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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC9 OCTOBER 2011
5.2 Appointment of Council Members, Delegates, Liaison Members to Other
Committees
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: 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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC13 OCTOBER 2011
5.3 Grants Selection Occasional Committee
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: 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 —
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC16 OCTOBER 2011
5.4 Shire of Mundaring Tennis Court Advisory Committee Membership
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: 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.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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 —
(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: Clubs were invited to continue as members of the Committee.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC19 OCTOBER 2011
5.5 Mount Helena Aquatic Centre and Recreation Centre Advisory Committee Membership
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: 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.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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 —
(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: Advertisements were placed on the Shire Website. Relevant organisations and existing members were also advised in writing of the nomination process.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC22 OCTOBER 2011
5.6 Appointment of Members to the Environmental Advisory Committee
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: 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 —
(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.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC23 OCTOBER 2011
Item 5.6 cont’d 2
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 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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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.
CARRIED BY AN ABSOLUTE MAJORITY 12/0
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC25 OCTOBER 2011
5.7 Appointment of Members to the Bush Fire Advisory Committee (BFAC)
Date of Report 26 September 2011
Applicant N/A
Location / Address N/A
Author Thomas Pashley, Manager Administration Services
Senior Officer Jonathan Throssell, Chief Executive Officer
Disclosure of Any Interest
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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 —
(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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC28 OCTOBER 2011
5.8 Appointment of Members to the Local Emergency Management Committee
(LEMC) Members
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: 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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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 —
(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 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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC31 OCTOBER 2011
5.9 Appointment of Committee Members to the CEO Performance Review Occasional Committee
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
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.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC34 OCTOBER 2011
5.10 Audit Occasional Committee Membership
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: 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 —
(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 —
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
SC35 OCTOBER 2011
Item 5.10 cont’d 2
(a) persons appointed* by the local government to be members of the committee .…
* 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.
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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.
CARRIED BY AN ABSOLUTE MAJORITY 12/0
19.10.2011 SPECIAL COUNCIL MINUTES CONFIRMED 08.11.2011
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
Top Related