COB-RGB

 

 

 

 

 

Special Council Agenda

 

 

 

23 October 2017

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 23 October 2017

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Special Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Monday, 23 October 2017, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

19 October 2017


CITY OF BUSSELTON

Agenda FOR THE Special Council MEETING TO BE HELD ON 23 October 2017

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Attendance, Apologies & Leave Of Absence. 4

2....... PURPOSE OF MEETING.. 4

3....... declaration by elected members of council. 4

4....... ELECTION OF MAYOR. 4

The Chief Executive Officer will conduct the election of the Mayor. 4

5....... DECLARATION BY MAYOR. 4

6....... ELECTION OF DEPUTY MAYOR. 4

The Mayor will conduct the election of the Deputy Mayor. 4

7....... DECLARATION BY DEPUTY MAYOR. 4

8....... Public Question Time. 4

9....... Disclosure Of Interests. 4

10..... Presentations By Parties With An Interest. 4

11..... Finance and Corporate Services Report. 5

11.1        APPOINTMENT OF ELECTED MEMBERS TO STANDING COMMITTEES, OCCASIONAL COMMITTEES/WORKING GROUPS, OTHER INTERNAL WORKING GROUPS AND TO APPOINT DELEGATES TO EXTERNAL ORGANISATIONS. 5

12..... Closure. 23

 


Special Council                                                                       4                                                                 23 October 2017

 

1.               Attendance, Apologies & Leave Of Absence 

Convening of the meeting will be undertaken by Mr Mike Archer, Chief Executive Officer.

 

Swearing In Ceremonies by Mr Mark Gillett, Registered Teacher.

Apologies

 

Nil

Approved Leave of Absence

 

Nil

2.               PURPOSE OF MEETING

This meeting is for the purpose of the Council for the swearing in the newley elected councillors following the election on Saturday 21 October 2017, to elect a Mayor and Deputy Mayor and to determine appointments to Committees established in accordance with Section 5.8 of the Local Government Act 1995, the Council will also nominate Councillors to represent the Council on various other internal groups and external organisations.

3.               declaration by elected members of council

Mr Mark Gillett, will conduct the swearing in of members elected to Council at the election held on Saturday 21 October 2017.

 

4.               ELECTION OF MAYOR 

The Chief Executive Officer will conduct the election of the Mayor.

5.               DECLARATION BY MAYOR

To be sworn before, Mark Gillett.

6.               ELECTION OF DEPUTY MAYOR

The Mayor will conduct the election of the Deputy Mayor.

7.               DECLARATION BY DEPUTY MAYOR

To be sworn before, Mark Gillett.

8.               Public Question Time 

9.               Disclosure Of Interests

10.             Presentations By Parties With An Interest


Special Council                                                                       6                                                                  23 October 2017

11.             Finance and Corporate Services Report

11.1           APPOINTMENT OF ELECTED MEMBERS TO STANDING COMMITTEES, OCCASIONAL COMMITTEES/WORKING GROUPS, OTHER INTERNAL WORKING GROUPS AND TO APPOINT DELEGATES TO EXTERNAL ORGANISATIONS

SUBJECT INDEX:

Council and Committee Meetings

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Detailed Schedule of Required Appointments  

  

 

PRÉCIS

 

             The Council is invited to appoint elected members’ to the City’s various Standing Committees, Occasional Committees/Working Groups, other Internal Administrative Working Groups and Delegates to external groups where City representation is required. This report is presented to enable Council to appoint members to its formally constituted City Committees and to nominate its representatives to a range of community and Internal Administrative Working Groups.

 

In addition to formal City Committees, there are a number of other community working groups run by the City on which Councillors participate and a range of external organisations whose meetings are attended by delegates appointed by Council.

 

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 City.

 

BACKGROUND

 

          Standing Committees

 

             The City of Busselton currently has a number of Standing Committees as follows:

 

          Committees with elected members only:

             Audit and Governance Committee

             Finance Committee

             Policy and Legislation Committee

             Airport Advisory Committee

 

          Committees with non-elected members:

             Bush Fires Advisory Committee

             Busselton Jetty Reference Group

             Busselton Settlement Art Project Management Committee

             CapeRoc Voluntary Regional Organisation of Councils

             Local Emergency Management Committee

             Meelup Regional Park Management Committee

 

 

 

Council has also resolved to create a number of Occasional Committees/Working Groups to which Elected Members are appointed. In addition, Councillors have also nominated to represent Council on Internal Administrative Working Groups and Elected Members are also invited as delegates to represent the City on numerous External Community Groups.

 

All Committees/Groups that require nominations are contained on the Schedule attached.

 

STATUTORY ENVIRONMENT

 

             Section 5.11 of the Local Government Act 1995 (the Act) prescribes that the tenure of a Committee           member ends on the Ordinary Council Election day (21 October 2017) and the Council must now               consider the future committee membership of these Committees.

 

             Section 5.10(2) of the Act provides that a member is entitled to be a member of at least one of the            Standing Committees.

 

             Section 5.10(4) of the Act provides that the Council must appoint the Mayor to each Committee if              the Mayor informs the City of their wish to be a member of a particular Committee. The   Committee, once appointed, must select a Chair at its first meeting.

 

             Section 5.10 (5) of the Act provides for the CEO or their delegate to be appointed to a Committee              that has or will have an employee if the CEO so wishes.

 

Section 7.1A of the Local Government Act 1995 requires that each local government establish an audit committee consisting of at least three Elected Members.

 

RELEVANT PLANS AND POLICIES

 

             Establishment of Committees is in accordance with section 5.11 of the Local Government Act 1995            which provides that the tenure of a committee member ceases at each ordinary Election Day.

 

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

 

There are no specific financial implications to the appointment of members to Committees as the costs associated with attendance at 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 policy for Elected Members. 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

 

This policy aligns with and supports the Council’s Key Goal Area 6 – ‘Leadership’ and more specifically Community Objective 6.1 – ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

There are no risks involved with appointment of members to Committees.

 

CONSULTATION

 

            No Consultation is required.

 

OFFICER COMMENT

 

Standing Committees

The Council is required to appoint elected members to its Standing Committees. A brief overview of each of the committees is as follows:

 

             Committees with elected members only:

 

             Audit and Governance Committee

This Committee oversees the City’s audit process and deal with a range of governance issues. The terms of reference for the Audit and Governance Committee are:

 

·       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:

 

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

 

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

 

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

 

the effective conduct of Internal audit and risk management activities.

 

The current membership consists of three elected Members (with a Deputy Member) and meets on a needs basis.

 

 

 

 

 

          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.

 

The current membership consists of five Members (with four Deputy Members) and meets on a monthly cycle (other than when Council is in recess).

 

          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.

 

The current membership consists of five Members (with four Deputy Members) and meets on a monthly cycle (other than when Council is in recess).

 

             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.

 

The current membership consists of four Members (with two Deputy Members) and normally meets on a bi-Annual cycle or as required.

 

             Committees with non-elected members:

 

          Bush Fires Advisory Committee

          The Bush Fires Advisory Committee’s objectives 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.              

 

          The current membership consists of one Council Member (and one Deputy Member) and            meets on an as needs basis, however, shall meet as a minimum twice annually, once at the          beginning and once at the end of the bush fire season.

 

          Busselton Settlement Art Project Management 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.    

 

          The current membership consists of one Council Member (and one Deputy Member) and            meets on a tri-annual cycle.

 

          CapeRoc Voluntary Regional Organisation of Councils

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.

 

The current membership consists of the Mayor of Busselton and President of Augusta-Margaret River, two other Councillors (one Deputy Member) and the CEO from each organisation. 

 

Meetings are usually held three monthly or as required.

 

          Local Emergency Management Committee

The Local Emergency Management Committee’s objectives are:

 

·      to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

 

·      to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

 

·      to carry out other emergency management activities as directed by the State Emergency Management Committee (SEMC) or prescribed by the regulations.

 

Pursuant to Section 40 of the Act after the end of each financial year the Committee is to prepare and submit to the District Emergency Management Committee (DEMC) for the district an annual report on activities undertaken by it during the financial year.    The annual report is to be prepared within such a reasonable time, and in the manner, as is directed in writing by the SEMC.

 

The current membership consists of two Council Members, being the Mayor and Deputy Mayor (and one Deputy Member) and meets at three monthly intervals, normally in March, June, September and December. 

 

          Meelup Regional Park Management 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.

 

          The current membership consists of two Council Members (and one Deputy Member) and          meets on a three monthly cycle.

 


 

Occasional Committees/Working Groups

 

In addition to the City’s Standing Committees as shown above, the City has a number of Occasional Committees (or Non-Statutory Working Groups) to which elected Members are appointed. The names of these Committees are as follows - the details of which are shown on the attached schedule:

 

·      Busselton-Margaret River Regional Airport (BMRRA) Consultative Group

·      Busselton Performing Arts and Convention Centre Working Group

·      Community Resource Centre Working Group

·      Disability Access and Inclusion Plan Reference Group

·      Marketing and Events Reference Group

·      Sustainability and Energy Working Group (formerly known as Energy Working Group)

·      Vasse Recreational Facilities Working Group

·      Waste Advisory Group

·      Waterways Improvement Reference Group

 

External Groups/Committees

 

There are also a number of external groups / committees that the City has either been invited to join or are part of and a City delegate is required to be appointed. The external groups / committees are as follows - the details of which are shown on the attached schedule:

 

·      Australian Coastal Councils’ Association  (formerly known as Sea Change Taskforce and Peron-Naturaliste Partnership (PNP))

·      Busselton and Sugito Sister Cities Association

·      Busselton Historical Society

·      Busselton Senior Citizens' Centre Board

·      CQ University Busselton Regional Advisory Group 
(formerly known as Higher Education Forum)

·      Regional Roads Group and Convention  – Main Roads WA

·      Roadwise Committee (formerly known as Naturaliste Roadwise Committee)

·      South West Zone Local Government Association

·      Vasse Ministerial Taskforce

 

Ministerial Appointments

 

There are two other Committees that Council nominates elected members to but membership is subject to the approval of the relevant Minister. These Committees are as follows:

 

·      Development Assessment Panel

·      Yallingup Land Conservation District Committee (LCDC)

 

External Groups/Committees – Appointment by Mayor

 

·      GeoCatch

 


 

Internal Administrative Working Groups

 

Membership to Internal Administrative Working Groups is determined by individual elected members as interested persons.  The Internal Administrative Working Groups are not established by Council, the Terms of Reference are not determined by Council and nor is the membership.  These groups are as follows:

 

·      Western Ringtail Possum Group; and

·      Phoebe Abbey House Working Group.

 

CONCLUSION

 

Membership of all the Committees/Working groups is normally made at the Special Council Meeting immediately following the Council election day. All Committees / Working Groups are listed on the attached schedule which shows basic information concerning each Committee such as name, existing and number of members (and Deputy Members) and how often the Committee meets.

 

OPTIONS

 

The Council may determine that it requires more or less members on any of the Standing 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 Committees is not required.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Membership of Committees become effective upon being elected to a particular Committee (subject to the endorsement of the Minister where applicable).

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

                                                                                                                                                                                                                 

1.      1.          That the Council:

 

              1.1      appoints members to its Standing Committees, Working Groups and external               organisations listed in the Attachment to this report;

 

              1.2      notes that under the constitution of GeoCatch, the Mayor is responsible for appointment of a Councillor to this Group; and

 

              1.3      notes that Councillors are appointed by the CEO to the following Internal       Administrative Working Groups:

       

·    Western Ringtail Possum Group; and

·    Phoebe Abbey House Working Group.

 


Special Council

14

23 October 2017

7.1

Attachment a

Detailed Schedule of Required Appointments

 


 


 


 


 


 


 


 


 


 

 


Special Council                                                                       24                                                               23 October 2017

12.             Closure