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MINUTES

Ordinary Meeting of Council

20 November 2019

Shire of Carnamah Ordinary Meeting of Council – MINUTES - 20 November 2019 2 | P a g e

SHIRE OF CARNAMAH

ORDINARY MEETING OF COUNCIL – 20 November 2019

MINUTES

Page

DISCLAIMER 5 1. DECLARATION OF OPENING 6 2. RECORD OF ATTENDANCE 6 Present Apologies Leave of Absence (previously approved) 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 6 4. PUBLIC QUESTION TIME 6 5. APPLICATIONS FOR LEAVE OF ABSENCE 6 6. DISCLOSURE OF INTEREST 6 7. PETITIONS, DEPUTATIONS AND PRESENTATIONS 6 8. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT

DISCUSSION 7 9. CONFIRMATION OF MINUTES 7 9.1 Ordinary Meeting of Council – 16 October 2019

(as circulated) 7 Council Resolution 20191101

9.2 Special Meeting of Council – 22 October 2019 (as circulated) 7

Council Resolution 20191102

9.3 Special Meeting of Council – 4 November 2019 (as circulated) 8

Council Resolution 20191103

10. MANAGEMENT REPORTS 9 10.1 FINANCE REPORTS 9 10.1.1 Accounts for Payment 9 File: ADM0075 (Attachment 10.1.1 – List of Creditors Due & Submitted) Council Resolution 20191104


10.1.2 Financial Reports to 31 October 2019 11 File: ADM0075 (Attachment 10.1.2 – Monthly Financial Statement) Council Resolution 20191105

10.1.3 Request to Write-off Sundry Debtor 12 File: ADM0041 Council Resolution 20191106

10.2 ADMINISTRATION REPORTS 14 10.2.1 Appointment of Delegates and Representatives 14 File: ADM0321; ADM0072; ADM0198; ADM0372; ADM0343; ADM0180 Council Resolution 20191107

10.2.2 Appointment of Representatives to Committees and Working Groups 22

File: ADM0321; ADM0318 Council Resolution 20191108

10.3 CONFIDENTIAL REPORTS 29 10.3.1 Motion to close the meeting to the public, consideration of Confidential Report 29 Council Resolution 20191109

10.3.2 Confidential Report To be presented by the President and Deputy President 30 Council Resolution 20191110

10.3.3 Motion to re-open the meeting 31 Council Resolution 20191111

11. ORDERING THE COMMON SEAL 32 11.1 Ordering the Common Seal 32 Council Resolution 20191112

12. REPORTS OF COMMITTEES AND MEMBERS 33 13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 33 14. NOTICE OF MOTIONS 33 (For consideration at the following meeting, if given during the meeting) 15. NEW BUSINESS OF AN URGENT NATURE ADMITTED BY COUNCIL 33 16. CLOSURE OF MEETING 33


APPENDICES

APPENDIX “A” Minutes of Ordinary Meeting of Council – 16 October 2019 (As circulated) APPENDIX “B” Minutes of Special Meeting of Council – 22 October 2019 (As circulated) APPENDIX “C” Minutes of Special Meeting of Council – 4 November 2019 (As circulated)


SHIRE OF CARNAMAH

DISCLAIMER

No responsibility is implied or accepted by the Shire of Carnamah for any act, omission or statement or intimation occurring during Council or committee meetings. The Shire of Carnamah disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or committee meeting does so at that person’s or legal entity’s own risk. In particular and without detracting in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the Shire of Carnamah during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Carnamah. The Shire of Carnamah advises that anyone who has any application lodged with the Shire of Carnamah shall obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Carnamah in respect of the application.

Signed: ____________________________

CHIEF EXECUTIVE OFFICER


SHIRE OF CARNAMAH

MINUTES

ORDINARY MEETING OF COUNCIL

Held at the Council Chambers, 33-37 Macpherson Street, Carnamah 6517

On Wednesday 20 November 2019

Commencing at 4:01pm

1. DECLARATION OF OPENING

The President welcomed those in attendance and declared the meeting open at 4:01pm. 2. RECORD OF ATTENDANCE

Present Cr Merle Isbister President Cr Dwayne Wooltorton Deputy President Cr Ian Bowman Cr Con Kikeros Cr Luke Risinger Mr Sean Fletcher Acting Chief Executive Officer Mr Ian Walsh Deputy Chief Executive Officer Mr Phil Casbolt Manager of Works and Services Mr Grant Fidock Emergency Management & Ranger Services Officer Ms Jennie Benson Executive Officer Apologies Leave Of Absence (Previously Approved) 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN

ON NOTICE

Nil 4. PUBLIC QUESTION TIME

There were no members of the public present. 5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil 6. DISCLOSURE OF INTEREST

Nil 7. PETITIONS, DEPUTATIONS AND PRESENTATIONS

Nil


8. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

The President acknowledged the two Councillors-elect (Wayne Counsel and Bruce Chisholm) who were not present at this meeting, and advised that both would be sworn in on 18 December 2019.

The President acknowledged the Remembrance Day Service held at Carnamah on Monday 11 November 2019 and thanked the Three Springs – Arrino RSL for the service that was well received by the community.

9. CONFIRMATION OF MINUTES

9.1 Minutes of Ordinary Meeting of Council held 16 October 2019

As Circulated

VOTING REQUIREMENT Simple Majority

Council Resolution 20191101 Item 9.1 Moved: Cr Wooltorton Seconded: Cr Risinger That the Minutes of the Ordinary Meeting of Council held on 16 October 2019 be accepted as a true and correct record.

CARRIED 5-0

9.2 Minutes of Special Meeting of Council held 22 October 2019

As Circulated


Council Resolution 20191102 Item 9.2 Moved: Cr Bowman Seconded: Cr Risinger That the Minutes of the Special Meeting of Council held on 22 October 2019 be accepted as a true and correct record.

CARRIED 5-0


9.3 Minutes of Special Meeting of Council held 4 November 2019

As Circulated


Council Resolution 20191103 Item 9.3 Moved: Cr Wooltorton Seconded: Cr Bowman That the Minutes of the Special Meeting of Council held on 4 November 2019 be accepted as a true and correct record.

CARRIED 5-0


10 MANAGEMENT REPORTS

10.1 FINANCE REPORTS

10.1.1 Accounts for Payment

Applicant: N/A

Location / Address: N/A

File Ref: ADM0075

Disclosure of Interest: Nil

Date: 14 November 2019

Author: Ian Walsh - Deputy Chief Executive Officer

Attachments: 10.1.1 - Cheque & EFT Listing

SUMMARY

Council to confirm the payment of creditors for the period 5 October 2019 to 12 13 November 2019, in accordance with the Local Government (Financial Management) Regulations 1996 section 13(1). ATTACHMENT

Copy of list of accounts paid (EFT & cheque payments), which will enable Council to confirm the payment of its creditors in accordance with Local Government (Financial Management) Regulations 1996, Section 13(1). BACKGROUND

Financial Regulations require a schedule of payments made through the Council bank accounts to be presented to Council for their inspection. The list includes details for each account paid incorporating the payee’s name, amount of payment, date of payment and sufficient information to identify the transaction. COMMENT

Invoices supporting all payments are available for inspection. All invoices and vouchers presented to Council have been certified as to the receipt of goods and the provision of services and as to prices, computations and costings, and that the amounts shown were due for payment. CONSULTATION

Nil STATUTORY ENVIRONMENT

Local Government Act 1995, Section 6.4 Financial Report Local Government (Financial Management) Regulations 1996 - Section 12 Payments from municipal fund or trust fund; Section 13 Lists of accounts; and Section 15 Rounding off figures


POLICY IMPLICATIONS

Nil FINANCIAL IMPLICATIONS

Nil VOTING REQUIREMENT

Simple Majority

Council Resolution 20191104 Item: 10.1.1

Moved: Cr Kikeros Seconded: Cr Bowman That payment listed as Attachment 10.1.1. List of Accounts Due and Paid for the period 5 October 2019 to 13 November 2019; and paid by the Chief Executive Officer under delegated authority of Council, or by the Deputy CEO (in the Chief Executive Officer’s absence) as delegated by the Chief Executive Officer including:

Manual Municipal cheques: 022627 – 022631 Municipal cheques: 28139 – 28142 Municipal EFT’s: 12819 – 12936 Trust Cheques: 300442 – 300444 Payroll direct debits: #08 - #09 - #10 Municipal Direct Debits 31/10/2019 Totalling $ 776,452.56 be approved and passed for payment.

CARRIED 5-0


10.1.2 Financial Reports to 31 October 2019

SUMMARY

A Statement of Financial Activity and other supplementary financial information is produced monthly as part of the Council meeting agenda.

BACKGROUND

The attached financial report for the period 1 July 2019 to 31 October 2019 (Attachment 10.1.2) has been prepared in accordance with the Local Government Financial Management Regulations.

COMMENT

Included with this report is the following:

Statement of Financial Activity for the period 1 July 2019 to 31 October 2019;

Summary Rates Trial Balance Report as at 31 October 2019;

Cash and Investment Listing;

Debtors Listing:

Other Supplementary Information;

CONSULTATION Nil

STATUTORY ENVIRONMENT Local Government (Financial Management) Regulation 34 - Financial activity statement report — s. 6.4

POLICY IMPLICATIONS Nil

FINANCIAL IMPLICATIONS Nil



Moved: Cr Kikeros Seconded: Cr Wooltorton

That Council receive the Statement of Financial Activity for the period 1 July 2019 to 31 October 2019, and other supplementary financial information as presented.

CARRIED 5-0

Applicant: N/A


File Ref: ADM0075



Author: Ian Walsh - Deputy Chief Executive Officer

Attachments: 10.1.2 - Monthly Statement of Financial Activity


10.1.3 Request to Write-off Sundry Debtor

Applicant: N/A


File Ref: ADM0041



Author: Ian Walsh – Deputy Chief Executive Officer

Attachments: Nil

SUMMARY

This report recommends that the following debt, amounting to $286.70, be written off.

Debtor # Date Description Amount

1200 22/08/18 Lost library books taken from the Carnamah Library $286.70

COMMENT

The account was for the cost recovery of library books taken from the Carnamah Library and never returned.

Considering the cost of trying to recover this debt through legal action, it would be considered financially prudent to write the debt off.

CONSULTATION

Acting Chief Executive Officer STATUTORY ENVIRONMENT

Local Government Act 1995 6.12 Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may

(a) when adopting the annual budget, grant a discount or other incentive for

the early payment of any amount of money;

(b) waive or grant concessions in relation to any amount of money; or

(c) write off any amount of money,

which is owed to the local government.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect

of rates and service charges.


POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Writing off the amount of $286.70 will not have a significant impact. VOTING REQUIREMENT

Absolute Majority

Council Resolution 20191106 Item: 10.1.3 Moved: Cr Risinger Seconded: Cr Kikeros That Council, in accordance with Section 6.12(c) of the Local Government Act 1995, write off the following debt: Debtor # Invoice # Description Amount 1200 11638 Lost library books $286.70

CARRIED BY ABSOLUTE MAJORITY 5-0


10.2 ADMINISTRATION REPORTS

10.2.1 Appointment of Delegates and Representatives

Applicant: Shire of Carnamah

Location / Address: Shire of Carnamah

File Ref: ADM0321; ADM0072; ADM0198; ADM0372; ADM0343; ADM0180



Author: Sean Fletcher – Acting Chief Executive Officer

Attachments: Nil

SUMMARY

This report recommends the appointment of the Shire’s delegates and representatives to other

organisations and community bodies.

BACKGROUND

Following the 2019 Ordinary Local Government Elections for the Shire and the 2019

Extraordinary Election, Council is now in a position to consider making appointments of relevant

persons to other organisations.

Development Assessment Panel Membership 2017

The Minister for Planning confirmed on 26 July 2017 that the Shire’s member appointments to

the Mid-West/Wheatbelt Joint Development Assessment Panel (DAP):

Cr Isbister;

Cr Kikeros;

Cr Stirling;

Cr Wooltorton.

The appointment was until 26 July 2018.

The Director-General of Planning then wrote to the CEO on 2 October 2017 seeking

confirmation on the Shire’s nominations to the DAP post the October 2017 Ordinary Local

Government Elections.

Ordinary Local Government (Council) Elections 2017

After the 2017 Ordinary Local Government Elections, the minutes from the meeting on 25

October 2017 show that Council appointed the following representatives:


COUNCIL RESOLUTION 20171008 Item: 10.2.6

Moved: Cr Stirling

Seconded: Cr Piccles-Popham

That Council appoint its delegates and representatives to the following organisations, for a two

year term to October 2019 unless specified otherwise.

P & C Associations Carnamah: Cr Wooltorton

Eneabba: Cr Piccles-Popham

North Midlands Sub-Regional Road Group Cr Bowman

Midwest – Gascoyne Regional Road Group Cr Bowman

Midwest – Gascoyne Technical Working Group CEO

Carnamah Land Conservation District Committee

(confirm previous appointment at 16 November 2016 Council Meeting of Crs Kikeros

and Isbister - from November 2016 to November 2019)

Local Emergency Management Committee (LEMC) Cr Isbister

Cr Kikeros

CARRIED 5-0

Through, what would seem to be an administrative error, the following appointments were not presented in the minutes:

Eneabba Progress Association Cr. Stirling

Carnamah Historical Society Cr. Laundy

WALGA Northern Country Zone Cr. Isbister

Cr. Wooltorton (Proxy)

Development Assessment Panel (all current local government DAP members were appointed on the 26

July 2017, for the term ending 26 July 2018) Cr. Isbister

Cr. Stirling

Chief Executive Officer

Council Meeting November 2017

At the November 2017 meeting, Council appointed the following as delegates to the Wildflower

Country Inc:


COUNCIL RESOLUTION 20171105 Item: 10.2.2

Moved: Cr Wooltorton

Seconded: Cr Bowman

That Council appoint Cr Isbister (Member) and Cr Piccles-Popham (Proxy) as its

representatives to the Wildflower Country Inc. organisation, for a two year term to October

2019.

CARRIED 7-0

Note: Although the Shire reconsidered its membership in March of this year, it resolved to re-

apply for membership at the September 2019 meeting. The Shire President responded on 27

October 2019 that the Shire would not be nominating for an Officer Bearer position.

Council Meeting December 2017 At the Council meeting on 8 December, Council resolved a correction to the minutes of the meeting on 25 October 2019 regarding the appointment of delegates and representatives as follows:

COUNCIL RESOLUTION 20171202 Item 9.2

Moved: Cr Wooltorton

Seconded: Cr Bowman

That the Minutes of the Ordinary Meeting of Council held on 25 October 2017 be accepted as

a true and correct record subject to the following typographical correction, namely, by adding

the following representatives to Resolution #20171008 at Item 10.2.6 (Appointment of

Delegates and Representatives) –

Local Emergency Management Committee (LEMC) Emergency Management and

Ranger Services Officer

Eneabba Progress Association Cr Stirling

Carnamah Historical Society Cr Bowman-Bright

WALGA Northern Country Zone Cr Isbister

Cr Wooltorton (Proxy)

Development Assessment Panel Cr Isbister

(All current local government Development Assessment Cr Stirling

Panel members were appointed on 26 July 2017, Chief Executive Officer

for the term ending 26 July 2018)

CARRIED 7-0

Briefing Session June 2018 – Development Assessment Panel At the June 2018 Briefing Session, the former CEO advised Council that the Minister for Planning had extended the arrangements for Development Assessment Panels expiring in July 2018 until 26 January 2020. The Minister in an email on 7 June 2018 advised that the following


councillors had their membership on the Mid-West/Wheatbelt Joint Development Assessment Panel extended as follows:

Cr Isbister (Member 1);

Cr Wooltorton (Member 2);

Cr Kikeros (Alternate Member 1);

Cr Stirling (Alternate Member 2).

Correspondence 10 October 2019 – Director General Planning

As per the letter on 2 October 2017, the Director-General of Planning has once again written to

the CEO on 10 October 2019 seeking confirmation on the Shire’s nominations to the DAP post

the October 2019 Ordinary Local Government Elections and that these expire on 26 January

2020.

COMMENT

The status on the Shire’s delegates and representation is summarised as follows:

Organisation/Body

Who Comment

Northern Country Zone (WALGA)

Member - Councillor Proxy - Councillor

The current Constitution shows each ordinary member (i.e. local government member) has two delegates, one with voting rights. At the Zone meeting on 25 February 2014, the change to one delegate and a proxy was defeated 3/13. At the same meeting, the Constitution was further amended so that it was clear that each ordinary member has one deliberative vote (so either of the two delegates can vote at any given time, but not both). A deputy delegate can be appointed for a meeting if there is no delegate attending. CEO attends in an advisory capacity

Mid-West/Gascoyne Regional Road Group (RRG)

Six representatives are elected from the Sub Groups (Two each). All member local governments also send a councillor and officer to attend the meetings

Councillor CEO and Manager of Works & Services attend in an advisory capacity


North Midlands Sub Regional Road Group (SRRG)

There are six shires represented consisting of an elected member from each one. CEOs and Managers of Works generally attend

Councillor Usually the same councillor who attends the RRG.

CEO and Manager of Works & Services attend in an advisory capacity

Mid-West/Gascoyne Technical Working Group

Two members are appointed from each sub group and are officers. The next election is in 2020. For the North Midlands Sub-group:

Manager Infrastructure Services Perenjori

Works Manager Shire of Coorow

CEO Not required

Mid-West/Wheatbelt Joint

Development Assessment Panel

(JDAP).

Member 1:

Member 2:

Alternate Member 1:

Alternate Member 2:

The JDAP comprises five

members; three specialist

members, one of which is the

presiding member, and two local

members, nominated by the

member local governments. The

JDAP will determine development

applications that meet set type

and value thresholds that cannot

be determined by the Shire

(Between $2M and $10M)

Councillor

Councillor

Councillor

Councillor

The following sitting

councillors are already

appointed by the Minister

until 26 January 2020:

Cr Isbister

Cr Wooltorton

Cr Kikeros

Vacant (Became vacant with

the retirement of Cr Stirling

at the 2019 Election)

Local Emergency Management Committee (LEMC).

The LEMC is established by the Shire and its role is to assist in the development of local emergency management arrangements for the District.

The LEMC membership must include at least one local

Under the Carnamah Local Emergency Management Arrangements, the Executive consists of:

Chair:

Deputy Chair:

Shire President

CEO

EMRS


government representative and the Local Emergency Coordinator (appointed by the Commissioner of Police). Relevant government agencies and other statutory authorities will nominate their representatives to be members of the LEMC. The term of appointment of LEMC members shall be determined by the local government in consultation with the parent organisation of the members.

LEMC Executive Officer:

Local Recovery Coordinator:

Administrative Support:

CEO

Executive Officer (Shire) Council may wish to include another councillor

Wildflower Country Inc Councillor - Member Councillor - Proxy

CEO and Executive Officer generally attend

Carnamah Land Conservation District Committee

Councillor x 2 Appointment is for a three year term. This should be from November 2019.

Note: the Shire has not received correspondence seeking members from the Shire

P&C Associations

Carnamah DHS:

Eneabba Primary School:

Councillor Councillor

Note: the Shire has not received correspondence seeking members from the Shire

Eneabba Progress Association

Councillor Note: the Shire has not received correspondence seeking members from the Shire

Carnamah Historical Society

Councillor Note: the Shire has not received correspondence seeking members from the Shire

CONSULTATION Executive Officer

STATUTORY ENVIRONMENT

Regional Road Group Representation is governed by the Mid West Gascoyne Regional Road Group Policy and Procedure Manual. Development Assessment Panel Appointment is governed by the Planning and Development (Development Assessments Panels) Regulations 2011. Four members are required: Two members (regulation 26 – council member) and two alternate members – council member as per regulation 28).


Local Emergency Management Committee Section 38 outlines that a local government is to establish at least one local emergency management committee for the district, and the committee is to consist of a chairman and other members appointed by the Shire of Carnamah (noting that the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the State Emergency Management Committee through the Shire’s Local Emergency Management Arrangements Plan 2017). Northern Country Zone (WALGA) Appointment is governed by the Zone’s constitution. Wildflower Country Inc Appointment is governed by Wildflower Country Inc’s constitution.

STRATEGIC IMPLICATIONS (Community Strategic Plan 2017-2022)

Civic Leadership

Objective 4: To be a professional, customer focussed organisation, which

effectively engages (with) the community to determine strategic direction,

responsibly manages the organisation’s assets and financial resources,

is a strong advocate for the community.

Strategies to Achieve Civic Leadership Outcomes

Communications

1. To improve communications between Council and the community; and to

disseminate information.

POLICY IMPLICATIONS

Nil


Nil

VOTING REQUIREMENT

Simple Majority



Moved: Cr Bowman Seconded: Cr Kikeros

That Council appoint the following persons as delegates and representatives for the following organisations and bodies:

ORGANISATION/BODY WHO

Northern Country Zone (WALGA) Member: Cr Isbister Member: Cr Wooltorton Mid-West/Gascoyne Regional Road Group Cr Bowman (RRG) North Midlands Sub Regional Road Group Cr Bowman (SRRG) Mid-West/Wheatbelt Joint Development Reconfirm: Assessment Panel (JDAP) Member 1: Cr Isbister Member 2: Cr Wooltorton Alternate Member 1: Cr Kikeros Alternate Member 2: Cr Risinger Local Emergency Management Committee (LEMC). As per the Local Emergency Chair: Shire President Recovery Arrangements Plan 2017: Deputy Chair: CEO LEMC Executive Officer: EMRS Local Recovery Co-ordinator: CEO Admin Support: Executive Officer Councillor: Cr Kikeros Wildflower Country Inc Member: Cr Isbister Proxy: Cr Wooltorton Carnamah Land Conservation District Committee Cr: Kikeros Cr: Isbister P & C Associations Carnamah District High School Cr: Isbister Eneabba Primary School Cr: Isbister Eneabba Progress Association Cr: Unfilled Carnamah Historical Society Cr: Wooltorton

CARRIED 5-0


10.2.2 Appointment of Representatives to Committees and Working Groups

Applicant: Shire of Carnamah

Location / Address: Shire of Carnamah

File Ref: ADM0321; ADM0318



Author: Sean Fletcher – Acting Chief Executive Officer

Previous Item Ref: OCM 25 October 2017 (Item 10.2.5)

Attachments: Nil

SUMMARY

Council is asked to appoint relevant persons to the Committees of Council and the respective

Management Groups and Working Groups as set out in this report.

BACKGROUND

Following the 2019 Ordinary Local Government Elections for the Shire and the 2019

Extraordinary Election, Council is now in a position to consider making appointments to relevant

Committees of Council and Working Groups.

After the 2017 Ordinary Local Government Elections, Council constituted the Committees and

Working Groups as follows:

COUNCIL RESOLUTION 20171007 Item: 10.2.5 Moved: Cr Kikeros Seconded: Cr Piccles-Popham That Council appoint the following as members of committees and working groups for a term of office expiring in October 2019: AUDIT COMMITTEE All Councillors CARNAMAH SINGLE UNITS MANAGEMENT Councillors (2) – COMMITTEE Cr Kikeros Cr Bowman-Bright DCEO Homeswest representative CARNAMAH AGED PERSONS MANAGEMENT Councillors (2) – COMMITTEE Cr Wooltorton

Cr Kikeros DCEO Homeswest representative


WINCHESTER CEMETERY WORKING GROUP CA Councillor Cr Wooltorton Chief Executive Officer Community members (3) CW Councillor (Specify) Manager Works and Services Community member CARNAMAH/ENEABBA VOLUNTEER FIRE BRIGADE Council Representatives (2) Cr Piccles-Popham (Eneabba) Cr Bowman (Carnamah)

Chief Bush Fire Control Officer Deputy BFCOs – Carnamah and Eneabba FESA Liaison Officer Brigade Captains – Carnamah and

Eneabba Fire Weather Officer (Eastern Sector) Fire Weather Officer (Western Sector) Chief Executive Officer Manager of Works and Services Beekeeper Representative 1; and DEC Representative (2) CARNAMAH FACTORY UNITS WORKING GROUP Councillor Cr Bowman Chief Executive Officer Community Members (3) CULTIVATING CARNAMAH WORKING GROUP Councillor Cr Isbister Chief Executive Officer Community Member (Toy Library) Community Member (Education) Community Member (Seniors) Community Member (Youth) Community Member (Job Creation) Community Member (Tourism) CARRIED BY ABSOLUTE MAJORITY 5-0

Former CEOs at the Shire of Carnamah after each ordinary local government election have

provided an overview on the status and requirements of each committee and working group

including whether they were still required. The author has provided further comment on

subsequent requirements and changes since the last report on this issue on 25 October 2017:

Committee/ Working

Group

Status Comment


Audit Committee Note: This is a statutory requirement under

the Local Government Act 1995. The role

of the Committee is to provide audit

guidance and assistance to the local

government, including in regard to audit

scope and appointment of auditors; review

the compliance audit return; and consider

the CEO’s biennial review on the

appropriateness and effectiveness of a

local government’s systems and

procedures in relation to risk management,

internal control, and legislative

compliance; .

The Audit Committee is the

only compulsory committee

of Council.

Council resolved at its

meeting on 17 April 2019 to

reduce the Audit

Committee from all of

Council to three members.

It would be appropriate for

Council to reconsider and

make it All of Council once

again.

Carnamah Single Units

Management Group

Note: The Shire is required to retain this

Group in accordance with the funding

agreement with the Homeswest Joint

Venture program. While this Group does

not meet (as the units are managed within

the administration) it needs to be retained.

No change in status

Carnamah Aged

Persons Management

Group

Note: The Shire is required to retain this

Group in accordance with the funding

agreement with the Homeswest Joint

Venture program. While this Group does

not meet (as the units are managed within

the administration) it needs to be retained.

No change in status

Winchester Cemetery

Working Group

Note: This is a joint Working Group with

representation from the Shires of Coorow

and Carnamah which manages

improvements, maintenance and funding

of cemetery operations. This is not an

active working group as the area is largely

managed within the administration.

No change in status. It may

be appropriate to close out

this working group

Carnamah/Eneabba

Volunteer Fire Brigade

Note: The volunteer Fire Brigades are

supported by the Shire in terms of

administration, funding and operational

coordination. At present, the Shire’s role is

as requirement under the provisions of the

Bush Fires Act 1954.

No change in status. The

Emergency Management

and Ranger Services

Officer attends meetings

and the Deputy CEO has

also attended meetings in

recent times in the capacity

of Treasurer.

Carnamah Factory

Units Management

Group

Note: This working group has two

community members. It meets rarely, as

required and is managed through the

administration.

No change in status. It may

be appropriate to close out

this working group

Cultivating Carnamah

Working Group

Note: This working group is retained and is

activated as necessary, although most

matters that arise are now of an

operational nature and are managed by

the administration. It covered the following

initiatives:

Toy Library

At the OCM on 20

February 2019, Council

approved the

establishment of a working

group (the Economic

Development Committee

Working Group) to


Education

Seniors

Youth

Job Creation

Tourism

investigate and pursue the

initiatives contained within

the economic development

plan

Economic

Development Working

Group

Note: At the OCM on 20 February 2019,

Council approved the establishment of a

working group (the Economic

Development Working Group) to

investigate and pursue the initiatives

contained within the economic

development plan.

Council did not define the structure of the

Working Group and so the CEO by default

has responsibility for this group and its

structure.

Expressions of interest

(EOI) were called by the

former CEO to be on this

group through the MAT 13

February 2019:

It would appear that

the Shire President

and Cr Bowman

submitted an EOI;

Staff members include

CEO, DCEO and the

Executive Officer

COMMENT

Terms of Reference

It would be appropriate for Council to consider the development of suitable terms of reference

for the Audit Committee at some point. Also, the establishment of working groups presented to

Council for approval should also have a terms of reference provided for consideration. A terms

of reference typically includes the following:

Element Comment (examples of what should be included)

Statutory Head of Power The Audit Committee needs to be aware under what legal authority it

has to exist. It is the only compulsory Committee of Council

Objective of the Audit

Committee

This section sets out the primary objective i.e. to assist with the effective

financial management of the organisation and to review how the Shire is

managing its risks, compliance and statutory obligations

Powers of the Audit

Committee

The Audit Committee reports to Council providing advice and

recommendations regarding its terms of reference. The specific

functions or responsibilities based on the appropriate legislation is listed

in this section*

Membership (including

roles and

responsibilities)

The Audit Committee consists of All of Council. However, membership

can be expanded to include an appropriately qualified community

member. The CEO and staff cannot be members, but are required to

provide advice and support

Meetings The Audit Committee to meet quarterly. This is because the CEO is

required to do a quarterly review around the Shire’s risks under the

Shire’s Risk Governance Framework and report updates to the Audit

Committee.


Reporting Ideally, the outcomes and recommendations from the Audit

Committee meeting should be presented at the next ordinary

meeting of Council

Document Control Having the version control in place regarding the currency of a

document is good governance

Appendix Details the actual regulations regarding the Audit Committee’s

responsibilities

*Note to Powers of the Audit Committee

In summary the responsibilities of the Audit Committee under the Audit Regulations are:

1. Review the Annual Compliance Audit Return and to report the results to Council

2. To guide and assist the Shire regarding Part 6 of the Act (financial management)

concerning matters relating to financial management, but cannot undertake those

responsibilities directly attributable to the CEO.

3. To guide and assist the Shire regarding the External Audits (Annual and Interim),

Performance Audits and other Special Audits.

4. To review the CEO’s report Regarding the Regulation 17 Review (Risks, Internal Controls

and Compliance).

5. To monitor and advise the CEO when conducting the three yearly Regulation 17 Review

and the three yearly Financial Systems Management Review (previously four yearly).

6. To support the auditor to conduct an audit.

7. To oversee the implementation of any action that arises from the external audits, the

Regulation 17 Review and the Financial Systems Review.

8. Perform any other function conferred by another law.

9. The Audit Committee is not required to assist with the Budget Review. However, it may be

prudent to do so.

CONSULTATION Senior Management Team STATUTORY ENVIRONMENT

The Local Government Act enables councils (section 5.8 of the Act) to form committees to assist it with its functions. Committee members can include elected members, employees and members of the public in a variety of combinations. Committees can operate with council delegated decision making powers or solely on an advisory basis. Advisory committees where members are drawn from both council and the community give the community a significant opportunity to provide input into the council’s decision making meeting process. Committees must be appointed by an absolute majority.

STRATEGIC IMPLICATIONS (Community Strategic Plan 2017-2022)

Civic Leadership

Objective 4: To be a professional, customer focussed organisation, which


effectively engages (with) the community to determine strategic direction,

responsibly manages the organisation’s assets and financial resources,

is a strong advocate for the community.

Strategies to Achieve Civic Leadership Outcomes

Communications

2. To improve communications between Council and the community; and to

disseminate information.

POLICY IMPLICATIONS

Nil


Nil

VOTING REQUIREMENT

Absolute Majority


Moved: Cr Wooltorton Seconded: Cr Risinger That Council appoints the following persons to the Committees of Council and the respective Management Groups and Working Groups:

COMMITTEE / WORKING GROUP MEMBERSHIP ----------------------------------------------------------------------------------------------------------------------------- Audit Committee All of Council ----------------------------------------------------------------------------------------------------------------------------- Carnamah Single Units Management Group Councillors (2): Cr ________________ Unfilled – no longer required Cr ________________

Officer: DCEO Other: Homeswest Representative ----------------------------------------------------------------------------------------------------------------------------- Carnamah Aged Persons Management Group Councillors (2): Cr _________________ Unfilled – no longer required Cr _________________ Officer: DCEO Other: Homeswest Representative ----------------------------------------------------------------------------------------------------------------------------- Winchester Cemetery Working Group Carnamah: Cr Wooltorton Chief Executive Officer Community Members x 3


Coorow: Cr ______________ (specify if appropriate) Manager of Works and Services Community Member x 1 ----------------------------------------------------------------------------------------------------------------------------- Carnamah/Eneabba Volunteer Fire Brigade Council Representatives (2): Cr Risinger (Eneabba) Cr Risinger (Carnamah) Officer: CEO Other: Chief Bush Fire Control Officer Deputy Bush Fire Control Officers FESA Liaison Officer Brigade Captain – Carnamah Brigade Captain - Eneabba Fire Weather Officer (Eastern) Fire Weather Officer (Western) Manager of Works and Services Beekeeper Representative; and DEC Representative (2) ----------------------------------------------------------------------------------------------------------------------------- Carnamah Factory Units Management Group Councillor: Cr Risinger Officer: DCEO Community Members (3) ----------------------------------------------------------------------------------------------------------------------------- Cultivating Carnamah Working Group Councillor: Cr ______________ Officer: CEO Unfilled – no longer required Community Member (Toy Library) Community Member (Education) Community Member (Seniors) Community Member (Youth) Community Member (Job Creation) Community Member (Tourism)

CARRIED BY ABSOLUTE MAJORITY 5-0


10.3 CONFIDENTIAL REPORTS

10.3.1 Motion to close the meeting to the public – consideration of Confidential Reports

Applicant: N/A


File Ref: N/A



Author: Jennie Benson - Executive Officer

Attachments: Nil

BACKGROUND Item 10.3.2 of the Agenda of 20 November 2019, deals with matters affecting Council, of which the meeting may be closed to the public.

COMMENT Nil

STATUTORY ENVIRONMENT Local Government Act 1995 Section 5.23 (2) (a) (c) (d) (e) Meetings generally open to the public. STRATEGIC IMPLICATIONS

Nil

POLICY IMPLICATIONS

Nil

VOTING REQUIREMENT

Simple Majority

Council Resolution 20191109 Item 10.3.1

Moved: Cr Bowman Seconded: Cr Risinger

That the meeting be closed to the public to consider Confidential Item 10.3.2 of the 20 November 2019 Agenda.

CARRIED 5-0

4:17pm Mr Sean Fletcher, Mr Ian Walsh, Mr Phil Casbolt, Mr Grant Fidock, and Ms Jennie Benson left the meeting.


10.3.2 CONFIDENTIAL ITEM

File: Acting Chief Executive Officer – Contract of Employment Date: 15 November 2019 Author: Shire President and Deputy President VOTING REQUIREMENT Simple Majority

Council Resolution 20191110 Item 10.3.2

Moved: Cr Risinger Seconded: Cr Wooltorton

1. In accordance with the Contract of Employment between the Shire of Carnamah and the Acting Chief Executive Officer, Mr Sean Kelleher Fletcher, Termination by the Local Government at Will Clause 11.2.2, Council advise Mr Fletcher on the 20 November 2019 that his Contract of Employment as Acting Chief Executive Officer will terminate on Friday 20 December 2019.

2. Request the Acting Chief Executive Officer, Mr Fletcher, to prepare a written

handover for the incoming Chief Executive Officer, Mr Vincent Fordham Lamont.

3. Endorse the appointment of Deputy Chief Executive Officer, Mr Ian Walsh, as the Acting Chief Executive Officer for the period 21 December 2019 until 19 January 2020.

CARRIED 5-0


10.3.3 Motion to re-open the meeting

Applicant: N/A


File Ref: N/A



Author: Jennie Benson - Executive Officer

Attachments: Nil


Council Resolution 20191111 Item 10.3.3 Moved: Cr Risinger Seconded: Cr Wooltorton That the meeting be re-opened to the public.

CARRIED 5-0

4:21pm Mr Sean Fletcher, Mr Ian Walsh, Mr Phil Casbolt, Mr Grant Fidock, and Ms Jennie Benson returned to the meeting. 4:22pm The Shire President and Mr Sean Fletcher left the meeting. Mr Sean Fletcher was advised by the Shire President of the Council Resolution regarding Item 10.3.2. 4:23pm The Shire President and Mr Sean Fletcher returned to the meeting.


11. ORDERING THE COMMON SEAL

11.1 Ordering the Common Seal

Applicant: N/A


File Ref: ADM0216



Author: Ian Walsh – Deputy Chief Executive Officer

Attachments: Nil

BACKGROUND

Council has given final approval for the sale of land at 6 Bowman Street, Carnamah, which requires the Common Seal to be affixed to the Transfer of Land and Certificate of Title documents.

COMMENT

Nil STATUTORY ENVIRONMENT

Nil FINANCIAL IMPLICATIONS

Nil POLICY IMPLICATIONS

Policy 2.7 Shire of Carnamah Common Seal VOTING REQUIREMENT

Simple Majority

Council Resolution 20191112 Item: 11.1 Moved: Cr Wooltorton Seconded: Cr Kikeros That Council endorse the use of the Common Seal on the Transfer of Land and Certificate of Title documents related to the sale of land at 6 Bowman Street, Carnamah.

CARRIED 5-0


12. REPORTS OF COMMITTEES AND MEMBERS

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

14. NOTICE OF MOTIONS

(For consideration at the following meeting, if given during the meeting) 15. NEW BUSINESS OF AN URGENT NATURE ADMITTED BY COUNCIL

16. CLOSURE OF MEETING

There being no further business the meeting was closed at 4:31pm.

SHIRE OF CARNAMAH

These Minutes were confirmed at a meeting on 18 December 2019

……………………………………. Presiding Person at the Meeting

at which the Minutes were Confirmed

…………………………….. Date

minutes - carnamah.wa.gov.au · shire of carnamah ordinary meeting of council – minutes - 20...

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