Council Meeting Minutes - burnside.sa.gov.au · 7/9/2019 · A Hot Mix surface is generally a non-porous waterproof membrane, allowing stormwater to drain away thereby contributing

Council Minutes 9 July 2019

Council Meeting Minutes

9 July 2019 | Meeting commenced at 7.00 pm Council Chamber

401 Greenhill Road, Tusmore

Members Present: Mayor Monceaux Councillors Davis, Piggott, Davey, Cornish, Henschke, Jones, Turnbull, Carbone, Lemon

Staff Present: Martin Cooper, A/Chief Executive Officer Michelle Kennedy – A/General Manager, Urban and Community Matthew Spearman – A/General Manager, Corporate and Development

The Mayor delivered the traditional acknowledgement of Country and formally paid respect to the original custodians of the land.

The Mayor acknowledged those who gave their lives for this Country.

The Mayor read the opening prayer.

The Mayor advised of the relevant legislation and offences that address behaviour that disrupts a Council Meeting.

Evacuation Procedure

The Mayor read the evacuation procedure.

Recording of Council Meetings

The Mayor advised that the Council Meeting is recorded and live streamed.

Apologies

Councillor Huebl

Leave of Absence

Councillors Daws and Hughes

[These minutes are unconfirmed until 23/7/2019]

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Confirmation of Minutes Recommendation C12054 That the minutes of the Ordinary Meeting of Council held on 25 June 2019 be taken as read and confirmed.

Moved Councillor Davis, Seconded Councillor Cornish CARRIED UNANIMOUSLY Deputations Nil Petitions Nil Public Question Time The Mayor invited public questions from those present in the gallery in accordance with the established rules. A summary of each member of the public, their topic, question and response is provided below. 1. Mr Tim Jordan, Kensington Park

‘…just a quick progress report on couple of issues ratepayers have asked me –, one Magill Village, how is it going, is it likely to be completed…also Regal Theatre?’ The Administration advised that in regard to the Regal Theatre the foyer has recently been repainted in addition to a carpet upgrade. Heritage consultants have also been engaged. (Reference provided to Conservation Management Plan) In regard to Magill Village the Chamber was provided with an update on undergrounding works and advised that the State Government had provided approval for the concept design. Discussion also ensued in regards to the Smart Cities Technology in place at both Magill Village and Hazelwood Park; noting that data from the project was being generated for suitable analysis.

Questions on Notice 9.1 Use of Hot Mix

Councillor Davey asked the following Questions on Notice: 1. What is Hot Mix comprised of?

Hot Mix is a name for asphalt or asphaltic concrete which is applied as a hot product (as opposed to cold mix asphalt, for example, which is applied cold). This asphalt is essentially a mix of aggregates (stones), fillers and bitumen – the bitumen serves as a binder to “glue” the mixture together. Hot Mix may also contain additives, such as crumbed rubber or various polymers, depending on the properties required for a given application (i.e. a stiffer, polymer modified mix is usually used to prevent rutting around

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roundabouts). It may also contain a percentage of recycled asphalt product (RAP).

2. For what purposes is Hot Mix used within City of Burnside?

Hot Mix asphalt is primarily used for resurfacing roads in the City of Burnside. It was historically used for construction of footpaths (which has since been replaced by pavers). It is also still used in repairing existing asphalt footpaths, for some driveway crossovers and for minor maintenance / operational purposes (i.e. localised deflection of stormwater).

3. Is this an environmentally sound product, particularly in relation to any effects

on WSUD, trees and vegetation?

Hot Mix is not considered to be a dangerous or toxic substance, even though bitumen itself is a complex hydrocarbon. In particular, it is not classified as: • Hazardous according to the Globally Harmonised System of Classification

and labelling of Chemicals including Work, Health and Safety regulations, Australia; or

• Dangerous Goods according to the Australian Code for the Transport of Dangerous Goods by Road and Rail (7th edition).

A Hot Mix surface is generally a non-porous waterproof membrane, allowing stormwater to drain away thereby contributing to the long-term durability of road bases. When undertaking an asphalt resurfacing or footpath project near trees, Australian Standard 4970-2009 Protection of Trees on Development Sites is applied. Hot Mix asphalt supplied by Council’s road resurfacing contractor for use in the City of Burnside incorporates around 10 per cent recycled material. Water sensitive urban design (WSUD) is an approach to urban planning and design that integrates the management of the total water cycle into the design and development process. As such, any number of materials (including asphalt) could be used in line with this approach; the material selection and design would be entirely dependent on the given situation on a case by case basis.

4. Does it have any effect on the local water table?

No 5. Are there alternative products or methods that could be used in COB?

Road surfaces made of concrete and pavers have been trialled nationally and internationally. However these do not appear to offer the same overall level of noise suppression, strength, durability or vehicle safety as asphalt nor are they as easily maintained or as cost effective. There is some potential to trial some alternate asphalt surfaces (with different recycled content, for example) in lower volume roads in order to ascertain how they perform and their durability and practicality. There would also be financial considerations. Low volume, low speed areas, such as car parks, are already considered in terms of potential alternate treatments, including permeable paving – this is currently assessed on a case-by-case basis and undertaken where it is viable and where the benefit outweighs the significant cost difference.

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9.1 Recycling of City of Burnside Waste

Councillor Davey asked the following Questions on Notice at the meeting held on 11 June 2019. At the time of preparing the responses the Administration was waiting on external information to respond to question 2. As the information has now been received the response has been provided to be included with the minutes of this date. 1. Where does all waste collected from City Of Burnside Yellow Lid bins –

particularly paper, cardboard, glass and plastics – end up as part of the recycling process managed by East Waste? Answer provided in 11 June 2019 minutes.

2. Is any of this waste – particularly plastics products waste – sent to any Asian or third world country for sorting, processing or disposal? If so to which country and for what purpose? Northern Adelaide Waste Management Authority (NAWMA) only sells material internationally through legitimate traders to legitimate processors; the material can be traced back to its origins if required. This could include Asian or ‘third world countries’ providing this criteria is met and satisfied.

Motions on Notice Interim Acting Chief Executive Officer Process – Councillor Piggott (10.1) Motion C12055 That Council, as of 9 July 2019, no longer requires the CEO Recruitment, Performance Appraisal and Remuneration Review Committee to appoint an Interim Acting CEO; in order to focus its efforts on the recruitment and appointment of the CEO position (permanent basis).

Moved Councillor Piggott, Seconded Councillor Davey CARRIED Recruitment and Selection of Chief Executive Officer – Councillor Piggott (10.2) Motion C12056 1. That the CEO Recruitment Performance Appraisal and Remuneration Review

Committee present an intended plan and timetable for the recruitment and selection process for the position of Chief Executive Officer to the 23 July 2019 Council meeting.

2. The plan is to include, but not be limited to, mechanisms of input to and approval of

key requirements of the position by Council, regular updates to Council, proposed recruitment methodologies / scope and key timeframes, with a view to completion of the recruitment process by 30 September 2019.

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3. That the plan presented on the 23 July 2019 be approved by Council, given that Council, under legislation, makes the appointment to the office of Chief Executive Officer.

Moved Councillor Piggott, Seconded Councillor Davey CARRIED A Division was called by Councillor Davey.

IN FAVOUR Councillor Davis Councillor Piggott Councillor Davey Councillor Cornish Councillor Jones Councillor Carbone Councillor Lemon

AGAINST Councillor Henschke Councillor Turnbull

The Division resulted in the Motion being CARRIED Additional Members to the CEO Recruitment Performance Appraisal and Remuneration Committee – Councillor Piggott (10.3) This item was withdrawn by Councillor Piggott. Alexandra Avenue Plantation Anniversary (10.4) Motion That the City of Burnside plan an event and seek funding/sponsorship for the 100 year anniversary of the Alexandra Avenue Plantation which occurs on 19 July 2019.

Moved Councillor Henschke, Seconded Councillor Cornish Amended Motion C12057 1. That the City of Burnside plan two suitable events and seek funding/sponsorship for

the 100 year anniversary of the Alexandra Avenue Plantation, including an event on the 19 July 2019 being the anniversary date and a more significant event on or around 11 November 2019.

2. That a report be presented to Council in respect to the November event.

Moved Councillor Piggott, Seconded Councillor Carbone CARRIED UNANIMOUSLY The amended motion became the motion and was CARRIED UNANIMOUSLY Questions without Notice Nil Motions without Notice Nil 5


Reports of Officers Chief Executive Officer Report – June 2019 (13.1) Motion 1. That the Interim A/CEO report be received 2. That the development of the next 10 year Strategic Plan, be put on hold until the

permanent appointment of a new Chief Executive Officer (CEO).

Moved Councillor Henschke, Seconded Councillor Turnbull LOST Motion C12058 That the Report be received.

Moved Councillor Davis, Seconded Councillor Davey CARRIED UNANIMOUSLY Review of Delegations – Eastern Health Authority (13.2) Motion C12059 1. That the Report be received.

2. That having conducted its annual review of the Council’s Delegations to the Eastern Health Authority (EHA) in accordance with Section 44 of the Local Government Act 1999, the Council:

2.1 Revocations

2.1.1 Hereby revokes its previous delegations to the EHA of those powers and functions under the following:

2.1.1.1 Environment Protection Act 1993;

2.1.1.2 Expiation of Offences Act 1996;

2.1.1.3 Housing Improvement Act 1940;

2.1.1.4 Local Government Act 1999;

2.1.1.5 South Australian Public Health Act 2011 along with the South Australian Public Health (Legionella) Regulations 2013, the South Australian Public Health (Wastewater) Regulations 2013 and South Australian Public Health (Fees) Regulations 2018;

2.1.1.6 Supported Residential Facilities Act 1992 and Supported Residential Facilities Regulation 2009; and

2.1.1.7 Safe Drinking Water Act 2011,

with effect from 18 September 2019.

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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 1- 5 of the Report dated 9 July 2019 and entitled Review of Delegations – Eastern Health Authority (each of which is individually identified as indicated below) are hereby delegated this 9 July 2019 to EHA with effect from 18 September 2019 subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.2.1.1 Environment Protection Act 1993 (Appendix 1);

2.2.1.2 Expiation of Offences Act 1996 (Appendix 2);

2.2.1.3 Local Government Act 1999 (Appendix 3);

2.2.1.4 Safe Drinking Water Act 2011 (Appendix 4);

2.2.1.5 South Australian Public Health Act 2011 along with the South Australian Public Health (Legionella) Regulations 2013, South Australian Public Health (Wastewater) Regulations 2013, the South Australian Public Health (General) Regulations 2013 and the South Australian Public Health (Fees) Regulations 2018 (Appendix 5); and

2.2.1.6 Fines Enforcement and Debt Recovery Act 2017 (Appendix 6)

2.2.2 Such powers and functions may be further delegated by EHA in accordance with Section 44 of the Local Government Act 1999 as EHA sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

2.3. Delegations under Supported Residential Facilities Act 1992

2.3.1 In exercise of the power contained in Section 9 of the Supported Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 and the Supported Residential Facilities Regulations 2009 specified in the proposed Instrument of Delegation contained in Appendix 7 to the Report dated 9 July 2019 and entitled Review of Delegations – Eastern Health Authority are hereby delegated this 9 July 2019 to EHA with effect from 18 September 2019 subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

2.3.2 Such powers and functions may be further delegated by EHA as EHA sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992 and Supported Residential Facilities Regulation 2009.

2.4. Enforcement Agency under the Food Act 2001 7


2.4.1 The Council acknowledges that:

2.4.1.1 EHA has been established as a regulatory subsidiary and is thereby prescribed, pursuant to Section 4 of the Food Act 2001 and in accordance with Regulation 4(1) of the Food Regulations 2002, as an enforcement agency for the purposes of the Food Act 2001; and

2.4.1.2 EHA is completely responsible for the operation and enforcement of the Food Act 2001 within the area of the City of Burnside.

2.4.2 The Chief Executive Officer of EHA, as the person designated by the Constituent Councils of EHA as the principal officer of EHA, is, pursuant to Regulation 5 of the Food Regulations 2002, prescribed as the head of an enforcement agency for the purposes of the Food Act 2001.

Moved Councillor Cornish, Seconded Councillor Davis CARRIED UNANIMOUSLY City of Burnside Heritage Policy (13.3) Motion C12060 1. That the Report be received.

2. That Council adopt the City of Burnside Heritage Policy.

3. That Council establish a Heritage Reference Group to identify key heritage matters of relevance to Council.

4. That Council Administration brings a report to Council with regard to establishing a Heritage Reference Group to address heritage policy matters.

5. That the report proposes options, but is not limited to, the following:

5.1 Composition

5.2 Frequency and duration of elected member involvement

5.3 Objectives

5.4 Feedback to Council - how and when

5.5 Financial implications

5.6 Role of Council Administration

6. That the report be brought to Council in September 2019.

Moved Councillor Lemon, Seconded Councillor Henschke CARRIED UNANIMOUSLY

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Dulwich Village Precinct Master Plan Feasibility Study (13.4) Motion 1. That the Report be received.

2. That the businesses in the Dulwich Village be surveyed, within the next 12 months, to ascertain their desire for a masterplan being developed for the Dulwich Village.

3. That a report of the outcomes of the survey be presented to Council.

Moved Councillor Cornish, Seconded Councillor Henschke As mover of the motion Councillor Cornish, with the consent of Councillor Henschke as seconder, sought leave of the meeting to allow for two variations to the motion being considered. Leave was granted. C12061 1. That the Report be received.

2. That the businesses in the Dulwich Village be surveyed, within the next 6 months, to ascertain their desire for a masterplan / issues / opportunities report being developed for the Dulwich Village.

3. That a report of the outcomes of the survey be presented to Council.

Moved Councillor Cornish, Seconded Councillor Henschke CARRIED UNANIMOUSLY Adjournment of Meeting C12062 That the Council Meeting be adjourned for a refreshment break of 10

minutes.

Moved Councillor Davis, Seconded Councillor Henschke CARRIED The meeting resumed at 9.10pm. Deed of Variation to Existing Aged Care Funding Agreement with the Australian Government (13.5) Motion C12063 1. That the Report be received.

2. That the Mayor and the Chief Executive Officer be authorised to sign and affix the Common Seal to the Deed of Variation in relation to Agreement ID 4-7RLCZV5.

Moved Councillor Piggott, Seconded Councillor Cornish CARRIED

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Kensington Gardens Reserve South-East Corner Redevelopment – Prudential Report and Project Plan (13.6) Motion C12064 1. That the Report be received.

2. That Council receives the Prudential Report for the Kensington Gardens Reserve south-east corner redevelopment.

3. That Council adopt the Project Plan for the Kensington Gardens Reserve south-east corner redevelopment project, and commence work in the 2019/20 Financial Year, in accordance with the schedule identified in the Project Plan.

4. That regular project updates be presented to Elected Members, with respect to project progression, budget and scope.

5. That the Administration continue to investigate additional funding and expenditure off-set opportunities to assist Council in minimising the overall cost of the project.

Moved Councillor Davis, Seconded Councillor Cornish CARRIED UNANIMOUSLY Subsidiaries, Regional Subsidiaries and other Organisations/Entities Eastern Waste Management Authority (14.1) East Waste Board Meeting Minutes – 20 June 2019 Recommendation C12065 That the minutes from the East Waste Board meeting held 20 June 2019 be received. Moved Councillor Cornish, Seconded Councillor Piggott CARRIED UNANIMOUSLY Eastern Health Authority (14.2) Nil Highbury Landfill Authority (14.3) Nil ERA Water (14.4) ERA Water Board Meeting Agenda – 28 June 2019 (14.4.1) Recommendation C12066 That the agenda and papers from the ERA Water Board Meeting held 28 June 2019 be received. 10


Moved Councillor Cornish, Seconded Councillor Jones CARRIED UNANIMOUSLY Report from Independent Board Member – 28 June 2019 Recommendation C12067 That the report from Mr Geoff Vogt from the meeting held 28 June 2019 be received. That Council write to Mr Geoff Vogt as representative on the ERA Water Board to thank for services to Council over the last two years. Moved Councillor Jones, Seconded Councillor Cornish CARRIED UNANIMOUSLY Eastern Region Alliance (14.5) Nil Councillor Jones left the Chamber at 9.40pm and returned and resumed his seat at 9.41pm. Mayor’s Report Recommendation C12068 That the Mayor’s Report be received.

Moved Councillor Cornish, Seconded Councillor Davey CARRIED UNANIMOUSLY Reports of Members, Delegates and Working Parties Councillor Piggott attended the Special Board Meeting of East Waste on 1 July 2019. Councillor Davis met with staff to discuss the proposal relating to Kensington Gardens Reserve. Councillor Carbone attended the Cedar Woods opening of the new Glenside Estate. Councillor Davey attended the Laurel Avenue Linden Park Workshop on 27 June and the Awards Ceremony in the Ballroom on 5 July 2019. Councillor Turnbull: Attended CAP Meeting on 2/7/2019 Attended City of Burnside Awards night on 5/7/2019 Attended Council Meeting on 9/7/2019. Councillor Lemon attended: Thursday 20 June - Biodiversity workshop Thursday 27 June - Laurel Avenue workshop Monday 1 July - CEO meeting Friday 5 July - City of Burnside Awards Ceremony Councillor Henschke: Engaged with residents and Administration on:

- Heritage plaques for homes

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- 100th Anniversary of State Heritage Alexandra Ave Plantation/War Memorial Avenue

Letterboxed 700 residents in Rose Park to raise awareness on threat of heritage protection for Contributory Items Joined and attended meetings of Community Alliance Briefing with CEO of National Trust on Heritage campaign Attended and opened the Probus Schools debating competition for Mayor and apologies from Cr Sarah Hughes Meeting with Cr Daws and staff on Asset Management plans Attended Elected Members workshops Attended Audit committee meeting Attended Council Assessment Panel Meeting Council Correspondence Nil Other Business The Mayor accepted a Motion without Notice from Councillor Cornish. Motion C12069 That Council notes the following correspondence received by Councillor Cornish through text message: Dear Mayor and Councillors of Burnside, Thank you and your staff for setting up the Burnside Photo Competition, for the Mayor and the photographer judging the competition and giving out prizes. I was delighted to win the 13-18 year old category with my photo titled ‘Catapult’. Thank you to the council for these opportunities for young people. Stuart Vass Moved Councillor Cornish, Seconded Councillor Turnbull CARRIED UNANIMOUSLY

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Confidential Items Kensington Gardens Reserve South-East Corner Redevelopment – (Prudential Report and Project Plan) (19.1) C12070 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except the Elected Members of the City of Burnside, the A/Chief Executive Officer, the A/General Manager Corporate and Development, the A/General Manager Urban and Community, the Governance Officer, the Principal Executive Officer, the Strategic Projects and Planning Manager and the A/Group Manager, People and Innovation, be excluded from attendance at the meeting for Item 19.1 ‘Kensington Gardens Reserve South-East Corner Redevelopment – (Prudential Report And Project Plan’. The Council is satisfied that, pursuant to section 90(3)(d) of the Act, the information to be considered, received and discussed is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person or corporation which supplied the information or confer a commercial advantage on a third party, and to do so would be contrary to the public interest, pursuant to section 90(3)(d) of the Act. In addition the Council is satisfied that the information to be received contains information relating to tenders for the provision of services or the carrying out of works for the Council pursuant to section 90(3)(k) of the Local Government Act 1999. Further, the principle that the meeting should be conducted in a place open to the public has been outweighed in the circumstances because of the public interest generally in maintaining confidentiality in the tender process. In addition the Council needs to maintain confidentiality in this point in time as it would face a commercial disadvantage if the cost information contained were made public with the commercial position of Council being prejudiced. Moved Councillor Piggott, Seconded Councillor Cornish CARRIED UNANIMOUSLY Motion C12071 That the Prudential Report and Financial Information provided in relation to the Kensington Gardens Reserve South-East Corner Redevelopment be received. Moved Councillor Davis, Seconded Councillor Piggott CARRIED UNANIMOUSLY

Confidentiality Recommendation

C12072

1. That pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

1.1 attachments B and D remain confidential on the basis that:

1.1.1 it contains commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person or corporation which supplied the information or confer a commercial advantage on a third party, and to do so would be contrary to the public interest, pursuant to section 90(3)(d) of the Act; and

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1.1.2 it contains information relating to tenders for the provision of services or the carrying out of works for the Council pursuant to section 90(3)(k) of the Local Government Act 1999;

1.2 attachments B and D will not be available for public inspection for the period of 12 months at which time this order will be revoked/reviewed by the Council.

2. That for the items named in clause 1 and associated sub clauses, unless:

2.1 the period in respect of any order made under Section 91(7) of the Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under Section 91(7) of the Local Government Act 1999; or

2.3 the Chief Executive Officer determines pursuant to delegated authority that the order be revoked;

any discussions of Council on the matter and any recording of those discussions are to be treated as confidential.

3. This order is subject to Section 91(8)(b) of the Act which provides that details of the identity of the successful tenderer must be released once Council has made a selection. In addition, Section 91(8)(ba) of the Act requires details of the amount(s) payable by the Council under a contract for the provision of services must be released once the contract has been entered into by all concerned parties.

Moved Councillor Cornish, Seconded Councillor Davis CARRIED Extension of Time C12073 That the meeting time is extended until 10.30pm if required in order to discuss

remaining agenda items.

Moved Councillor Davis, Seconded Councillor Turnbull CARRIED Acting Chief Executive Officer Remuneration (19.2) C12074 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except the Elected Members of the City of Burnside, the A/Chief Executive Officer, the A/General Manager Corporate and Development, the A/General Manager Urban and Community, the Governance Officer, the Principal Executive Officer and the A/Group Manager, People and Innovation on the basis that it will receive and consider Item 19.2 ‘Acting Chief Executive Officer Remuneration’. The Council is satisfied, pursuant to section 90(3)(a) of the Act, that the information to be received, discussed or considered in relation to this Agenda Item is information that would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). The information concerns remuneration matters of the current incumbent of the position and personal information, including their personal attributes, and the proposed remuneration of the A/Chief Executive Officer, and the release of such information is unreasonable at this point in time. Further, the principle that the meeting should be conducted in a place open to the public has been outweighed in the circumstances because of the public interest in maintaining the confidentiality of the personal affairs of these persons.

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Moved Councillor Davis, Seconded Councillor Davey CARRIED UNANIMOUSLY Motion C12075 That Council approve a payment of an additional $20k per annum, proportional to the period of the acting role, and backdated to the date of commencement, of the current / substantive amount of the CEO salary allocation be paid to the Acting CEO as a result of temporarily acting in the CEO position and undertaking the duties and responsibilities of the function and office holder. Moved Councillor Davis, Seconded Councillor Cornish CARRIED UNANIMOUSLY Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee– 20 June 2019 and 1 July 2019 (19.3) C12076 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except the Elected Members of the City of Burnside, the A/Chief Executive Officer, the A/General Manager Corporate and Development, the A/General Manager Urban and Community, the Governance Officer, the Principal Executive Officer and the A/Group Manager, People and Innovation on the basis that it will receive and consider Item 19.3 ‘Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee– 20 June 2019 And 1 July 2019’. The Council is satisfied, pursuant to section 90(3)(a) of the Act, that the information to be received, discussed or considered in relation to this Agenda Item is information that would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). The information concerns remuneration matters of the current incumbent of the position and personal information, including their personal attributes, and the proposed remuneration of the A/Chief Executive Officer, and the release of such information is unreasonable at this point in time. The Council is also satisfied that the minutes and documents relating to this Agenda item relate to information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is proposing to conduct business with, or to prejudice the commercial position of the council and furthermore the Council is satisfied that, pursuant to section 90(3)(b) and (k) of the Act, the information relates to tenders for the provision of services to the Council. Further, the principle that the meeting should be conducted in a place open to the public has been outweighed in the circumstances because of the public interest in maintaining the confidentiality of the personal affairs of these persons. The principle that the meeting be conducted in a place open to the public has also been outweighed in these circumstances because the disclosure of this information could reasonably be expected to be used by market competitors to achieve an advantage over the tenderers supplying the information and because it relates to a tender for services to the Council, which tender has not yet been awarded. Moved Councillor Cornish, Seconded Councillor Lemon CARRIED

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Motion C12077 Confidential Resolution

Confidentiality Recommendation

C12078

1. That, having considered the matter Item 19.3 ‘Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee– 20 June 2019 and 1 July 2019’ in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

1.1 the minutes and documents relating to this agenda item remain confidential on the basis that the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) pursuant to Section 90(3)(a) of the Local Government Act 1999 as the information relates to a recruitment process; and

1.2 the minutes and documents relating to this Agenda item remain confidential on the basis that the information to be received, discussed or considered in relation to this Agenda is information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is proposing to conduct business with, or to prejudice the commercial position of the council and furthermore the Committee is satisfied that pursuant to section 90(3)(b) and (k) of the Act the information relates to tenders for the provision of services to the Council.

1.4 the report, minutes and attachments will not be available for public inspection for the period of five years at which time this order will be reviewed by the Council; and

1.5 this confidentiality order will be reviewed by the Council at least once in every 12 month period.

2. That for the item named in clause 1 and associated sub clauses, unless:

2.1 the period in respect of any order made under Section 91(7) of the Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under Section 91(7) of the Local Government Act 1999; or

2.3 the CEO determines pursuant to delegated authority that the order be revoked;

any discussions of the Council on the matter and any recording of those discussions are also confidential.

Moved Councillor Davis, Seconded Councillor Cornish CARRIED UNANIMOUSLY Closure The meeting concluded at 10.14pm.

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Minutes confirmed this day of 2019

Mayor / Presiding Member

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Documents

Council Meeting Minutes - burnside.sa.gov.au · 7/9/2019 · A Hot Mix surface is generally a non-porous waterproof membrane, allowing stormwater to drain away thereby contributing