ordinary meeting of council agenda...2016/01/25 · ordinary meeting of council agenda 25 january...

ORDINARY MEETING OF COUNCIL

AGENDA

25 JANUARY 2016

ORDINARY MEETING OF COUNCIL AGENDA 25 JANUARY 2016

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TABLE OF CONTENTS

1 DECLARATION OF OPENING ............................................................................................... 2

2 ACKNOWLEDGEMENT OF COUNTRY .............................................................................. 2

3 ATTENDANCE ........................................................................................................................... 2

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ....................... 3

5 PUBLIC QUESTION TIME ...................................................................................................... 3

6 APPLICATIONS FOR LEAVE OF ABSENCE ...................................................................... 3

7 PETITIONS, DEPUTATIONS OR PRESENTATIONS ......................................................... 3

8 DECLARATIONS OF CONFLICTS OF INTEREST ............................................................ 3

9 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING – AS

CIRCULATED ............................................................................................................................ 3

10 ANNOUNCEMENTS BY THE CHAIR ................................................................................... 4

11 REPORTS OF COMMUNITY SERVICES ............................................................................. 6

12 REPORTS OF CORPORATE & COMMERCIAL SERVICES ............................................ 7

CCS151 THE SWEARING IN OF A NEW COUNCILLOR ........................................................ 7 CCS152 RATES EXEMPTION – FOODBANK OF WESTERN AUSTRALIA

INCORPORATED. ..................................................................................................... 10 CCS153 RATES EXEMPTION – SUN CITY CHRISTIAN CENTRE INCORPORATED ......... 12 CCS154 STATEMENT OF FINANCIAL ACTIVITY TO 31 DECEMBER 2015 ....................... 14 CCS155 EXTERNAL MEMBER OF AUDIT COMMITTEE..................................................... 16

13 REPORTS OF DEVELOPMENT AND REGULATORY SERVICES ............................... 19

14 REPORTS OF INFRASTRUCTURE SERVICES ................................................................ 20

15 REPORTS OF OFFICE OF THE CEO .................................................................................. 21

CEO039 ENDORSEMENT OF NOMINATIONS TO MID WEST DEVELOPMENT

COMMISSION BOARD ............................................................................................. 21 CEO040 EASTxWEST FORUM 2016, SHENZHEN, CHINA APRIL 11-13, 2016. .................. 23

16 REPORTS TO BE RECEIVED ............................................................................................... 26

17 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN ........................................................................................................................................ 28

18 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN .............. 28

19 URGENT BUSINESS APPROVED BY PRESIDING MEMBER OR BY DECISION OF

THE MEETING ........................................................................................................................ 28

20 CLOSURE ................................................................................................................................. 28

APPENDIX 1 – ATTACHMENTS AND REPORTS TO BE RECEIVED ..................................... 29


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CITY OF GREATER GERALDTON

ORDINARY MEETING OF COUNCIL TO BE HELD ON MONDAY, 25 JANUARY 2016 AT 5.00PM

CHAMBERS, CATHEDRAL AVENUE

A G E N D A

DISCLAIMER: The Chairman advises that the purpose of this 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 Standing Orders Local Laws 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 Greater Geraldton 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.

1 DECLARATION OF OPENING

2 ACKNOWLEDGEMENT OF COUNTRY

I would like to respectfully acknowledge the Yamaji people who are the Traditional Owners and First People of the land on which we meet/stand. I would like to pay my respects to the Elders past, present and future for they hold the memories, the traditions, the culture and hopes of the Yamaji people.

3 ATTENDANCE

Present: Officers: Others: Members of Public: Members of Press: Apologies: Cr G Bylund Leave of Absence: Nil.


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4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil.

5 PUBLIC QUESTION TIME Questions provided in writing prior to the meeting or at the meeting will receive a formal response. Please note that you cannot make statements in Public Question Time and such statements will not be recorded in the Minutes. Our Local Laws and the Local Government Act require questions to be put to the presiding member and answered by the Council. No questions can be put to individual Councillors.

6 APPLICATIONS FOR LEAVE OF ABSENCE

Existing Approved Leave

Councillor From To (inclusive)

Cr L Freer 24 March 2016 24 April 2016

Cr T Thomas 27 January 2016 17 February 2016

Cr J Critch 8 March 2016 9 March 2016

Cr V Tanti 16 January 2016 24 January 2016

Cr B Hall requests leave of absence for the period 12 February 2016 to 19 February 2016 be approved.

7 PETITIONS, DEPUTATIONS OR PRESENTATIONS

8 DECLARATIONS OF CONFLICTS OF INTEREST

9 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING – as circulated RECOMMENDED that the minutes of the Ordinary Meeting of Council held on 15 December 2015, as previously circulated, be adopted as a true and correct record of proceedings.


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10 ANNOUNCEMENTS BY THE CHAIR Events attended by the Mayor or his representative

DATE FUNCTION REPRESENTATIVE

17 December 2015 Citizenship Ceremony Mayor Shane Van Styn

17 December 2015 Mayor’s Christmas Lights Tour Mayor Shane Van Styn

17 December 2015 Meeting with Kerry Jenkins – Discussing Disability Services in the Midwest

Mayor Shane Van Styn

18 December 2015 Presentation of Lottery West Grant Funding – Mountain Bike Trails Plan for the Chapman Valley Wildlife Corridor


18 December 2015 Art Exhibition – Fitzgerald Studio Mayor Shane Van Styn

19 December 2015 Georgiou Bridge Visit Mayor Shane Van Styn

19 December 2015 Attending cricket match - Phoebe Vlahov – 1

st Woman in Cricket A Grade


21 December 2015 CSRFF Grant Announcement – Spalding Park golf club


21 December 2015 Regular Catch up with Media & Marketing Mayor Shane Van Styn

21 December 2015 Regular Catch Up – Acting CEO Mayor Shane Van Styn

21 December 2015 Hon. Alan Tudge MP, Assistant Minister to the Prime Minister


21 December 2015 Salvation Army – review break in damage provide assistance


22 December 2015 Citizenship Ceremony Mayor Shane Van Styn

23 December 2015 Photo & Video Opportunity – Christmas message


25 December 2015 Sun City Christian Centre - Christmas luncheon


31 December 2015 Geraldton Mabuhay Cultural Association – New Year Celebration & Officer Induction


7 January 2016 Meet & Greet – Darren Beazley – CEO Swimming WA


8 January 2016 Astor Cruise Ship Visit – Plaque hand over Mayor Shane Van Styn

11 January 2016 Regular Catch up with Media & Marketing Team


11 January 2016 Regular Catch up with CEO Mayor Shane Van Styn

11 January 2016 ABC Radio Interview – Re: Karara Closure Mayor Shane Van Styn

12 January 2016 Meeting with Minister Redman - Point Moore


12 January 2016 Special Concept Forum Mayor Shane Van Styn

13 January 2016 Rotary Club of Geraldton-Greenough – Guest Speaker event


13 January 2016 Point Moore Residents Meeting – Inundation Study


14 January 2016 Regional Centres Development Plan Meeting


15 January 2016 LTFP & Budget Review with CEO Mayor Shane Van Styn

15 January 2016 Australia Day Schedule discussion Mayor Shane Van Styn

15 January 2016 Councillor Election – Tarcoola Ward Mayor Shane Van Styn

16 January 2016 Strategic Workshop & Mid Year Budget review


18 January 2016 Regular Catch Up – Media & Marketing Mayor Shane Van Styn

18 January 2016 Regular Catch Up – CEO Mayor Shane Van Styn

18 January 2016 Individual Citizenship Ceremony Mayor Shane Van Styn


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19 January 2016 Meet & Greet – David Bedbrook re: Deepdale estate


19 January 2016 ABC Radio Interview – Re: Playgrounds Mayor Shane Van Styn

19 January 2016 Meeting with Phil Melling: Foodbank Site Complaint


19 January 2016 Swearing in and Declaration of Office – Tarcoola Ward – Natasha Colliver


19 January 2016 Agenda Forum Mayor Shane Van Styn

20 January 2016 ABC Radio Interview – Re: Cashless Welfare Card


20 January 2016 Catch up – Deputy Mayor Neil McIlwaine Mayor Shane Van Styn

20 January 2016 Meeting with Wayne Harris – Extended Trading Hours – Northgate


20 January 2016 Meeting with CEO – Capital Works Priorities


21 January 2016 Fringe World VIP Launch Mayor Shane Van Styn

23 January 2016 Strategic workshop & Mid Year Budget Review


24 January 2016 Youth Precinct Sneak Peek Mayor Shane Van Styn

25 January 2016 Public Catch Up – Two Foreshore Mayor Shane Van Styn

25 January 2016 Seniors Bowls – QE2 Centre Mayor Shane Van Styn

25 January 2016 Regular Catch Up – Media & Marketing Mayor Shane Van Styn

25 January 2016 Regular Catch Up – CEO Mayor Shane Van Styn

25 January 2016 Australia Day Afternoon Tea – Rob Isaacs at Bundiyarra


25 January 2016 Ordinary Meeting of Council Mayor Shane Van Styn


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11 REPORTS OF COMMUNITY SERVICES Nil.


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12 REPORTS OF CORPORATE & COMMERCIAL SERVICES

CCS151 THE SWEARING IN OF A NEW COUNCILLOR

AGENDA REFERENCE: D-16-78907 AUTHOR: M Adam, Governance Advisor EXECUTIVE: B Davis , Director Corporate &

Commercial Services DATE OF REPORT: 23 December 2015 FILE REFERENCE: GO/6/0002 APPLICANT / PROPONENT: The City of Greater Geraldton ATTACHMENTS: No

EXECUTIVE SUMMARY: Subsequent to the election of Cr Van Styn as Mayor on 17 October 2015 and pursuant to section 2.32 (f) and Division 4 of the Local Government Act 1992 the City was required to hold an extraordinary election to fill the office of councillor for the Tarcoola Ward. The extraordinary election was held on 15 January 2016 and the newly elected councillor is required to take the oath or affirmation of allegiance and make a declaration in the prescribed form before acting in the office to which they have been elected. EXECUTIVE RECOMMENDATION: That Council by Simple Majority, in relation to the extraordinary election, as carried out under Local Government Act 1995 section 2.32 and section 4.8 RESOLVES to:

1. AFFIRM that the requirement set under S 2.29 (Oath or affirmation of allegiance and declaration ) of all new councillors has been done: a. Tarcoola Ward Cr Colliver For the remainder of the 2 year term (expiring 2017)

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: Mayor Van Styn was elected as Mayor of the City of Greater Geraldton at the Ordinary Election on 17 October 2015. Pursuant to section 2.32 (f) of the Local Government Act 1995 (the Act) the office of Mayor Van Styn as councillor of the Tarcoola Ward became vacant.

2.32. How extraordinary vacancies occur in offices elected by electors

The office of a member of a council as an elector mayor or president or as a

councillor becomes vacant if the member —

(a) dies; or

(b) resigns from the office; or

(c) does not make the declaration required by section 2.29(1) within

2 months after being declared elected to the office; or


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(d) advises or accepts under section 2.27 that he or she is disqualified,

or is declared to be disqualified by the State Administrative Tribunal

acting on an application under section 2.27; or

(da) is disqualified by an order under section 5.113, 5.117 or 5.119 from

holding office as a member of a council; or

(e) becomes the holder of any office or position in the employment of

the local government; or

(f) having been elected to an office of councillor, is elected by the

electors to the office of mayor or president of the council. Pursuant to Division 4 of the Act the City therefore conducted an extraordinary election to fill the office.

Division 4 — Extraordinary elections

4.8. Extraordinary elections

(1) If the office of a councillor or of an elector mayor or president becomes

vacant under section 2.32 an election to fill the office is to be held.

ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: Extraordinary elections of Council are conducted in accordance with the Local Government Act 1995, and newly elected representatives are required to undertake an oath or affirmation of allegiance, and make a declaration. COMMUNITY/COUNCILLOR CONSULTATION: The vacancy in the extraordinary election has been filled through the electoral process run by the Electoral Commission of WA on the 15 January 2016. LEGISLATIVE/POLICY IMPLICATIONS: The extraordinary election for the Tarcoola Ward FINANCIAL AND RESOURCE IMPLICATIONS: There are no financial or budget implications


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INTEGRATED PLANNING LINKS:

Title: Governance Policy and Planning

Strategy 5.2.7

Ensuring efficient and effective delivery of service

REGIONAL OUTCOMES: The Councillors are required to work for the good of the region. RISK MANAGEMENT: It is a statutory requirement under section 2.29 Local Government Act 1992 for councillors to take the oath or affirmation of allegiance and make a declaration in the prescribed form before acting in the office. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS Extraordinary elections must be conducted in accord with the Local Government Act 1995. There were no alternative options considered.


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CCS152 RATES EXEMPTION – FOODBANK OF WESTERN AUSTRALIA INCORPORATED.

AGENDA REFERENCE: D-15-78912 AUTHOR: S Russell, Senior Rates Coordinator EXECUTIVE: B Davis, Director Corporate and

Commercial Services DATE OF REPORT: 4 December 2015 FILE REFERENCE: RV/4/0003 APPLICANT / PROPONENT: Foodbank of Western Australia Inc. ATTACHMENTS: Yes (x1)

EXECUTIVE SUMMARY: Foodbank of Western Australia Inc. made a written request to Council on 23 November 2015 for their lease premises at Lot 19 Box Street, Webberton to be deemed as ‘non-rateable’ land by reason of Section 6.26(2)(g) of the Local Government Act 1995 (“LGA”) (being land used exclusively for charitable purposes) and therefore exempt from paying rates. EXECUTIVE RECOMMENDATION; That Council by Simple Majority under Section 6.26(2)(g) of the Local Government Act 1995:

1. APPROVE a rates exemption for Foodbank of Western Australia Inc. on the property situated at Lot 19 Box Street, Webberton on the basis that the property is being used exclusively for a charitable purpose.

PROPONENT: The proponent is Foodbank of Western Australia Incorporated. BACKGROUND: Foodbank of Western Australia Incorporated is a not for profit benevolent organisation established to assist people within the community suffering destitution or crisis. The object of the Association is to utilise food that is unsaleable, but fit for human consumption for the benefit of those in need, operate as a food distribution centre accepting products from Commercial Participants and holding them for withdrawal by Welfare Groups at no cost to the Member for the product except for a handling fee which is set from time to time by the board. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: The recommendation reduces costs of the charitable organisation and therefore provides them with greater resources that can be used to advance their charitable purposes.


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Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: This Council and its predecessor Councils have previously approved rate exemptions for properties utilised exclusively for charitable purposes, consistent with Section 6.26 or the Local Government Act. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 6.26 of the Local Government Act provides broad definitions for rateable and non-rateable land. Section 6.26(2)(g) states that land is not rateable if it is “used exclusively for charitable purposes”. FINANCIAL AND RESOURCE IMPLICATIONS: The annual value of the exemption based on the 2015/16 rates billing is estimated to be $5,038.76. INTEGRATED PLANNING LINKS:

Title: Governance Planning and Policy

Strategy 5.2.7 Ensuring efficient and effective delivery of service.

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT Council by not approving the application for rate exemption may be required to defend its decision if the matter were to be appealed by the applicant to the State Administrative Tribunal and that legal costs may be incurred as a result. ALTERNATIVE OPTIONS CONSIDERED Council may decline the application for rate exemption on the basis that it considers Foodbank of Western Australia Incorporated is not providing a charitable purpose to the community or that such charitable use relating to the property is not considered an exclusive use, but this is not the case.


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CCS153 RATES EXEMPTION – SUN CITY CHRISTIAN CENTRE INCORPORATED

AGENDA REFERENCE: D-15-78914 AUTHOR: S Russell, Senior Rates Coordinator EXECUTIVE: B Davis, Director Corporate and

Commercial Services DATE OF REPORT: 4 December 2015 FILE REFERENCE: RV/4/0003 APPLICANT / PROPONENT: Sun City Christian Centre Incorporated ATTACHMENTS: Yes (x2)

EXECUTIVE SUMMARY: Sun City Christian Centre Incorporated made a written request to Council on 20 November 2015 for their property at 14 Assen Street, Karloo to be deemed as ‘non-rateable’ land by reason of Section 6.26(2)(g) of the Local Government Act 1995 (“LGA”) (being land used exclusively for charitable purposes) and therefore exempt from paying rates. EXECUTIVE RECOMMENDATION: That Council by Simple Majority under Section 6.26(2)(g) of the Local Government Act 1995:

1. APPROVE a rates exemption for Sun City Christian Centre

Incorporated on the property situated at 14 Assen Street, Karloo on the basis that the property is being used exclusively for a charitable purpose.

PROPONENT: The proponent is Sun City Christian Centre Incorporated BACKGROUND: Sun City Christian Centre is a not for profit benevolent organisation which offers a wide range of pastoral care to the community in their new multiple use facility. Services on offer to the community for little or no cost are Children’s Ministries, Programs for Youth, Young Adults, Community playgroup, Seniors connecting, connect group, worship services. Sun city Care Incorporated is housed within the main structure and provide food parcels five days per week, Mobile Soup Van, Restored Clothing, Shower facilities and free clothing to assist those in need. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: The recommendation reduces costs of the charitable organisation and therefore provides them with greater resources that can be used to advance their charitable purposes.


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Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: This Council and its predecessor Councils have previously approved rate exemptions for properties utilised exclusively for charitable purposes, consistent with Section 6.26 or the Local Government Act. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 6.26 of the Local Government Act provides broad definitions for rateable and non-rateable land. Section 6.26(2)(g) states that land is not rateable if it is “used exclusively for charitable purposes”. FINANCIAL AND RESOURCE IMPLICATIONS: The annual value of the exemption based on the 2015/16 rates billing is estimated to be $7,930.72. INTEGRATED PLANNING LINKS:


Strategy 5.2.7 Ensuring efficient and effective delivery of service.

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT Council by not approving the application for rate exemption may be required to defend its decision if the matter were to be appealed by the applicant to the State Administrative Tribunal and that legal costs may be incurred as a result. ALTERNATIVE OPTIONS CONSIDERED Council may decline the application for rate exemption on the basis that it considers Sun City Christian Centre Incorporated is not providing a charitable purpose to the community or that such charitable use relating to the property is not considered an exclusive use, but this is not the case.


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CCS154 STATEMENT OF FINANCIAL ACTIVITY TO 31 DECEMBER 2015

AGENDA REFERENCE: D-16-02182 AUTHOR: M Jones, Financial Business Planner EXECUTIVE: B Davis, Director Corporate &

Commercial Services DATE OF REPORT: 11 January 2016 FILE REFERENCE: FM/17/0001 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x1)

EXECUTIVE SUMMARY: The attached financial reports provide a comprehensive report on the City’s finances to 31 December 2015. The statements include no matters of variance considered to be of concern. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Regulation 34 of the Local Government (Financial Management) Regulations 1996 RESOLVES to:

1. RECEIVE the December 2015 monthly financial activity statements as attached.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The financial position at the end of December is detailed in the attached report and summarised as follows relative to year-to-date budget expectations: Operating Income $103,145 0.2% Positive Variance Operating Expenditure $665,255 -1.7% Negative Variance Net Operating $562,110 Capital Expenditure $200,123 0.6% Positive Variance Capital Revenue $437,599 21.0% Positive Variance Cash at Bank – Municipal $13,026,296 Cash at Bank – Reserve $16,878,544 Total Funds Invested $27,966,685 Net Rates Collected 83.87%

The attached report provides explanatory notes for items greater than 10% or $50,000. This commentary provides Council with an overall understanding of how the finances are progressing in relation to the adopted budget.


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The financial position represented in the December financials shows a negative variance of $562,110 in the net operating result. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: Council is provided with financial reports each month. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 require that as a minimum Council is to receive a Statement of Financial Activity. FINANCIAL AND RESOURCE IMPLICATIONS: Any issues in relation to expenditure and revenue allocations or variance trends are identified and addressed each month. INTEGRATED PLANNING LINKS:


Strategy 5.2.7 Ensuring efficient and effective delivery of service

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT There are no risks to be considered. ALTERNATIVE OPTIONS CONSIDERED There are no alternative options to consider.


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CCS155 EXTERNAL MEMBER OF AUDIT COMMITTEE

AGENDA REFERENCE: D-16-00917 AUTHOR: Margot Adam, Governance Advisor EXECUTIVE: B Davis, Director Corporate and

Commercial Services DATE OF REPORT: 6 January 2016 FILE REFERENCE: GO/11/0020 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: No

EXECUTIVE SUMMARY: This report seeks Council approval to re- appoint an external member to the Audit Committee in accordance with section 3 of the City of Greater Geraldton Audit Committee Charter.

EXECUTIVE RECOMMENDATION; That Council by Absolute Majority in accordance with section 7.1A (2) of the Local Government Act 1995 RESOLVES to:

1. RE-APPOINT Travis Bate as an independent member of the Audit Committee for the period ending on the next ordinary election day of the Council.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The City of Geraldton Audit committee charter 2015 section 3.1 details the membership requirements of the Audit Committee;

3.1 The committee will consist of four members with three elected and one external person. All members will have full voting rights.

3.3 Appointment of external persons shall be made by Council by way of public

advertisement and be for a maximum term of two years. The terms of appointment shall be aligned to the biennial council election cycle.

On 22 April 2014 (CCS043) Council appointed Travis Bate as an independent member of the Audit Committee for a term of two years from 22 April 2014 pursuant to section 3.3.5 of the 2014 Audit Committee Charter which made provision for re appointment:

3.3.5 External members shall be appointed for a two (2) year term and are eligible to be reappointed after the expiry of their terms. The terms of appointment shall be aligned to the biennial council election cycle.

On 17 October 2015 the Audit Committee was dissolved following the Ordinary Election of Council and pursuant to section 5.11 (2) of the Local Government Act 1992 Mr Bates membership of the committee ceased.

5.11 (2) Where a person is appointed as a member of a committee other than under

section 5.10(4) or (5), the persons membership of a Committee continues until-


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(a) the term of the persons appointment as a committee member expires; or

(b) the local government removes the person from the office of committee

member of the office of committee member otherwise become vacant; or

(c) the committee is disbanded; or

(d) the next ordinary election day, whichever happens first.

The Audit Committee was subsequently re-established by Council Resolution CEO037 on 24 November 2015, following the ordinary election of Council. The re-appointment of Mr Bate as an external member of the Audit Committee, consistent with clause 3.3.5 of the Committee Charter, ensures that the Committee maintains an external member and aligns the appointment period with the timing of ordinary elections of Council, as required by the Charter. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: Appointment of an external member of the Audit Committee is consistent with the requirements of the legislation, as previously resolved by Council. COMMUNITY/COUNCILLOR CONSULTATION: There has been no Community/ Councillor Consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 7.1A.(2) of the Local Government Act 1995 relates to appointment of members to a Local Government Audit Committee. Section 5.9 – 5.11 relates to Council Committees and Section16 of the Local Government (Audit) Regulations 1996 describes the functions of an Audit Committee. FINANCIAL AND RESOURCE IMPLICATIONS: There are no financial or resource implications.


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Title: Governance Inclusive civic and community engagement and leadership

Strategy 5.2.7 Ensuring efficient and effective delivery of service

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT Re- appointment of a qualified and experienced senior Certified Practicing Accountant or Chartered Accountant will assist the Audit Committee in discharging its duties in accordance with the Local Government Act 1995 and with reference to the Department of Local Government Guidelines no 9 (revised September 2013) - Audit in Local Government -The appointment, function and responsibilities of Audit Committees. ALTERNATIVE OPTIONS CONSIDERED The alternative option of re-appointing Mr Bate only for a residual period for completion of a maximum 2 year appointment, based on date of his first appointment expiring in April 2016 was considered, but was discounted as being inconsistent with the intent of Council per its adopted Audit Committee Charter of aligning the external member appointment with the dates of ordinary elections of Council. Reappointment of Mr Bate by Council is consistent with clause 3.3.5 of the Audit Committee Charter, and is in compliance with Council’s procurement policy. This report notes that the process which led to the initial appointment of Mr Bate involved a publicly advertised call for expressions of interest from professionally qualified persons interested in serving on the Council’s Audit Committee. Mr Bate was the sole respondent. Continuity of his membership, for at least another term, will provide continuity of knowledge regarding Council finances and financial management accumulated during his first term.


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13 REPORTS OF DEVELOPMENT AND REGULATORY SERVICES Nil.


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14 REPORTS OF INFRASTRUCTURE SERVICES Nil.


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15 REPORTS OF OFFICE OF THE CEO

CEO039 ENDORSEMENT OF NOMINATIONS TO MID WEST DEVELOPMENT COMMISSION BOARD

AGENDA REFERENCE: D-16-04660 AUTHOR: K Diehm, Chief Executive Officer EXECUTIVE: K Diehm, Chief Executive Officer DATE OF REPORT: 22 January 2016 FILE REFERENCE: GO/7/0007 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x3)

EXECUTIVE SUMMARY: The purpose of this report is to seek Council’s endorsement of the elected member nominations to the Mid West Development Commission Board. EXECUTIVE RECOMMENDATION: That Council by Simple Majority in accordance with Section 5.20 of the Local Government Act 1995 RESOLVES to:

1. ENDORSE the nominations for vacancies on the Mid West Development Commission for the following elected members: a. Mayor S Van Styn; and b. Deputy Mayor N McIlwaine.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The Mid West Development Commission (MWDC) has one vacancy on its Board and is inviting nominations from local governments within the Mid West Development catchment area to fill the vacancy. The closing date for nominations from Local Government Councillors is close of business 4 March 2016 and the term is likely to be for a period of three to four years. The MWDC has advised that Council endorsement is required for any elected member who wished to nominate for a position on the Board and as such this item is to provide that endorsement. Elected members are still required to complete the nomination forms provided by the Commission. It is considered appropriate that both the Mayor and Deputy Mayor be endorsed by Council should they wish to nominate. The Council, at its discretion can choose to endorse additional Councillors who may have an interest.


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ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: Nominations were endorsed by Council for Cr T Thomas and the previous Mayor, Ian Carpenter, in October 2012 - OP0018. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: There are no legislative or policy implications. FINANCIAL AND RESOURCE IMPLICATIONS: There are no financial and budget implications for the City as the elected member is paid directly by the Commission. INTEGRATED PLANNING LINKS:

Title: Governance Advocacy and Partnerships

Strategy 5.3.1

Active participation in regional, state and national alliances such as the western Australian regional Capitals Alliance and Regional Capitals Australia.

REGIONAL OUTCOMES: Representation on the Board of the Mid West Development Commission will provide benefits for the region. RISK MANAGEMENT There no immediate risks associated with the recommendation. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS No alternative options were considered by City Officers.


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CEO040 EASTxWEST FORUM 2016, SHENZHEN, CHINA APRIL 11-13, 2016.

AGENDA REFERENCE: D-16-04731 AUTHOR: K Diehm, Chief Executive Officer EXECUTIVE: K Diehm, Chief Executive Officer DATE OF REPORT: 22 January 2016 FILE REFERENCE: ED/2/0005 APPLICANT / PROPONENT: City of Geraldton ATTACHMENTS: No

EXECUTIVE SUMMARY: The purpose of this report is to seek approval for the Mayor to attend the EASTxWEST Forum to be held in Shenzhen China from 11 to 13 April 2016. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Section 3.1 of the Local Government Act 1995 RESOLVES to:

1. AUTHORISE the attendance of Mayor S Van Styn to the EASTxWEST Forum to be held in Shenzhen China from 11 to 13 April 2016.

PROPONENT: The proponent is the City of Greater Geraldton BACKGROUND: The Mayor has been formally invited to the EASTxWEST Forum 2016, held in Shenzhen, China between April 11-13, 2016. Event partners include the Pilbara Regional Council, the Pilbara Development Commission, the Kimberley Regional Group, the Australia China Business Council (WA) and the China-Australia Chamber of Commerce in Beijing. Additionally negotiations are underway to formalise a request from the China Public Diplomacy Association in Beijing to join the group. Major sponsors include Commonwealth Bank of Australia, RSM Australia and Curtin University, and sponsors included Singapore Airlines, Finbar Group and Pardoo Beef Corporation. The Forum is centred around five streams; cultural exchange, education, investment, tourism, and migration. It will also include a site visit to the successful Shenzhen Special Economic Zone, arranged by event partners AustCham Beijing and their South China branch. Registration is open to February 19, and an early bird price of $1,500 is available in limited numbers. The tickets are heavily subsidised by sponsorships and Singapore Airlines sponsorship discount as our airline of choice. The registration is an all-expenses covered package (flights, accommodation, catering, transfers, social dinners).


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The MWDC has also requested the attendance of the City’s Economic Development Officer Han Jie Davis to represent the City and provide translation services, and has agreed to meet all expenses. I have agreed to this request subject to Ms Davis’s work commitments and availability. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: The attendance of the Mayor provides the City with an opportunity to network with Chinese businesses and government officials to explore opportunities for economic exchange. Social: The Mayor’s attendance provided the City with an opportunity to strengthen social and cultural relationships with the Chinese businesses and government officials. Environmental: There are no environmental impacts. Cultural & Heritage: The Mayor’s attendance provided the City with an opportunity to strengthen social and cultural relationships with the Chinese businesses and government officials. RELEVANT PRECEDENTS: The City has sent numerous delegations to China in the past and these have had considerable benefit in advancing, cultural, social and economic exchange between China and the Midwest. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: There are no legislative or policy implications. Council Policy CP028 requires the travel to be approved by Council. FINANCIAL AND RESOURCE IMPLICATIONS: If the City is able to secure an “early bird” offer the total cost for the Mayors attendance is $1,500 plus return transfers between Geraldton and Perth. If we are unable to secure the “early bird offer” then the total cost is $2,300 plus return transfers between Geraldton and Perth. Funds are available within the Council’s budget.


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Title: Governance Advocacy and Partnerships

Strategy 5.5.3

Partnering with key international communities through Sister City partnerships and Strategic Alliances.

REGIONAL OUTCOMES: The invitation to partner with Pilbara Regional Council, the Pilbara Development Commission, the Kimberley Regional Group, the Australia China Business Council (WA) provides an opportunity to work towards regional economic benefits. RISK MANAGEMENT There are no risks associated with the recommendation. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS City Officers considered the non-attendance of the Mayor but given the relatively small nature in costs, this option was discounted.


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16 REPORTS TO BE RECEIVED

REPORTS TO BE RECEIVED

AGENDA REFERENCE: D-16-01994 AUTHOR: K Diehm, Chief Executive Officer EXECUTIVE: K Diehm, Chief Executive Officer DATE OF REPORT: 11 January 2016 FILE REFERENCE: GO/6/0012-04 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes

EXECUTIVE SUMMARY: To receive the Reports of the City of Greater Geraldton. EXECUTIVE RECOMMENDATION: PART A That Council by Simple Majority pursuant to Section 5.22 of the Local Government Act 1995 RESOLVES to

1. RECEIVE the following appended reports: a. Reports – Development & Regulatory Services:

i. DRS243 – City’s Delegation to China Trip 6 -16 October 2015;

ii. DRS244 – Batavia Local Emergency Management Committee Meeting Minutes – 3 December 2015; and

iii. DRSDD106 – Delegated Determinations & Subdivision Applications.

PART B That Council by Simple Majority, pursuant to Sections 5.13 and 34 of the Local Government (Financial Management) Regulations 1996 RESOLVES to:

1. RECEIVE the following appended reports: a. Reports – Corporate and Commercial Services:

i. CCS156 – Community Grants Round 17 Minutes; and ii. CCS157 - Confidential Report – List of Accounts Paid

Under Delegation to 31 December 2015. PROPONENT: The proponent is the City of Greater Geraldton BACKGROUND: Information and items for noting or receiving (i.e. periodic reports, minutes of other meetings) are to be included in an appendix attached to the Council agenda. Any reports received under this Agenda are considered received only. Any recommendations or proposals contained within the “Reports (including Minutes) to be Received” are not approved or endorsed by Council in


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anyway. Any outcomes or recommendations requiring Council approval must be presented separately to Council as a Report for consideration at an Ordinary Meeting of Council. COMMUNITY/COUNCILLOR CONSULTATION: Not applicable. LEGISLATIVE/POLICY IMPLICATIONS: Not applicable.


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17 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

18 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

19 URGENT BUSINESS APPROVED BY PRESIDING MEMBER OR BY DECISION OF THE MEETING

20 CLOSURE


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APPENDIX 1 – ATTACHMENTS AND REPORTS TO BE RECEIVED Attachments and Reports to be Received are available on the City of Greater Geraldton website at: http://www.cgg.wa.gov.au/council-meetings/

http://www.cgg.wa.gov.au/council-meetings/

ordinary meeting of council agenda...2016/01/25 · ordinary meeting of council agenda 25 january...

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