minutes special council meeting 19 october 2011 · 2016-01-12 · 19.10.2011 special council...

MINUTES

SPECIAL COUNCIL MEETING

19 OCTOBER 2011

I certify that the minutes of the meeting of the Special Council

Meeting held 19 October 2011 Folios SC1 to SC37 (including Attachment 1) were confirmed on 8 November 2011.

________________________ Presiding Person

19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011

SC1 OCTOBER 2011

MINUTES

SPECIAL COUNCIL MEETING

19 OCTOBER 2011

ATTENTION/DISCLAIMER

These minutes are subject to confirmation.

In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer, relates to a meeting or a part of a meeting that is likely to be closed to members of the public.

No responsibility whatsoever is implied or accepted by the Shire of Mundaring for any act, omission, statement or intimation occurring during Council or Committee meetings.

The Shire of Mundaring disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Mundaring during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Mundaring.

The Shire of Mundaring advises that anyone who has any application lodged with the Shire of Mundaring must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Mundaring in respect of the application.

The Shire of Mundaring advises that any plans or documents contained within these minutes may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.

CONTENTS


SC2 OCTOBER 2011

1.0 OPENING PROCEDURES 4

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 4

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION 5

3.0 PUBLIC QUESTION TIME 5

4.0 DISCLOSURES OF INTERESTS 5

4.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ........................ 5

4.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY .......................................... 5

5.0 REPORTS OF OFFICERS 6

5.1 APPOINTMENT OF COUNCIL MEMBERS TO THE EASTERN METROPOLITAN

REGIONAL COUNCIL ...................................................................................... 6

C1.10.11 ........................ 8

5.2 APPOINTMENT OF COUNCIL MEMBERS, DELEGATES, LIAISON MEMBERS TO

OTHER COMMITTEES .................................................................................... 9

C2.10.11 ...................... 11

5.3 GRANTS SELECTION OCCASIONAL COMMITTEE .................................................13

C3.10.11 ...................... 15

5.4 SHIRE OF MUNDARING TENNIS COURT ADVISORY COMMITTEE MEMBERSHIP .........16

C4.10.11 ...................... 18

5.5 MOUNT HELENA AQUATIC CENTRE AND RECREATION CENTRE ADVISORY

COMMITTEE MEMBERSHIP ............................................................................19

C5.10.11 ...................... 21

5.6 APPOINTMENT OF MEMBERS TO THE ENVIRONMENTAL ADVISORY COMMITTEE .......22

C6.10.11 ...................... 24

5.7 APPOINTMENT OF MEMBERS TO THE BUSH FIRE ADVISORY COMMITTEE

(BFAC) .....................................................................................................25

C7.10.11 ...................... 27

5.8 APPOINTMENT OF MEMBERS TO THE LOCAL EMERGENCY MANAGEMENT

COMMITTEE (LEMC) MEMBERS .....................................................................28

C8.10.11 ...................... 30

5.9 APPOINTMENT OF COMMITTEE MEMBERS TO THE CEO PERFORMANCE

REVIEW OCCASIONAL COMMITTEE .................................................................31

C9.10.11 ...................... 33

5.10 AUDIT OCCASIONAL COMMITTEE MEMBERSHIP .................................................34

C10.10.11 .................... 36

6.0 MATTERS BEHIND CLOSED DOORS 37

CONTENTS


SC3 OCTOBER 2011

7.0 CLOSING PROCEDURES 37

7.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................37

7.2 CLOSURE OF THE MEETING ...........................................................................37

8.0 ATTACHMENTS 37


SC4 OCTOBER 2011

SPECIAL COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.34pm.

To be read out aloud by the Presiding Person Members of Council and members of the gallery are advised that this meeting will be audio-recorded.

1.1 Announcement of Visitors

Nil 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Councillors Cr H Dullard (President) (Presiding Person) West Ward Cr P Clark West Ward Cr T Cuccaro West Ward Cr A Pilgrim (Deputy President) Central Ward Cr L Gu Central Ward Cr L Wysocki Central Ward Cr P Bertola East Ward Cr J Daw East Ward Cr S Fox East Ward Cr C James South Ward Cr D Jones South Ward Cr E Marjanovic South Ward Staff Mr J Throssell Chief Executive Officer Ms K Abel Acting Director Community Services Mr M Luzi Director Statutory Services Mr P O’Connor Director Corporate Services Mr S Purdy Director Infrastructure Services Ms A Italiano Minute Secretary Apologies Nil Absent Nil Leave of Nil Absence Guests Nil Members of the Public

12

Members of the Press

Nil


SC5 OCTOBER 2011

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION Nil 3.0 PUBLIC QUESTION TIME

Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government. Note: This is not a verbatim record of questions asked and answers given. It is a summary only. Limit of 15 minutes.

Nil

4.0 DISCLOSURES OF INTERESTS 4.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting. (Sections 5.60B and 5.65 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995).

Nil 4.2 Disclosure of Interest Affecting Impartiality

Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice. (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil


SC6 OCTOBER 2011

5.0 REPORTS OF OFFICERS 5.1 Appointment of Council Members to the Eastern Metropolitan Regional

Council

Date of Report 26 September 2011

Location / Address N/A

Applicant N/A

Author Thomas Pashley, Manager Administration Services

Senior Officer Jonathan Throssell, Chief Executive Officer

Disclosure of Any Interest

Nil

SUMMARY:

The Shire of Mundaring is a member of the Eastern Metropolitan Regional Council (EMRC), a regional organisation comprising the Shires of Mundaring and Kalamunda, Town of Bassendean, and Cities of Swan, Belmont and Bayswater.

The Shire is represented on the EMRC by two Council members. Past practice is to also appoint a deputy member.

This report seeks Council’s decision to appoint two Council members and a deputy council member to the EMRC.

BACKGROUND: In accordance with the provisions of the Establishment Agreement between the EMRC and Participating Councils, Council shall appoint its members to the EMRC. The Establishment Agreement states in part:

Appointment of Members (1) A Participant is to appoint two members of the Council of the Participant to

be a member of the EMRC Council. (4) The Participants acknowledge that, whilst not being legally obliged to do so,

it is the intention of each of them that, if at a meeting of the Council of a Participant, the Participant is to make an appointment to the EMRC Council and the Mayor or President informs the Participant of his or her wish to be a member of the EMRC Council, then the Participant will appoint the Mayor or President to be a member of the EMRC Council.”

(5) A Participant may appoint one member of the Council of the Participant who

may act temporarily in place of either member of the EMRC Council appointed by the Participant during any period in which the member of the EMRC Council is unable by reason of illness, temporary absence from the


SC7 OCTOBER 2011

Item 5.2 cont’d 2

State, conflict of interest or any other cause to perform the functions of the office.

Definition – “Participant” refers to the Council of the Shire of Mundaring.

In September 2007 Council resolved (C8.09.07):

“That as a matter of practice, the Council member holding the office of Shire President be appointed as one of the Shire of Mundaring Council representatives to the Eastern Metropolitan Regional Council.”

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 states: 3.62. Constitution and purpose of a regional local government (1) A regional local government —

(b) is to have as its governing body a council established under the establishment agreement and consisting of members of the Councils of the participants.

3.64. What the establishment agreement is to contain The following matters are to be set out or provided for in the establishment agreement for a regional local government —

(c) the number of offices of member on the Council of the regional local government and, in respect of each participant, the number of members to be appointed by that participant;

(d) the appointment and tenure of members of the Council of the regional local government;

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: An annual membership applies for services undertaken by the EMRC on behalf of the Shire. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil


SC8 OCTOBER 2011

Item 5.1 cont’d 3

CONSULTATION: Nil COMMENT: The President is to call for nominations for membership of the Eastern Metropolitan Regional Council with two members being elected as a member of the EMRC Council and one member as a deputy to the members, with the deputy to act in a member’s position in circumstances where a member is unable to attend a meeting called by the EMRC Council. Council has previously agreed that the Shire President is to be one of the two members. Meetings are conducted monthly and are for duration of approximately two hours. The tenure of the position is until the next Ordinary Election of Council 2013. A Special Meeting of the EMRC has been called for 3 November 2011 to swear in elected members and to appoint the chairman and deputy chairman. VOTING REQUIREMENT:

Simple Majority Preamble to Council Decision The Shire President advised that she will not nominate to be appointed as a member of the EMRC Council.

COUNCIL DECISION C1.10.11 OFFICER RECOMMENDATION Moved by: Cr Pilgrim Seconded by: Cr Wysocki

That Council - 1. appoints Cr Tony Cuccaro and Cr Alan Pilgrim to the EMRC Council; and 2. appoints Cr Stephen Fox as deputy member to the EMRC Council with the

deputy member only acting as a member in circumstances when a member is unable to attend a meeting called by the EMRC Council.

CARRIED 12/0


SC9 OCTOBER 2011

5.2 Appointment of Council Members, Delegates, Liaison Members to Other

Committees



Applicant N/A




Nil

SUMMARY: To consider appointment of Councillor members, delegates, liaison members to other Committees.

BACKGROUND:

Councillors are appointed as members, delegates or liaison members to various management and other committees including Recreation Management committees, internal committees and external committees.

STATUTORY / LEGAL IMPLICATIONS:

Nil

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil


SC10 OCTOBER 2011

Item 5.2 cont’d 2

COMMENT:

The committees are listed as below –

1 Recreation Management Committees LIAISON MEETINGS DURATION

1.1 Darlington Community Recreation Management Committee

1 x South Ward Councillor

Quarterly 2 hours

2 Internal (Within the Shire) Committees – Liaison

LIAISON

MEETINGS

DURATION

2.1 Mundaring and Hills Historical Society

1 x Councillor Monthly 1.5 hours

2.2 Katherine Susannah Prichard Readers Group

1 x West Ward Councillor

Monthly 2 hours

2.3 Swan View and Districts Agriculture and Arts Society Inc.

1 x West Ward Councillor

Monthly 2 hours

2.4 Cultural Advisory Group 2 x Councillors

Bi-Monthly 1.5 hours

2.5 Inclusion & Disabilities Access Advisory Committee

1 x Councillor 3 monthly 1.5 hours

2.6 Seniors Reference Group 1 x Councillor 3 monthly 1.5 hours

2.7 Mundaring Business Advisory Group 2 x Councillors

Bi-monthly 1.5 hours

2.8 Mundaring Arts Centre (Board) 1 x Councillor Bi-monthly 2 hours

2.9 Mundaring Truffle Festival Working Party

1 x Councillor Monthly 3 hours

2.10 Australia Day Citizenship Awards Subcommittee

1 x Councillor from each ward

Annual 2 hours

2.11 Community Gardens Working Group 1 x Councillor As required 1.5 hours

3 External (Outside the Shire) Committees – Delegates

DELEGATE

DEPUTY

MEETINGS

DURATION

3.1 Eastern District Planning Committee

1 x Councillor 1 x Councillor Bi-monthly 2 hours

3.2 Swan River Trust 1 x Councillor N/R Monthly 2 hours

3.3 Perth Airport Municipalities Group

1 x Councillor N/R Monthly 2 hours


SC11 OCTOBER 2011

3.4 Perth Airport Aircraft Noise Management Consultative Committee

1 x Councillor N/R Quarterly 2 hours

3.5 Eastern Zone WA Local Government Association

3 x Councillors

(may include senior staff)

1 x Councillor or Senior Staff

6 weekly 3 hours

3.6 North Eastern Subgroup of the Metropolitan Regional Road Group

1 x Councillor Director Infrastructure Services

Annually 2 hours

3.7 Development Assessment Panels

2 x Councillors

2 x Councillors As required

3.8 Darling Range Park Community Advisory Committee

1 x Councillor N/R 5 times per year

1.5 hours

The President is to call for nominations for each of the above committees and preside over any required ballot to determine appointment(s) to the committees. VOTING REQUIREMENT:

Simple Majority

COUNCIL DECISION C2.10.11 OFFICER RECOMMENDATION Moved by: Cr Cuccaro Seconded by: Cr Pilgrim

That Council appoints members and/or officers to the following committees/reference groups:

Darlington Community Recreation Management Committee

- Cr Colin James

Mundaring and Hills Historical Society - Cr Patrick Bertola

Katherine Susannah Prichard Readers Group - Cr Pauline Clark

Swan View and Districts Agriculture and Arts Society - Cr Helen Dullard

Cultural Advisory Group - Cr Eva Marjanovic

Cr Patrick Bertola

Inclusion & Disabilities Access Advisory Committee - Cr Eva Marjanovic

Seniors Reference Group - Cr Liz Wysocki

Mundaring Business Advisory Group - Cr Darrell Jones

Cr Leona Gu

Mundaring Arts Centre (Board) - Cr Helen Dullard


SC12 OCTOBER 2011

Mundaring Truffle Festival Working Party - Cr Pauline Clark

Australia Day Citizenship Awards Subcommittee - Cr Pauline Clark

Cr Darrell Jones

Cr Liz Wysocki

Cr Stephen Fox

Community Gardens Working Group - Cr Alan Pilgrim

Eastern District Planning Committee - Cr Colin James

Cr Fox (Deputy)

Swan River Trust - Cr Colin James

Perth Airport Municipalities Group - Cr Tony Cuccaro

Cr John Daw (Deputy)

Perth Airport Aircraft Noise Management Consultative Committee

- Cr John Daw

Eastern Zone WA Local Government Association - Cr Colin James

Cr Leona Gu

Cr Helen Dullard

Cr Clark (Deputy)

North Eastern Subgroup of the Metropolitan Regional Road Group

- Cr Eva Marjanovic

Development Assessment Panels - Cr Patrick Bertola

Cr Stephen Fox

Cr Colin James (Deputy)

Darling Range Park Community Advisory Committee - Cr Stephen Fox

WALGA Climate Change Councillors Group - Cr Eva Marjanovic

CARRIED 12/0


SC13 OCTOBER 2011

5.3 Grants Selection Occasional Committee



Applicant N/A




Nil

SUMMARY: To consider the membership nominations for the Grants Selection Occasional Committee for a two year term to October 2013. BACKGROUND

Under the terms of reference for the Grants Selection Occasional Committee the composition of the Committee is the Shire President and one elected member representative from each ward.

The Grants Selection Occasional Committee has the following specific objectives:

Build the capacity of existing community groups to access new grant funding from external agencies;

Assist in the development of a culture of partnership amongst community groups and projects; and

Provide a pool of project funds as local government support for grant applications to external grant funding agencies.

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 states: 5.9. Types of committees (1) In this section — “other person” means a person who is not a council member or an employee. (2) A committee is to comprise —


SC14 OCTOBER 2011

Item 5.3 cont’d 2

(a) council members only; (b) council members and employees; (c) council members, employees and other persons; (d) council members and other persons; (e) employees and other persons; or (f) other persons only.

5.10. Appointment of committee members (1) A committee is to have as its members —

(a) persons appointed* by the local government to be members of the committee .…

* Absolute majority required. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil COMMENT: Nil VOTING REQUIREMENT: Absolute Majority


SC15 OCTOBER 2011

Item 5.3 cont’d 3

COUNCIL DECISION C3.10.11 OFFICER RECOMMENDATION Moved by: Cr Wysocki Seconded by: Cr Marjanovic

That Cr Helen Dullard, Cr Alan Pilgrim, Cr Darrell Jones, Cr Stephen Fox and Cr Tony Cuccaro be appointed as members of the Grants Selection Occasional Committee for a two year term expiring at the ordinary elections in October 2013. CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC16 OCTOBER 2011

5.4 Shire of Mundaring Tennis Court Advisory Committee Membership



Applicant N/A




Nil

SUMMARY: To consider the membership nominations for the Shire of Mundaring Tennis Court Advisory Committee for a two year term to October 2013. BACKGROUND Nominations for positions on the Shire of Mundaring Tennis Court Advisory Committee were invited for a two year term in September 2011. Under the terms of reference for the Shire of Mundaring Tennis Court Advisory Committee, the composition of the Committee is:

REPRESENTATION NUMBERS OF MEMBERS

Delegates from Tennis Clubs one from each club operating within the Shire of Mundaring

Shire of Mundaring one Councillor

The Shire of Mundaring Tennis Court Advisory Committee was established in May 1993 with the following specific objectives:

To provide strategic advice to Council on matters relating to the management and development of Shire owned tennis court facilities within the Shire.

To assist Council by preparing a Rolling five Year Development Plan for tennis court facilities within the Shire.

To make recommendations to Council on budget provision for the maintenance and development of tennis court facilities within the Shire and to make recommendations to Council on any changes required for casual court hire fees.

To make recommendations to Council in areas that Council can assist the clubs to encourage the growth and development of junior tennis within the Shire.


SC17 OCTOBER 2011

Item 5.4 cont’d 2

To provide a means of communication on strategic issues between tennis clubs and Council.

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 requires: 5.9. Types of committees (1) In this section — “other person” means a person who is not a council member or an employee. (2) A committee is to comprise —




* Absolute majority required. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Clubs were invited to continue as members of the Committee.


SC18 OCTOBER 2011

Item 5.4 cont’d 3 COMMENT

The Tennis Clubs within the district of the Shire have indicated their interest in continuing to be a member of the Tennis Court Advisory Committee. VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C4.10.11 OFFICER RECOMMENDATION Moved by: Cr Cuccaro Seconded by: Cr Pilgrim

That Council appoints the following as members to the Tennis Court Advisory Committee: 1. One representative from each of the seven Tennis Clubs located within the

district of the Shire of Mundaring. 2. Cr Helen Dullard from the Shire of Mundaring. CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC19 OCTOBER 2011

5.5 Mount Helena Aquatic Centre and Recreation Centre Advisory Committee Membership



Applicant N/A




Nil

SUMMARY: To consider the membership nominations for the Mount Helena Recreation and Aquatic Centre Advisory Committee for a two year term to October 2013. BACKGROUND Nominations for positions on the Mount Helena Recreation and Aquatic Centre Advisory Committee were advertised for a two year term in September. Under the terms of reference for the Mount Helena Recreation and Aquatic Centre Advisory Committee, the composition of the Committee is:

REPRESENTATION NUMBERS OF MEMBERS

Eastern Hills High School three

Shire of Mundaring - councillor one

Community Representatives two

The Mount Helena Recreation and Aquatic Centre Advisory Committee has the following specific objectives:

To provide advice to Council on the management of the Mount Helena Recreation and Aquatic Centres.

To provide a venue for discussion between the Eastern Hills Senior High School and the Council with regard to the management of these facilities.


SC20 OCTOBER 2011

Item 5.5 cont’d 2

To ensure these views of the community are reflected in the operation and management of the facility.

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 requires: 5.9. Types of committees (1) In this section — “other person” means a person who is not a council member or an employee. (2) A committee is to comprise —




* Absolute majority required. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil

CONSULTATION: Advertisements were placed on the Shire Website. Relevant organisations and existing members were also advised in writing of the nomination process.


SC21 OCTOBER 2011

Item 5.5 cont’d 3

Comment

The Eastern Hills Senior High School has indicated their interest in continuing to be members of the Mount Helena Recreation and Aquatic Centre Advisory Committee. One community nomination was received from Ms Lee Bretton. As the Terms of Reference allow appointment by position for the Eastern Hills Senior High School, nominations are not required to be called for those positions. VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C5.10.11 OFFICER RECOMMENDATION Moved by: Cr Marjanovic Seconded by: Cr Jones

That representatives from the following be appointed as members to the Mount Helena Recreation and Aquatic Centre Advisory Committee: Three representatives from the Eastern Hills Senior High School; Ms Lee Bretton as community representative; and Cr John Daw from the Shire of Mundaring.

CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC22 OCTOBER 2011

5.6 Appointment of Members to the Environmental Advisory Committee



Applicant N/A




Nil

SUMMARY: Council established its Environmental Advisory Committee (EAC) in October 1993. Council is requested to consider the appointment of members to the EAC for a two year term expiring at the next ordinary Election of Council in 2013.

BACKGROUND: In accordance with the EAC Terms of Reference, membership of the Committee shall consist of a maximum of fifteen members, inclusive of the Presiding Member and one council member. The membership for the period 2009-2011 was: Mr D Murphy, Mr M Robertson, Mr B Kelly, Mr T Hogarth, Mr M Pengelly, Mrs U Bell, Mr K Titelius and Mr R Ragg. STATUTORY / LEGAL IMPLICATIONS:

Local Government Act 1995 requires: 5.9. Types of committees (1) In this section —

“other person” means a person who is not a council member or an employee.

(2) A committee is to comprise —



SC23 OCTOBER 2011

Item 5.6 cont’d 2



* Absolute majority required. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil CONSULTATION: Nominations for the next two year term of membership to the EAC were sought by advertisements in the local newspapers. Nominations for membership closed on 4 October 2011. COMMENT: Nine nominations for membership were received by the close of the nomination period from: Mr D Murphy Mr M Robertson Mr B Kelly Mr T Hogarth Mr M Pengelly Mr K Titelius Mr R Ragg Mrs D Peters Ms H Harvey

Selection of membership to the EAC needs to be made from received nominees. The number of nominees does not exceed the limit (15) as detailed in the Terms of Reference.

VOTING REQUIREMENT: Absolute Majority


SC24 OCTOBER 2011

Item 5.6 cont’d 3

COUNCIL DECISION C6.10.11 OFFICER RECOMMENDATION Moved by: Cr Pilgrim Seconded by: Cr Bertola

That Council appoints the following as members of the Environmental Advisory Committee: 1 Mr D Murphy Mr M Robertson Mr B Kelly Mr T Hogarth Mr M Pengelly Mr K Titelius Mr R Ragg Mrs D Peters Ms H Harvey

2. Cr Stephen Fox from the Shire of Mundaring.



SC25 OCTOBER 2011

5.7 Appointment of Members to the Bush Fire Advisory Committee (BFAC)


Applicant N/A





Nil

SUMMARY: Council established its Bush Fire Advisory Committee on 2 May 1963 in accordance with the Bush Fires Act 1954 (The Act). Council is requested to consider the appointment of members to the BFAC at this time. BACKGROUND:

In accordance with the BFAC Terms of Reference and as provided in the Act, Council shall appoint Bush Fire Control Officers or members of Bush Fire Brigades as members of the Advisory Committee. In so doing, it shall have regard to the following –

- Each registered Bush Fire Brigade in the Shire may nominate one member.

- The Chief Executive Officer or his nominee shall be a member.

- The Council may appoint two members.

- The Chief Bush Fire Control Officer and Deputy Chief Bush Fire Control Officer shall be members of the Committee.

- Each Brigade may nominate and Council may appoint a person to be deputy for a member of the Advisory Committee.

- The Coordinator of Mundaring Fire School shall be a member of the Committee

The membership of BFAC for the previous year was as follows: Gary Rowles FCO, Chidlow Sue Smith FCO Darling Range Ken Parkin FCO Darlington Paul Sully FCO Glen Forrest Andrew Duncan FCO Mount Helena David King FCO Parkerville Keith Woodley FCO Sawyers Valley Tim Shaw FCO Stoneville Jim Hoekstra FCO Wooroloo John Duff Mundaring Fire School Rodney Eyre Deputy Chief Bush Fire Control Officer


SC26 OCTOBER 2011

Craig Garrett Chief Bush Fire Control Officer Mark Luzi Director Statutory Services Cr Jenny Johnson Council Member Cr Colin James Council Member

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 requires: ‘5.9. Types of committees

(1) In this section —

“other person” means a person who is not a council member or an employee. (2) A committee is to comprise —




* Absolute majority required.’ POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS:

Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil


SC27 OCTOBER 2011

Item 5.7 cont’d 3 COMMENT: The following positions as per the Terms of Reference are nominated as members of the Bush Fire Advisory Committee:

FCO Chidlow FCO Darling Range FCO Darlington FCO Glen Forrest FCO Mount Helena FCO Parkerville FCO Sawyers Valley FCO Stoneville FCO Wooroloo Mundaring Fire School, with representatives from the Shire and Council.

VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C7.10.11 OFFICER RECOMMENDATION Moved by: Cr Marjanovic Seconded by: Cr Wysocki

That Council appoints the following as members of the Bushfires Advisory Committee: 1. One Fire Control Officer from each Brigades within the district of the Shire

of Mundaring;

2. The Coordinator Mundaring Fire School;

3. The Chief Bush Fire Control Officer, Deputy Chief Bush Fire Control Officer and the Chief Executive Officer or his nominee; and

4. Cr Colin James and Cr Patrick Bertola from the Shire of Mundaring CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC28 OCTOBER 2011

5.8 Appointment of Members to the Local Emergency Management Committee

(LEMC) Members



Applicant N/A




Nil

SUMMARY: Council is requested to consider the appointment of members to the LEMC at this time. BACKGROUND: In accordance with the Emergency Management Act 2005, a local government is to establish a local emergency management committee and appoint members to that committee. The membership for the past two years where: Mr Colin James, LEMC Chairman

One representative from: Salvation Army; State Emergency Service, Mundaring; Water Corporation; St John Ambulance; Department of Environment and Conservation; Swan Kalamunda Health Service, and; Two representatives from Fire and Emergency Services Authority (FESA); Three representatives from Department for Child Protection; Chief Executive Officer, Shire of Mundaring (or his delegate); Manager Health and Community Safety Services, Shire of Mundaring; An Environmental Health Officer, Shire of Mundaring; Chief Fire Control Officer, Shire of Mundaring/FESA; Deputy Chief Fire Control Officer Shire of Mundaring/FESA; Officer in Charge West Australian Police Service, Mundaring; and Councils’ Representative Cr Colin James


SC29 OCTOBER 2011

Item 5.8 cont’d 2

STATUTORY / LEGAL IMPLICATIONS:

Local Government Act 1995 requires: ‘5.9. Types of committees (1) In this section — “other person” means a person who is not a council member or an employee. (2) A committee is to comprise —




* Absolute majority required Emergency Management Act 2005 requires: 38. Local emergency management committees (3) A local emergency management committee consists of-

(a) a chairman and other members appointed by the relevant local government in

accordance with subsection (4); and……

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil CONSULTATION: Nil


SC30 OCTOBER 2011

Item 5.8 cont’d 3 COMMENT: To provide for continuity of the functions of the Local Emergency Management Committee (LEMC) it will be recommended that the members of the organisations as listed above be appointed for the next two years. VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C8.10.11 OFFICER RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Jones

That Council appoints the following as members of the Local Emergency Management Committee: 1. One representative from the following organisations: Salvation Army; State Emergency Service, Mundaring; Water Corporation; St John Ambulance; Department of Environment and Conservation; Swan Kalamunda Health Service, and; Two representatives from Fire and Emergency Services Authority (FESA); Three representatives from Department for Child Protection; Chief Executive Officer, Shire of Mundaring (or his delegate); Manager Health and Community Safety Services, Shire of Mundaring; An Environmental Health Officer, Shire of Mundaring; Chief Fire Control Officer, Shire of Mundaring/FESA; Deputy Chief Fire Control Officer Shire of Mundaring/FESA; Hills Principals Association; and Officer in Charge, West Australian Police Service, Mundaring. 2. Cr Colin James from the Shire of Mundaring who will undertake the

position of Chairperson. CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC31 OCTOBER 2011

5.9 Appointment of Committee Members to the CEO Performance Review Occasional Committee



Applicant N/A




Indirect financial interest

SUMMARY:

The CEO Policy Review Occasional Committee (CEOPROC) was appointed with the objective of coordinating the performance review of the CEO, as required by legislation and the CEO’s contract of employment.

The committee’s term expired upon the Ordinary Election of Council in October

2011. As such, appointment of members is now required. BACKGROUND:

The CEO’s employment contract details the requirement for an annual performance review. Council is obliged to observe two requirements: firstly, to appoint an external facilitator to assist Council with the performance review process and secondly to appoint a committee to undertake the conduct of the performance review.

Consistent with the terms of reference, the Committee comprises four councillors. A quorum comprises three councillors. The Committee’s objectives are:

4.1 Compile the consensus response for each of the key result areas detailed

in Schedule 2 of the CEO’s contract of employment;

4.2 Conduct a performance review feedback session with the CEO;

4.3 Prepare and submit for Council approval a report describing the assessment developed during the performance review, changes to be made, special tasks to be done, or decisions to follow as a result of the evaluation;

4.4 Prepare and submit for Council approval the agreed performance objectives for the next review period;

4.5 Prepare and submit for Council approval any variations to the CEO’s conditions of employment; and

4.6 CEOPROC shall meet with the CEO for a briefing in November and March of each year.


SC32 OCTOBER 2011

Item 5.9 cont’d 2

STATUTORY / LEGAL IMPLICATIONS: The Chief Executive Officer’s (CEO) employment contract stipulates that Council is required to conduct a performance review of the CEO at least once annually. This requirement is also a statutory obligation per the Local Government Act 1995. Section 5.10 of the Local Government Act details the requirement to appoint committee members by absolute majority: “5.10. Appointment of committee members

(1) A committee is to have as its members — (a) persons appointed* by the local government to be members of

the committee….

* Absolute majority required.”

Should the Shire President wish to be a member of the Committee, he or she is entitled to be appointed. See s5.10 (4):

“(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.”

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil

SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil


SC33 OCTOBER 2011

Item 5.9 cont’d 3 COMMENT: The presiding person is to call for nominations for appointment as members of the CEOPROC. VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C9.10.11 OFFICER RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Wysocki

That Council appoints Cr Helen Dullard, Cr Alan Pilgrim, Cr Eva Marjanovic & Cr Patrick Bertola of the Shire of Mundaring to the CEO Performance Review Occasional Committee. CARRIED BY AN ABSOLUTE MAJORITY 12/0


SC34 OCTOBER 2011

5.10 Audit Occasional Committee Membership



Applicant N/A




Nil

SUMMARY: To appoint the members to the Audit Occasional Committee for a two year term expiring at the next Ordinary Election of Council in 2013 and to amend the existing terms of reference. BACKGROUND Members for the Audit Committee are appointed in accordance with the Terms of Reference which is, in part, reproduced below –

That – (a) Council delegate authority to the Audit Committee to meet with the auditor of the Shire of Mundaring at least once in every year to satisfy the requirement of S7.12.A(2) of the Local Government Act 1995.

STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 states:

5.9. Types of committees (1) In this section — “other person” means a person who is not a council member or an employee. (2) A committee is to comprise —




SC35 OCTOBER 2011

Item 5.10 cont’d 2


* Absolute majority required. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Meeting fees for attendance by the Shire’s appointed external auditor. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil

CONSULTATION: Nil Required COMMENT: The committee consists of members of Council and in accordance with the Terms of Reference; those members are to be the Shire President, Deputy Shire President and the Presiding Persons and Deputy Presiding Persons of the Strategic & Governance and Development Approvals Committees. As a result of Councils decision of 27 September 2011 (C20.09.2011), the Strategic & Governance and Development Approvals Committees were disbanded effective the 2011 ordinary election of Council. It is therefore proposed that the Terms of Reference of the Audit Committee be amended as follows: Delete “Membership: The committee shall consist of the Shire President, Deputy Shire President and the presiding persons and deputy presiding persons of the Strategic & Governance and Development Approvals Committees” Insert “Membership: The committee shall consist of the Shire President, Deputy Shire President and four elected members of the Shire of Mundaring (refer ATTACHMENT 1). The Shire’s auditors provide advice and guidance to committee members.


SC36 OCTOBER 2011

Item 5.10 cont’d 3 VOTING REQUIREMENT: Absolute Majority

COUNCIL DECISION C10.10.11 OFFICER RECOMMENDATION Moved by: Cr Marjanovic Seconded by: Cr Jones

That Council appoints as members of the Audit Occasional Committee until the next Ordinary Election of Council the following:

Shire President,

Deputy Shire President; and

Cr Darrell Jones, Cr Patrick Bertola, Cr Leona Gu & Cr Stephen Fox of the Shire of Mundaring.



SC37 OCTOBER 2011

6.0 MATTERS BEHIND CLOSED DOORS Nil 7.0 CLOSING PROCEDURES 7.1 Date, Time and Place of the Next Meeting

The next meeting of Council will be an Ordinary Meeting to be held on Tuesday, 8 November 2011 at 6.30pm in the Council Chamber.

7.2 Closure of the Meeting The Presiding Person declared the meeting closed at 7.19pm.

8.0 ATTACHMENTS

Attachment No.

Item No.

Subject

1 5.10 Terms of Reference – Audit Occasional Committee

minutes special council meeting 19 october 2011 · 2016-01-12 · 19.10.2011 special council...

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