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CITY OF BAYSWATER MINUTES FOR THE SPECIAL MEETING OF COUNCIL 19 December 2016

Council (Special) Meeting Standard Minutes 19122016.pdf · Minutes of the Special Meeting of the Bayswater city Council which took place in the Council ... Daedalus and his son Icarus

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CITY OF BAYSWATER

MINUTES

FOR THE

SPECIAL MEETING

OF COUNCIL

19 December 2016

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

Page 2

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1. OFFICIAL OPENING 3

1.1 Traditional Owners Welcome 3

1.2 Declaration of Due Consideration 3

2. RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED) 3

2.1 Attendance, Apologies and Absence 3

3. PUBLIC QUESTION TIME 4

4. DEPUTATIONS 5

5. LEAVE OF ABSENCE 5

5.1 Leave of Absence (Previously Approved) 5

5.2 Application for Leave of Absence 5

6. DISCLOSURE OF INTEREST SUMMARY 5

7. PETITIONS 5

8. GENERAL BUSINESS 6

8.1 Donation Request - Hellenic Ekhos - Daedalus Project - Fringe Festival 2017 6 Confidential Attachment

8.2 Recruitment of Chief Executive Officer 15 Confidential Report

9. CLOSURE 18

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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CITY OF BAYSWATER Minutes of the Special Meeting of the Bayswater city Council which took place in the Council chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Monday, 19 December 2016.

MINUTES

1. OFFICIAL OPENING

1.1 Traditional Owners Welcome The Chairperson Cr Barry McKenna, Mayor, respectfully acknowledged the past, present and future traditional owners of this land on which we are meeting, the Nyoongar people.

The Chairperson, Cr Barry McKenna, Mayor, welcomed those in attendance and declared the meeting open for the special business of Council at 6.35pm Notice is hereby given that the Ordinary Council Meeting will be audio recorded in accordance with the resolution of Council of 17 May 2016.

Persons are not permitted to record (visual or audio) at the Council meeting without prior approval of the Council.

1.2 Declaration of Due Consideration The Chairperson read the Declaration of Due Consideration and all Councillors present raised their hands to indicate that due consideration was given to all matters contained in the Agenda.

2. RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

2.1 Attendance, Apologies and Absence Members Central Ward Cr Barry McKenna, Mayor Chairperson Cr Chris Cornish Cr Sally Palmer West Ward Cr Stephanie Coates, Deputy Mayor Cr Dan Bull South Ward Cr Catherine Ehrhardt North Ward Cr Alan Radford Officers Ms Carissa Bywater A/Chief Executive Officer Ms Jo Sadler Director Community Services Mr Des Abel Director Planning and Development Services Mr Kelley Ambrose A/Director Finance and Corporate Services Ms Vicki Coles Governance Advisor

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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Ms Danica Kay Governance Support Officer Ms Fiona Dent PA/Director Community Services Observers Press - 0 Public - 0 Mr Peter Casey Beilby Recruitment Leave of Absence Cr Terry Kenyon, JP (from 1 December 2016 - 5 January 2017 inclusive) Apologies Cr John Rifici Cr Brent Fleeton Cr Michelle Sutherland Mr Doug Pearson Director Technical Services Mr George Rimpas A/Director Technical Services

3. PUBLIC QUESTION TIME

The following questions were submitted both in writing and verbally: In accordance with section 5.24(2) of the Local Government Act 1995, time is allocated for questions to be raised by members of the public, as follows:

(1) The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.

(2) Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in sub regulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.

Pursuant to regulation 7(4)(a) of the Local Government (Administration) Regulations 1996, questions from the public must relate to a matter affecting the local government. In accordance with section 5.25 (1) (f) of the Local Government Act 1995 and the Local Government (Administration) Regulations 1996 regulation 11 (e) a summary of each question raised by members of the public at the meeting and a summary of the response to the question will be included in the minutes of the meeting. Where a question is taken on notice at the meeting, in accordance with clause 5.6(7)(b) of the City of Bayswater Standing Orders Local Law 2013 a summary of the response to the question will be included in the minutes for the following Council meeting. The City is currently operating on a three-weekly meeting schedule, therefore it is anticipated that a summary of the responses will be included in the minutes for an appropriate forthcoming meeting of Council after the question has been taken. The City will continue to provide written responses to those questions taken on notice at the meeting but will no longer include associated forms and personalised correspondence as part of Council Minute appendices.

As there were no public present at the meeting, Public Question Time did not take place.

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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4. DEPUTATIONS

Nil

5. LEAVE OF ABSENCE

5.1 Leave of Absence (Previously Approved) Councillor Date of Leave Approved by Council Cr Terry Kenyon, JP 1 December 2016 to 5 January 2017 OCM 15.11.2016

5.2 Application for Leave of Absence COUNCIL RESOLUTION That Leave of Absence be granted for Cr Ehrhardt from 7 April 2017 to 16 April 2017. CR STEPHANIE COATES MOVED, CR CHRIS CORNISH SECONDED

CARRIED UNANIMOUSLY

6. DISCLOSURE OF INTEREST SUMMARY

In accordance with section 5.60A and 5.65 of the Local Government Act 1995, the following disclosures of financial interest were made at the meeting:

Date Name Item No. Item Name 19 December 2016 Ms Carissa Bywater 8.2 Recruitment of Chief Executive

Officer In accordance with section 5.61 of the Local Government Act 1995 the following disclosures of indirect financial interest were made at the meeting: Nil In accordance with section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting: Nil In accordance with regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 the following disclosure of interests affecting impartiality (Elected Members) were made at the meeting: Nil In accordance with regulation 34C of the Local Government (Administration) Regulations 1996 and clause 5.5 of the City of Bayswater's Code of Ethics, the following disclosure of interests affecting impartiality (Officers) were made at the meeting: Nil.

7. PETITIONS

Nil

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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8. GENERAL BUSINESS

8.1 Donation Request - Hellenic Ekhos - Daedalus Project - Fringe Festival 2017

Applicant: Hellenic Ekhos Officer: Acting Director of Finance and Corporate Services

Confidential Attachment - in accordance with section 5.23(2) of the Local Government Act 1995 relating to the following:

(e) a matter that if disclosed, would reveal - (i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs

of a person.

EXECUTIVE SUMMARY Application: For Council to consider a funding request from Hellenic Ēkhōs towards a two-week arts and culture program of events to be held across five venues in Maylands from 3 to 17 February 2017. Key Issues:

• This report outlines a funding request for cultural events which meet some aspects of the Donations policy;

• The City receives requests for financial support which vary in purpose and amount, for which the City has no consistent position; and

• This event is consistent with Council's position to encourage cultural and community events in the locality.

BACKGROUND Hellenic Ēkhōs is a not-for-profit organisation. It has registered for incorporation and for an Australian Business Number and is currently awaiting confirmation of acceptance. The Daedalus Project is the second event presented by Hellenic Ēkhōs, established by creative director Petros Vouris in 2015, and has been accepted by Fringe (which is an incorporated association) as part of its 2017 Fringe World Festival. The project seeks to showcase Hellenic/Greek art and culture through three curated art exhibitions and a series of cross-cultural events open to the public, with a focus on local schools tours. The proposed event comprises a free two-week gallery walking/cycling tour across three venues in Maylands (Ferguson Foundry, Chrissie Parrott Arts Space and Johnny Ma Studios) including an opening and closing night event where sound art will be performed plus an artist talk and symposium at The RISE (ticketed event should insufficient funding be received to cover costs) and at Henry on Eighth. The symposium will feature artist presentations followed by a panel discussion and audience questions. The program will showcase the three emerging Maylands art spaces, and also provide the local Hellenic community a rare chance for a greater understanding of their own ethnicity while enabling them to share these findings with the wider, local public. This project is open to the community and small business through the use of five venues in Maylands. The theme is open (art and technology) and most people can identify with the story of Daedalus and his son Icarus.

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The key speakers for the proposed symposium in Maylands are from all backgrounds and are esteemed professors from the UWA, Curtin, ECU and the Charles Darwin University (Darwin). These include Dr Yani Michaloudis, who is a visual artist and researcher internationally acclaimed as one of the leaders in his field. He was the first ever creator and investigator on the application of the NASA’s nanomaterial silica aerogel in Visual Arts, Design and Architecture and, in 2017, two of his sculptures will be rocketed to the moon. The symposium will also feature leading figures in the fusion of technology, art and science from University of Western Australia and Edith Cowan. They will also be joined by some of the artists that are involved in the exhibition. This event will be held from 3 to 17 February 2017, Tuesdays to Fridays 10:00am to 5:00pm and Fridays to Sundays 5:00pm to 9:00pm. A copy of the draft budget for the event is attached (Attachment 1). This is subject to any financial assistance that the City may provide and funding from Department of Arts and Culture (DAC) currently being sought. The budget is in draft form at this stage as proposed funding has not been confirmed. To make the event successful, sustainable and attractive to DAC for funding, Hellenic Ēkhōs is seeking a financial commitment of $2000 from City of Bayswater, specifically, in the form of:

• Waiver of the hire fee of The RISE Function Suite (full day at Community Rate) $1,600; and

• Promotion of the event through the City’s channels to the value of $400 (whether it be social media, the City’s website, newsletters and/or exposure through the City’s advertising with 'Eastern Suburbs Reporter').

The City's support of this event would enhance the City’s vision to develop Maylands as being a vibrant, creative precinct accessible to a wide audience – local and metro-wide. Should the City grant funding for this event, Hellenic Ēkhōs will provide the City with promotional opportunities, including:

• the City's logo on its event page on The Fringe World website, which experienced 1.1million hits in 2016;

• the City's logo on its marketing collaterals, including a poster to be distributed throughout Maylands, Mount Lawley, Leederville and North Perth and its event brochure;

• City of Bayswater specific mentions on its Facebook, Website and electronic mail-outs; • an opportunity to send a representative to present at the symposium; and • mentions (where possible) across media coverage, including 'Eastern Suburbs Reporter',

RTR FM and 6EBA FM. CONSULTATION Nil. ANALYSIS Cultural events such as the Fringe World festival build community harmony and add to the vibrancy of the City. Council supports a wide range of cultural, leisure, arts and community activities within the City of Bayswater locality, including:

• In September 2015, Council resolved to donate $6,000 towards the Chrissie Parrott Arts to deliver an event as part of 2016 Fringe World Festival held in Maylands.

• Supporting financial and in-kind contributions to cultural and community events such as community markets, cultural festivals and sporting sponsorship (Avon Descent).

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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• Recent direction on town centre activation by encouraging community activities and events.

To be eligible for funding under the Community Donations program (Policy FS-P43), applications should clearly demonstrate that the project, event or initiative:

• provides a direct benefit to the city community by delivering community or cultural services, activities, or resources;

• meets the needs of the community in general or specific target groups such as: children, young people and culturally and linguistically-diverse groups;

• facilitates open public access to the event or activity; • complements existing community and cultural services, programs and resources provided

by the City of Bayswater, government and non-government agencies; and • is for a community group which is an incorporated not-for-profit organisation.

Whilst the application generally meets the intent of the Donations Policy criteria; Council may exercise its prerogative to approve donations outside of this policy as it sees fit. OPTIONS The following options are available to Council:

OPTION BENEFIT RISK

1. Not accede to the request from Hellenic Ēkhōs for financial assistance towards the cost of hiring the Function Suite at The RISE for a symposium with respect to a two-week arts and culture program being run in Maylands and a contribution towards promotion of the event.

Estimated Cost: $0

Retains the City's financial capacity to support other community events, initiatives and programs eligible for the Donations Program.

The symposium may not be operated in the City.

2. Provide a smaller donation to Hellenic Ēkhōs towards the event.

Estimated Cost: $1,000

This amount provides a portion of funding for the 2017 event and also retains the City's financial capacity to support other community events eligible for the Donations Program.

The event does not proceed in its intended form.

3. Accede to the request from Hellenic Ēkhōs for $1,600 to cover the venue hire cost for the symposium and a contribution of $400 towards advertising.

Estimated Cost: $2,000

The two-week arts and culture program being run in Maylands and a contribution towards promotion of the event offers an accessible cultural event for the community.

The City may not have the funds to support other community/cultural events and programs for 2016-17.

CONCLUSION On this basis it is recommended that Council approves financial assistance of $1,000 to Hellenic Ēkhōs (option 2) towards the hire of the Function Suite at The RISE in which the symposium is taking place.

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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FINANCIAL IMPLICATIONS The donations allocation in the 2016-17 budget is $60,000, $26,974.74 of which has been expended to date this financial year. STRATEGIC LINK In accordance with the City of Bayswater Strategic Community Plan 2016-26, the following applies:

Theme: Our Community Aspiration: A resilient community with a strong sense of purpose that is able to celebrate its

diversity in numerous ways. Outcome C1: Facilities that offer a sense of community, that cater for a range of affordable

services and social amenity. COUNCIL POLICY AND LEGISLATIVE IMPLICATIONS With regard to the current policies:

• Donations Policy FS-P43; • Street festivals and Community Markets; and • Mobile Food Vehicles.

VOTING REQUIREMENTS Simple Majority Required. ATTACHMENTS 1. Draft budget for the Daedalus Project (Confidential attachment). 2. Website flyer of the Daedalus Project. OFFICER'S RECOMMENDATION TO COUNCIL That Council approves financial assistance of $1,000 to Hellenic Ēkhōs towards the hire of the Function Suite at The RISE in which a symposium is being held as part of a two-week arts and culture program of events to be held across five venues in Maylands from 3 to 17 February 2017 in conjunction with the Fringe Festival 2017, and agrees to acknowledge the City's support on its publications with respect to this event.

REASON FOR CHANGE Council changed the officer's recommendation as it was of the opinion that an in kind support to cover venue hire and advertising was appropriate. COUNCIL RESOLUTION That Council approves the provision of in kind support to the value of $1,600 to Hellenic Ēkhōs towards the hire of the Function Suite at The RISE in which a symposium is being held as part of a two-week arts and culture program of events to be held across five venues in Maylands from 3 to 17 February 2017 in conjunction with the Fringe Festival 2017, and agrees to acknowledge the City's support on its publications with respect to this event. CR CHRIS CORNISH MOVED, CR DAN BULL SECONDED

CARRIED UNANIMOUSLY

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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Attachment 2

WEBSITE FLYER

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8.2 Recruitment of Chief Executive Officer

Officer: Director Community Services Refer: Item 9.4 SCM: 6.9.16

Item 8.1 OCM: 13.9.16 Item 20.2: OCM 15.11.16 Item 11.1 OCM 6.12.16

MS CARISSA BYWATER DECLARED A FINANCIAL INTERST In accordance with section 5.60A of the Local Government Act 1995, Ms Carissa Bywater declared a financial interest in this item as she is the Acting Chief Executive Officer and possible applicant for the CEO position. At 6:42pm, Ms Carissa Bywater withdrew from the meeting and did not return. REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal - (i) a trade secret; and (iii) information about the business, professional, commercial or financial

affairs of a person VOTING REQUIREMENTS Simple Majority Required. COUNCIL RESOLUTION That with the exception of the Director Community Services, Governance Advisor and PA to Director Community Services that all other staff leave the room while Council consider this item and that the meeting move behind closed doors. CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED

CARRIED UNANIMOUSLY At 6:42pm, the Director Planning and Development Services, Acting Director Finance and Corporate Services and Governance Support Officer left the meeting and did not return and the meeting was closed to the public. COUNCIL RESOLUTION That Council suspend Standing Orders to discuss this item. CR DAN BULL MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY At 6:42pm, Standing Orders were suspended. COUNCIL RESOLUTION That Council resume Standing Orders. CR DAN BULL MOVED, CR STEPHANIE COATES SECONDED

CARRIED UNANIMOUSLY At 7:40pm, Standing Orders resumed.

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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REASON FOR CHANGE Council made a number of insertions and minor amendments to the resolution based on feedback and discussion during the Council meeting. COUNCIL RESOLUTION That Council: 1. Appoints a Chief Executive Officer Selection Panel comprised of six Councillors to

work with the recruitment consultant in undertaking the following functions: a) finalise the Chief Executive Officer position description b) conduct second round interviews with shortlisted candidates

2. Appoints the following Councillors to the Chief Executive Officer Selection Panel:

• Cr Palmer

• Cr Radford

• Cr Ehrhardt

• Cr Bull

• Cr McKenna

• Cr Cornish

• Any Councillors may attend the meetings of the selection panel as an observer and if any members of the panel are absent, they may deputise for that member.

3. Approves the following process for the recruitment and selection of the Chief

Executive Officer: a) Facilitate briefing session with Council and coordinate finalisation of position

description with selection panel b) Undertake executive search and advertise position c) Undertake vetting of candidates d) Undertake preliminary interviews and psychometric testing e) Prepare interview questions and candidate reports f) Conduct second round interviews with selection panel g) Check referees h) Conduct final round interviews with full Council i) Prepare the selection report for consideration by Council j) Assist in negotiations with preferred candidate k) Advise and provide feedback to unsuccessful candidates l) Assist in on-boarding with successful candidate.

4. Approves that the Chief Executive Officer position be offered on a five year term, with total remuneration package to be negotiated between $250,000 - $325,000 within the Salaries and Allowances Tribunal determination for Level 1 banding inclusive of the following:

• Salary • Superannuation (mandatory and non-mandatory) • Motor vehicle or allowance as negotiated • Other benefits as negotiated

SPECIAL COUNCIL MEETING MINUTES 19 DECEMBER 2016

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5. Approves the use of the Joint Model Contract for Local Government Chief Executive Officers as a base for negotiation with the successful candidate.

CR CHRIS CORNISH MOVED, CR SALLY PALMER SECONDED CARRIED: 6/1

FOR VOTE - Cr Barry McKenna, Mayor, Cr Chris Cornish, Cr Sally Palmer, Cr Alan Radford, Cr Catherine Ehrhardt and Cr Dan Bull

AGAINST VOTE - Cr Stephanie Coates

COUNCIL RESOLUTION

That the meeting be reopened to the public at 7:52pm. CR DAN BULL MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY

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9. CLOSURE

There being no further business to discuss, the Mayor, Cr Barry McKenna declared the meeting closed at 7:52pm.