60

ADELAIDE HILLS COUNCIL

MINUTES OF ORDINARY COUNCIL MEETING

TUESDAY 24 MARCH 2015

63 MT BARKER ROAD STIRLING

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor / Ward
Councillor Ron Nelson
Councillor Jan-Claire Wisdom / Manoah
Councillor Ian Bailey
Councillor Jan Loveday / Marble Hill
Councillor Kirrilee Boyd
Councillor Nathan Daniell
Councillor John Kemp / Mt Lofty
Councillor Val Hall
Councillor Lynton Vonow
Councillor Andrew Stratford / Onkaparinga Valley
Councillor Linda Green (8.07pm)
Councillor Malcolm Herrmann / Torrens Valley

In Attendance:

Andrew Aitken / Chief Executive Officer
Tim Piper / Director Corporate Services
Deb Richardson / Director Engineering & Assets
Marc Salver / Director Strategy & Development
David Waters / Director Community & Customer Service
Lachlan Miller / Manager Governance & Risk
Mark Buckerfield / Manager Built & Natural Assets
Sharon Leith / Sustainability Officer
Pam Williams / Minute Secretary

1.  COMMENCEMENT

The meeting commenced at 6.33pm.

2.  OPENING STATEMENT

“Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”

3.  APOLOGIES/LEAVE OF ABSENCE

3.1.1.  Apology

Nil

3.1.2.  Leave of Absence

Nil

3.1.3.  Absent

Nil

4.  MINUTES OF PREVIOUS MEETINGS

4.1.1.  Council Meeting – 24 February 2015

Moved Cr Malcolm Herrmann
S/- Cr Kirrilee Boyd / 37

That the minutes of the ordinary meeting held on 24 February 2015 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried Unanimously

5.  DECLARATION OF INTEREST BY MEMBERS OF COUNCIL

Cr Wisdom declared an interest in Item 4.10, Nomination to Libraries SA.

6.  PRESIDING MEMBER’S OPENING REMARKS

Mayoral activities since 24th February 2015

Thursday 26th February

·  Australian Red Cross re: changes to mobile blood bank

Friday 27th February

·  LGA Research and Development Scheme Advisory Committee @ Campbelltown

Saturday 28th February

·  Lobethal Harmony Club Gala Concert @ Gumeracha

Wednesday 4th March

·  Better together showcase – fund my community @ Adelaide

·  Stirling District Football Club/Bradbury CFS re: water allocation

Thursday 5th March

·  Adelaide Hills Magazine Autumn edition launch @ Littlehampton

Tuesday 10th March

·  Global International delegation from Papua @ Stirling

Wednesday 11th March

·  SA Premier’s visit to Sampson Flat Bushfire Recovery Centre @ Gumeracha

·  Metropolitan Local Government Group @ Adelaide

·  Modbury Bowling Club benefit for Paracombe & TTG CFS @ Ridgehaven

Thursday 12th March

·  RDA/LGA workshop on economic development @ Adelaide

Friday 13th March

·  SA Premier’s Reception and opening of Convention Centre west building, City

Sunday 15th March

·  Mt Torrens Primary School closing ceremony @ Mt Torrens

Monday 17th March

·  Regional Awards Hill and Coast launch @ Langhorne Creek

Wednesday 18th March

·  South Australian Regional Organisation of Councils @ Adelaide

Thursday 19th March

·  LGA Board @ Adelaide

Friday 20th

March

·  Rotary Club of Stirling Photographic exhibition @ Stirling

Monday 23rd March

·  Citizenship ceremony @ Stirling

Media

Wednesday 25th February

·  Courier re: Crafers to Mt Lofty walking trail @ Crafers

Thursday 26th February

·  Channel 7 re: Crafers to Mt Lofty walking trail @ Crafers

Monday 3rd March

·  5AA Leon Byner re Roadside Trees @ Stirling

·  Channel 9 Harvey Biggs re Roadside Trees @ Stirling

·  ABC News re Roadside Trees @ Stirling

·  ABC891 Sonya Feldhoff re Crafers to Mt Lofty walking trail & Roadside Trees @ Adelaide

Thursday 5th February

·  Courier re Roadside Trees & Speed limits

7.  REPORTS

7.1.1.  Council Member Reports

Council Members undertook the following duties during the month:

Cr Jan-Claire Wisdom

Tuesday 24 February

·  Governor's reception for Governor's Leadership Foundation launch

Friday 13 March

·  Art Gallery launch – Trent Parkes exhibition

·  Opening launch of new wing, Convention Centre, Adelaide

Wednesday 18 March

·  AHC CEO Performance Review Panel

Cr Val Hall

Tuesday 10 March

·  Meeting re Lobethal Lights

Wednesday 11 March

·  Birdwood Park and Sporting Clubs

Friday 20 March

·  Gumeracha RSL

Cr Malcolm Herrmann

Sunday 15 March

·  Closure of Mount Torrens Primary School

Wednesday 18 March

·  Kersbrook Residents Association

·  Community Leaders Group Sampson Flat Bushfire

Cr Kirrilee Boyd

Friday 13th March

·  Stirling Business Association meeting

·  Official opening of the Adelaide Convention Centre West Building

Cr John Kemp

Friday 20 March

·  Rotary Club Photographic Competition Awards and launch

Saturday 21 March

·  The Hut Board Meeting

· 

Monday 23 March

·  Citizenship Ceremony Coventry Library

7.1.2.  Reports of Members as Council/Committee Representatives on External Organisations

Cr Jan-Claire Wisdom

·  Monday 16 March

State Libraries Board – Delivering the SLSA’s Future, report on Future of Public Libraries Network due in approx. 2 months, State Library hosting a Hairy MacLary Fun Day 29 March

Cr Ian Bailey

·  AHRWMA visit to Brinkley

7.1.3.  CEO Report

Andrew Aitken, CEO, provided Council with a verbal Corporate Update.

·  Capital works projects across the district

·  Bridgewater Park development consultation

·  Internal Sustainability Group

·  Community Forum 31 March 2015 at Forreston Memorial Hall

·  DPTI Speed Limit Review workshops

·  Library Data Base promotion – Literacy Planet

·  European wasps – increase in calls this season

8.  QUESTIONS ADJOURNED/LYING ON THE TABLE

8.1.1.  Questions Adjourned

Council Member Email Accounts

(from 27 January 2015 meeting)

8.1.2.  Questions Lying on the Table

Nil

9.  PETITIONS / DEPUTATIONS / PUBLIC FORUM

9.1.1.  Petitions

Nil

9.1.2.  Deputations

Nil

9.1.3.  Public Forum

·  Belinda McGrath Steer, Stirling Business Association re Stirling Markets & road permit arrangements. A document from the Stirling Business Association was given to Council Members.

·  Alistair Turnbull, Lobethal Bierhaus re AHBTC Masterplan

10.  PRESENTATIONS (by exception)

·  Hon Dean Brown, Playford Memorial Trust re scholarships

11.  QUESTIONS ON NOTICE

11.1.1. Expert Panel for Planning Reform – Cr John Kemp

Council made a submission to the Chairman of the Expert Panel for Planning Reform on 20.10.2014 regarding documents associated with Development Applications which will form part of the report to the Council Development Assessment Panel. In particular that these documents should also be made “available publicly” which would be at variance with the LGA template for the Development Application Document Reproduction Policy.

Has there been a response to this submission?
Does Council have to conform with the LGA policy template?

OFFICER’S RESPONSE – Marc Salver, Director Strategy & Development

There was a general acknowledgement of the submission, but no further response to Council’s letter of 20 October 2014 on this particular matter. The Expert Panel are providing recommendations on the architecture of a new planning system rather than individual policy detail. As this matter is related to a detailed policy, Council planning staff have initiated a review of the way development application documents can be made “available publicly”. Council staff have engaged a lawyer that assisted with the development of the LGA policy template to review this particular aspect of the policy based on public feedback.

Council can exercise discretion in adopting LGA policy templates. Policy templates are developed by the LG and a panel of legal advisers to provide guidance to local government around statutory processes and legislative requirements.

12.  MOTIONS ON NOTICE

Nil

13.  REPORTS OF COMMITTEES

13.1.1. Strategic Planning & Development Policy Committee – 10 March 2015

Moved Cr Ian Bailey
S/- Cr Val Hall / 38

That the minutes of the Strategic Planning & Development Policy Committee meeting of 10 March 2015 as distributed, be received and noted.

Carried Unanimously

13.1.2. Development Assessment Panel – 3 March 2015

Moved Cr John Kemp
S/- Cr Lynton Vonow / 39

That the minutes of the Development Assessment Panel meeting of 3 March 2015 as distributed, be received and noted.

Carried Unanimously

13.1.3. Audit Committee

Nil

13.1.4. CEO Performance Review Panel

Nil

The Mayor advised Council that this was the last meeting for Tim Piper, Director Corporate Services, who leaves Council on 27 March 2015. Mayor Spragg thanked Mr Piper for his 5.5 years’ service to Adelaide Hills Council and wished him all the best for the future. Councillors thanked Mr Piper with acclamation.

14.  OFFICER REPORTS

14.10 Nomination to Libraries Board SA

Moved Cr Kirrilee Boyd
S/- Cr John Kemp / 40

That item 14.10, Nomination to Libraries Board SA, be moved forward to this point on the agenda.

Carried Unanimously

14.10  Nomination to Libraries Board SA

7.44pm Cr Wisdom declared a conflict of interest as she is applying for a position as Board Member of the Libraries Board SA and this involves a sitting fee and left the Chamber.

Moved Cr Jan Loveday
S/- Cr Lynton Vonow / 41

That Council resolves:

1.  That the report be received and noted.

2.  That Council endorses the nomination of Cr Jan-Claire Wisdom to the Libraries Board of South Australia.

Carried Unanimously

7.46pm Cr Wisdom entered the Chamber.

14.1.1. Draft Adelaide Hills Business & Tourism Centre (AHBTC) Masterplan

Moved Cr Val Hall
S/- Cr Andrew Stratford / 42

That Council resolves:

1.  That the draft masterplan be received and noted.

2.  That the masterplan report be endorsed for community consultation.

Carried Unanimously

8.07pm Cr Green entered the Chamber.

Draft Adelaide Hills Business & Tourism Centre (AHBTC) Masterplan – further investigations

Moved Cr Malcolm Herrmann
S/- Cr John Kemp / 43

That a report be brought to Council at the special meeting on 14 April 2015, on the implications of allocating up to $70,000 towards the investigations around the AHBTC.

Carried Unanimously

14.1.2. Roadside Vegetation Management Plan

Moved Cr John Kemp
S/- Cr Kirrilee Boyd / 44

That Council resolves:

1.  The report be received and noted.

2.  The Roadside Vegetation Management Plan is endorsed for submission to the Native Vegetation Council.

Carried Unanimously

14.1.3. August Street Birdwood Traffic Management

8.15pm Cr Kemp left the Chamber

8.17pm Cr Kemp entered the Chamber

Moved Cr Malcolm Herrmann
S/- Cr Val Hall / 45

1.  That Council resolves that the report be received and noted.

2.  That a further traffic study be undertaken in February 2016 and that a report be provided at a subsequent meeting.

Carried
Moved Cr Val Hall
S/- Cr Ian Bailey / 46

That the meeting adjourn for a short break.

Carried Unanimously

8.35pm The meeting resumed.

14.1.4. Federal Government Trans Pacific Partnership

Moved Cr Lynton Vonow
S/- Cr Ian Bailey / 47

1.  That Council resolves that the report be received and noted.

2.  That Council endorses the District Council of Mt Barker resolution of 2 March 2015 and writes to the LGA indicating our support of their resolution in this regard.

3.  That Council requests the LGA to keep councils informed of developments in relation to the Trans Pacific Partnership.

Carried Unanimously

14.1.5. LGA Board Election of Board Members

Moved Cr Jan-Claire Wisdom
S/- Cr Jan Loveday / 48

That Council resolves:

1.  That the report be received and noted.

2.  To cast its first preference vote to Mayor Spragg.

3.  To delegate to Mayor Spragg the responsibility to allocate preferences for the remaining 11 Metropolitan Adelaide Zone Representative positions on the LGA State Executive.

4.  To authorise the Chief Executive to lodge the completed ballot paper for the 12 Metropolitan Adelaide Zone Representatives on the LGA State Executive to the LGA by 5.00pm Tuesday 7 April 2015.

Carried Unanimously

14.1.6. GRFMA Charter Amendment

Moved Cr John Kemp
S/- Cr Ron Nelson / 49

That Council resolves:

1.  That the report be received and noted.

2.  To amend Section 5.2 of the Gawler River Floodplain Management Authority Charter as contained in the report.

Carried Unanimously

14.1.7. GRFMA Audit Committee Membership

Moved Cr Jan Loveday
S/- Cr Linda Green / 50

That Council resolves:

1.  That the report be received and noted.

2.  That Council approves the appointment of the following people to the Gawler River Floodplain Management Authority Audit Committee:

-  Peter Brass, Independent Member

-  Cr Des Ellis, Light Regional Council

-  Sam Dilena, Manager Infrastructure & Engineering Services, Town of Gawler.

Carried Unanimously

14.1.8. Attendance at National General Assembly

Moved Cr Jan-Claire Wisdom
S/- Cr Kirrilee Boyd / 51

That Council resolves:

1.  That the report be received and noted.

2.  That Mayor Bill Spragg and Deputy Mayor Cr Jan Loveday be approved to attend the National General Assembly and Regional Development Forum in Canberra from 13 – 17 June 2015.

Carried Unanimously

14.1.9. Delegations Review

Moved Cr Linda Green
S/- Cr Jan Loveday / 52

That Council resolves:

1.  That the report be received and noted.

2.  That, having conducted its quarterly review of the Council’s Delegations Register, in accordance with Section 44(6) of the Local Government Act 1999, the Council:

2.1 Revocation

Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

2.1.2 Community Titles Act 1996

2.1.3  Development Act 1993 and Development Regulations 2008

2.1.4  Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 1994

2.1.5 Expiation of Offences Act 1996

2.1.6 Heavy Vehicle National Law (South Australia) Act 2013

2.1.7 Land & Business (Sale and Conveyancing) Act 1994

2.1.8 Liquor Licensing Act 1997

2.1.9 Local Government Act 1934

2.1.10 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014

2.1.11 Strata Titles Act 1999

2.1.12 Unclaimed Goods Act 1987

2.1.13 Work Health Safety Act 2012

2.2 Delegations made under Local Government Act 1999

2.2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in appendices which are individually identified as indicated below) are hereby delegated this 24th day of March 2015 to the person occupying the office of Chief Executive Officer subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.