HELD ON. Tuesday 18 October 2011 AT 5.30 PM IN COUNCIL CHAMBERS CIVIC CENTRE MANDURAH TERRACE MANDURAH

Transcription

1 MINUTES OF SPECIAL COUNCIL MEETING FOR THE PURPOSE OF SWEARING-IN COUNCILLORS ELECT, THE ELECTION OF A DEPUTY MAYOR AND THE APPOINTMENT OF ELECTED MEMBERS TO COMMITTEES AND OTHER GROUPS HELD ON Tuesday 18 October 2011 AT 5.30 PM IN COUNCIL CHAMBERS CIVIC CENTRE MANDURAH TERRACE MANDURAH PRESENT: MAYOR P CREEVEY, OAM COUNCILLOR D LEE [DEPUTY MAYOR] EAST WARD COUNCILLOR L RODGERS EAST WARD COUNCILLOR S JONES EAST WARD COUNCILLOR R WORTLEY NORTH WARD COUNCILLOR C KNIGHT NORTH WARD COUNCILLOR G BROWN TOWN WARD COUNCILLOR D SCHUMACHER TOWN WARD COUNCILLOR M VERGONE TOWN WARD COUNCILLOR R WILLIAMS COASTAL WARD COUNCILLOR D PEMBER COASTAL WARD HON. COUNCILLOR F RIEBELING COASTAL WARD MR M NEWMAN CHIEF EXECUTIVE OFFICER MR A CLAYDON DIRECTOR WORKS AND SERVICES MR T FREE DIRECTOR SUSTAINABLE DEVELOPMENT MS L WILKINSON DIRECTOR PEOPLE & COMMUNITIES MR W PEPPINCK CORPORATE LAWYER MR G DAVIES EXECUTIVE MANAGER STRATEGY & BUSINESS PERFORMANCE MRS L GREENE MINUTES OFFICER

2 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 2 Prior to the commencement of the meeting, the following Councillors Elect made the Declaration of Office before Mayor Creevey: Shane Jones Caroline Knight Donald Jeffrey Pember Hon. Fredrick Riebeling, JP Marina Vergone Ronald Wortley East Ward North Ward Coastal Ward Coastal Ward Town Ward North Ward Having made their Declaration, each Newly Elected Member took their seats in the Chamber. OPENING OF MEETING AND ANNOUNCEMENT OF VISITORS [AGENDA ITEM 1] The Mayor declared the meeting open at 5.39 pm. She then invited each newly elected Councillor to address the Chamber, before commencing the business of the meeting. APOLOGIES [AGENDA ITEM 2] Councillor Blair (on Leave of Absence). DISCLAIMER [AGENDA ITEM 3] SP.1/10/11 IMPORTANT NOTE The Mayor advised that the purpose of this Special Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting. Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25(e)) and Council s Consolidated Local Laws (Section 4.86) establish procedures for revocation or recision of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The City of Mandurah expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting. QUESTION TIME [AGENDA ITEM 4] Nil. DEPUTATIONS [AGENDA ITEM 5] Nil.

3 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 3 DECLARATIONS OF FINANCIAL, PROXIMITY AND IMPARTIALITY INTERESTS [AGENDA ITEM 6] Nil. QUESTIONS FROM ELECTED MEMBERS [AGENDA ITEM 7] Questions of which due notice has been given Nil. Questions of which due notice has not been given Nil. SP.2/10/11 ELECTION OF DEPUTY MAYOR [AGENDA ITEM 8] The Chief Executive Officer explained that the election process for Deputy Mayor was required to be conducted in accordance with the Local Government Act In the event of more than one nomination for the position being received, a ballot would take place involving the production of a ballot paper, with the order of names determined by drawing lots. Elected Members would then be asked to vote for their preferred nominee, using the ballot booths provided in the Chamber. He advised that nominations for the position of Deputy Mayor had to be made in writing and that he had received one nomination prior to the start of the meeting, that being from Councillor Lee. No further nominations were forthcoming, and the Chief Executive Officer declared that Councillor Darren George Lee was appointed as Deputy Mayor for a two year period (expiring 19 October 2013). Councillor Lee then made the Declaration of Office before the Mayor, before being invited to address the Chamber. REPORTS [AGENDA ITEM 9] SP.3/10/11 MEMBERSHIP, POWERS AND DUTIES OF COMMITTEES (MRN) (REPORT 1) The Local Government Act 1995 provides for the establishment of various types of committees to assist the Council in the exercise of its powers and the discharge of its duties. As a result of the ordinary local government elections on 15 October, and prior to the appointment of Elected Members to Council's Committees, it is appropriate at this time to review the powers and duties of the current Committees. Council was requested to consider and adopt the powers and duties of the Council's Committees as set out in the report.

4 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 4 F Riebeling / S Jones That the membership, powers and duties of Council's Committees be as follows: 1 Planning, Community Development and Sustainability Committee The membership of the Committee shall comprise of 7 Elected Members. Powers and Duties: All matters dealing with: Economic Development Regional Development Tourism Business Development Southern City Strategy. Community Development Community Development and Services Libraries / Learning Communities Arts and Culture Recreation Centres and Services. Sustainable Development Building Control Environmental Health Sustainability and the Environment Statutory and Strategic Town Planning Rangers and Emergency Services. 2 Governance and Infrastructure Committee The membership of the Committee shall comprise of 6 Elected Members. Powers and Duties: All matters dealing with: Corporate Governance Budget Management Strategic Planning Governance and Code of Conduct Government Relations Organisational Development Information Management / ICT Marketing, Promotion and Customer Services Community Relations and Consultation Legislation and Local Laws Tenders and Contracts. Works and Services Council Building Projects and Maintenance Engineering and Works Infrastructure and Asset Management Mandurah Ocean Marina Reserves, Parks and Gardens Waste Management Road Safety.

5 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 5 Business and Corporate Planning Business Plans Financial Plans Plan for the Future / Capital Works Plan Revenue and Funding Innovations City Property / Acquisition Land Management Issues. 3 Audit and Risk Committee The membership of the Committee shall comprise of up to 7 Members: 4 Elected Members and up to 3 external positions. Powers and Duties: All matters dealing with: Enterprise-wide Risk Management The selection and appointment of the City's Auditor Audit Functions Scoping, reviewing and monitoring of Internal Audits Compliance with relevant legislation Management of financial and other risks and protection of City assets Internal and external financial reporting Management of financial systems. 4 Executive Committee The membership of the Committee shall comprise of the Mayor, the Deputy Mayor, and the Chairmen of the Planning, Community Development and Sustainability Committee, the Governance and Infrastructure Committee and the Audit and Risk Committee. Powers and Duties: All matters dealing with: Development of Human Resources policy The review of the Chief Executive Officer s salary and performance Employment interviews of Chief Executive Officer and other Executive Officers Other Human Resource matters referred by the Chief Executive Officer Other matters referred by Council. SP.4/10/11 APPOINTMENT OF ELECTED MEMBERS TO COMMITTEES AND ADOPTION OF COUNCIL AND COMMITTEE MEETING SCHEDULE (MRN) (REPORT 2) In accordance with Section 5.11 of the Local Government Act 1995, all appointments to Council's Committees expired on the Election Day, Saturday 15 October. Council was therefore requested to seek nominations and consider the appointment of Elected Members to its Committees. In the event of an appointed member being unable to attend a Committee meeting, Section 5.11A of the Act provides for the appointment of a deputy to take their place. Whilst acting in the capacity of a Committee member, the deputy is afforded all the functions and protection

6 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 6 given to a member of that Committee. It was therefore recommended that Council appoint a first and second deputy to act for each appointed Committee member. Council was also requested to consider determining a schedule for its Committee meetings and ordinary meetings of Council for With regard to the Committee and Council meetings in December 2011, Council was requested to consider changing the meeting schedule to accommodate the Christmas Pageant and the traditional break over the festive season, while ensuring the business and decision making of Council remained unaffected. With the consensus of the meeting, Mayor Creevey suggested that the officer recommendation be considered in four parts. D Schumacher / L Rodgers That: 1.1. The following Elected Members be appointed to the Planning, Community Development and Sustainability Committee for a term of two years: Councillor Blair Councillor Brown Councillor Jones Councillor Knight Councillor Pember Councillor Williams The following Elected Members be appointed to the Governance and Infrastructure Committee for a term of two years: Councillor Lee Councillor Rodgers Councillor Schumacher Councillor Vergone Councillor Wortley The following Elected Members be appointed to the Audit and Risk Committee for a term of two years: Councillor Pember Councillor Lee Councillor Vergone. D Pember / S Jones That: 2.1 Councillor Lee be appointed to act as first Deputy Member for Mayor Creevey and Councillors Blair, Brown, Jones, Knight, Pember and Williams on the Planning, Community Development and Sustainability Committee for a term of two years; and

7 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 7 be appointed to act as second Deputy Member for Mayor Creevey and Councillors Blair, Brown, Jones, Knight, Pember and Williams on the Planning, Community Development and Sustainability Committee for a term of two years. 2.2 Councillor Jones be appointed to act as first Deputy Member for Councillors Lee, Riebeling, Rodgers, Schumacher, Vergone and Wortley on the Governance and Infrastructure Committee for a term of two years; and Councillor Williams be appointed to act as second Deputy Member for Councillors Lee, Riebeling, Rodgers, Schumacher, Vergone and Wortley on the Governance and Infrastructure Committee for a term of two years. 2.3 Mayor Creevey be appointed to act as first Deputy Member for Councillors Pember, Riebeling, Lee and Vergone on the Audit and Risk Committee for a term of two years; and Councillor Brown be appointed to act as second Deputy Member for Pember, Riebeling, Lee and Vergone on the Audit and Risk Committee for a term of two years. G Brown / D Schumacher That: 3 The dates for Council and Committees meetings during be adopted as follows: Planning, Community Development and Sustainability Committee Governance and Infrastructure Committee Ordinary Council meetings Audit and Risk Committee Executive Committee To meet the second Tuesday of each month, commencing at 5.30 pm. To meet the third Tuesday of each month, commencing at 5.30 pm. To meet the fourth Tuesday of each month, commencing at 5.30 pm. To meet at least four times each year, of which one meeting shall be to discuss the annual financial statements with the Auditors. To meet annually to consider relevant performance reviews or as required. R Wortley / G Brown 4 The December 2011 meetings be rescheduled as follows: 4.1 The Planning, Community Development and Sustainability Committee meeting be held on Tuesday 29 November commencing at 5.30pm.

8 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page The Governance and Infrastructure Committee meeting be held on Tuesday 6 December commencing at 5.30pm. 4.3 The ordinary Council meeting be held Wednesday 14 December commencing at 5.30pm. SP.5/10/11 APPOINTMENT OF ELECTED MEMBERS TO ADVISORY GROUPS AND EXTERNAL AGENCIES (MRN) (REPORT 3) All appointments to Advisory Groups established by Council, external agencies and working groups where Council has representation, expired on the Election Day, Saturday 15 October Council was therefore requested to seek the nomination of Elected Members to the vacancies on these bodies, consider the nominations made and approve the appointment of Elected Members, for a term of 2 years. Mayor Creevey called for nominations to the individual Groups and the following appointments were made, with a ballot being conducted in respect of the Rivers Regional Council. D Schumacher / S Jones That Council confirms the following two year appointments: Groups Arts Funding Selection Panel Australia Day Awards Selection Panel Community Assistance Grants Scheme Coodanup Community Advisory Group Development Assessment Panel Disability Access Advisory Group Local Emergency Management Advisory Committee Local Emergency Recovery Coordination Committee Mandjar Market Management Group Elected Member(s) Appointed Councillors Knight, Lee and Schumacher Councillors Pember, Rodgers, Schumacher and Williams Councillors Jones, Lee and Rodgers Councillor Lee Councillor Vergone (Alternative Local Member) Councillor Wortley Councillor Pember Councillor Schumacher

9 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER 2011 Page 9 Mandurah Bushfire Advisory Committee Mandurah Coastcare Coordinating Advisory Group Mandurah Community Museum Advisory Group Mandurah Environmental Advisory Group Mandurah Performing Arts Inc Board Mandurah Quay Waterways Advisory Group Mandurah Roadwise Advisory Group Murdoch University Scholarship Selection Panel Peel Chamber of Commerce & Industry Board Peel Economic Development Unit Peel Inlet Advisory Council Peel Mosquito Management Group Peel Regional Leaders Forum Port Bouvard Waterways Advisory Group Port Mandurah Canal Waterways Advisory Group Reconciliation Action Plan Steering Group Rivers Regional Council South West Regional Road Group Councillor Brown (Councillor Lee Deputy Member) (Councillor Wortley Deputy Member) Councillor Knight Councillor Lee Councillors Pember and Riebeling Councillors Blair and Jones Councillor Pember, Vergone and Williams Councillor Schumacher (Councillor Lee Deputy Member) (Councillor Williams Deputy Member) ( deputy Member) Councillor Williams Councillor Vergone and Councillors Rodgers and Schumacher Councillors Jones and Schumacher (Councillor Brown Deputy Member) Councillor Brown (Hon. Councillor Riebeling, JP Deputy Member)

10 MINUTES OF SPECIAL COUNCIL MEETING: TUESDAY 18 OCTOBER Page South-West & Peel Regional Coastal Management Group WALGA : Peel Country Zone Waste Management Alliance Board Waterside Canal Waterways Advisory Group and Councillor Blair (Councillor Brown Deputy Member) Councillor Lee CLOSE OF MEETING [AGENDA ITEM 10] There being no further business, the Mayor declared the meeting closed at 6.12 pm. CONFIRMED.. (MAYOR)