Please note: These minutes are yet to be confirmed as a true record of proceedings
CITY OF BUSSELTON
MINUTES FOR THE Special Council MEETING HELD ON 19 October 2015
TABLE OF CONTENTS
ITEM NO. SUBJECT PAGE NO.
1....... Attendance, Apologies & Leave Of Absence
4....... ELECTION OF DEPUTY MAYOR
6....... DECLARATION BY DEPUTY MAYOR
8....... Disclosure Of Interests
9....... Presentations By Parties With An Interest
10.1 APPOINTMENT OF MEMBERS TO COUNCIL COMMITTEES AND COUNCIL REPRESENTATIVES ON OTHER ORGANISATIONS
Special Council 3 19 October 2015
MINUTES
MINUTES OF A Special Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 19 October 2015 AT 5.30pm.
1. Attendance, Apologies & Leave Of Absence
Presiding Member: |
Members:
|
Cr Grant Henley Mayor (assumed the chair from 5.41pm) |
Cr Coralie Tarbotton Cr Ross Paine Cr Terry Best Cr John McCallum Cr Gordon Bleechmore Cr Robert Reekie Cr Paul Carter Cr Rob Bennett |
Officers:
Mr Mike Archer, Chief Executive Officer (Presiding Member until 5.41pm)
Miss Lynley Rich, Manager, Governance Services
Mr Oliver Darby, Director, Engineering and Works Services
Mr Paul Needham, Director, Planning and Development Services
Mrs Naomi Searle, Director, Community and Commercial Services
Mr Matthew Smith, Director, Finance and Corporate Services
Mrs Katie Banks, Executive Assistant to the CEO
Miss Hayley Barge, Administration Officer, Governance
Apologies
Nil
Approved Leave of Absence
Nil
Media:
“Busselton-Dunsborough Times”
“Busselton-Dunsborough Mail”
Public:
40
JP for Declarations:
Ms Margaret Guy
The Chief Executive Officer called for nominations for the Mayor.
Cr Grant Henley was nominated by Cr Terry Best and accepted the nomination.
The CEO invited Cr Grant Henley to make a declaration before Margaret Guy, Justice of the Peace.
Cr Henley made and signed the following declaration:
I, Grant Douglas Henley, of 66 Adelaide Street Busselton, having been elected to the office of Mayor of the City of Busselton, declare that I take the office upon myself and will duly, faithfully, honestly and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the Local Government (Rules of Conduct) Regulations 2007.
Retiring Mayor Stubbs presented Mayor Henley with the Mayoral Chain.
Mayor Henley thanked retiring Mayor Stubbs, previous Deputy Mayor Tuffin, outgoing Councillor Green, the community, the CEO and City staff. He welcomed the new Councillors to their roles and gave a short speech on his vision for the Council.
The Mayor called for nominations for the position of Deputy Mayor.
Cr Coralie Tarbotton was nominated by Cr Terry Best and accepted the nomination.
Cr John McCallum nominated himself.
The Mayor invited Cr Tarbotton to present her case to Council for the position of Deputy Mayor.
Cr Tarbotton gave a brief presentation to Council.
The Mayor invited Cr McCallum to present his case to Council for the position of Deputy Mayor.
Cr McCallum gave a brief presentation to Council.
A ballot was conducted for the election of Mayor:
6. DECLARATION BY DEPUTY MAYOR
The Mayor invited Cr Coralie Tarbotton to make a declaration before Margaret Guy, Justice of the Peace. Cr Tarbotton made and signed the following declaration:
I, Coralie Isobel Tarbotton, of 194 Doyle Road, Ambergate, having been elected to the office of Deputy Mayor of the City of Busselton, declare that I take the office upon myself and will duly, faithfully, honestly and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the Local Government (Rules of Conduct) Regulations 2007.
The CEO conducted a ballot for the seating arrangements in Council Chambers.
Nil
Nil
9. Presentations By Parties With An Interest
Nil
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 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.
5. 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.
6. 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:
BY ABSOLUTE MAJORITY |
Special Council 17 19 October 2015
The meeting closed at 6.18pm.
THESE MINUTES CONSISTING OF PAGES 1 TO 17 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 28 October 2015.
DATE: _________________ PRESIDING MEMBER: _________________________