Minutes of Special Council - 19 October 2015

Special Council 5 19 October 2015

10.1 APPOINTMENT OF MEMBERS TO COUNCIL COMMITTEES AND COUNCIL REPRESENTATIVES ON OTHER ORGANISATIONS

SUBJECT INDEX:	Council and Committee Meetings
STRATEGIC OBJECTIVE:	Governance systems that deliver responsible, ethical and accountable decision-making.
BUSINESS UNIT:	Governance Services
ACTIVITY UNIT:	Governance Support
REPORTING OFFICER:	Manager, Governance Services - Lynley Rich
AUTHORISING OFFICER:	Chief Executive Officer - Mike Archer
VOTING REQUIREMENT:	Absolute Majority
ATTACHMENTS:	Nil

PRÉCIS

This report is presented to enable Council to appoint members to its formally constituted Council Committees and to nominate its representatives for a range of other groups. At its meeting on 14 October, 2015 Council decided to continue with seven of its committees constituted under the Local Government Act 1995 and its Bush Fires Committee constituted in accordance with the Bush Fires Act 1954.

In addition, there are a number of other working groups run by the City on which Councillors participate and a range of external organisations whose meetings are attended by Councillors. Where a Councillor is formally appointed by the Council and is formally representing the Council, the costs associated with travelling to those meetings is recompensed to the Councillor by the Local Government.

BACKGROUND

Committees

The Council currently has the following Committees formally established under the Local Government Act 1995:

Finance	Standing Committee
Policy and Legislation	Standing Committee
Audit	Committee (with delegated authority)
Airport	Advisory Committee
Meelup Regional Park	Management Committee
Busselton Settlement Art Project	Steering Committee
CapeROC	Voluntary Regional Organisation of Councils

The following Committee is established under the Bush Fires Act 1954:

Bush Fires

Advisory Committee

Working Groups and External Organisations

The list of working groups and other organisations on which Councillors served prior to the recent election is provided for Councillors to consider their areas of interest for re-nomination or new nominations.

Committee

Membership

Local Emergency Management Committee

The Committee participates in the establishment of management practices for local emergencies.

Mayor
2 Councillors

1 Deputy Councillor

City-formed Groups

Membership

Administration Building Working Group

The group assists the CEO and Project Manager with decisions relating to interior design and the building program for the new administration and civic centre.

2 Councillors

1 Deputy Councillor

Busselton Jetty Reference Group

The reference group includes three members of the Busselton Jetty Environment and Conservation Association and City officers for jetty-related discussions.

3 Councillors

1 Deputy Councillor

Local Planning Strategies Reference Group

A discussion forum for the development and review of local planning strategies following the implementation of the new town planning scheme.

3 Councillors

1 Deputy Councillor

Waste Advisory Group

The group participates in the development of strategies, both local and regional, for the future management of waste.

3 Councillors

1 Deputy Councillor

Waterways Improvement Reference Group

The group assists with strategies relating to improvement of the Vasse River and other local waterways.

4 Councillors

1 Deputy Councillor

Marketing and Events Reference Group

The group makes recommendations to Council on the allocation of marketing and events funding raised through the commercial differential rate.

3 Councillors

1 Deputy Councillor

Busselton Wetland Project Team

The team provides guidance on the development of the Busselton Wetlands concept through education, promoting the international significance and conservation.

2 Councillors

1 Deputy Councillor

Energy Working Group

The group considers the development and implementation of energy efficiency initiatives.

2 Councillors

1 Deputy Councillor

Environmental Reference Group

The group assists the development and implementation of the City’s Environment Strategy and provides a forum for discussion of environmental issues.

1 Councillor

1 Deputy Councillor

Disability Access and Inclusion Plan Reference Group

The group assists with the implementation of initiatives identified in the Disability Access and Inclusion Plan.

2 Councillors

1 Deputy Councillor

Performing Arts Centre Working Group

The group is charged with the responsibility of developing a business case to demonstrate the feasibility and viability of a future Performing Arts Centre.

3 Councillors

1 Deputy Councillor

Locke Estate Working Group

The group provides a consultative forum for communication with lessees and the City relating to compliance and other matters.

2 Councillors

1 Deputy Councillor

Community Resource Centre Working Group

The group provides a consultative forum for communication with lessees and the City relating to the operation of the centre.

2 Councillors

1 Deputy Councillor

Vasse Recreational Facilities Working Group

This group exists to assist with the development of recreational facilities at Vasse.

1 Councillor

1 Deputy Councillor

Ministerial appointments

Membership

Yallingup Land Conservation District Committee (LCDC)

The Councillor is appointed by the Minister to assist in Land Conservation initiatives in the Yallingup area.

1 Councillor

Development Assessment Panel

The Councillors are appointed by the Minister to the DAP which is charged with considering development applications above a certain value instead of the Council.

2 Councillors

2 Deputy Councillors

External Groups

Membership

Busselton Senior Citizens' Centre Board

The Councillor participates on the Board of Management established to run the Busselton Senior Citizens’ Centre.

1 Councillor

GeoCatch

The Board implements priority natural resource management action in the Geographe catchment area.

1 Councillor (Mayor or nominee of Mayor)

Regional Roads Group and Convention

The group exists to prioritise and resolve projects for the allocation of monies received by the RRG from State and Federal Government car-related taxes.

1 Councillor

Citizens' Advice Bureau

Offers an information and referral service that is free, confidential, impartial and community-based.

1 Councillor

Busselton and Sugito Sister Cities Association

The incorporated association manages the Sister City relationship with Sugito, Japan and arranges adult and youth exchanges.

2 Councillors

1 Deputy Councillor

Port Geographe Community Consultation Forum

The liaison group includes State Government representatives and local residents to discuss Port Geographe issues.

2 Councillors

South West Zone Local Government Association

The association of 12 South West Local Governments that meets to consider WA Local Government Association initiatives.

Mayor

2 Proxy Councillors

Busselton Historical Society

The society provides information on the history of the Busselton region to the public and runs the museum.

1 Councillor

1 Deputy Councillor

Wadandi Track Steering Committee

The group consists of representatives from the City and Shire of Augusta-Margaret River to oversee the development of the master plan for the Wadandi Track (a 106km rail-trail from Busselton to Augusta).

1 Councillor

1 Deputy Councillor

Higher Education Forum

The group investigates opportunities for the provision of higher education facilities and programs in the City of Busselton.

1 Councillor

Naturaliste Roadwise Committee

Undertakes school leavers education program about the dangers of drink driving, advocates for the reduction of speed limits and provides roundabout education.

1 Councillor

Rural Clinical School

The school has the explicit goal of attracting more doctors to regional, rural and remote practice.

2 Councillors

1 Deputy Councillor

Australian Coastal Councils’ Association and Peron-Naturaliste Partnership (PNP)

The ACCA runs events and an annual conference to discuss issues of importance to coastal local governments. The objective of the PNP is to provide a regional mechanism to facilitate effective adaptation responses to climate change.

1 Councillor

1 Deputy Councillor

STATUTORY ENVIRONMENT

Under Section 5.8 of the Local Government Act 1995 (LG Act), a local government, by absolute majority, may establish Committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees. Section 5.10 and 5.11A of the LG Act relate to the appointment of Committee members and Deputy Committee members.

Under Clause 67 of the Bush Fires Act 1954:

(1) A local government may at any time appoint such persons as it thinks fit as a bush fire advisory committee for the purpose of advising the local government regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire‑breaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co‑operation and co‑ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind as, or a different kind from, those specified in this subsection.

(2) A committee appointed under this section shall include a member of the council of the local government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be chairman thereof.

In accordance with the Emergency Management Act 2005 local governments are to have a local emergency management committee, the constitution and procedures of which are determined by the State Emergency Management Committee. Council members for this Committee are also sought.

In accordance with the requirements of the Disability Services Act 1993 the City has adopted a Disability Access and Inclusion Plan (2014 – 2018) and acts to achieve the outcomes outlined in the Plan. The Disability Access and Inclusion Plan Reference Group assists in the implementation of the Plan.

RELEVANT PLANS AND POLICIES

Appointing members of the Council to Committees is subject to the requirements of Council Policy 014 – Convening the Council Following an Election. A Special Meeting of the Council is convened for this purpose.

In accordance with Council Policy 001, Fees, Allowances and Expenses for Elected Members, Councillors are entitled to be paid a travelling allowance for attending meetings of community groups or other external organisations of which the elected member has been appointed the Council's representative by Council resolution.

FINANCIAL IMPLICATIONS

None specific to the appointment of members to Committees as these Committees have been recognised in the current budget and corporate plan. However, external representation needs to be considered in the context of the entitlements provided in the Fees, Allowances and Expenses for Elected Members policy. Therefore, before making such an appointment the Council needs to be satisfied that there is a benefit to the local government by a Councillor being a representative of the Council. Councillors can and do still attend a range of meetings and groups in their personal capacity rather than as a representative of the Council.

STRATEGIC COMMUNITY OBJECTIVES

The practice of matters being considered by various Committees established by the Council contributes to Governance systems that deliver responsible, ethical and accountable decision-making.

RISK ASSESSMENT

Risk	Controls	Consequence	Likelihood	Risk Level
Committees consider matters outside of their scope or Committee members fail to recognise interests	Provision of advice to members and officer attendance at various Committee meetings	Minor	Unikely	Medium

CONSULTATION

The Shire of Augusta-Margaret River has been contacted and has indicated a desire to continue with the CapeROC arrangements in their current form.

It is proposed to advertise the Community member and deputy positions available on the Meelup Regional Park Management Committee and the Busselton Settlement Art Project Steering Committee for expressions of interest. Contact will also be made with previous members of the Committee to see if they desire to be considered for a further term on the Committee.

OFFICER COMMENT

This report sets out the positions that are available for which the Councillors can nominate as recommended by Officers. Some information is provided as to the role and responsibilities of the Council Committees. The list of other Committees and groups is included in the background section of this report.

Committees established in accordance with the Local Government Act 1995

Name	Type of Committee	Description	Proposed Membership
Finance	Standing Committee	The Committee assists the Council to oversee the allocation of the local government's finances and resources.	5 Councillor Members 4 Councillor Deputy Members
Policy and Legislation	Standing Committee	The Committee assists the Council to determine the local government's policies, and to carry out its legislative function.	5 Councillor Members 4 Councillor Deputy Members
Audit	Committee (with delegated authority)	The Committee monitors the annual audit and liaises with the local government’s auditor so that the Council can be satisfied in the performance of the local government in managing its financial affairs.	3 Councillor Members 1 Councillor Deputy Member
Airport	Advisory Committee	The Committee is formed to foster liaison between all stakeholders in the Busselton Regional Airport and the City of Busselton.	4 Councillor Members 2 Councillor Deputy Members
Meelup Regional Park	Management Committee	The Committee exists to assist the Council in managing and promoting Meelup Regional Park and ensures the full range of issues are considered, including environmental, amenity, recreational, community, social, economic and financial matters.	2 Councillor Members 1 Councillor Deputy Member 6 Community Members 3 Deputy Community Members
Busselton Settlement Art Project	Steering Committee	The Committee is to provide for the disbursement of funds, as approved by the Council, for use by the fundraising group for the purposes of raising the necessary funds for the “Busselton Settlement Art Project”.	1 Councillor Member 1 Councillor Deputy Member 7 Community Members 1 CEO representative
CapeROC	Voluntary Regional Organisation of Councils	A Committee formed with the Shire of Augusta-Margaret River to enhance the capacity of both local governments to deliver social, economic and environmental benefits to their communities and the region.	Mayor Chief Executive Officer 2 Councillor Members 1 Councillor Deputy Member (AMR members are appointed by AMR Shire)

Committees established under the Bush Fires Act 1954

Name

Type of Committee

Description

Proposed Membership

Bush Fires

Advisory Committee

The Committee is formed to provide advice to Council in regard to all matters relating to bush fire control, prevention and management.

1 Councillor Member

1 Deputy Councillor

All Fire Control Officers

Finance Committee

The Finance Committee exists to assist the Council to oversee the allocation of the local government's finances and resources. The objectives of the Finance Committee are:

· to examine all income and expenditure with the objective of identifying savings or other monies to be used for capital projects;

· to assist the Council to prepare its long-term financial plans;

· to review budget development processes;

· to receive reports proposed to be put to the Council with significant financial implications or reports for the purposes of meeting the requirements of the Local Government (Financial Management) Regulations; and

· to review and advise the Council on specific matters referred by the Council from time to time.

Policy and Legislation Committee

The Policy and Legislation Committee exists to assist the Council to determine the local government's policies, and to carry out its legislative function. The objectives of the Policy and Legislation Committee are:

· to review delegations and policies of the City of Busselton;

· to review Local Laws and other delegated legislation made by the City of Busselton;

· to receive reports proposed to be put to the Council with significant policy or legislative implications; and

· to review and advise the Council on specific matters referred by the Council from time to time.

Audit Committee

The Audit Committee has the following objectives:

· to monitor the annual external audit and to liaise with the local government's auditor so that Council can be satisfied with the performance of the local government in managing its financial affairs;

· to ensure openness in the local government's financial reporting and to liaise with the Chief Executive Officer (or his representative) to ensure the effective and efficient management of the local government's financial accounting systems and compliance with legislation; and

· to facilitate:

o the enhancement of the credibility and objectivity of external financial reporting;

o compliance with laws and regulations as well as use of best practice guidelines relative to auditing;

o the provision of an effective means of communication between the external auditor, the Chief Executive Officer (or his representative) and the Council; and

o the effective conduct of internal audit and risk management activities.

Airport Advisory Committee

The Airport Advisory Committee’s objectives are:

· to foster liaison and cooperation between all stakeholders in the Busselton Regional Airport and the City of Busselton;

· to provide a normalised, proper and formalised forum for the discussion of issues and the formulation of suggestions and/or recommendations on issues associated with the airport; and

· to make recommendations to Council on matters associated with the future development of the Airport.

Meelup Regional Park Committee

The Meelup Regional Park Management Committee exists to:

· assist the Council in managing and promoting Meelup Regional Park;

· ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations; and

· build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

Busselton Settlement Art Project Steering Committee

The Busselton Settlement Art Project Steering Committee’s objectives are:

· to oversee the commissioning of sculptures proposed under the “Busselton Settlement Art Project” as approved by the Council;

· to provide for the disbursement of funds, as approved by the Council, for use by the fundraising group for the purposes of raising the necessary funds for the “Busselton Settlement Art Project”; and

· to perform other activities from time to time as approved by the Council.

CapeROC

CapeROC exists to enhance the capacity of both local governments to deliver social, economic and environmental benefits to their communities and the region.

The objectives of the CAPEROC are:

· to explore opportunities to foster Economic Development in the Capes Region;

· to explore avenues to foster tourism in the Capes Region and improve the coordination of major regional events;

· to safeguard, strengthen and grow the Margaret River and Geographe brands;

· to explore opportunities to undertake projects of mutual benefit to the Shire and the City eg Rails to Trails network;

· to develop opportunities to undertake capacity building activities for Councillors and staff in the Shire and the City;

· to explore opportunities to develop funding submissions on a regional basis;

· to evaluate possible resource sharing arrangements between the Shire and the City;

· to identify skill shortages and to undertake workforce planning on a regional basis;

· to explore opportunities to simplify and standardise policies in the region where appropriate; and

· to consider the feasibility of establishing a Capes Regional Council.

Bush Fires Advisory Committee

The objectives of the Bush Fires Advisory Committee are:

· to provide advice to Council in regard to all matters relating to bush fire control, prevention and management, including recommendation on the annual firebreak requirements, capital (equipment) purchase, review of firefighting/prevention practices and firefighting training;

· to develop a bush fire strategic plan incorporating plant, firebreak order development process and strategic firebreak development, to be endorsed by Council; and

· to care for, control and manage the bush fire risk within the district of the City of Busselton.

OPTIONS

The Council may determine that it requires more or less members on any of the Committees, while noting that each must have a minimum of three members. It may also determine that a representative on any of the other organisations is not required.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The appointments would be effective immediately.

Officer Recommendation and Council Decision

C1510/275 Moved Councillor R Bennett, seconded Councillor P Carter

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

1. Appoints the following members to the Finance Committee:

Councillor Grant Henley;

Councillor John McCallum;

Councillor Gordon Bleechmore;

Councillor Coralie Tarbotton;

Councillor Terry Best;

and deputy members to be called upon in the following order:

Councillor Paul Carter;

Councillor Rob Bennett;

Councillor Robert Reekie;

Councillor Ross Paine.

2. Appoints the following members to the Policy and Legislation Committee:

Councillor Grant Henley;

Councillor Rob Bennett;

Councillor Robert Reekie;

Councillor Ross Paine;

Councillor Paul Carter;

and deputy members to be called upon in the following order:

Councillor Terry Best;

Councillor Gordon Bleechmore;

Councillor Coralie Tarbotton;

Councillor John McCallum.

3. Appoints the following members to the Audit Committee:

Councillor Grant Henley;

Councillor Gordon Bleechmore;

Councillor Paul Carter;

and deputy members to be called upon in the following order:

Deputy Councillor John McCallum;

Deputy Councillor Coralie Tarbotton.

4. Appoints the following members to the Airport Committee:

Councillor Coralie Tarbotton;

Councillor John McCallum;

Councillor Paul Carter;

Councillor Gordon Bleechmore;

and deputy members to be called upon in the following order:

Councillor Terry Best;

Councillor Robert Reekie.

a. Appoints the following members and deputy member to the Meelup Regional Park Management Committee:

Councillor Terry Best;

Councillor John McCallum;

Deputy Councillor Ross Paine;

b. Seeks interest from previous members of the Committee and advertises the Community member and Deputy positions.

a. Appoints the following members and deputy member to the Busselton Settlement Art Project Steering Committee:

Councillor Rob Bennett;

Deputy Councillor Gordon Bleechmore;

City representative as nominated by the CEO;

b. Seeks interest from previous members of the Committee and advertises the Community member and Deputy positions.

7. Appoints the following members and deputy member to the CapeROC Committee:

Mayor Grant Henley;

Chief Executive Officer, Mike Archer;

Councillor Terry Best;

Councillor John McCallum;

Deputy Councillor Paul Carter.

SIMPLE MAJORITY REQUIRED

8. Appoints the following members to the Bushfires Advisory Committee:

Councillor Robert Reekie;

Deputy Councillor Terry Best.

9. Nominates the following representatives of Council for other committees, groups and organisations:


Committee	Membership
Local Emergency Management Committee	Councillor Paul Carter Councillor Robert Reekie Deputy Councillor Terry Best

City-formed Groups	Membership
Administration Building Working Group	Councillor Gordon Bleechmore Councillor Coralie Tarbotton Deputy Councillor Rob Bennett
Busselton Jetty Reference Group	Councillor Grant Henley Councillor Rob Bennett Deputy Councillor Gordon Bleechmore
Local Planning Strategies Reference Group	Councillor Grant Henley Councillor Terry Best Councillor Paul Carter Deputy Councillor Ross Paine
Waste Advisory Group	Councillor Terry Best Councillor John McCallum Deputy Councillor Paul Carter
Waterways Improvement Reference Group	Councillor Coralie Tarbotton Councillor Rob Bennett Councillor Gordon Bleechmore Deputy Councillor Paul Carter
Marketing and Events Reference Group	Councillor Grant Henley Councillor Coralie Tarbotton Councillor Rob Bennett Deputy Councillor John McCallum Deputy Councillor Paul Carter
Busselton Wetland Project Team	Councillor Rob Bennett Deputy Councillor Gordon Bleechmore
Energy Working Group	Councillor John McCallum Councillor Ross Paine Deputy Councillor Coralie Tarbotton
Environmental Reference Group	Councillor Ross Paine Deputy Councillor John McCallum
Disability Access and Inclusion Plan Reference Group	Councillor Coralie Tarbotton Deputy Councillor Grant Henley
Performing Arts Centre Working Group	Councillor Terry Best Councillor Coralie Tarbotton Deputy Councillor Robert Reekie
Locke Estate Working Group	Councillor Terry Best Deputy Councillor Rob Bennett
Community Resource Centre Working Group	Councillor Coralie Tarbotton Deputy Councillor John McCallum
Vasse Recreational Facilities Working Group	Councillor Ross Paine Deputy Councillor Rob Bennett

Ministerial appointments	Membership
Yallingup Land Conservation District Committee (LCDC)	Councillor John McCallum
Development Assessment Panel	Councillor Grant Henley Councillor Terry Best Deputy Councillor Gordon Bleechmore Deputy Councillor Paul Carter

External Groups	Membership
Busselton Senior Citizens' Centre Board	Councillor Rob Bennett
Rural Roads Group and Convention	Councillor Gordon Bleechmore
Citizens’ Advice Bureau	Councillor Terry Best
Busselton and Sugito Sister Cities Association	Councillor Rob Bennett Councillor Robert Reekie Deputy Councillor John McCallum
Port Geographe Community Consultation Forum	Councillor Gordon Bleechmore Deputy Councillor Terry Best
South West Zone Local Government Association	Mayor Grant Henley Proxy Councillor John McCallum Proxy Councillor Terry Best
Busselton Historical Society	Councillor Rob Bennett
Wadandi Track Steering Committee	Councillor Ross Paine Deputy Councillor Terry Best
Higher Education Forum	Councillor Rob Bennett
Naturaliste Roadwise Committee	Councillor Paul Carter
Rural Clinic School	Councillor John McCallum
Australian Coastal Councils’ Association and Peron-Naturaliste Partnership (PNP)	Councillor John McCallum Deputy Councillor Coralie Tarbotton

BY ABSOLUTE MAJORITY

CARRIED 9/0