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 23 October 2019

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Attendance, Apologies & Leave Of Absence. 2

2....... PUrpose Of Meeting.. 2

3....... declaration by council elect joANNE barrett-lennard.. 3

4....... Public Question Time. 3

5....... Disclosure Of Interests. 3

6....... Finance and Corporate Services Report. 4

6.1          REMOTE ATTENDANCE AT MEETINGS. 4

6.2          APPOINTMENT OF DEPUTY MEMBER TO THE LOCAL EMERGENCY MANAGEMENT COMMITTEE. 8

7....... Closure. 10

 


Special Council                                                                       3                                                                              23 October 2019

MINUTES

 

MINUTES OF A Special Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 23 October 2019 AT 6.00pm.

 

1.               Attendance, Apologies & Leave Of Absence 

The Presiding Member opened the meeting at 6.00pm.

 

Presiding Member:                                      Members:

 

Cr Grant Henley             Mayor                   Cr Kelly Hick                        Deputy Mayor

                                                                             Cr Paul Carter

                                                                             Cr Kate Cox

                                                                             Cr Phill Cronin

                                                                             Cr Lyndon Miles

                                                                             Cr Ross Paine

                                                                             Cr Sue Riccelli

                                                                             Cr Jo Barrett-Lennard

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Tony Nottle, Director Finance and Corporate Services

Ms Naomi Searle, Director Community and Commercial Services

Mr Oliver Darby, Director Engineering and Works Services

Ms Tanya Gillett, Acting Director Planning and Development Services

Ms Sarah Pierson, Manager Governance and Corporate Services

Ms Melissa Egan, Governance Officer

 

Apologies:

 

Nil

 

Approved Leave of Absence:

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

4

2.               PUrpose Of Meeting

The purpose of this Special Council Meeting was to:

 

·         Swear in Council Elect Joanne Barrett-Lennard

·         Consider the approval of the remote attendance of Councillor Paul Carter at Meetings

·         Appoint a Deputy Member to the Local Emergency Management Committee

3.               declaration by council elect joANNE barrett-lennard

The Presiding Member witnessed the declaration of office made by Council Elect Joanne Barrett-Lennard.

 

4.               Public Question Time 

Nil

 

5.               Disclosure Of Interests

The Mayor noted that a declaration of financial interest had been received from:

 

·         Cr Paul Carter in relation to Agenda Item 6.1 Remote Attendance at Meetings.

 

The Mayor advised that in accordance with Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, this declaration would be read out immediately before Item 6.1 was discussed.

 


Special Council                                                                       5                                                                  23 October 2019

6.               Finance and Corporate Services Report

6.1             REMOTE ATTENDANCE AT MEETINGS

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Governance

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Officer - Melissa Egan

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Nil

 

DISCLOSURE OF INTEREST

Date        

23 October 2019              

Meeting                              

Special Council 

Name/Position

Paul Carter, Councillor                   

Item No./Subject

6.1 Remote Attendance at Meetings

Type of Interest

Financial

Nature of Interest           

I declare I have an interest in this Agenda Item regarding my remote attendance at the Council and Committee Meetings in the subject of this report.

 

6.05pm:         At this time, Councillor Carter left the meeting.

 

COUNCIL DECISION

C1910/202              Moved Councillor R Paine, seconded Councillor L Miles

That the Council:

1.         Approves the following location to be a suitable place in accordance with regulation 14A of the Local Government (Administration) Regulations 1996:

·    conference/meeting room or Councillor Carter’s private accommodation at Yandi Accommodation Village and

·    conference/meeting room or Councillor Carter’s private accommodation at Mulla Mulla Accommodation Village (Mining Area C); and

2.         Approves an arrangement for Councillor Paul Carter to attend by telephone or other means of instantaneous communication the Ordinary Council Meeting to be held on 30 October 2019 and the Finance Committee Meeting to be held on 21 November 2019.

CARRIED 8/0

BY ABSOLUTE MAJORITY

 

 

EXECUTIVE SUMMARY

Council is requested to approve a continuing arrangement allowing Councillor Paul Carter to attend specified meetings of Council and Finance Committee by telephone or other means of instantaneous communication in accordance with regulation 14A of the Local Government (Administration) Regulations 1996 (Regulations).

 

BACKGROUND

At its Ordinary Meeting held on 26 September 2018, Council resolved (C1809/193) to approve the remote attendance of Councillor Carter at the Ordinary Council Meetings held on 24 October 2018, 14 November 2018 and 28 November 2018 and Finance Committee meeting on 15 November 2018.

 

The Council gave further approval at its Ordinary Council Meetings on 30 January 2019 (C1901/011) and 5 May 2019 (C1905/088) for Councillor Carter to remotely attend Finance Meetings held on 21 February, 21 March, 18 April, 16 May, 20 June, 25 July, 15 August, 19 September and 17 October 2019.  In doing so Council considered a conference / meeting room or private accommodation lodgings at either Yandi Accommodation Village or Mulla Mulla Accommodation Village (Mining Area C) to be a suitable place in accordance with Regulation 14A of the Local Government (Administration) Regulations 1996 (the Regulations).    

 

In doing so Council considered that the locations provided for a place:

·    where instantaneous communication can be easily maintained;

·    reasonably free of noise, distractions or interruptions;

·    where, as required, confidentiality can be maintained (noting that the majority of the time Council meetings are open to the public); and

·    where City provided equipment can be safely used without potential of damage.

 

Councillor Carter was re-elected to Council on 21 October 2019 and requires approval to remotely attend the Council Meeting of 30 October 2019 and the Finance Committee Meeting of 21 November 2019 as he is working away and is unable to physically attend these meetings.    

 

OFFICER COMMENT

Councillor Carter is currently employed on an eight days on and six days off roster.  His roster generally enables Councillor Carter to attend Council meetings, held on the second and fourth Wednesday of each month.  Given the election timing however, the Council meeting was scheduled in October for the 5th Wednesday, 30 October 2019; and Councillor Carter will be unable to physically attend the meeting.  Based on his roster, Councillor Carter will also be unable to physically attend the Finance Committee Meeting, of which he was re-appointed as a member, on 21 November 2019.

 

Under regulation 14A(2) of the Regulations, Council may not approve this arrangement if to do so would mean that Councillor Carter would miss more than half the meetings of the Council or Committee, as the case may be, in this financial year. In the financial year 1 July 2019-30 June 2020, Cr Carter has attended four Finance Committee Meetings remotely. Should Council approve the officer recommendation, the additional date would still constitute less than half the meetings of the Finance Committee.

 

Statutory Environment

Regulation 14A of the Local Government (Administration) Regulations 1996 states:

 

(1)          it is the role of the Council to determine that a person who is not physically present at a meeting of a council or committee is to be taken to be present at the meeting if the person is:

 

(a)  simultaneously in audio contact, by telephone or other means of instantaneous communication, with each other person present at the meeting; and

(b)  in a suitable place, and

(c)   the council has approved of the arrangement (by absolute majority). 

 

(2)          A council cannot give approval under sub-regulation (1)(c) if to do so would mean that at more than half of the meetings of the council, or committee, as the case may be, in that financial year, a person (other than a person with a disability) who was not physically present was taken to be present in accordance with Regulation 14A.

 

A “suitable place”, as per regulation 14A(4)(b) means a place that the council has approved (by absolute majority) as a suitable place for the purpose of the regulation and must be located:

 

i.      in a townsite or other residential area; and

ii.     150 km or further from the place at which the meeting is to be held … measured along the shortest road route ordinarily used for travelling;

 

“Townsite” has the same meaning given to that term in section 3(1) of the Land Administration Act 1997, that is, a townsite constituted by the Minister for Lands.

 

The “suitable place” approved by Council at its meeting on 26 September 2018 (C1809/001), namely the Yandi or Mulla Mulla Accommodation Village, is the same place to be used by Councillor Carter to attend future meetings for which he requires further approval from Council. This accommodation is, as per previous legal advice, considered to be “other residential” for the purposes of the Regulation’s requirements and in the view of officers remains conducive to proper participation in the meeting and decision-making process.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could decide to not approve the remote attendance by Councillor Carter at the specified Council and Finance Committee meetings. In this case Councillor Carter would be an apology.

 

CONCLUSION

Council is requested to consider and approve an arrangement allowing Councillor Paul Carter to attend the Ordinary Council Meeting of 30 October 2019 and the Finance Committee Meeting of 21 November 2019 by telephone or other means of instantaneous communication.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation will be implemented on the meeting dates specified.

 

 

6.06pm:         At this time, Councillor Carter returned to the meeting.

 


Special Council                                                                       8                                                                  23 October 2019

6.2             APPOINTMENT OF DEPUTY MEMBER TO THE LOCAL EMERGENCY MANAGEMENT COMMITTEE

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

6.2 Council engages broadly and proactively with the community.

SUBJECT INDEX

Committees of Council

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

PRIMARY NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Nil

 

COUNCIL DECISION

C1910/203              Moved Councillor G Henley, seconded Councillor P Cronin

That the Council:

1.         Appoints Cr Kelly Hick, Deputy Mayor, as a Member of the Local Emergency Management Committee; and

2.         Appoints the following Elected Members as the Deputy Members of the Local Emergency Management Committee in the following order:

a)    Councillor Paul Carter; and

b)    Councillor Ross Paine

CARRIED 9/0

BY ABSOLUTE MAJORITY

EXECUTIVE SUMMARY

This report is presented to enable Council to endorse the appointment of Cr Kelly Hick, as the Deputy Mayor of Council, to the position of member for the Local Emergency Management Committee (LEMC) and appoint an Elected Member to the position of deputy member for the LEMC.

 

BACKGROUND

At the Special Council Meeting 21 October 2019, Council resolved to appoint the following Elected Members to the following positions of the LEMC (C1910/201):

 

                Local Emergency Management Committee:

                                i. Members (Mayor): Cr Henley

                                ii. Deputy: Cr Hick

 

On verifying the appointments, officers noted that the Terms of Reference for the LEMC state the Mayor and Deputy Mayor are to both be appointed as members and a deputy member is required.

OFFICER COMMENT

The Council is required to appoint Elected Members to Committees of Council. The Terms of Reference for LEMC state membership as including two Elected Members (Mayor and Deputy Mayor) and one deputy member.

 

Therefore, the LEMC still requires a deputy member to be appointed.

 

Nominations will be required and if there is more than one nomination, the Mayor will be required to conduct ballot to determine the appointment.

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 (19 October 2019) and the Council has accordingly undertaken to appoint elected members to Committees.

Relevant Plans and Policies

In accordance with Council Policy - Fees, Allowances and Expenses for Elected Members, Elected Members 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.

Financial Implications

There are no specific financial implications associated with officer recommendation. 

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As a deputy member is required under the LEMC terms of reference, there are no alternatives to the officer recommendation.

CONCLUSION

The Terms of Reference for the LEMC require the Mayor and Deputy Mayor of Council to be appointed as members of the LEMC and an Elected Member to be appointed as the deputy member.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation will become effective upon Council Resolution.   


Special Council                                                                       10                                                                           23 October 2019

7.               Closure

The meeting closed at 6.08pm.

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 10 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 13 NOVEMBER 2019.

 

DATE:_________________              PRESIDING MEMBER:             _________________________