Agenda of Special Council Meeting

Agenda

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:

Lord

We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name.

Amen

Item 1 Attendances

Item 2 Apologies and Leave of Absence

Item 3 Public Question Time

In accordance with Section 7(4)(b) of the Local Government (Administration) Regulations 1996, a Council at a Special Meeting is not required to answer a question that does not relate to the purpose of the meeting. It is therefore requested that only questions that relate to items on the agenda be asked.

Item 4 Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Council & Corporate Support

SCS01-10/17 Election of Deputy Mayor

File Ref: 1863 – 17/300116

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: Nil

Issue

To elect the Deputy Mayor.

Background

Schedule 2.3, Division 2, of the Local Government Act 1995 (Act) requires that the first item of business at the meeting of the Council following the local government election is to be the appointment of Deputy Mayor. Upon election of the Deputy Mayor, the incumbent is required to make a Declaration of Office.

The role of the Deputy Mayor is to perform the functions of the Mayor when authorised to do so, being when the office of Mayor is vacant or the Mayor is not available or is unwilling to perform the functions of the Mayor.

Clause 2.3 of the Act states that the Mayor:

(a) presides at meetings in accordance with this Act; and

(b) provides leadership and guidance to the community in the district; and

(c) carries out civic and ceremonial duties on behalf of the local government; and

(d) speaks on behalf of the local government; and

(e) performs such other functions as are given to the mayor or president by this Act or any other written law; and

(f) liaises with the CEO on the local government’s affairs and the performance of its functions.

Detail

The appointment is for a two year term, with the position being considered following every ordinary election.

Elected Members may nominate themselves or another Councillor for the position of Deputy Mayor. Nomination forms for the position of Deputy Mayor have been circulated to all Elected Members. Where possible, nominations should be lodged with the CEO prior to the start of the Special Council Meeting. Close of nominations will be called after the commencement of the meeting.

Should there be more than one nomination, a secret ballot will be held to elect a Member to the position in accordance with the Act.

The Act prescribes that the election is to be conducted in accordance with the procedure prescribed by the Mayor or if the Mayor is not present, then by the CEO.

The election procedure agreed to by the Mayor is as follows:-

(a) The Council is to elect a Councillor (other than the Mayor) to fill the Office.

(b) Nominations close at the meeting at a time announced by the person conducting the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

(c) If a Councillor is nominated by another Councillor, the person conducting the election is not to accept the nomination unless the nominee has advised either orally or in writing, that he or she is willing to nominate for the office.

(d) Members are to vote by secret ballot, as if they were electors voting at an election. Positions on the ballot paper will be drawn at the meeting and ballot papers compiled and distributed at that time. Elected Members will be asked to indicate their vote by placing a tick against their preference as shown on the ballot paper and insert their completed ballot into the ballot box provided.

(e) Subject to clause 9(1) of Schedule 2.3 of the Act, the votes cast under clause 8(5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 of the Act, as if those votes were votes cast at an election.

(f) As soon as is practicable after the result of the election is known, the person conducting the election is to declare and give notice of the result in accordance with regulations.

(g) If, when the votes are counted, there are equal votes between two or more candidates who are the only candidates in, or remaining in the count, the count is to be discontinued. In accordance with clause 9(1) of Schedule 2.3 of the Act a Special Council Meeting will be convened not more than 7 days later.

Should this situation arise, the meeting will be closed and a new special meeting will be convened.

(h) Any nomination for the office may be withdrawn, and further nominations may be made, before or when the special meeting commences.

(i) When the special meeting is held, Members are to vote again on the matter by secret ballot as if they were voting at an election.

(j) The votes are to be counted, and the successful candidate determined, as if those votes were votes cast at an election.

(k) The candidate who received the greater or greatest number of votes is elected.

(l) If there is still an equality of votes following the second count, (see Schedule 4.1 of the Act) then the Returning Officer will draw lots in accordance with Regulation 77A of the Local Government (Election) Regulations 1997 to determine which candidate is elected.

Consultation

Nil

Comment

The position of the Deputy Mayor has no specific statutory role or responsibility beyond those of a Councillor. However, the Deputy Mayor performs the functions of the Mayor when the Mayor’s position is vacant or the Mayor is not available, or is unable or unwilling to perform functions. An annual local government allowance is paid to the Deputy Mayor under section 5.98A(1) of the Act and Regulation 33A, which is 25% of the annual local government allowance payable to the Mayor.

The Deputy Mayor’s term of office begins when the person is elected to the position and ends at the start of the first meeting of the Council after the next ordinary elections, or if the Deputy ceases to be a councillor, resigns from the office, does not make the declaration as required or is elected subsequently as Mayor.

Statutory Compliance

Local Government Act 1995

Schedule 2.3, Division 2, Section 7. (1) states that “If the local government has an elector mayor or president the office of deputy mayor or deputy president is to be filled as the first matter dealt with –

(a) at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

(b) at the first meeting of the council after an extraordinary vacancy occurs in the office.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.1 Working with Others

4.1.3 Advocate and collaborate for the benefit of the City”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

By secret ballot if there is more than one nominee.

Recommendation

That Council ELECTS a Councillor to fill the office of Deputy Mayor.

Attachments: Nil

CITY OF WANNEROO Agenda OF Special Council Meeting 31 October, 2017 5

SCS02-10/17 Determination of Council Meeting Dates – January to December 2018

File Ref: 14553V05 – 17/357666

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: Nil

Issue

To determine the schedule for the 2018 Council meeting dates.

Background

The last ordinary Council meeting is scheduled for 05 December 2017. Following this meeting, Council traditionally commences recess until resuming in late January of the new year.

This report details the proposed schedule for the January to December 2018 Council meeting dates for Council’s consideration.

Detail

It is recommended that a schedule of Council meeting dates be adopted for 2018 and that the existing four weekly cycle be continued. Advance approval of the meeting dates allows forward planning for, and reduces potential conflict with, other civic and community responsibilities, functions and events.

2018 Public Holidays (as approved by the Western Australian Department of Mines, Industry Regulation and Safety) are as follows:

Public Holiday	2018
New Year's Day	Monday, 1 January
Australia Day	Friday, 26 January
Labour Day	Monday, 5 March
Good Friday	Friday, 30 March
Easter Monday	Monday, 2 April
ANZAC Day	Wednesday, 25 April
Western Australia Day	Monday, 4 June
Queen's Birthday	Monday, 24 September
Christmas Day	Tuesday, 25 December
Boxing Day	Wednesday, 26 December

The above public holiday dates do not affect the proposed meeting dates. Minor adjustments will be made to administrative processes to account for the public holidays.

It is important to note the following variations to the standard 4 weekly meeting arrangements:

· The proposed ordinary Council meeting in November 2018 will be held on Wednesday, 14 November instead of Tuesday. This is due to an already known conflict in event schedules.

· The final Council meeting to be held in December 2018, will commence at 5.30pm, instead of 6.00pm.

The table below outlines the proposed Ordinary Council meetings for 2018 and the Briefing Sessions that are held one week prior.

Schedule of 2018 Council Meeting Dates

Date	Meeting	Time
Tuesday, 30 January 2018	AGM Briefing Session	6.00pm
Tuesday, 6 February 2018	Council	7.00pm
Tuesday, 27 February 2018	Briefing Session	6.00pm
Tuesday, 6 March 2018	Council	7.00pm
Tuesday, 20 March 2018	Briefing Session	6.00pm
Tuesday, 27 March 2018	Council	7.00pm
Monday, 23 April 2017	Briefing Session	6.00pm
Tuesday, 1 May 2018	Council	7.00pm
Tuesday, 22 May 2018	Briefing Session	6.00pm
Tuesday, 29 May 2018	Council	7.00pm
Tuesday, 19 June 2018	Briefing Session	6.00pm
Tuesday, 26 June 2018	Council	7.00pm
Tuesday, 17 July 2018	Briefing Session	6.00pm
Tuesday, 24 July 2018	Council	7.00pm
Tuesday, 14 August 2018	Briefing Session	6.00pm
Tuesday, 21 August 2018	Council	7.00pm
Tuesday, 11 September 2018	Briefing Session	6.00pm
Tuesday, 18 September 2018	Council	7.00pm
Tuesday, 9 October 2018	Briefing Session	6.00pm
Tuesday, 16 October 2018	Council	7.00pm
Tuesday, 6 November 2018	Briefing Session	6.00pm
Wednesday, 14 November 2018	Council	7.00pm
Tuesday, 4 December 2018	Briefing Session	6.00pm
Tuesday, 11 December 2018	Council	5.30pm

The final 2017 Council meeting is scheduled for Tuesday, 05 December 2017 and the first Briefing Session in 2018 will commence Tuesday, 30 January 2018. This will also be the date that the Electors Annual General Meeting is held.

The resulting recess between 2017 and 2018 will be an eight week gap over the Christmas and New Year holiday period.

Consultation

Nil

Comment

The recommended program is a continuation of the existing four week cycle for Council meetings. Should Council approve the proposed schedule, local public notice will be given in accordance with Regulation 12 of the Local Government (Administration) Regulations 1996.

Statutory Compliance

Section 5.3 and 5.4 of the Local Government Act 1995.

Regulation 12 of the Local Government (Administration) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.2 Good Governance

4.2.1 Provide transparent and accountable governance and leadership”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council ADOPTS the schedule of 2018 Council Meeting dates for the period January to December 2018.

Attachments: Nil

CITY OF WANNEROO Agenda OF Special Council Meeting 31 October, 2017 8

SCS03-10/17 Appointment of Delegates to Committees and Working Groups

File Ref: 2379 – 17/332944

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the appointment of representatives to various Council Committees and Working Groups and external committees/boards.

Background

The Local Government Act 1995 (the Act), Section 5.11 states that where a person is appointed as a member of a committee under Section 5.10 the persons membership continues until the next ordinary election day.

Council establishes various committees and working groups to advise on specific matters within its authority. For the City of Wanneroo, Committees and Working Groups are not delegated a decision making power and are therefore limited to making recommendations to Council on matters for action.

The Act regulates Committees of Council and requires that the appointment of representatives is to be determined by Council. The City applies this same process to the appointment of representatives to its Working Groups, although these groups are not required to comply with the Act. Council may also appoint representatives to external committees/boards when requests are received to do so.

Detail

Following the 21 October 2017 Local Government Election, all positions on Committees and Working Groups are vacated:-

5.11. (1)“Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

……. (d) the next ordinary elections day,…”

Council is now required to consider the appointment of representatives to its various Committees and Working Groups.

1. West Australian Local Government Association (WALGA) North Metropolitan Zone

WALGA North Metropolitan Zone presents issues from the Cities of Wanneroo, Joondalup and Stirling to WALGA State Council. Council appoints four Elected Members as delegates and four Elected Members as deputy delegates to the WALGA North Metropolitan Zone with each deputy delegate being a deputy for a specific delegate.

WALGA State Council is the voice of local government in Western Australia and advocates on behalf of the State’s local governments and negotiates services agreements for the sector. It is not a government department or agency. Each of the Zones elect a State Council representative and deputy representative at the November 2017 Zone meeting.

Sitting fees are not paid for Zone meetings.

WALGA State Council pays sitting fees of $3,300 per annum to State Councillors and $380.00 per meeting attended to the Deputy State Councillors for every meeting attended as the State Council delegate. Expenses are also reimbursed for State Councillors and Deputy State Councillors incurred whilst attending State Council meetings.

2. Mindarie Regional Council (MRC)

The MRC is one of Western Australia's largest Waste Management Authorities assisting its member councils, these being the Cities of Joondalup, Perth, Stirling, Vincent and Wanneroo, and the Towns of Cambridge and Victoria Park. Situated in Perth’s northern corridor and disposing of over 250,000 tonnes of waste generated each year by people living in its seven government localities.

Council is required to appoint two Elected Members to the MRC.

The sitting fees for Members are $15,450 for the Chairperson, $10,300 for the Deputy Chairperson and $10,300 per Councillor. There is an additional allowance of $19,570 for the Chairperson and $4,893 for the Deputy Chairperson. A technology allowance of $1,000 is also provided. Other expenses such as child care and travel costs will be reimbursed in accordance with the Local Government (Administration) Regulations 1996.

Should the appointed delegate be unable to attend a meeting, an apology is required to be received well in advance to allow Council to appoint a substitute for that meeting and a $140 meeting fee will apply. The reason for this is that the MRC Terms of Reference do not support the appointment of a Deputy for meetings.

3. Tamala Park Regional Council (TPRC)

The TPRC is the corporate entity representing the interests of seven local governments in the urban development of 180 hectares of land in Clarkson and Mindarie in Perth’s northern suburbs.

The 7 local government participants are Cities of Joondalup, Perth, Stirling, Vincent and Wanneroo, and the Towns of Cambridge and Victoria Park. These local governments are joint owners of Lot 9504, which covers an area of 432 hectares in the local authority district of the City of Wanneroo. The TPRC was formed specifically to implement the urban development of the Tamala Park Project.

Council is required to appoint two Elected Members as delegates and two Elected Members as deputies to the TPRC with each deputy being for a specific delegate.

The sitting fees for Members are $15,682 for the Chairperson, $11,761 for the Deputy Chairperson, and $10,455 for Council Members per annum. There is an additional allowance of $19,864 per annum for the Chairperson and 25% of that amount is paid to the Deputy Chairperson. There is a "per meeting" fee of $236 payable to alternate Members. Members do not claim separate telecommunications, IT allowances or travelling allowances for meetings. Elected Member allowances are made quarterly in arrears.

4. Metro North-West Joint Development Assessment Panel (JDAP)

In accordance with Regulation 26 of the Planning and Development (Development Assessment Panel) Regulations 2011 Council is required to nominate four Elected Members comprising two Local Members and two alternate Local Members to the JDAP. Appointment is determined by the Minister and is for a period of two years.

The current nominated Councillors have been appointed to the JDAP with a term ending 26 April 2019:

Delegate	Deputy
Cr Frank Cvitan	Cr Glynis Parker
Cr Russell Driver	Cr Samantha Fenn

However as Glynis Parker was unsuccessful in re-election, one vacancy now remains for the position of deputy. That position, when filled, will also be for a term ending 26 April 2019.

It is mandatory for all JDAP Members to attend training before acting in the position and new Elected Members will be advised of JDAP training dates and times.

JDAP local members receive payments (attendance fees) set out below for attendance at each of the following meetings/training sessions:

· $425 for attending a meeting to determine development applications;

· $100 for attending a meeting to determine applications to amend or cancel approvals;

· $425 for attending proceedings in State Administrative Tribunal; and

· $400 for attending a training session.

Attachment 1 provides an overview of the Committees and Working Groups of the City of Wanneroo.

Membership is based on the current Terms of Reference. Council should give due consideration to whether the current membership as set out in the relevant Terms of Reference are adequate.

North Coast Ward Community Reference and Sporting Group (Internal)

This Working Group is comprised of community representatives from each suburb in the North Ward to guide the development of Master Plans for the Active Reserves in the North Coast Ward, to enable these facilities to meet the current and future needs of the Community and to inform the City’s Long Term Capital Works Program.

A report will be presented at the November 2017 Council Meeting to recommend the Working Group be disbanded with alternative arrangements to be considered.

Consultation

Nil

Comment

The establishment of Committees and Working Groups assists the Council to perform its legislative responsibilities and representation on externally based committees allows the City of Wanneroo to have input into various issues that face the local government industry.

Where there are more nominations than vacancies for representation, a ballot will need to be conducted however Council has the discretion to amend the Terms of Reference for any Committee or Working Group should Council deem it appropriate to change the representation. There is no discretion to amend a terms of reference for external committees or boards.

Statutory Compliance

The requirements of the Local Government Act 1995 are as follows:

"Establishment of committees:

5.8 A local government may establish* committees of 3 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.

* Absolute majority required.

5.9 Types of committees:

(1) In this section:

“other person” means a person who is not a council member or an employee.

(2) A committee is to comprise:

(a) council members only;

(b) council members and employees;

(c) council members, employees and other persons;

(d) council members and other persons;

(e) employees and other persons; or

(f) other persons only.

5.10 Committee members, appointment of:-

(1) A committee is to have as its members:

(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and

(b) persons who are appointed to be members of the committee under subsection (4) or (5).

* Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish:

(a) to be a member of the committee; or

(b) that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO's representative, as the case may be, to be a member of the committee.

5.11A Deputy committee members:

(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

* Absolute majority required.

(2) A person who is appointed as a deputy of a member of a committee is to be:

(a) if the member of the committee is a council member – a council member; or

(b) if the member of the committee is an employee – an employee; or

(c) if the member of the committee is not a council member or an employee – a person who is not a council member or an employee; or

(d) if the member of the committee is a person appointed under section 5.10(5) – a person nominated by the CEO.

(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

(4) A deputy member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

5.11 Committee membership, tenure of:-

(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person's membership of the committee continues until:

(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO's representative, as the case may be;

(b) the person resigns from membership of the committee;

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person's membership of the committee continues until:

(a) the term of the person's appointment as a committee member expires; or

(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.”

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.1 Working with Others

4.1.1 Build effective partnerships and demonstrate leadership in local government at regional, state and national levels”

“4.1.2 Engage, include and involve community”

“4.1.3 Advocate and collaborate for the benefit of the City”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Absolute Majority

Recommendation

That Council BY ABSOLUTE MAJORITY APPOINTS the following elected members to committees, working groups and external committees/boards in accordance with their Terms of Reference where applicable:-

1. WALGA North Metropolitan Zone – four delegates and four deputy delegates;

2. Mindarie Regional Council – two delegates;

3. Tamala Park Regional Council – two delegates and two deputy delegates;

4. Metro North-West Joint Development Assessment Panel – one deputy delegate;

5. Elderbloom Community Care Centres Board of Management – tow delegates and one deputy delegate;

6. Joondalup Health Campus Community Board of Advice – one delegate;

7. North West Regional Road Sub Group – one delegate and one deputy delegate;

8. Small Business Centre North West Metro Board of Management – one delegate and one deputy delegate;

9. Wanneroo Agricultural Society – one delegate and one deputy delegate;

10. Wanneroo and Districts Historical Society – one delegate and one deputy delegate;

11. Wanneroo/Joondalup Local Emergency Management Committee (LEMC) and North West District Emergency Management Committee (DEMC) - one delegate and one deputy delegate – to serve on the LEMC for two years;

12. Yanchep/Two Rocks Community Bus Management Committee – one delegate from the North Coast Ward and one deputy delegate from the North Coast Ward;

13. Yellagonga Regional Park Community Advisory Committee – one delegate and one deputy delegate;

14. Arts Advisory Committee – two delegates and two deputy delegates;

15. Audit and Risk Committee – Mayor and a minimum of two other Elected Members but may include all Elected Members (with each Elected Member required to nominate);

16. Community Funding Working Group – Mayor and one delegate from each Ward, plus one deputy delegate from each Ward;

17. Community Safety Working Group – Mayor and one delegate from each Ward, plus one deputy delegate from each Ward;

18. Environmental Advisory Committee – three delegates and three deputy delegates;

19. Festival & Cultural Events Committee – Mayor and one delegate from each Ward, plus one deputy delegate from each Ward;

20. Heritage Services Advisory Group – three delegates;

21. Multicultural Advisory Group – Mayor and one delegate from each Ward;

22. Quinns Beach Long Term Coastal Protection Community Reference Group – Mayor and all North Coast Ward Councillors or their delegates;

23. Quinns Rocks Caravan Park Redevelopment Group – Mayor, all North Coast Ward Councillors, and one delegate and deputy delegate from South and Central Wards;

24. Reconciliation Action Plan Working Group – three delegates;

25. Revenue Review Committee – All Elected Members;

26. Roadwise Working Group – three delegates;

27. South Ward Community Reference & Sporting User Group – Mayor and all South Ward Councillors;

28. Wanneroo BMX Raceway Club Relocation Working Group – Mayor and all Central Ward Councillors;

29. Wanneroo Business and Tourism Development Working Group – Mayor or nominee and one delegate from each Ward;

30. Wanneroo Town Centre Advisory Group – Mayor and all Central Ward Councillors; and

31. Waste Management Advisory Committee – Mayor and one delegate from each Ward and the Mindarie Regional Council delegates.

32.

Attachments:

1 ⇩.

Overview of Committees and Working Groups

17/364314