13089

19 October 2015

MINUTES OF THE ORDINARY MEETING OF THE DISTRICT COUNCIL OF MALLALA HELD IN THE MALLALA INSTITUTE, DUBLIN ROAD, MALLALA ON MONDAY 19 OCTOBER 2015, COMMENCING AT 6.30 PM 1. ATTENDANCE 1.1 Present

Mayor D Kennington (Mayor) and Crs S Strudwicke, K McColl, B Summerton, P Daniele, M Lawrence, T Keen, S Jones, and Messrs K Márton (Chief Executive Officer), J Tanti (General Manager – Community and Corporate Services),P Cleghorn (Acting General Manager - Infrastructure and Assets), B Schulz (Development Services Coordinator), C Muzyk (Strategic Projects Coordinator), J Strange (Senior Planning Officer) and A Humphrys (Minute Secretary)

1.2 Apologies Crs E Stubbing and A Picard 1.3 Not Present / Leave of Absence Nil 2. CONFIRMATION OF MINUTES

2.1 Moved Cr Summerton Seconder Cr Daniele

“that the minutes of meeting held on held on Monday 21 September 2015 (MB Folios 13072 to 13088, inclusive), be accepted as read and confirmed.”

Amendment

Moved Cr Jones Seconder Cr Keen

“that the two points of order of 21 September 2015 meeting be included in the minutes.”

CARRIED (2015/243)

Division

Councillor Jones called a Division

Those voting in the affirmative are Crs Jones, Keen, Lawrence, Strudwicke and McColl

Those voting in the negative are Crs Summerton and Daniele

The Mayor declared the motion CARRIED

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3. BUSINESS ARISING

3.1 No Business Arising

4. DECLARATION OF MEMBERS’ INTEREST

4.1 No Declaration of Interest

5. OPEN FORUM

The Mayor sought leave of the meeting to suspend Part 2 of the Local Government (Procedures at Meetings) Regulations 2013 for ‘Open Forum’. The meeting was suspended at 6.34 pm.

The following speakers addressed Council:

5.1 Dean Cook Mallala Resident

John Lush Mallala Resident

Kerry Heym Mallala Resident

Margaret Tiller Mallala Resident

Meeting resumed at 6.58 pm

6. BRIEFINGS

6.1 No Briefings

7. MAYOR’S REPORT

7.1 Meetings Attended and / or Discussions Held (CON12/1199)

Monday 21 September 2015 Shandong Regional Meeting Tuesday 22 September 2015 ABC Radio Interview – Port Pirie Tuesday 23 September 2015 CEO and Deputy Mayor Briefing Tuesday 29 September 2015 Bunyip Newspaper Interview Wednesday 30 September 2015 D’Vine Ripe Stage Four – Official Opening CEO and Deputy Mayor Briefing

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Friday 2 October 2015 Baker Road Ford Upgrade Opening Wednesday 7 October 2015 CEO and Deputy Mayor Briefing Environmental Management Advisory Committee Meeting Thursday 8 October 2015 Regional Mayor and CEO Meeting Monday 12 October 2015 Audit Committee Meeting Strategic Planning and Development Policy Committee Meeting Tuesday 13 October 2015 Regional Awards - Barossa Wednesday 14 October 2015 Long Plains Red Cross Afternoon Tea Thursday 15 October 2015 Country Cabinet Mock Presentation - Gawler Saturday 17 October 2015 Fly Festival – Bird Sanctuary St Kilda Monday 19 October 2015 Country Cabinet – Barossa, Light and Lower North Presentation to Cabinet Monday 19 October 2015 Country Cabinet Afternoon Tea

8. MINUTES AND/OR RECOMMENDATIONS

8.1 Council Development Assessment Panel

8.1.1 Minutes of meeting held 6 October 2015 (CON12/218)

8.2 Environmental Management Advisory Committee

8.2.1 Minutes of meeting held 7 October 2015 (CON12/1101)

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8.3 Community Development and Advisory Committee

8.3.1 Minutes of meeting held 8 October 2015 (CON12/1100)

8.4 Audit Committee

8.4.1 Minutes and recommendations of meeting held 12 October 2015 (CON12/522)

ADOPTION OF AUDIT COMMITTEE RECOMMENDATIONS

2015-2016 – 1st Budget Review (CON12/433)

Moved Cr Daniele Seconded Cr Summerton

“that Council having considered the recommendation of the Audit Committee, Item 4.3 - 2015/2016 – 1st Budget Review, dated 12 October 2015, (all proposed changes having been agreed to by Council), endorse the operating and capital budget revisions to the 2015/2016 Budget as follows:

Defer Two Wells roundabout to 2016/2017 ($500,000)

Remove Two Wells civic accommodation review ($100,000)

Increase Strategic & Corporate Plan review $50,000

Capital carryover Marshman Street relocation $34,500

Capital carryover Council CWMS connections $22,800

Capital carryover 210 Hayman road facility $10,000

Carryover Coleman Road dump closure $34,000

Increase Baker Road Ford capital project $234,785

Increase capital income Baker Road Ford ($334,034).”

CARRIED (2015/244)

Policy Introduction (CON12/473)

Moved Cr Summerton Seconded Cr McColl

“that Council having considered the recommendation of the Audit Committee Item 4.4 – Policy Introduction, dated 12 October 2015, endorses, including suggested changes listed, the:

1. Hardship Policy;

Renamed ‘Water & Sewerage Services Hardship Policy’

Edit references to title throughout policy document.

2. Internal Financial Controls Policy;

3. Prudential Policy;

Reduce policy application threshold (p.3) from $100k to $50k;

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19 October 2015

Remove ‘insignificant’ column (<$50k) from risk matrix (p.5)

Include note at risk matrix footer that acknowledges exclusion

of financial exposure mitigated by Council’s insurance policy.

4. Budget Management Policy;

Substitute ‘Model Financial Statements’ with ‘Budget Report’

in clause 3.1.”

CARREID (2015/245)

9. ASSOCIATED ORGANISATIONS

9.1 Gawler River Floodplain Management Authority

9.1.1 Minutes of meeting held 22 September 2015 (CON12/314)

9.2 Central Local Government Region

9.2.1 No Minutes

10. QUESTIONS ON NOTICE

10.1 Questions on Notice

10.1.1 Grant Funding for Council (CON12/537)

Preamble I have been asked by a resident to ask questions about the process

of grant funding, at local government level, and in particular at

District Council of Mallala. (Examples might be useful for

understanding this part of local government as it applies to our

Council).

Question 1: What is the process followed by DCM for grant applications?

Answer: In general, when grant funding opportunities become available,

Administration refers to the current business plan and budget for

council approved projects or initiatives that would be assisted or

reduce costs for council. Most grant funding must be matched

dollar for dollar. If Council has already approved funds for a project,

then Administration can confidently apply for funding which would

be of assistance and can in fact be matched by council.

There are occasions when funding opportunities arise for projects

that are desirable or on Council’s radar, but not funded in the

budget. On these occasions, the CEO would report to council on

the opportunity and seek council’s endorsement before proceeding

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19 October 2015

with a funding application, particularly in the case of matching

funding where this would be a budget variation for council.

Question 2: At what stage of this process does the matter come to Council for

a decision?

Answer: As per the response above, applications for grant funding for

projects that have been approved in the budget do not need to be

brought to council as the overall impact of receiving the funding is

a reduction in expenditure. The receipt of a grant and the obvious

benefit to Council’s bottom line would be reported back to council.

On occasion funding opportunities become available with very

short time frames for application. This does cause difficulty getting

pre-approval from council, particularly when a budget variation is

required.

The CEO will on those occasions, and depending on the importance

of the particular project, attempt to call a special meeting of

council if necessary. Another method would be seeking

endorsement of council by ‘flying minute’.

In general, the CEO will attempt to gain the endorsement of council

prior to applying for grant funding for projects or initiatives that are

not in the approved budget and business plan.

The CEO may use some discretion depending on the importance of

the funding to council, but would advise council of the application

and rationale.

Question 2: Is it possible that only staff are involved in the process, under

delegated or other authority, and are these occasions reported to

Council?

Answer: As per above there may be occasions when Administration, under

the CEOs delegation, might apply for funding if there is not an

opportunity to discuss with council because of short time frames.

Successful receipt of grant funding is generally acknowledged in

financial reports and will be noted in budget reviews.

However, Administration will not apply for funding, particularly

matching funding, for non budgeted projects without Council’s

endorsement.

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19 October 2015

10.1.2 Proposed Principal Office Relocation (CON12/537)

Preamble In the Agenda Papers of 21 September 2015 the following

statement appears as part of a report 19.11 regarding changes to

the 15/16 Budget.

"Council's current budget included an amount of $250k for the

proposed move of Council's principal office and associated staff."

It is my understanding that this Council has not made a motion to

"move Council's Principal Office and associated staff."

Question 1: Given that at the last meeting of DCM a question without notice

(and which was not reported in the minutes due to a technicality)

was asked about when Council had made a decision to move its

principal office to Two Wells and the answer given was that it had

not made that decision, how can a report from staff suggest that

there is a proposed relocation of the principal office?

Answer: Council endorsed a budget of $250,000 for the proposed office

move to Two Wells, by virtue of endorsement of its 2015-16 Annual

Business Plan and Budget in July 2015.

As public consultation is required for this proposal, Council will

need to make a formal decision on the proposal either way

following a public consultation process.

Question 2: When will this matter come to Council for a decision?

Answer: Details of the draft proposal and options for Council's consideration

to endorse for public consultation will be presented to Council at a

Special Meeting on Monday 9th November 2015 at 6.30pm. A final

decision would then need to be endorsed by Council at a date to be

determined following the consultation process.

10.1.3 Organisational Structure (CON12/537)

Preamble In determining the organizational structure, or if significant

organizational change is proposed,

The Chief Executive Officer MUST consult to a reasonable degree,

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19 October 2015

with the Council pursuant to Section 99(2) of the Act. This does not

enable the Council to remove responsibility from the Chief

Executive Officer for this function but requires the Chief Executive

to fully inform the Council of the proposed and / or the rationale

for change and to receive and consider the Councils views as a

whole on the merits of the structure or restructure.

This consultation does not require the consent of Council (or

individual Council Members) but requires that the degree of

consultation be reasonable, genuine, and co-operative. At all times,

the Act requires that the Councils organizational structure must be

consistent with the Council's strategic management plans, policies

and budget. The Act requires the Chief Executive Officer to adopt

proper human resource management practices in accordance with

the relevant Acts, awards and industrial agreements.

The Chief Executive Officer must act within these constraints and

take views of the Council into account. The Council must also take

these corporate matters and in particular, the duties and

responsibilities of the Chef Executive Officer, into account.

Restructuring is an opportunity to build relationships between

Council and staff, if it is carried out well with mutual respect and

understanding. Whilst Councils sometimes have difficulties in

understanding and accepting the statutory role and functions of

the Chief Executive Officer and the appropriate level of autonomy

required to properly fulfil the role, it must be remembered that the

Chief Executive Officer is ultimately accountable to the Council for

the development and maintenance that enables the Councils

decisions to be implemented efficiently and effectively- (page 8.

Question 1: Did Council engage services of a recruitment agency to fill GM

role of Infrastructure and Planning and if so, what costs have

been incurred?

Answer: All councillors were informed by email by the CEO of the

engagement of AME Recruitment Pty Ltd to recruit the General

Manager Corporate & Community Services (GMCCS), and General

Manager Infrastructure & Planning Services (GMIPS) on 15th June

2015.

The total cost for the two recruitments was $12,000. The GMCCS

position was filled by the Governance Officer, and the recruitment

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19 October 2015

for the GMIPS was put on hold. The unexpended funds from the

fee have been redeployed for the recruitment of a new

Governance Officer.

Question 2: What process has been followed in considering Councils view, in

reference to "the Chief Executive Officer MUST consult to a

reasonable degree pursuant to Section 99(2) of the Act"?

Answer: - All councillors were informed by email by the CEO of the

engagement of AME Recruitment Pty Ltd to recruit the

General Manager Corporate & Community Services

(GMCCS), and General Manager Infrastructure & Planning

Services (GMIPS) on 15th June 2015.

- All councillors were advised by the CEO via email on 22nd

June to direct queries regarding the recruitment directly to

AME.

- Interviews were held with the CEO, Mayor and AME

consultant during late July and August.

- On the 20th August, the CEO invited all councillors via email

to a briefing on operational matters on Monday 31st August.

- On the 27th August, the CEO informed all councillors via

email of the appointment of Jo-Ann Tanti to the role of GM

Corporate & Community Services. The email also advised

councillors that they would be updated on staffing matters

at the impending briefing.

- At the 31st August briefing, the CEO discussed staffing

matters, and advised councillors that because of the size and

complexity of the Infrastructure and Planning Services

portfolio, and a pending review of Planning Services, that

she would not be recruiting a GM over the whole portfolio.

Instead, an incumbent member of the leadership team

would be given a development opportunity in an acting role

as General Manager Assets & Infrastructure. Further, the

results of the review into Planning Services would inform

any further staffing changes in that area.

13098

- On the 1st October, the CEO informed all councillors and

staff of the appointment of an Acting GM Assets and

Infrastructure, the review of the Planning Services area, the

departure of the Acting GM Infrastructure & Planning

Services, and the fact that the Strategic Projects Co-

ordinator and Development Services Co-ordinator would

now be reporting directly to the CEO.

Question 3: Is it possible legal advice can be obtained as to has there been a

reasonable degree of consultation with the Council pursuant to

Section 99(2) of the Act?

Answer: Council may seek legal advice, at cost, for any matter by formally

directing the CEO to do so.

11. QUESTIONS WITHOUT NOTICE

Rules from Local Government Act 1999 Regulations:-

Questions and replies are not entered in the minute book unless expressly required by resolution.

No debate shall be allowed on any question or reply to any question.

Moved Cr Summerton Seconded Cr Daniele

“that staff prepare a report that identifies suitable venues within Two Wells

to facilitate Ordinary Council Meetings and bring back to Council.”

LOST (2015/246)

Moved Cr Jones Seconded Cr Lawrence

“that dot points recording Councillor Jones’ name in the Questions on Notice

be removed.”

Motion withdrawn

Moved Cr Keen Seconder Cr Jones

“that Council fund fencing for the Dublin Playground.”

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19 October 2015

Amendment

Moved Cr McColl Seconder Cr Lawrence

“that Council investigate the cost to fence the Dublin Playground and

present back to Council.”

CARRIED (2015/247)

Moved Cr Keen Seconder Cr Jones

“that the Dublin playground fencing report be brought back to the next

Ordinary Council meeting.”

CARRIED (2015/248)

Moved Cr Lawrence Seconder Cr McColl

“that Council investigate the cost to supply and install a flagpole at the Two

Wells Service Centre and present a report back to Council.”

CARRIED (2015/249)

12. PETITIONS

12.1 No Petitions

13. DEPUTATIONS

13.1 Angela Murphy (District Council of Mallala Residents and Ratepayers Incorporated) gave a ten minute deputation.

Items discussed are as follows:

Regarding concerns on the proposed move of Councils Principal Office from Mallala to Two Wells

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19 October 2015

14. MOTIONS ON NOTICE

14.1 Chief Executive Officer Review Committee – Terms of Reference (CON12/537)

Moved Cr Jones Seconded Cr Lawrence

“that the Terms of Reference of the Chief Executive Officer Review

Committee be changed to include all Elected Members.”

CARRIED (2015/250)

Moved Cr McColl Seconded Cr Lawrence

“that the Terms of Reference of the Chief Executive Officer Review

Committee be reviewed and brought back to Council with any relevant

changes now that all Elected members are on that committee.”

CARRIED (2015/251)

15. ADJOURN INTO STANDING COMMITTEE

15.1 No Agenda for Strategic Planning and Development Policy Committee

16. ADOPTION OF STANDING COMMITTEE RECOMMENDATIONS

16.1 Strategic Planning and Development Policy Committee recommendations of meeting 12 October 2015

Gawler River and River Light (Flood Hazard Mapping) Development Plan

Amendment - Statement of Intent (CON12/249) Moved Cr McColll Seconded Cr Summerton

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.1 - Gawler River and Light River (Flood Hazard Mapping) Development Plan Amendment- Statement of Intent dated 12 October 2015, request the Minister for Planning to rescind the Statement Of Intent - Gawler River and River Light Flood Prone Areas Development Plan Amendment.”

CARRIED (2015/252)

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19 October 2015

Moved Cr Keen Seconded Cr McColl

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.1 - Gawler River and Light River (Flood Hazard Mapping) Development Plan Amendment- Statement of Intent dated 12 October 2015, endorses the Statement of Intent for the Gawler River and Light River (Flood Hazard Mapping) Development Plan Amendment.”

CARRIED (2015/253)

Moved Jones Seconded Keen

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.1 - Gawler River and Light River (Flood Hazard Mapping) Development Plan Amendment- Statement of Intent, dated 12 October 2015, authorises the Chief Executive Officer to forward the Statement of Intent to the Minister for Planning requesting his agreement on the proposed amendment.”

CARRIED (2015/254)

Ministerial DPA - Existing Activity Centres Policy Review Development Plan Amendment (CON12/216) Moved Cr Keen Seconded Cr Summerton

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.2 - Ministerial DPA- Existing Activity Centres Policy Review Development Plan Amendment, dated 12 October 2015, receives the report.”

CARRIED (2015/255)

Moved Cr McColl Seconded Cr Lawrence

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.2 - Ministerial DPA- Existing Activity Centres Policy Review Development Plan Amendment, dated 12 October 2015, authorizes the Chief Executive Officer to provide a submission to the Minister of Planning in support of the DPA.”

CARRIED (2015/256)

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19 October 2015

Two Wells Town Centre Development Plan Amendment – Endorsement of Final DPA (CON12/250) Moved Cr McColl Seconded Cr Lawrence

“that the Committee, having considered Item 6.3 Two Wells Town Centre Development Plan Amendment- Endorsement of Final DPA, dated 12 October 2015, recommends to Council that it receives the report.”

CARRIED (2015/257)

Moved Cr Summerton Seconded Cr Lawrence

“that the Committee, having considered Item 6.3 Two Wells Town Centre Development Plan Amendment- Endorsement of Final DPA, dated 12 October 2015, recommends to Council that it endorse the Two Wells Town Centre Development Plan Amendment.”

CARRIED (2015/258)

Moved Cr McColl Seconded Cr Lawrence

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.3 Two Wells Town Centre Development Plan Amendment- Endorsement of Final DPA, dated 12 October 2015, endorses the Summary of Consultation and Proposed Amendments (SCPA) Report.”

CARRIED (2015/259)

Moved Cr Keen Seconded Cr Lawrence

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.3 Two Wells Town Centre Development Plan Amendment- Endorsement of Final DPA, dated 12 October 2015, authorises the Chief Executive Officer to submit the Two Wells Town Centre Development Plan Amendment to the Minister of Planning for approval.”

CARRIED (2015/260)

Mallala Broadacre Farming Study (CON14/46)

Moved Cr Lawrence Seconded Cr Summerton

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.4 - Mallala Broadacre Farming Study, dated 12 October 2015, receives the report.”

CARRIED (2105/261)

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19 October 2015

Strategic Projects and Development Policy Update (CON14/35)

Moved Cr Jones Seconded Cr Daniele

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 6.5 - Strategic Projects and Development Policy Update, dated 12 October 2015, receives the report.”

CARRIED (2015/262)

17. ITEMS FOR NOTING / INFORMATION / ACTIVITY REPORTS

17.1 Items for Information / Noting

17.1.1 Finance Report (CON12/491)

Moved Cr Summerton Seconded Cr Daniele

“that Council, having considered Item 18.1.1 - Finance Report, dated 19 October 2015, that the report be received and noted.”

CARRIED (2015/263)

17.1.2 Former Mallala Hospital – Investigate Options for the Utilisation Inclusive of Council Office Administration (CON12/957)

Moved Cr Keen Seconded Cr Summerton

“that Council, having considered Item 17.1.2 - Former Mallala Hospital – Investigate Options for the Utilisation Inclusive of Council Office Administration, dated 19 October 2015, receives and notes this report.”

CARRIED (2015/264)

18. ITEMS FOR DECISIONS

18.1 Mallala CWMS Trenching Repairs on Dublin Road - Budget Re allocation (CON12/334-2)

Moved Cr Strudwicke Seconded Cr Jones

“that Council, having considered Item 18.1 - Mallala CWMS Trenching Repairs on Dublin Road - Budget Reallocation, dated 19 October 2015, endorses the following budget reallocation from the Capital Works Resealing Program 2015-2016;

- delete Dublin Road resealing ($48,900) from the Program;

- reallocate $11,235 to repairs to the CWMS cross connection trenches

on Dublin Road;

- reallocate the remaining $37,665 to the repair of the old section of

Dublin Road identified as leading up to the newly sealed section, to

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19 October 2015

include patching and pot hole repairs, with any remaining funds

allocated to the resealing of Gawler River Road from Germantown

Road to Frost Road and Gawler River Road from Frost Road to Baker

Road, in order to continue to meet the required Roads to Recovery

funding agreement for resealing.”

CARRIED (2015/265)

18.2 Office and Operations Closure – Christmas / New Year 2015 (CON12/513)

Moved McColl Seconded Cr Summerton

“that Council, having considered Item 18.2 – Office and Operations Closure – Christmas / New Year 2015, dated 19 October 2015, authorises the Chief Executive Officer to finalise the administrative and public notification requirements associated with the Christmas / New Year closure applicable within the following dates and times:

- Depot Operations closed from 12.00 pm Wednesday 23 December 2015 and resuming normal operations from Monday 4 January 2016.”

- Administration Closed from 1.00 pm Thursday 24 December 2015 and resuming normal operations from Monday 4 January 2016.”

CARRIED (2015/266)

18.3 Planning, Development and Infrastructure Bill 2015 (CON12/215)

Moved Cr Strudwicke Seconded Cr McColl

“that Council, having considered Item 18.3 - Planning, Development and Infrastructure Bill 2015, dated 19 October 2015, receive and note the report.”

CARRIED (2105/267)

Moved Cr Summerton Seconded Cr Daniele

“that Council, having considered Item 18.3 - Planning, Development and Infrastructure Bill 2015, dated 19 October 2015, authorize the Chief Executive Officer to sign and forward the amended submission on behalf of Council to the Minister for Planning, in response to the draft Planning, Development and Infrastructure Bill 2015.”

CARRIED (2015/268)

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19 October 2015

18.4 Climate Change Strategy - Submission to DEWNR (CON12/50)

Moved Cr Strudwicke Seconded Cr Keen

“that Council, having considered Item 18.4 - Climate Change Strategy- Submission to DEWNR, dated 19 October 2015, receives the report.”

CARRIED (2015/269)

Moved Cr McColl Seconded Cr Lawrence

“that Council, having considered Item 18.4 - Climate Change Strategy- Submission to DEWNR, dated 19 October 2015, authorises the Chief Executive Officer to provide a submission to DEWNR in response to the consultation papers and highlights the issues and opportunities the District Council of Mallala offers in the States response and adaptation to climate change.”

CARRIED (2015/270)

18.5 Strategic Planning and Development Policy Committee- Proposed Amendments to Terms of Reference (CON14/35)

Moved Cr Keen Seconded Cr Summerton

“that Council, having considered Item 18.5 - Strategic Planning and Development Policy Committee – Proposed Amendments to Terms of Reference, dated 19 October 2015, receives the report.”

CARRIED (2015/271)

Moved Cr Strudwicke Seconded Cr Keen

“that Council, having considered Item 18.5 - Strategic Planning and Development Policy Committee –Proposed Amendments to Terms of Reference, dated 19 October 2015 endorses the Strategic Planning and Development Policy Committee – Amended Terms of Reference with the following changes:

4.1 – Membership – retaining All members of the Council are deemed to be members of the Committee.

11 – Part 2 of the regulations will apply.”

CARRIED (2015/272)

19. URGENT BUSINESS

19.1 No urgent business

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20. CONFIDENTIAL ITEMS

20.1 Confidential – External Audit Services (CON12/440)

Moved Cr Summerton Seconded Cr Lawrence

“Exclusion of the Public, that: a. pursuant to Section 90(2) of the Local Government Act, 1999, orders

that all persons with the exception of the Chief Executive Officer, Katrina Márton, General Manager Corporate & Community Services, Jo-Ann Tanti, Acting General Manager Infrastructure & Assets, Paul Cleghorn, Strategic Projects Coordinator, Carol Muzyk and Minute Secretary, Andrea Humphrys be excluded from attendance at the meeting for agenda item 20.1, Confidential – External Audit Services (CON12/440),

b. the Council is satisfied pursuant to Section 90(3)(b) of the Act, the information to be received, discussed or considered in relation to this agenda item is related to information the disclosure of which: i. could reasonably be expected to confer a commercial advantage

on a person with whom the Council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Council: and

ii. would, on balance, be contrary to the public interest; c. accordingly, the Committee is satisfied that the principle that the

meeting be conducted in a place open to the public has been outweighed in the circumstances as commercial in confidence material regarding audit services would be disclosed.”

CARRIED (2015/273)

Moved Cr Strudwicke Seconded Cr Summerton

“that Council having considered the recommendation of the Audit Committee Item 5.1 - Confidential – External Audit Services, dated 12 October 2015, endorses to engage the services of Bentleys (SA) Pty Ltd for a term of five years.”

CARRIED (2015/274)

Moved Cr Strudwicke Seconded Cr Daniele

“that Council having considered the recommendation of the Audit Committee Item 5.1 - Confidential – External Audit Services, dated 12 October 2015, having been considered in confidence pursuant to section 90(3)(b) of the Local Government Act 1999, hereby orders, in accordance with Section 91(7) of the Local Government Act 1999 that this report and the minutes of this item be kept confidential until the Council has engaged the services of the preferred service provider.

CARRIED (2015/275)

Out of Confidence

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19 October 2015

Cr Strudwicke called for a Point of Order as it is required that Council enter into confidence per Section 90 of the Local Government Act 1999 for each item.

The Mayor accepted the Point of Order.

20.2 Standing Committee recommendations – Confidential (CON15/35)

Moved Cr McColl Seconded Cr Keen

“Exclusion of the Public, that:

a. pursuant to Section 90(2) of the Local Government Act, 1999, orders that all persons with the exception Chief Executive Officer, Katrina Márton, General Manager Corporate & Community Services, Jo-Ann Tanti, Acting General Manager Infrastructure & Assets, Paul Cleghorn, Strategic Projects Coordinator, Carol Muzyk and Minute Secretary, Andrea Humphrys be excluded from attendance at the meeting for agenda item 20.2, relating to Gawler River Flood Management Authority – A Findings Report for the Gawler River Flood Mitigation Scheme.

b. Council is satisfied pursuant to Section 90(3)(j) of the Act, the information to be received, discussed or considered in relation to this agenda item is related to information the disclosure of which:

i. would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and

ii. would, on balance, be contrary to the public interest;

c. accordingly, Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances as the preliminary information has been provided by a public authority who will manage the publication in due course.”

CARRIED (2015/276)

Moved Cr McColl Seconded Cr Lawrence

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 7.1 - Report Gawler River Flood Management Authority – A Findings Report for the Gawler River Flood Mitigation Scheme, dated 12 October 2015, receives the report.”

CARRIED (2015/277)

Out of Confidence

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19 October 2015

Moved Cr McColl Seconded Cr Strudwicke

“that Council having considered the recommendation of the Strategic Planning and Development Policy Committee Item 7.1 - Report Gawler River Flood Management Authority – A Findings Report for the Gawler River Flood Mitigation Scheme, dated 12 October 2015, having been considered in confidence pursuant to section 90(3)(j) of the Local Government Act 1999, hereby orders, in accordance with Section 91(7) of the Local Government Act 1999 that this report and the minutes of this item be kept confidential until the Council has been provided with a document for public release from the issuing public authority.”

CARRIED (2015/278)

20.3 Confidential – NBN Briefing and Update

Moved Cr Strudwicke Seconded Cr Keen

“Exclusion of the Public, that:

a. pursuant to Section 90(2) of the Local Government Act, 1999, orders that all persons with the exception Chief Executive Officer, Katrina Márton, General Manager Corporate & Community Services, Jo-Ann Tanti, Acting General Manager Infrastructure & Assets, Paul Cleghorn, Strategic Projects Coordinator, Carol Muzyk and Minute Secretary, Andrea Humphrys be excluded from attendance at the meeting for agenda item 20.3, relating to Confidential –NBN Briefing and Update

b. Council is satisfied pursuant to Section 90(3)(j) of the Act, the information to be received, discussed or considered in relation to this agenda item is related to information the disclosure of which:

i. would, on balance, be contrary to the public interest;

c. accordingly, Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances as commercial in confidence material regarding the NBN project would be disclosed.”

CARRIED (2015/279)

Out of Confidence

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21. CLOSURE

There being no further business, the Mayor declared the meeting closed at 8.48 pm.

Confirmed as a true record.

Mayor: ......................................................................

Date: ____/____/___