town of gawler...oct 25, 2011 · town of gawler . minutes of council meeting . held 25 october...

TOWN OF GAWLER

MINUTES OF COUNCIL MEETING

HELD 25 OCTOBER 2011, COUNCIL CHAMBER, TOWN HALL, 89 MURRAY STREET, GAWLER,

COMMENCING AT 7:00PM 1. Statement of Acknowledgement

The Mayor read the statement of acknowledgement: We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

2. Attendance Record 2.1 Present Mayor Brian Sambell Deputy Mayor Brian Thom Councillors Kevin Fischer

Diane Fraser Scott Fraser David Hughes Paul Koch Karen Redman Adrian Shackley

Staff in Attendance Stephen Kerrigan Chief Executive Officer Vic Izzo Director Corporate & Community

Services Alec Shaw Director Planning & Infrastructure Paul Horwood Manager Finance John McArthur Manager Depot Operations Cheryl Douyere Executive Assistant Robin Goossens Minute Taker Legal Advisors

Sathish Dasan Norman Waterhouse Lawyers Amanda Green Norman Waterhouse Lawyers

2.2 Apologies Cr D Strauss 2.3 Motions to Grant Leave of Absence Nil

2.4 Leave of Absence Nil

COUNCIL MEETING MINUTES 25 OCTOBER 2011

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3. Confirmation of Minutes

Moved by Cr B Thom Seconded by Cr D Fraser Motion No: 2011:10:298

That the Minutes of the Council Meeting of 27 September 2011 (Folio 269 - 287) as presented be taken as read and are hereby confirmed as a true and correct record.

CARRIED

Moved by Cr D Hughes Seconded by Cr P Koch Motion No: 2011:10:299 That the Minutes of the Special Council Meeting of 6 October 2011 (Folio 288 - 290) as presented be taken as read and are hereby confirmed as a true and correct record.

CARRIED 4. Business Arising from Minutes Nil

5. Mayor’s Reports

Mayor Sambell reported on the month’s activities and functions he attended which also included college and school presentations, and a meeting at Trinity College to support children with dyslexia.

Mayor Sambell also urged Elected Members and residents to support nominations for Australia Day Awards.

6. Deputations 6.1 Mr Michael Sayer re: My Eye Health Program

The program is designed to provide education to the community on eye care issues. This is to be done via public/community meetings at neutral venues where community members feel comfortable. Local Governments are being asked to consider providing a council venue (free of charge) for these public meetings. No financial outlay by local government is requested. Mr Sayer will provide Council with further information at a later date.

Questions were asked by Elected Members and answers provided.

Mayor Sambell thanked Mr Sayer for his presentation.


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7. Public Open Forum 7.1 Ms Carmel Rosier, Access of Information and Confidential Items:

Ms Rosier expressed concern on a number of issues in access to information and Council’s treatment of confidential items.

The Mayor thanked Ms Rosier for her comments

Moved by Cr B Thom Seconded by Cr D Fraser Motion No: 2011:10:300 That Confidential Agenda Item 20.3 - Chief Executive Officer – Employment Agreement be brought forward.

CARRIED 20. Confidential Reports Item 20.3 – Chief Executive Officer – Employment Agreement (Confidential) (SF:50101; PER/94) Moved by Cr B Thom Seconded by Cr D Fraser Motion No: 2011:10:301 That: 1. Under the provisions of Section 90(2) of the Local Government Act, 1999,

an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer and Council’s Legal Advisors in order to consider Item 20.3 in confidence, under the provisions of Section 90(3)(a) and (h) of the Act regarding information relating to:

(a) information the disclosure of which would involve the unreasonable

disclosure of information concerning the personal affairs of any person (living or dead);

(h) legal advice 2. Accordingly, on this basis, the principle that Meetings of the Council

should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

CARRIED

The public gallery and staff excluding the Chief Executive Officer and Legal Advisors left the Chamber. Confidential session commenced at 7:27pm Chief Executive Officer declared a conflict of interest as the matter relates to his employment agreement.


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Mr S Dasan and Ms A Green from Norman Waterhouse Lawyers briefed Council on matters related to the Chief Executive Officer’s Employment Agreement. 8:12pm Stephen Kerrigan left the Chambers Moved by Cr B Thom Seconded by Cr A Shackley Motion No: 2011:10:302 That: 1. The Chief Executive Officer – Amended Employment Agreement Report be

received. 2. The application from the Chief Executive Officer for a new contract is noted. 3. Council resolves that Key Performance Targets are to be part of the Chief

Executive Officer Employment Agreement. Councillors will provide Council Lawyers with any additional proposals in the next seven (7) days.

4. Council Lawyers develop suggestions for Key Performance Targets to be circulated prior to a Council meeting in November 2011.

CARRIED Moved by Cr A Shackley Seconded by Cr D Hughes Motion No: 2011:10:303 That an order be made under the provisions of Section 91(7) of the Local Government Act, 1999 that the further written report and discussion of the Council on the subject matter (with the exception of the resolutions which will form part of the public minutes), having been dealt with on a confidential basis under Section 90(3)(a) and (h) of the Act, should be kept confidential for a period of up to twelve (12) months on the grounds that it involves;

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

(h) legal advice. CARRIED

Confidential session concluded at 8:40pm

The public gallery and staff returned to the Chamber. Moved Cr B Thom Seconded Cr D Fraser That a 5 minute break be granted

CARRIED 8:45pm meeting adjourned

8:55pm meeting resumed Mayor Sambell requested the Chief Executive Officer to read out the decision of Council for the benefit of the Gallery.

8:57pm Mr S Dasan and Ms A Green left the meeting.


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8. Notices of Motion Nil

9. Questions on Notice Nil

10. Petitions Nil 11. Corporate & Community Services

Item 11.1 – Monthly Finance Report (September 2011) (CC10/3355)

Moved by Cr B Thom Seconded by Cr K Fischer Motion No: 2011:10:304 That the Monthly Finance Report as at 30 September 2011 be received.

CARRIED

Item 11.2 – 2012/2013 Budget / Business Plan Timetable (CC11/620) Moved by Cr A Shackley Seconded by Cr K Fischer Motion No: 2011:10:305

That the proposed 2012/2013 Budget / Business Plan timetable be endorsed, except that the dates set for December 8 and December 20 be put forward to January 2012 and for 14 February and 28 February be put forward to March 2012 and public consultation be adjusted to match.

CARRIED

9:16pm Paul Horwood left the meeting

Item 11.3 – December 2011 Council Meeting (CC10/549)

Council noted this matter had been decided at the January 2011 Council meeting.

Item 11.4 – Roads to Recovery Program (CC10/2236)

Moved by Cr B Thom Seconded by Cr S Fraser Motion No: 2011:10:306 1. That the Town of Gawler Council calls on the Federal Government

to: 1.1. recognise the successful delivery of the Roads to Recovery

Program by local government since 2000;


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1.2. continue the Roads to Recovery Program on a permanent basis to assist local government meet its responsibilities of providing access for its communities;

1.3. continue the Roads to Recovery Program with the current administrative arrangements; and

1.4. provide an increased level of funding under a future Roads to Recovery Program that recognises the shortfall of funding on local roads of $1.2 billion annually.

2. That the Mayor forward letters to the Prime Minister, Minister for Infrastructure and Transport, Leader of the Opposition and Opposition Transport Spokesman.

CARRIED

12. Governance, Strategy and Economic Sustainability

Item 12.1 – Updating the Australian Constitution (CC10/2062) Moved by Cr D Hughes Seconded by Cr D Fraser Motion No: 2011:10:307 That Council: 1. The Updating the Australian Constitution report be received. 2. Make a submission to the Australian Local Government Association

(ALGA) Expert Panel on the Constitution Recognition of Local Government in accord with recent Council resolutions focusing on financial recognition as the preferred option of Local Government.

CARRIED

13. Infrastructure & Environmental Services

Item 13.1 – Shared Facilities Working Group – Progress Report No 8 (CC10/3204) Moved by Cr B Thom Seconded by Cr K Fischer Motion No: 2011:10:308

That:- 1. Council adopt the Policy – “Sporting Clubs/Associations

Agreement Schedule for Shared Facilities Leases (Exclusive Right of Possession over Buildings & Structures and Licence over Grassed Areas)”.

2. Council commence the public consultation process of the intent for:- 2.1 Gawler Central Sporting Club Inc (Gawler Oval)


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2.2 Karbeethan Sporting Association 2.2.1 Council agree to Karbeethan Sporting Association

paying the lease payments, as calculated under the standard lease with all clubs, or the loan repayment amounts, whichever is the greater. This concessional arrangement is subject to the production every two years of audited financial statements and their demonstration to be responsible in generating revenue to meet their current and future payments. It is also a condition that when these statements are produced, and considered, this concessional arrangement will be reviewed by Council.

2.2.2 Council agree to Karbeethan Sporting Association paying the lights electricity component by applying incrementally as the lease payments over the first four years with the first year being 20%, second year 40%, third year 60%, then full payment from the fourth year thereafter.

2.3 South Gawler Football Club Inc 2.4 Willaston Football Club Inc. 2.5 Council contribute $110 annually, commencing 2011-2012

financial year to Gawler Central Sporting Club Inc., Karbeethan Sporting Association Inc., South Gawler Football Club Inc., Willaston Football Club Inc. to cover the electricity costs associated with the irrigation system for the term of the lease.

entering into a Lease for four (4) years with two (2) rights of renewal of three (3) years, commencing on 1 January 2012.

3. Council commence the public consultation process of the intent for Gawler Central Sporting Club Inc entering into a Licence for one (1) year, for Princes Park commencing on 1 January 2012.

4. Should no objections be received during the public consultation process the Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of council to all relevant documents in order to execute the documents pertaining to:- 4.1 Gawler Central Sporting Club Inc 4.2 Karbeethan Sporting Association 4.3 South Gawler Football Club Inc 4.4 Willaston Football Club

CARRIED UNANAMOUSLY


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Item 13.2 – Land Management Agreement Lot 50 Cameron Street, Gawler (DA 490/17/2011 and DA 490/85/2011)

Moved by Cr K Fischer Seconded by Cr S Fraser Motion No: 2011:10:309 That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to the Land Management Agreement for Lot 50 Cameron Street, Gawler and inclusive of part road closure if it proceeds. Formal Motion Moved: Cr A Shackley Seconded: Cr P Koch That matter be adjourned to clarify the position of Council members of the Development Assessment Panel.

LOST on the casting vote of the Mayor. Cr A Shackley declared an interest as a member of the Development Assessment Panel but not a conflict and left the Council Chamber. Cr P Koch declared an interest as a member of the Development Assessment Panel but not a conflict and left the Council Chamber. 9:38pm Cr A Shackley and Cr P Koch left the Chambers

The motion was voted upon and CARRIED

9:40pm Cr P Koch and Cr A Shackley returned to the Chambers

Item 13.3 – Waiver Clause In Land Management Agreement: 4 Howard Street Gawler (DA 490/110/2011.) Moved by Cr B Thom Seconded by Cr S Fraser Motion No: 2011:10:310 That Council:- 1. Accepts that the finished floor level for a dwelling addition at 4

Howard Street Gawler associated with Development Application 490/110/2011 be identical to the finished floor level of the existing dwelling on the site;

2. Accepts that a single vehicle carport, set-back one metre from Burton Street is appropriate.

Note: This acceptance to waiver these particular clauses of the LMA (finished floor level and building envelope) for 4 Howard Street, Gawler associated with Development Application 490/110/2011 does not constitute a Development Plan consent for the dwelling addition and carport.

CARRIED


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Cr A Shackley called for a Division.

For: Cr B Thom, Cr K Fischer, Cr S Fraser, Cr D Fraser, Mayor Sambell

Against: Cr A Shackley, Cr D Hughes, Cr P Koch, Cr K Redman

Mayor confirmed the motion was CARRIED on the casting of the Mayor

Item 13.4 – Gawler Urban Rivers Master Plan (CC11/500) Moved by Cr B Thom Seconded by Cr S Fraser Motion No: 2011:10:311

That : 1. Council endorse the Draft Gawler Urban Rivers Master Plan as

presented for public consultation. 2. Hard copies of the report be made available at Council venues for

inspection and that CDs be made available for collection to the public at no cost.

CARRIED UNANIMOUSLY

Item 13.5 – Consent to Extinguishment of Easement & Right of Way (DA10/807) Moved by Cr K Hughes Seconded by Cr K Redman Motion No: 2011:10:312 That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to consent for the extinguishment of an easement to ETSA Corporation and a right of way over Certificate of Title Volume 6079 Folio 738.

CARRIED UNANIMOUSLY

14. Progress Report/Project Report For information only.

Moved by Cr B Thom Seconded by Cr Fischer That a 30 minutes extension be granted.

CARRIED


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15. 15.1 SECTION 41 COMMITTEES

15.1.1 Governance, Strategy & Economic Sustainability Committee 4.10.11 Moved by Cr B Thom Seconded by Cr K Fischer Motion No: 2011:10:313 That Council endorse the recommendations (Items 9.1, 9.2 and 9.4 only) from the Governance, Strategy & Economic Sustainability Committee meeting held on 4 October 2011, being:

Item 9.1 – Review of Waste and Recycling Transfer Station (CC10/ 2199)

That: 1. The Review of Waste and Recycling Transfer Station report be

received. 2. Council adopt a reduction in the operating hours for the Waste and

Recycling Transfer Station by 25% commencing 31st December 2011 in accordance with Option 5.2 of the report ‘Town of Gawler Waste and Recycling Transfer Station Report on Review of Operations’

3. Council explore opportunities with Northern Adelaide Waste Management Authority to provide a substitute service for Gawler residents through the proposed Regional Material Resource Recovery and Waste Transfer Station in accordance with Option 5.4 of the report ‘Town of Gawler Waste and Recycling Transfer Station Report on Review of Operations’

4. A tailored consultation plan be developed and implemented by

Council advising Waste Transfer and Recycling Station users of the changes to operations and the reasoning for them.

5. A further report be provided to Council including: 5.1 An update on the proposed Northern Adelaide Waste

Management Authority Regional Resource Recovery and Waste Transfer Station.

5.2. Potential costs to Council if a subsequent service was to be provided by the Northern Adelaide Waste Management Authority Regional Resource Recovery and Waste Transfer Station.

6. If a trend emerges that has a material financial difference on operating costs etc then Council be provided with a prompt report.

Item 9.2 – Council and Committee Meeting Arrangements (CC10/ 549)

That this matter be the subject of a Workshop in November 2011.


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Item 9.4 – Policy Manual Review (CC10/2601)

That: 1. That the Policy Manual Review report be noted.

2. Council endorse Policy Numbers 1.1 and 2.7 of the Town of Gawler

Policy Manual and authorise staff to make minor amendments such as spelling errors, page references and formatting, where appropriate, etc throughout the document;

CARRIED UNANIMOUSLY

Moved by Cr B Thom Seconded by Cr S Fraser Motion No: 2011:10:314 Item 9.3 – Human Resources / Organisational Development Progress and Future Risk (CC11/135) That the Council review their decision to defer appointment of a Human Resources Coordinator.

CARRIED Cr B Thom called for a Division. For: Cr B Thom, Cr S Fraser, Cr D Fraser, Cr K Fischer, Mayor Sambell Against: Cr P Koch, Cr D Hughes, Cr K Redman, Cr A Shackley Mayor confirmed the motion was CARRIED on the casting vote of the Mayor.

16. Elected Members Reports (Delegates or Representatives)

16.1 Cr B Thom Cr Thom provided a written report regarding Trinity College Sporting Hall

of Fame. 16.2 Cr P Koch Cr Koch provided a written report regarding BMX event and Gawler High

School 16.3 Cr K Redman Cr Redman provided a verbal report on the Skate Park and advised the

grant application had been lodged. 16.4 Cr A Shackley Cr Shackley provided a verbal report on the Willaston / Gawler reunion.

10:25pm John McArthur left the meeting.


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Moved by Cr B Thom Seconded by Cr A Shackley Motion No: 2011:10:315 That the Elected Members verbal reports be received and the written Elected Members Reports be received and inserted into the minutes.

CARRIED

16.1 Cr B Thom

Last Friday I represented the Mayor and the Town of Gawler at Trinity College to celebrate the creation of the Trinity Colleges Sporting Hall of Fame. A most enjoyable gathering and the first group of inductees had impressive sporing achievements.

Deputy Mayor Cr Brian Thom 16.2 Cr P Koch

Council Communication, Tuesday the 25th of October 2011. Gawler BMX On Sunday the 16th of October I attended round 3 of the BMX SA State Series 2012, which was hosted by the Gawler BMX Club. It was a big event with over 140 riders, from around SA competing. Each club hosts an event, with state rankings determine after the series. The event saw the use of transponders for the first time at Gawler on each bike. Also the new nomination hut was officially opened by the Mayor. The hut was purchased with funds provided by the Bluelight SA I had an opportunity to talk to Vern Wensely, the current chair of BMXSA. In particular we spoke about the about the hosting of the State Championships in 2014. It appears that the core facilities are to the standard and quality for a Sate Championship. For eaxampe the starting gates and nomination hut are both more than suitable. There will though, need to be some work on realigning part of the track and increasing spectator viewing space etc. Tony Piccolo was also at the event as well and I have a meeting with him next week. We will look at possible avenues, through community groups, contributions etc, for getting some of the upgrades done. There also seems to be a number of community organizations such as Bluelight SA who have indicated they are willing to contribute to the hosting of the Championships. The submission to host the championship in 2014 is due in around ten months. I will work with the Gawler BMX Club on the submission. There are a few things that need to be arranged from the Council side, and I will talk to Council officers about what may be needed.


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Given the level of support at the event, hosting a State Championships would be a great outcome for the Gawler BMX Club and the town. Gawler High School. I attended the School Board meeting on the 17th of October 2011. From the meeting the following issues relevant to Council were raised The car parking issues over the traffic management plan seems to be resolved. Of concern though was the proposed lay of the new Tulloch Road. In particular the inclusion of a traffic island on Barnet Road intersection . This will make Tulloch Road a priority road. The Board is concerned about the flow of traffic south along Barnet Road and the way parents drop off and collect children. There appears that more work will need to be completed on the traffic solutions for the area. Security is a major problem at the school with a number of break-ins and thefts. The school is looking at putting in place security fencing to reduce the problem. Access to open space will be taken into considered when the layout is finalised. The school has been approached to comment on the location of the skate park. Many of their students prefer Goose Island as a good venue. Cr Paul Koch 25th October 2011.

17. Questions Without Notice

17.1 Cr S Fraser asked four (4) questions related to legal costs for the Chief Executive Officer’s Employment Agreement.

The Chief Executive Officer advised a response will be provided to all Elected Members.

18. Motions Without Notice Nil

19. Community Communications

19.1 Cr D Hughes advised he had received a commendation for Council from Mr S Bates for works carried out by Depot staff near his residence recently.

19.2 Mayor Sambell reminded Elected Members the Australia Day Awards

Nominations are closing soon.


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20. Confidential Reports

Item 20.1 – Sale of Part Road Reserve Abutting Lot 50, Cameron Street, Gawler (Confidential) DA490/17/2011 and DA490/85/2011

Moved by Cr B Thom Seconded by Cr K Fischer Motion No: 2011:10:316

That 1. Under the provisions of Section 90(2) of the Local Government Act,

1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, Director Planning and Infrastructure, Executive Assistant and Minute Taker in order to consider Item 20.1 in confidence, under the provisions of Section 90(3)(b)(i)&(ii) of the Act regarding:

(b) 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;

2. Accordingly, on this basis, the principle that Meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

CARRIED

The public gallery left the Chamber. Confidential session commenced at 10:40pm Moved by Cr B Thom Seconded by Cr K Fischer That a 15 minutes extension be granted.

CARRIED 10:45pm Cheryl Douyere left the Chambers 10:46pm Cheryl Douyere returned to the Chambers Moved by Cr B Thom Seconded by Cr K Fischer That a extension be granted to 11:15pm.

CARRIED


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Moved by Cr D Hughes Seconded by Cr P Koch Motion No: 2011:10:318 That an order be made under the provisions of Section 91(7) of the Local Government Act, 1999 that the further written report including the Minutes of the Council relating to discussion of the subject matter, having been dealt with on a confidential basis under Section 90(3)(b)(i)&(ii) of the Act, should be kept confidential for a period of up to one (1) month on the grounds that it involves;

(b) 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


CARRIED Confidential session concluded at 11.17pm The public gallery returned to the Chamber. Mayor Sambell requested the Chief Executive Officer to read out the decision of Council for the benefit of the Gallery.


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Item 20.2 – Revoking of Confidentiality Clauses (CC10/2351) Moved by Cr B Thom Seconded by Cr A Shackley Motion No: 2011:10:319 That 1. Under the provisions of Section 90(2) of the Local Government Act, 1999,

an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, Director Planning & Infrastructure, Executive Assistant and Minute Taker in order to consider Item 20.2 in confidence, under the provisions of Section 90(3)(a), (b), (d), (g), (h), (i) and (m) of the Act regarding information relating to:

(a) information the disclosure of which would involve the unreasonable

disclosure of information concerning the personal affairs of any person (living or dead);

(b) 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; (d) commercial information of a confidential nature (not being a trade

secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial

position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest; (g) matters that must be considered in confidence in order to ensure that

the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

(h) legal advice; (i) information relating to actual litigation, or litigation that the council or

council committee believes on reasonable grounds will take place, involving the council or an employee of the council;

(m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

2. Accordingly, on this basis, the principle that Meetings of the Council

should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

CARRIED


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The public gallery left the Chamber. Confidential session commenced at 11:20pm Moved by Cr K Fischer Seconded by Cr S Fraser Motion No: 2011:10:320 That: 1. Council notes the content of the Revoking of Confidential Clauses report. 2. Following confidential minutes listed in 2.1 are now public, the minutes be

inserted into the public minute books:

2010/2011

2.1 Code of Conduct – Cr P Russell 2010:08:237, 238, 239 (10/08/10) 2010:09:302, 303, 304 (28/09/10)

3. That the following confidential minutes have been reviewed and Council believe they should be kept confidential. An order be made under the provisions of Section 91(7) of the Local Government Act, 1999 that the following matters including the reports, agenda and minutes of the Council and Committee meetings relating to discussion of the subject matter, having been dealt with on a confidential basis under 90(3) of the Act, should be kept confidential as follows: 2007/2008

3.1 Flood Risk Mapping IES:2008:04:038 (08/04/2008) 2008:04:119(a) and (b) (22/04/2008) Review prior to May 2012 90(3)(m) information relating to a proposed amendment to a

Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

2008/2009 3.2 Comparison of CEO and Director Agreements

2009:03:03, 04, 05, 06, 07, 08 (PMP 31/03/2009) 2009:06:244, 245 (30/06/2009) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the

unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

3.3 Performance Management Panel

2009:04:137, 138, 139 (28/04/2009) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the

unreasonable disclosure of information concerning the


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personal affairs of any person (living or dead);

3.4 Floodplain Mapping – Development Policy IES:2009:04:035, 036 (IES 14/04/2009) Review prior to May 2012 90(3)(m) information relating to a proposed amendment to a


2009/2010

3.5 Comparison of CEO and Director Agreements

PMP:2009:07:011, 012 (07/07/09) Review prior to May 2012

90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

3.6 Performance Review – DCCS



3.7 Performance Review – DAS

PMP:2009:07:017, 018 (07/07/09) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the


3.8 Performance Review – DDSP



3.9 PMP – 7 July 2009



3.10 Gawler East & Environs New Urban Area Commitment Deed

2009:08:274, 275, 276 (18/08/09) Review prior to May 2012

90(3)(h) legal advice;


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3.11 Greyhound Racing 2009:08:305, 306 (25/08/09) Review prior to May 2012

90(3)(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which—

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and


3.12 Flood Prone Area DPA 2009:09:325, 326 (22/09/09) Review prior to May 2012 2010:02:048, 049 (24/02/10)

90(3)(m) information relating to a proposed amendment to a


3.13 Review of CEO Employment Agreement

PMP:2009:12:023, 024 (01/12/09) Review prior to May 2012 2009:12:443 444 (15/12/09) 90(3)(a) information the disclosure of which would involve the



3.14 Review of Director Agreements PMP:2009:12:025, 026 (01/12/09) Review prior to May 2012

90(3)(a) information the disclosure of which would involve the



3.15 Hillier Development Plan Amendment (formerly Jack Cooper Drive, Evanston Gardens DPA 2010:02:050, 051 (24/02/10) Review prior to May 2012

90(3)(d) commercial information of a confidential nature (not being

a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the

commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest; 90(3)(m) information relating to a proposed amendment to a



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3.16 Gawler Racecourse – DPA

2010:05:143, 144 (25/05/10) Review prior to May 2012 90(3)(h) legal advice; 90(3)(i) information relating to actual litigation, or litigation that the

council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council;

2010/2011

3.17 Gawler Racecourse DPA 2010:07:176, 177 (06/07/10) Review prior to May 2012 2010:10:325, 326 (26/10/10) 2010:11:353, 354 (29/11/10) 2011:03:077, 078 (08/03/11) 2011:05:151, 152, 153 (31/05/11) 2011:06:157, 158, 159 (14/06/11) 90(3)(h) legal advice; 90(3)(i) information relating to actual litigation, or litigation that the

council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council;

3.18 Flood Prone Areas DPA – Draft Development Plan Amendment

2010:08:219, 220 (03/08/10) Review prior to May 2012

90(3)(m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

3.19 Gawler East & Environs Development Status Reports

2010:08:234 (No. 3) (10/08/10) Review prior to May 2012

90(3)(b) 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



3.20 Hillier Development Plan Amendment (formerly Jack Cooper Drive, Evanston Gardens DPA) 2010:08:276, 277 (24/08/10) IES:2011:02:012 (08/02/11) 2011:02:069, 070 (22/02/11) Review prior to May 2012


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90(3)(d) commercial information of a confidential nature (not being

a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the

commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest; 90(3)(m) information relating to a proposed amendment to a


3.21 Gawler Growth & Urban Development – Status Report

2010:09:280, 281 [Items 10-14 only] (01/09/10) Review prior to May 2012

90(3)(b) 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


90(3)(h) legal advice; 3.22 Trevor Bellchambers Community Swimming Centre – Expression of

Interest 2010:12:407, 408 (21/12/10) 2010:12:409 (23/12/10) Review prior to May 2012 90(3)(b) information the disclosure of which—



3.23 LMA Lot 45 Paterson Tce, Gawler 2011:01:28, 29, 30, 31 (25/01/11) 2011:05:144, 145, 146 (24/05/11) Review prior to May 2012


3.24 CEO Performance Survey Results

PMP:2011:02:002, 003, 004 (15/02/11) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the



312

…………………… …………… Chair Date

3.25 CEO Key Performance Objective 2011/12

PMP:2011:02:005, 006 (15/02/11) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the


3.26 CEO – Review of Package

PMP:2011:02:008, 009, 010 (15/02/11) 2011:02:074, 075 (22/02/11) PMP:2011:02:013, 014, 015 (28/02/11) PMP:2011:05:017, 018, 019 (05/05/11) Review prior to May 2012



3.27 Conduct of Council Employee – Conf Investigation

2011:03:098, 099, 100 (22/03/11) Review prior to May 2012


90(3)(g) matters that must be considered in confidence in order to

ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

3.28 2009 Performance Review – DDSP

PMP:2011:05:023, 024, 025 (05/05/11) Review prior to May 2012


3.29 2009 Performance Review – DAS



3.30 2009 Performance Review – DCCS



3.31 CEO – Review of Employment Agreement



313

…………………… …………… Chair Date



2011/2012

3.32 Gawler East Traffic Interventions – Council Financial Contributions 2011:07:223, 224, 225 (26/07/11) 2011:09:255, 256 (06/09/11) Review prior to September 2012 90(3)(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which—

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and


3.33 CEO – Review of survey & PD PMP:2011:08:038, 039, 040 (01/08/11) Review prior to May 2012 90(3)(a) information the disclosure of which would involve the


3.34 CEO – Review of Employment Agreement



3.35 CEO – Review of Package



3.36 Performance Management Panel – 1 August 2011 2011:09:263, 264, 265, 266(06/09/11) Review prior to September 2012 90(3)(a) information the disclosure of which would involve the


3.37 Ombudsman’s Report

2011:09:258, 259 (06/09/11) Review prior to September 2012 90(3)(h) legal advice;


314

…………………… …………… Chair Date

3.38 Sale of Part Road Reserve Abutting Lot 50 Cameron St Gawler 2011:09:293, 294, 295 (27/09/11) Review prior to September 2012

90(3)(b) information the disclosure of which—



4. The Chief Executive Officer be authorised to revoke an order made when

and if applicable; and 5. The Chief Executive Officer advise the Council of the revocation of these

orders at the first Council meeting after such revocation has occurred.

CARRIED Moved by Cr K Fischer Seconded by Cr D Hughes Motion No: 2011:10:321 That Council having reviewed the need to keep the further written report including the discussion and minutes confidential, now considers the October 2011 ‘Revoking of Confidential Clauses’ report need no longer be kept in confidence (excluding legal advice).

CARRIED Confidential session concluded at 11:30pm

21. Closure Meeting closed at 11.30pm

22. Next Ordinary Meeting - Tuesday, 22 November 2011 commencing 7pm.

town of gawler...oct 25, 2011 · town of gawler . minutes of council meeting . held 25 october...

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