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Page 1: Unconfirmed Minutes - Ordinary Council meeting 9 February 2016 · 2016-02-18 · 9.02.2016 COUNCIL MEETING UNCONFIRMED MINUTES C5 FEBRUARY 2016 Guests Nil Members of the Public 3

File Code: OR.MTG 5/2

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING

9 FEBRUARY 2016

Page 2: Unconfirmed Minutes - Ordinary Council meeting 9 February 2016 · 2016-02-18 · 9.02.2016 COUNCIL MEETING UNCONFIRMED MINUTES C5 FEBRUARY 2016 Guests Nil Members of the Public 3

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Page 3: Unconfirmed Minutes - Ordinary Council meeting 9 February 2016 · 2016-02-18 · 9.02.2016 COUNCIL MEETING UNCONFIRMED MINUTES C5 FEBRUARY 2016 Guests Nil Members of the Public 3

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CONTENTS

1.0   OPENING PROCEDURES 4  

1.1  ANNOUNCEMENT OF VISITORS ....................................................................... 4 1.2  RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4 

2.0   ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION 5  

3.0   DECLARATION OF INTEREST 5  

3.1  DECLARATION OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ...................... 5 3.2  DECLARATION OF INTEREST AFFECTING IMPARTIALITY ........................................ 5 

4.0   RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5  

5.0   PUBLIC QUESTION TIME 5  

6.0   APPLICATIONS FOR LEAVE OF ABSENCE 7  

6.1  REQUEST FOR LEAVE OF ABSENCE – CR DAVID LAVELL ..................................... 7 C1.02.16 ........................ 7 

7.0   CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 7  

C2.02.16 ........................ 7 

8.0   PRESENTATIONS 7  

8.1  DEPUTATIONS ............................................................................................ 7 8.2  PETITIONS ................................................................................................. 8 8.3  PRESENTATIONS ......................................................................................... 8 

9.0   REPORTS OF COMMITTEES 8  

10.0   REPORTS OF EMPLOYEES 9  

10.1  APPOINTMENT OF EXTRA MEMBER TO ENVIRONMENTAL ADVISORY COMMITTEE ...... 9 C3.02.16 ...................... 10 

10.2  DEDICATION OF PUBLIC ACCESS WAY TO ROAD RESERVE – OTTEY GROVE ......... 11 C4.02.16 ...................... 12 

10.3  CORPORATE BUSINESS PLAN – QUARTERLY PROJECT REPORTING ..................... 23 C5.02.16 ...................... 25 

10.4  PAYMENT BETWEEN MEETINGS – DECEMBER 2015 ......................................... 36 C6.02.16 ...................... 37 

10.5  FINANCIAL ACTIVITY STATEMENT – DECEMBER 2015 ....................................... 72 C7.02.16 ...................... 75 

10.6  MID-YEAR REVIEW OF BUDGET – 2015/16 .................................................... 87 C8.02.16 ...................... 97 

10.7  DELEGATIONS REGISTER – ANNUAL REVIEW ................................................. 101 C9.02.16 .................... 103 

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11.0   ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 158  

12.0   URGENT BUSINESS (LATE REPORTS) 158  

13.0   CONFIDENTIAL REPORTS 158  

14.0   CLOSING PROCEDURES 158  

14.1  DATE, TIME AND PLACE OF THE NEXT MEETING ............................................. 158 14.2  CLOSURE OF THE MEETING ........................................................................ 158 

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ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.30pm.

Acknowledgement of Country

Shire of Mundaring respectfully acknowledges Noongar elders past and present and their people (specifically the Whadjuk people who are from this area) who are the traditional custodians of this land.

Recording of Meeting Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Cr David Lavell (President) South WardMembers Cr Patrick Bertola (Deputy President) East Ward Cr Lynn Fisher Central Ward Cr Doug Jeans Central Ward Cr John Daw East Ward Cr Stephen Fox East Ward Cr Trish Cook South Ward Cr James Martin South Ward Cr Tony Brennan West Ward Cr Pauline Clark West Ward Cr Tony Cuccaro West Ward Staff Jonathan Throssell Chief Executive Officer Megan Griffiths Director Strategic & Community Services Mark Luzi Director Statutory Services Paul O'Connor Director Corporate Services Shane Purdy Director Infrastructure Services Adrian Dyson Manager Health & Community Safety Stan Kocian Manager Finance & Governance Angus Money Manager Planning Services Rebecca Noakes Communications Co-ordinator Anna Italiano Minute Secretary Apologies Nil Absent Nil Leave of Cr Bob Perks Central WardAbsence

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Guests Nil Members of the Public

3

Members of the Press

Nil

2.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT

DISCUSSION Nil 3.0 DECLARATION OF INTEREST 3.1 Declaration of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995). Nil

3.2 Declaration of Interest Affecting Impartiality Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil 5.0 PUBLIC QUESTION TIME

15 minutes (with a possible extension of 2 extra 15 minute periods) are set aside at the beginning of each Council meeting to allow members of the public to ask questions of Council.

Public Question Time is to be conducted in accordance with Shire of Mundaring Meeting Procedures Local Law 2015.

Summary of Question Summary of Response Phil Vile – 24 Dalry Road, Darlington 1. Does the Shire of Mundaring assist

communities in regards to having a citizen siren as an additional tool to warn people in the event of fire danger rather than relying on "phone tree" communication between residents?

The CEO advised the Shire does not have a siren. There are other means and mechanisms of alerting people to bush fire risk including the SMS system.

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The Director Statutory Services advised that there was a request several years ago for a siren in the Darlington area. Advice was sought from DFES and also from the Shire's Community Emergency Safety Manager. At that point in time the advice received indicated it was not in the best interests of the community to have a siren. There were reasons DFES provided to explain why the sirens were not the best way of communicating. At that point it was not taken any further.

Tom Johns – Mundaring Residents & Ratepayers Association 1. Is there a comprehensive plan for the

Shire to address traffic congestion around the Mundaring townsite at the moment, including around Dome, Hungry Jacks, Hills Fresh, the fuel station and the carwash? Is there any consideration to the 3 entrances to the carparks on Hartung Lane to actually widen the turning circle?

The Director Statutory Services advised that the Shire is currently undertaking a town centre structure planning process and all issues relating to the town centre i.e. traffic and future development of the town centre, will be reviewed in that planning process. Affected residents will have the opportunity to have input as it progresses.

2. Will that be available and in operation before Aldi opens?

The Director Infrastructure Services advised that the study will be done after Aldi opens. With the Aldi development in particular there is access onto Hartung Street at the rear. There are proposals for further development through an expansion of Woolworths in that area and that will be an opportunity to look at the issues raised.

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6.0 APPLICATIONS FOR LEAVE OF ABSENCE 6.1 Request for Leave of Absence – Cr David Lavell

Cr Lavell has advised of his request for leave of absence from 14 March 2016 to 22 March 2016 (inclusive).

COUNCIL DECISION C1.02.16 MOTION Moved by: Cr Clark Seconded by: Cr Jeans

That Cr Lavell be granted leave of absence from all meetings of Council from 14 March 2016 to 22 March 2016 inclusive. CARRIED 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro

Against: Nil 7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C2.02.16 RECOMMENDATION Moved by: Cr Martin Seconded by: Cr Bertola

That the minutes of the Ordinary Council Meeting held Wednesday 27 January 2016 be confirmed. CARRIED 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro

Against: Nil 8.0 PRESENTATIONS

8.1 Deputations

(1) Members of the public may, during the deputations segment of the order of business and with the consent of the Presiding Member, make a public statement on any matter that appears on the agenda for that meeting provided that –

a) the deputation is limited to a maximum of 3 minutes, unless otherwise determined by the Presiding member;

b) the deputation is not offensive or defamatory in nature, providing that the Presiding Member has taken all reasonable steps to assist the member of the public to phrase the statement in a manner that is not offensive or defamatory; and

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c) no discussion or questions relating to the deputation are permitted, unless otherwise determined by the Presiding Member.

(2) Fifteen minutes is to be allocated for deputations. (3) Once all statements have been made, nothing prevents the unused part of

the deputation time period from being used for other matters. (4) If the 15 minute period set aside for deputations is reached, Council may

resolve by resolution that statement time be extended for no more than two 15 minute extensions.

8.2 Petitions

(1) A petition is to – a) be addressed to the President; b) be made by electors of the district; c) state the request on each page of the petition; d) contain the legible names, addresses and signatures of the electors

making the request; e) contain a summary of the reasons for the request; f) state the name of the person to whom, and an address at which, notice

to the petitioners can be given; and g) not contain offensive or insulting language.

(2) On the presentation of a petition – a) the member presenting it or the CEO is confined to reading the

petition; and b) the only motion that is in order is that the petition be received and that

it be referred to the CEO for action. (3) At any meeting, the Council is not to vote on any matter that is the subject of

a petition presented to that meeting, unless – a) The matter is the subject of a report included in the agenda; and b) The Council has considered the issues raised in the petition.

8.3 Presentations

Nil

9.0 REPORTS OF COMMITTEES

Nil

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10.0 REPORTS OF EMPLOYEES 10.1 Appointment of Extra Member to Environmental Advisory Committee

File Code OR.MTG 7/2

Author Danielle Courtin, Governance Coordinator

Senior Employee Mark Luzi, Director Statutory Services

Disclosure of Any Interest

Nil

SUMMARY During the January 2016 meeting Council appointed ten members to the Environmental Advisory Committee. Due to an oversight one emailed nomination was not included in the report. This report recommends that Council appoints the extra member to the Committee. BACKGROUND During its meeting on 21 October 2015 Council appointed Cr Tony Brennan as a member to the Committee and Cr John Daw as deputy member (SC8.10.15). A call for nominations from the public was advertised on 17 December 2015 in the Hills Gazette and the Echo Newspaper. Nominations closed on 20 January 2016. STATUTORY / LEGAL IMPLICATIONS The EAC is established as a committee comprising council members and other persons under section 5.9 of the Local Government Act 1995. Council must appoint the committee members by absolute majority in accordance with section 5.10 of the Act. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil

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SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS Nil EXTERNAL CONSULTATION Nominations were sought by advertising in both local newspapers. COMMENT The current Terms of Reference of the Committee allow for fifteen members. Council appointed ten members to the Environmental Advisory Committee during its meeting on 27 January 2016.

On 13 January 2016 a nomination by email was received from Mark Robertson, who has been a member of the Committee for over 12 years. This nomination was unfortunately overlooked.

If Council appoints the extra member, the total membership of the Environmental Advisory Committee will be thirteen. Mark Robertson’s nomination form is attached (Confidential ATTACHMENT 1).

VOTING REQUIREMENT Absolute majority COUNCIL DECISION C3.02.16 RECOMMENDATION Moved by: Cr Fox Seconded by: Cr Martin That Council, by absolute majority, appoints Mark Robertson as a member of the Environmental Advisory Committee for a term up to the next ordinary elections day in October 2017. CARRIED BY ABSOLUTE MAJORITY 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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10.2 Dedication of Public Access Way to Road Reserve – Ottey Grove

File Code Ot 1 – Ottey Grove, Parkerville

Author Liam Noonan, Manager Design Services

Senior Employee Shane Purdy, Director Infrastructure Services

Disclosure of Any Interest

Nil

SUMMARY To facilitate the subdivision of Lot 2 Roland Road the dedication of an existing Public Access Way to road reserve needs to occur. The process to undertake this requires community consultation and a resolution from Council requesting the Minister for Lands dedicate the land as road reserve. BACKGROUND A Public Access Way (PAW) off McDowell Loop was created in October 2000 on plan of survey Diagram Number 24836, ATTACHMENT 2. This PAW has approval by the Geographic Names Committee to be known as Ottey Grove, ATTACHMENT 3. The Western Australian Planning Commission approved a subdivision application (SPA 150268) of Lot 2 Roland Road in December 2014 which creates lots facing this PAW. The draft Diagram of Survey 67905 for the proposed new lots is shown on ATTACHMENT 4. STATUTORY / LEGAL IMPLICATIONS The Land Administration Act 1997 section 56 and the Land Administration Regulations 1998 regulation 8 provide the enabling legislation to dedicate Public Access Ways to road reserves. Only the Local Government in which District the PAW falls is able to undertake the appropriate steps required of the legislation. POLICY IMPLICATIONS

Nil FINANCIAL IMPLICATIONS The entire cost of upgrading Ottey Grove to a sealed standard from the current gravel standard is a condition of subdivision approval. STRATEGIC IMPLICATIONS

Nil

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SUSTAINABILITY IMPLICATIONS

Nil

RISK IMPLICATIONS

Any unforeseen risks or community concerns would be identified during the consultation phase.

EXTERNAL CONSULTATION

The Land Administration Act 1997 and Land Administration Regulations 1998 require a consultation process with surrounding residents, service authorities and Department of Planning to be completed before Council resolves to request the Minister for Lands to dedicate the PAW as road reserve.

COMMENT

In order to facilitate the subdivision of lot 2 Roland Road that creates lots fronting Ottey Grove, the PAW needs to be formally dedicated as road reserve.

Should no objections from any party canvassed during the consultation phase be received it is recommended the Minister for Lands be requested to dedicate the PAW as road reserve, without a further report to Council. Any valid objection received would result in a report to Council to consider the comments and subsequent action.

VOTING REQUIREMENT Simple Majority COUNCIL DECISION C4.02.16 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Clark

That Council - 1. Commences the consultation process pursuant to the Land Administration

Act 1997 and Land Administration Regulations 1998 to dedicate the Public Access Way known as Ottey Grove, being lot 155 on Diagram Survey Number 24836, as road reserve; and

2. Subject to no valid objections being received, in the opinion of the Chief

Executive Officer, requests the Minister for Lands dedicate the Public Access Way known as Ottey Grove, being lot 155 on Diagram Survey Number 24836, as road reserve.

CARRIED 11/0 For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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Attachment 2

Report 10.2

1 page

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Attachment 3

Report 10.2

5 pages

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Attachment 4

Report 10.2

1 page

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10.3 Corporate Business Plan – Quarterly Project Reporting

File Code OR.CMA 16

Author Jan Byers, Organisational Development Officer

Senior Employee Megan Griffiths, Director Strategic and Community Services

Disclosure of Any Interest

Nil

SUMMARY The Corporate Business Plan (CBP) undertakes a process of “activating” the long term community aspirations from the Strategic Community Plan, using these to shape the 4-year priorities of the Shire within a context of long term financial planning, workforce planning, asset management and annual budgets. Council adopted the CBP for the period 2015/16-2018/19 on 14 June 2015. The CBP contains a range of strategy and planning priorities to be implemented on a yearly basis. Council will receive quarterly reports about the implementation of these priorities. The purpose of reporting is to provide an internal review and monitoring function that allows the Shire to respond to change through a systematic reporting process. This report recommends that Council notes the progress of these priorities for the period 1 October - 31 December 2015. BACKGROUND Section 5.56 of the Local Government Act 1995 (the Act) “Planning for the Future” requires a local government to plan for the future of the district and to make plans in accordance with the regulations. Regulations came into effect 1 July 2013 requiring all local governments in Western Australia to have developed and adopted a Strategic Community Plan (SCP) and a Corporate Business Plan supported and informed by resourcing and delivery strategies. These plans will drive the development of each local government’s Annual Budget and through a process of continuous improvement local governments should be better able to plan for and meet the needs of their communities. The reporting element is the process by which local government informs the community and statutory bodies on its progress in delivering services, projects and other operations to meet the community’s short term, medium term and long term aspirations. Section 5.53 of the Act requires the Annual Report to contain an overview of the plan for the future of the district, including major initiatives that are proposed to commence or to continue in the next financial year. To allow progress to be monitored and any changes to be adopted in a systematic manner, the Shire has introduced the quarterly Corporate Business Plan Project Report.

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This will enable quicker and better informed decision-making and will clearly identify any modifications that may need to be made to the CBP. STATUTORY / LEGAL IMPLICATIONS Section 5.56 of the Local Government Act 1995 requires a local government to plan for the future of its district in accordance with any regulations made. Regulation 19DA of the Local Government (Administration) Regulations 1996 sets out the requirements for preparing, adopting, reviewing and modifying the Corporate Business Plan. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS Nil EXTERNAL CONSULTATION Nil COMMENT This Corporate Business Plan Quarterly Report for the period 1 October - 31 December 2015 is at ATTACHMENT 5. It is recommended that Council notes the Corporate Business Plan Quarterly Report for the period 1 October - 31 December 2015 at ATTACHMENT 5.

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VOTING REQUIREMENT Simple Majority COUNCIL DECISION C5.02.16 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Cuccaro That Council notes the Corporate Business Plan Quarterly Report for the period 1 October - 31 December 2015 (ATTACHMENT 5). CARRIED 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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Attachment 5

Report 10.3

9 pages

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

Cancelled, Deferred, On Hold Complete - On Time or Ahead Ok - In Progress, Not Started Behind Schedule, Overdue

1. Valued Natural Environment

Due Date % Complete Status Comments

Mundaring Sculpture Park Upgrade Year 1 - 2015/16 In Progress

Playzone complete 31/03/2016 60 In Progress

Centralzone complete 30/06/2016 5 In Progress

Larger waste bins impact study Year 1 - 2015/16 In Progress

Community feedback obtained on bin options 21/01/2016 10 In Progress

Business Plan finalised 28/02/2016 5 In Progress

Reuse exchange container at Chidlow recycling and waste transfer station

Year 1 - 2015/16 In Progress

Quotation documentation for container finalised 28/02/2016 50 In Progress

Reuse exchange container installed and open for use 31/05/2016 0 Not Started

Assist EMRC investigate secondary waste disposal options

Year 1 - 2015/16 In Progress

Inform Council of options on proposed EMRC secondary waste facility

14/06/2016 5 In Progress

Bugle Tree Creek drainage - system - review detail into construction plans

Year 1 - 2015/16 In Progress

Detention basin options presented to Yallambee Retirement Village Management

28/02/2016 20 In Progress

Preferred detention basin option designed, costed and issued ready for construction

30/05/2016 10 In Progress

Roadside Conservation Strategy - draft Year 1 - 2015/16 In Progress

Council Forum and Meeting for endorsement of Strategy 30/05/2016 0 Not Started

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

2. Balanced Development

Due Date % Complete Status Comments

Mundaring Indoor Recreation Centre Year 1 - 2015/16 In Progress

Tender awarded for design and construction of building 8/09/2015 100 Complete

Contract finalised 30/09/2015 100 Complete

Approvals obtained (Dept of Water) 29/02/2016 50 In Progress

Design to build four court indoor stadium complete 29/02/2016 10 In Progress

Design of Carpark for Mundaring Recreation Ground complete 30/06/2016 0 Not Started

Construction works complete (indoor stadium) 30/11/2016 0 Not Started

Construction works complete (car park) 31/03/2017 0 Not Started

Deliver the following 2015/16 capital works programs to a minimum of 80% expenditure per program

Year 1 - 2015/16 Not Started

Quarterly report provided 31/07/2016 40 In Progress

Mundaring Town Centre Sewerage Capacity Allocation Study.

Year 1 - 2015/16 In Progress

Sewerage capacity allocation study complete 30/10/2015 100 Complete

Sub regional Structure Plan Submission Year 1 - 2015/16 Complete

Submit structure plan within specified time 30/09/2015 100 Complete

Helena Valley Urban Expansion Strategy Year 1 - 2015/16 In Progress

Investigate district level ovals on PNR reserve 22/12/2015 100 Complete

Draft HVUES presented to ELT for review prior to Council meeting for consent to advertise

18/05/2016 0 Not Started

Report to Council - Draft HVUES 30/06/2016 40 In Progress

Access Strategy for Bushfire Prone Areas Year 1 - 2015/16 In Progress

Prepare Overarching Strategy 31/01/2016 0 Not Started

Develop draft master plan for Mundaring Town Centre Precinct Plan

Year 1 - 2015/16 In Progress

Scope of Shire involvement finalised 14/06/2016 10 In Progress

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

3. Thriving Community

Due Date % Complete Status Comments

Customer service charter/ standard / model review - approach and methodology

Year 1 - 2015/16 Not Started

Project Plan for implementation developed 27/05/2016 0 Not Started

Harry Riseborough Oval - female change rooms Year 1 - 2015/16 In Progress

Application for CSRFF funding submitted 29/02/2016 100 Complete

Notification of CSRFF funding received 29/02/2016 50 In Progress

Design for additional transportable changerooms complete 31/05/2016 15 In Progress

Tender awarded 31/07/2016 0 Not Started

Construction works complete 30/11/2016 0 Not Started

Boya Community Hub and Boya Oval Year 1 - 2015/16 In Progress

Tender awarded 13/10/2015 100 Complete

Relocation of water irrigation tank complete 11/01/2016 100 Complete

Awaiting Electrical Power by Western Power 28/02/2016 40 In Progress

Boya Oval construction works complete 28/02/2017 10 In Progress

Boya Community Hub building works complete 31/03/2017 2 In Progress

Mt Helena (Elsie Austin) Oval social room redevelopment

Year 1 - 2015/16 In Progress

Building works complete 31/05/2016 90 In Progress

Corporate Asset Management Strategy Year 1 - 2015/16 In Progress

Draft Corporate Asset Management Strategy submitted to ELT for review

28/02/2016 15 In Progress

Corporate Asset Management Strategy documentation included in CBP

30/03/2016 0 Not Started

Darlington Hall accessible works design Year 1 - 2015/16 In Progress

Quotation documents prepared; quotations received and design work awarded to Architect

12/02/2016 70 In Progress

Darlington Hall works advertised as a public tender 25/05/2016 0 Not Started

Darlington Hall accessibility upgrade works designed and plans received

29/04/2016 0 Not Started

Balfour Road sub works depot relocation Year 1 - 2015/16 In Progress

Finalise list of potential locations and report to ELT with recommendation on preferred site

3/02/2016 5 In Progress

Relocation of storage bins and construction of fencing and paving completed

8/03/2016 0 Not Started

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

3. Thriving Community

Due Date % Complete Status Comments

Design Service documentation processes - review and implement

Year 1 - 2015/16 In Progress

Documented processes drafted and circulated for review by Design and Operations service team members

30/03/2016 5 In Progress

Documentation posted on Intranet 30/05/2016 0 Not Started

Facilitate endorsement of funding strategy and concept plan for community led Darlington pavillion project

Year 1 - 2015/16 In Progress

Scope of Shire involvement finalised 28/02/2016 20 In Progress

Feedback on project design complete 14/06/2016 0 Not Started

Bushfire recovery activities Year 1 - 2015/16 In Progress

Acquit Lotterywest Funding 14/06/2016 70 In Progress

Emergency Preparedness Officer - funding and partners secured

Year 1 - 2015/16 In Progress

Identify grant opportunities 31/12/2015 100 Completed

Apply for AWARE grant by SEMC 30/04/2016 40 In Progress

Business model for Lake Leschenaultia Café/Kiosk/campgrounds

Year 1 - 2015/16 Complete

Present recommendations to CEO for the Management Model review for Lake Leschenaultia

23/10/2015 100 Complete

Review Provision of Toy Libraries Year 1 - 2015/16 Deferred

Present report to council 30/06/2016 50 Deferred Complete. Council endorsed changes to model C5.11.15. Implementation commenced.

Implementation due for completion 30 June 2015.

Lake Leschenaultia Capital Asset Master Plan and Management Model

Year 1 - 2015/16 In Progress

Present final report to ELT for the Lake Leschenaultia Capital Asset Master Plan

17/02/2016 30 In Progress

Trails website Upgrade Year 1 - 2015/16 Not Started

Upload new content to new RRHT website 10/06/2016 0 Not Started

Midvale Hub (Eastern Region Family Day Care) upgrade

Year 1 - 2015/16 Deferred

Project deferred 30/09/2017 50 Deferred Deferred 12 months due to uncertainty of funding for one of the services located in the Midvale hub. Nil impact on budget and LTFP as expenditure drawn from Children Services Reserve. Council has

endorsed deferral of this project on C10.11.15.

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

4. Respected civic leadership

Due Date % Complete Status Comments

Develop methodology and approach to a review of Organisation functions and structure

Year 1 - 2015/16 Not Started

Project plan for implementation presented to Council Forum 16/05/2016 0 Not Started

Develop discussion paper and undertake community consultation regarding ward review, number of elected members, method of electing President, district designation and name

Year 1 - 2015/16 In Progress

Council Report to commence review complete 9/02/2016 10 In Progress

Council report - Preferred Options to Consider - complete 31/07/2016 0 Not Started

Report to LGAB finalised 31/08/2016 0 Not Started

Governance Framework - Develop and endorse Year 1 - 2015/16 In Progress

Framework Document Reviewed and Approved by Audit and Risk Committee

30/06/2016 95 In Progress

Customer Action Request System - implement for planning and OSH

Year 1 - 2015/16 Complete

Design and Implement Planning and OSH matrix in CARS 1/07/2015 100 Complete

Seek advice on potential impact to borrowing capacity of EMRC Secondary Waste Facility

Year 1 - 2015/16 Complete

Seek Advice from WATC 1/07/2015 100 Complete

Sharepoint 2013 Upgrade Year 1 - 2015/16 In Progress

Environment is built and structure developed 31/10/2015 100 Complete

Develop the Intranet and migrate all relevant content 31/10/2015 90 In Progress Site is developed, final content upload in progress.

Corporate Website Developed 29/02/2016 15 In Progress

OSH Module of Authority- implement Year 1 - 2015/16 Complete

OSH Module Implemented 30/09/2015 100 Complete

Processes to ensure HR strategies integration with CBP - develop

Year 1 - 2015/16 Complete

HR Process for integration of strategies into CBP Approved by ELT

19/08/2015 100 Complete

HR Process Review - methodology and plan - develop

Year 1 - 2015/16 Complete

Service Level Procedure Developed 31/08/2015 100 Complete

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

4. Respected civic leadership

Due Date % Complete Status Comments

Standing Orders including meeting process - Review

Year 1 - 2015/16 Complete

Council give Notice of proposed Local Law 8/09/2015 100 Complete

Publish Local Law in Government Gazette 29/01/2016 100 Complete

Council Adopt Meeting Procedures Local Law 9/02/2016 100 Complete

Undertake review of Audit and Governance Committee and Risk Management Committee terms of reference to focus on risk oversight responsibility of council

Year 1 - 2015/16 Complete

Council Adopt Revised Terms of Reference 8/09/2015 100 Complete

Risk Management Framework Training Year 1 - 2015/16 Not Started

Quotation for services 30/10/2015 100 Complete

Rollout training program 30/06/2016 0 Not Started

Knowledge Management and Succession Planning -methodology and project framework

Year 1 - 2015/16 In Progress

Initial Discussions 6/10/2015 100 Complete

Project plan for implementation approved by ELT 26/02/2016 0 Not Started

IT Infrastructure Upgrade Year 1 - 2015/16 In Progress

Server Room Planning Completed 29/02/2016 5 In Progress

Server Rooms Upgraded 1/09/2016 0 Not Started

HRM modules implemented from Authority and APS

Year 1 - 2015/16 In Progress

March PDR process electronic 1/03/2016 5 In Progress

Online Leave Processing Electronic (mainstream) 31/03/2016 10 In Progress

HRM Modules Implemented 30/12/2016 50 In Progress

Online Timesheets Implemented and manual process decommissioned (as far as possible)

30/12/2016 0 Not Started

Induction and professional development program for Elected Members

Year 1 - 2015/16 Complete

Roll Out Induction Program 18/12/2015 100 Complete

Engage Internal Audit and Develop audit program

Year 1 - 2015/16 In Progress

Undertake RFQ Process and Appoint Internal Auditor 31/01/2016 50 In Progress

Internal Audit Charter approved by ARC 29/02/2016 15 In Progress

Review the terms of reference for the OSH Committee

Year 1 - 2015/16 Complete

OSH Committee adopt reviewed ToR 8/12/2015 100 Complete

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

4. Respected civic leadership

Due Date % Complete Status

Corporate Risk Register Review Year 1 - 2015/16 0 Not Started

Present risk register review to RMC 29/02/2016 0 Not Started

Present Review to Audit and Risk Committee for noting 30/06/2016 0 Not Started

ICT Plan - Review Year 1 - 2015/16 0 Not Started

ICT plan reviewed - for Corporate Business Systems and Developed for Infrastructure

30/06/2016 0 Not Started

Prepare Annual budget for adoption Year 1 - 2015/16 0 Not Started

Council adopts mid-year budget review 9/02/2016 0 Not Started

Council Adopt 2016/17 Fees and Charges 12/04/2016 0 Not Started

Property Investment Portfolio and Strategy Review

Year 1 - 2015/16 0 Not Started

Present position paper to Council Forum 18/04/2016 0 Not Started

Item to Council 10/05/2016 0 Not Started

Biennial Staff Survey Year 1 - 2015/16 5 In Progress

Analyse and report on results 31/05/2016 0 Not Started

Coordinate review of LTFP for period 2016/17 onwards

Year 1 - 2015/16 0 Not Started

Finalise LTFP as part of Budget Process 31/05/2016 0 Not Started

Workforce Plan - Review and update Year 1 - 2015/16 In Progress

Council notes the Workforce Plan 14/06/2016 0 Not Started

New Chart of Accounts Year 1 - 2015/16 Not Started

Go Live with New Chart of Accounts 1/07/2017 0 Not Started

Street tree crew delivery model review Year 1 - 2015/16 In Progress

Draft business case submitted to Director for feedback 20/11/2015 100 Completed

Project Plan (Business Case) finalised and forwarded for inclusion in Corporate Challenge

28/02/2016 10 In Progress

Fair Value work integrate into asset inventory Year 1 - 2015/16 In Progress

Asset inventory updated to include all fair value information 24/06/2016 75 In Progress

Adopt local heritage list Year 1 - 2015/16 In Progress

Heritage Reference Group (HRG) formed 1/07/2015 100 Complete

Draft Heritage List reviewed by HRG 31/08/2015 100 Complete

Draft Heritage Planning Policy reviewed by HRG 5/09/2015 100 Complete

Report to Council for advertising of draft list and policy. 11/11/2015 100 Complete

Report to Council following advertising 10/02/2016 0 Not Started

Final adoption of Heritage list and policy 30/03/2016 0 Not Started

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

4. Respected civic leadership

Due Date % Complete Status

Eastern Catchment Management Plan (EMRC) and review of service model

Year 1 - 2015/16 In Progress

Advise EMRC of new model 31/12/2015 100 Completed

Determine not to withdraw 31/12/2015 100 Completed

Implement new model of catchment management delivery for the Shire

31/12/2017 0 Not Started

Develop Community Engagement Framework Year 1 - 2015/16 In Progress

Draft framework presented to Council Forum 21/03/2016 5 In Progress

Framework adopted 12/04/2016 0 Not Started

Effectiveness and efficiency program Year 1 - 2015/16 In Progress

Research effective and efficiency programs 29/02/2016 90 In Progress

Assessment on whether to implement doing more with less 30/11/2015 100 Complete

Business case developed for an efficiency and effectiveness program for inclusion in corporate challenge

29/02/2016 75 In Progress

Project Plan for implementation developed 13/05/2016 0 Not Started

IPRF- develop timelines, flowcharts and detailed OP.s to guide development to Intermediate and Advance Standard

Year 1 - 2015/16 In Progress

Develop a reporting system for the progress reporting on project plans

30/11/2015 95 In Progress Phase 1 reporting currently taking place through sharepoint. Awaiting final development of a new bespoke system which IT is currently working on.

Corporate Promotions Strategy Year 1 - 2015/16 In Progress

Presentation to ELT/ adoption of Strategy 28/11/2015 100 Complete

Develop Business Case 29/02/2016 20 In Progress

Biennial Community Perceptions Survey Year 1 - 2015/16 In Progress

Presentation of results to Council 28/01/2016 100 Complete

Develop Corporate Business Plan Year 1 - 2015/16 Not Started

Finalise CBP For Adoption 8/06/2016 5 In Progress

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Corporate Business Plan - Quarterly Project Report – 1 October – 31 December 2015

4. Respected civic leadership

Due Date % Complete Status

Develop/review and implement the following lobbying and advocacy plans to coordinate access to State and Federal Government decision makers to enable Council to influence key decisions affecting the Shire

Year 1 - 2015/16 In Progress

Mundaring Civic Precinct Sewerage Capacity - reviewed 30/04/2016 25 In Progress

Rates Capping - developed 30/04/2016 25 In Progress

Mundaring Indoor Recreation Centre additional funding - developed

30/04/2016 50 In Progress

Perth to Adelaide Highway (Orange Route) - reviewed 30/04/2016 10 In Progress

Report on previous years lobbying 30/06/2016 0 Not Started

Quarterly report detailing implementation of existing lobbying plans provided

31/07/2016 50 In Progress

Develop stakeholder relationship management plan

Year 1 - 2015/16 In Progress

Plan endorsed 28/02/2016 50 In Progress

Quarterly report detailing implementation plan provided 31/07/2016 0 Not Started

Review Strategic Community Plan Year 1 - 2015/16 In Progress

Community Consultation workshops complete 30/10/2015 100 Complete

Council and Community Leaders workshop complete 24/11/2015 100 Complete

SCP adopted 8/03/2016 15 In Progress

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10.4 Payment between Meetings – December 2015

File Code FI.RPA

Location/Address N/A

Applicant N/A

Author Mia Miller, Finance Officer (Accounts Payable)

Senior Employee Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY A list of accounts paid from the Municipal Fund or Trust Fund under the Chief Executive Officer’s delegated authority for the month of December 2015 is presented to Council to note. BACKGROUND Council has delegated to the Chief Executive Officer (CEO) the exercise of its power to make payments from the Shire’s Municipal and Trust Funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, a list of accounts paid is to be presented to Council and be recorded in the minutes of the meeting at which the list was presented. STATUTORY / LEGAL IMPLICATIONS Regulation 13 of the Local Government (Financial Management) Regulations 1996 states – (1) If the local government has delegated to the CEO the exercise of its power

to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared –

(a) the payee’s name;

(b) the amount of the payment;

(c) the date of the payment; and

(d) sufficient information to identify the transaction

(3) A list prepared under sub regulation (1) or (2) is to be –

(a) presented to council at the next ordinary meeting of the council after the list is prepared; and

(b) recorded in the minutes of that meeting

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POLICY IMPLICATIONS

FI-01 Corporate Purchasing Card

FINANCIAL IMPLICATIONS

All payments have been made in accordance with the approved budget and provides for the effective and timely payment of the Shire’s contractors and other creditors. STRATEGIC IMPLICATIONS

Nil SUSTAINABILITY IMPLICATIONS Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainability principles. RISK IMPLICATIONS In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION Nil COMMENT Nil

VOTING REQUIREMENT Simple Majority COUNCIL DECISION C6.02.16 RECOMMENDATION Moved by: Cr Cuccaro Seconded by: Cr Bertola

That Council notes the payments made between 1 and 31 December 2015 included as ATTACHMENT 6 and ATTACHMENT 7.

CARRIED 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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Attachment 6

Report 10.4

2 Pages

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PAYMENTS BETWEEN MEETINGS In compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996 (as amended) a list of accounts paid since the last such list was prepared is to be presented to the next Ordinary Meeting of Council and included in the minutes of that meeting.

CERTIFICATION

The attached schedule of accounts paid is for the period 1 – 31 December 2015 totalling $6,093,298.65 be received by Council covers:

Municipal Cheques 110549 - 110567; Electronic Funds Transfer (Payroll, Purchase Cards, Fleetcare payments etc); and Trust Fund Vouchers 303036 – 303052

has been checked and is fully supported by vouchers and invoices which are submitted herewith and which have been duly certified as to the receipt of goods and the rendition of services as to prices, computations, costings, and amounts due for payment. Cheques have been signed in accordance with Council resolution R23120 and Instrument of Delegation - Reference: CE - 1 of the Delegations of Authority Register dated 22 July 1997.

Under Section 5.46 (3) of the Local Government Act and Regulation 19 of the Local Government (Administration) Regulations, this record of the Exercise of Delegated Authority is registered.

DIRECTOR CORPORATE SERVICES

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Schedule of Accounts: Amounts Total $ $

MUNICIPAL ACCOUNT

MUNICIPAL CHEQUE PAYMENTS (Schedule 1 - Page 2) 60,372.55 EFT PAYMENTS (Schedule 2 - Page 24) 4,472,797.15 EFT PAYROLL PAYMENTS (Schedule 2 - Page 25) 1,414,099.96 NATIONAL AUSTRALIA BANK (NAB PURCHASE CARD) (Schedule 2 – Total - Page 25); and (Schedule 3 – Details - Pages 1-5)

60,514.35

FLEETCARE PAYMENTS (Schedule 2 - Page 25) 6,630.68 COMMONWEALTH BANK BPOINT FEES (Schedule 2 - Page 25)

601.22

WESTPAC BANK FEES (Schedule 2 - Page 25) 2,534.97 WESTPAC BANK FEES TRUST (Schedule 2 - Page 25) 60.67 HP FINANCIAL SERVICES (Schedule 2 - Page 25) 11,818.08 KONICA MINOLTA – EQUIPMENT LEASE (Schedule 2 - Page 25)

2,849.07

PUMA FUEL (Schedule 2 – Page 25) 393.59 TOTAL MUNICIPAL ACCOUNT $6,032,672.29

TRUST ACCOUNT (Schedule 3 – Page 25) $60,626.36 RESERVE ACCOUNT Nil TOTAL ALL SCHEDULES $6,093,298.65

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Attachment 7

Report 10.4

30 Pages

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10.5 Financial Activity Statement – December 2015

File Code: FI.RPA

Location / Address N/A

Applicant N/A

Author Stanislav Kocian, Manager Finance and Governance

Senior Employee Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY The monthly financial statements disclose the Shire’s financial performance for the period ending 31 December 2015. The end of year forecast of ($12,530,448) in net expenditure as at 31 December 2015 shows an increase of $2,055,905 to the net expenditure amount approved in the original budget adopted by Council (SC7.06.15). The change is forecast is primarily due to carried forward capital works from 2014/15 and the advance payment in June 2015 of 50% of the Shire’s general purpose grant for 2015/16. The change in forecasts will be addressed in more detail as part of the annual budget review, which is a separate report to Council. The closing budget position as at 31 December 2015 is a surplus of $30,454,492. BACKGROUND The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within two months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget.

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POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Financial implications are in accordance with the approved reporting material variances (C5.06.15) of:

(+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and (+) or (-) $100,000 or 10%, whichever is the greater for Expenses

for each Directorate being reported for the 2015/16 financial year. There are two types of variances:

When actual results are better than expected results the variance is

described as favourable variance. A favourable variance is denoted by the letter F.

When actual results are worse than expected results the variance is

described as unfavourable variance. An unfavourable variance is denoted by the letter U.

STRATEGIC IMPLICATIONS

Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance.

SUSTAINABILITY IMPLICATIONS

Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainably principles.

RISK IMPLICATIONS In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION Nil

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COMMENT For the period ended 31 December 2015 the Shire’s net revenue was $18,994,415 compared to the year to date budget of $2,613,519. A number of reports to this item are as follows (refer ATTACHMENT 8):

Directorate Revenue and Expenditure Reports for the year to 31 December 2015 and explanation of significant variances;

Statement of Financial Activity (based on the Rate Setting Statement adopted in the annual budget);

Unrestricted Funds position (closing budget position) at 31 December 2015

including a graph comparing the current year’s month end position to the same period last year; and

Summary of Cash Investments with financial institutions as at 31 December

2015. Timing differences in financial reporting are due to the monthly spread of the budget cash flow variances. That is, income or expenditure is estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some income and expenditure being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Note: timing differences will not result in a forecast adjustment as the expenditure or income item will still be captured in the financial year in question. Strategic and Community Services Year to date revenue – favourable variance of $250,475 Year to date expenditure – favourable variance of $259,331 Year to date net result – favourable variance of $509,806 Refer to ATTACHMENT 8 for explanation of variances.

Office of Chief Executive and Corporate Services

Year to date revenue – unfavourable variance of ($4,553,596) Year to date expenditure – favourable variance of $16,861,048 Year to date net result – favourable variance of $12,327,975 Refer to ATTACHMENT 8 for explanation of variances. Infrastructure Services Year to date revenue – unfavourable variance of ($4,115,596) Year to date expenditure – favourable variance of $7,307,869 Year to date net result – favourable variance of $3,192,273 Refer to ATTACHMENT 8 for explanation of variances.

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Statutory Services Year to date revenue – unfavourable variance of ($106,357) Year to date expenditure – favourable variance of $457,200 Year to date net result – favourable variance of $350,482

Refer to ATTACHMENT 8 for explanation of variances. Unrestricted Funds (Budget Surplus) and Cash Position The Shire has $30,454,492 of unrestricted funds as at 31 December 2015 ($19,673,938 as at 31 December 2014). The cash balance in the Municipal Fund is $20,499,008 ($12,570,774 as at 31 December 2014). It should be noted that the unrestricted funds amount above is influenced by the Shire raising an invoice for $6.5 million for the sale of lots 50/51 Morrison Road (at the request of the buyer and settlement agent). However there has been a delay in the settlement (now not expected until February 2016), and as the Shire has not received the funds there has been no transfer of the equivalent amount to the Capital Investment Reserve.

VOTING REQUIREMENT

Simple Majority

COUNCIL DECISION C7.02.16 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Bertola

That Council notes:

1. the year to date actual net revenue as at 31 December 2015 is $16,380,896 greater than the year to date budget;

2. the end of year forecast for net expenses as at 31 December 2015 is

($12,530,448); and

3. the unrestricted funds position (closing budget position) of the Shire as at 31 December 2015 is a surplus of $30,454,492.

CARRIED 11/0 For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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Attachment 8

Report 10.5

10 Pages

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Shire of Mundaring

Directorate Summary Report for the year to date 31 December 2015

YTD Actual YTD Budget YTD Variance $ YTD Variance %Favourable = F

Unfavourable = UCurrent year

Budget

Forecast Change

(Variance)End of year

Forecast

Strategic & Community ServicesRevenue $3,450,283 $3,199,808 $250,475 7.8% F $6,137,537 $74,194 $6,211,731Expenditure ($7,088,240) ($7,347,571) $259,331 -3.5% F ($14,089,011) $18,276 ($14,070,735)Total ($3,637,957) ($4,147,763) $509,806 -12.3% F ($7,951,474) $92,470 ($7,859,004)

Office of Chief Executive & Corporate ServicesRevenue $32,199,836 $36,732,909 ($4,533,073) -12.3% U $48,447,030 ($1,534,162) $46,912,868Expenditure ($3,680,842) ($20,541,890) $16,861,048 -82.1% F ($33,837,114) $976,010 ($32,861,104)Total $28,518,994 $16,191,019 $12,327,975 76.1% F $14,609,916 ($558,152) $14,051,764

Infrastructure ServicesRevenue $10,010,512 $14,126,108 ($4,115,596) -29.1% U $28,398,042 $17,086 $28,415,128Expenditure ($13,941,814) ($21,249,683) $7,307,869 -34.4% F ($41,156,156) ($1,720,595) ($42,876,751)Total ($3,931,302) ($7,123,575) $3,192,273 -44.8% F ($12,758,114) ($1,703,509) ($14,461,623)

Statutory ServicesRevenue $674,447 $780,804 ($106,357) -13.6% U $1,274,859 $177,822 $1,452,681Expenditure ($2,629,766) ($3,086,966) $457,200 -14.81% F ($5,649,730) ($64,536) ($5,714,266)Total ($1,955,319) ($2,306,162) $350,842 -15.2% F ($4,374,871) $113,286 ($4,261,585)

Total Shire of MundaringRevenue $46,335,077 $54,839,629 ($8,504,552) -15.5% U $84,257,468 ($1,265,060) $82,992,408Expenditure ($27,340,662) ($52,226,110) $24,885,448 -47.6% F ($94,732,011) ($790,845) ($95,522,856)Net Revenue/(Expenditure) $18,994,415 $2,613,519 $16,380,896 626.8% F ($10,474,543) ($2,055,905) ($12,530,448)

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Shire of MundaringStrategic and Community Services

Period ending 31 December 2015

Responsible Officer YTD ActualsYTD Budgets

Y T D Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureAFM Branch Librarian (343,405) (377,880) 34,475 (743,859) 9,476 (734,383)Bilgoman Aquatic Centre Manager (519,726) (559,138) 39,412 (1,072,643) 30,356 (1,042,287)Brown Park Manager (235,189) (227,700) (7,489) (458,351) (44,531) (502,882)Communities For Children (60,149) (59,502) (647) (119,000) 0 (119,000)Community Facilities Coordinator (494,227) (536,744) 42,518 (1,073,517) 0 (1,073,517)Community Playgroups (75,139) (88,458) 13,319 (176,911) 0 (176,911)Coordinator Lake Leschenaultia (393,615) (380,779) (12,836) (757,255) (8,398) (765,653)Director Strategic & Community Services (692,806) (726,790) 33,984 (1,444,126) 79,499 (1,364,627)Eastern Region Family Day Care Scheme (960,695) (658,349) (302,346) (1,316,960) 0 (1,316,960)Inclusion Support Agency (162,932) (177,258) 14,326 (347,380) 0 (347,380)INDIGENOUS ADVANCEMENT STRATEGY - CSS (180,133) (300,000) 119,867 (300,000) 0 (300,000)KSP Branch Librarian (347,378) (346,658) (720) (677,753) 8,727 (669,026)Manager Libraries & Community Engagement (762,969) (795,443) 32,474 (1,527,060) 77,442 (1,449,618)Manager Recreation and Leisure Services (438,457) (451,225) 12,768 (870,193) (41,347) (911,540)Maternal & Infant Health (18,666) (19,710) 1,044 (39,425) 0 (39,425)Midvale Early Childhood & Parenting Centre (798,734) (872,677) 73,943 (1,654,129) 0 (1,654,129)Midvale Playgroup & Toy Library (4,155) (5,008) 853 (9,310) 0 (9,310)Mt Helena Aquatic & Recreation Centre Manager (142,854) (151,286) 8,432 (291,847) (60,000) (351,847)Swan Child and Parent Centre - Middle Swan (68,777) (180,092) 111,315 (355,276) 0 (355,276)Swan Children and Family Centre - Clayton View (344,036) (403,692) 59,656 (795,555) 0 (795,555)Toy Library Coordinator (44,200) (29,182) (15,018) (58,461) (32,948) (91,409)

Expenditure Total (7,088,240) (7,347,571) 259,331 (14,089,011) 18,276 (14,070,735)

IncomeAFM Branch Librarian 8,257 12,330 (4,073) 24,666 0 24,666Bilgoman Aquatic Centre Manager 138,468 157,383 (18,915) 363,220 0 363,220Brown Park Manager 50,371 34,598 15,773 88,200 9,000 97,200Communities For Children 55,455 120,000 (64,545) 120,000 0 120,000Community Facilities Coordinator 54,912 72,102 (17,190) 144,200 (12,935) 131,265Coordinator Lake Leschenaultia 181,065 168,133 12,932 360,000 15,000 375,000Director Strategic & Community Services 0 0 0 0 0 0Eastern Region Family Day Care Scheme 995,018 663,498 331,520 1,327,000 0 1,327,000Inclusion Support Agency 410,223 185,940 224,283 365,940 0 365,940INDIGENOUS ADVANCEMENT STRATEGY - CSS 0 300,000 (300,000) 300,000 0 300,000KSP Branch Librarian 5,126 7,170 (2,044) 14,343 0 14,343Manager Libraries & Community Engagement 85,950 106,160 (20,210) 211,570 17,768 229,338Manager Recreation and Leisure Services 92,747 37,200 55,547 95,800 15,361 111,161Midvale Early Childhood & Parenting Centre 740,759 808,098 (67,339) 1,653,200 0 1,653,200Midvale Playgroup & Toy Library 0 4,494 (4,494) 9,000 0 9,000Mt Helena Aquatic & Recreation Centre Manager 11,769 19,044 (7,275) 63,090 30,000 93,090Swan Child and Parent Centre - Middle Swan 26,145 76,002 (49,857) 818,000 0 818,000Swan Children and Family Centre - Clayton View 592,617 414,000 178,617 152,000 0 152,000Toy Library Coordinator 1,401 13,656 (12,255) 27,308 0 27,308

Income Total 3,450,283 3,199,808 250,475 6,137,537 74,194 6,211,731

Net Revenue/(Expenditure) (3,637,957) (4,147,763) 509,806 (7,951,474) 92,470 (7,859,004)

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Shire of MundaringOffice of Chief Executive and Corporate Services

Period ending 31 December 2015

Responsible Officer YTD Actuals YTD Budgets Y T D VarianceCurrent Year Budget

Budget Adjustment Forecast

ExpenditureAllocations Office Vehicles (161,243) (222,174) 60,931 (444,369) 0 (444,369)Allocations Ranger Vehicles (37,151) (48,882) 11,731 (97,760) 0 (97,760)Chief Executive Officer (244,526) (286,184) 41,658 (553,764) (4,702) (558,466)Director Corporate Services (233,699) (16,643,611) 16,409,912 (25,678,701) 845,644 (24,833,057)Governance and Risk (11,922) (18,307) 6,385 (36,555) (51,984) (88,539)Human Resource Manager (265,307) (310,702) 45,395 (622,400) 31,850 (590,550)Manager Finance and Governance (1,902,676) (2,003,362) 100,686 (4,407,917) 305,202 (4,102,715)Manager Information Systems (824,319) (1,008,668) 184,349 (1,995,648) (150,000) (2,145,648)

Expenditure Total (3,680,842) (20,541,890) 16,861,048 (33,837,114) 976,010 (32,861,104)

IncomeAllocations Office Vehicles 198,394 271,062 (72,668) 542,129 0 542,129Director Corporate Services 7,300,321 9,145,782 (1,845,461) 20,361,571 (2,047,618) 18,313,953Governance and Risk 63,484 13,996 49,488 18,000 53,484 71,484Manager Finance and Governance 24,715,364 26,003,887 (1,288,523) 26,250,666 486,661 26,737,327Manager Information Systems 0 0 0 8,300 0 8,300Profit and Loss on sale of Assets (77,727) 1,298,182 (1,375,909) 1,266,364 (26,689) 1,239,675

Income Total 32,199,836 36,732,909 (4,533,073) 48,447,030 (1,534,162) 46,912,868

Net Revenue/(Expenditure) 28,518,994 16,191,019 12,327,975 14,609,916 (558,152) 14,051,764

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Shire of MundaringInfrastructure Services

Period ending 31 December 2015

Responsible Officer YTD Actuals YTD BudgetsYTD Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureConstruction Supervisor (801,784) (1,035,330) 233,546 (2,070,662) (1,243,615) (3,314,277)Coordinator Civil Works (538,547) (1,515,165) 976,618 (2,528,667) (165,055) (2,693,722)Coordinator Parks Services (2,341,740) (2,149,781) (191,959) (4,625,401) (1,258,364) (5,883,765)Coordinator Plant and Depot Services (1,043,479) (1,555,977) 512,498 (2,335,995) (7,144) (2,343,139)Director Infrastructure Services (2,610,449) (2,672,522) 62,073 (5,549,841) 0 (5,549,841)Engineering Technical Officer - Civil (362,205) (532,996) 170,791 (932,000) 171,500 (760,500)Maintenance Supervisor (903,013) (1,038,736) 135,723 (2,077,460) 64,000 (2,013,460)Manager Building Assets (1,592,510) (5,288,703) 3,696,193 (10,582,331) (210,555) (10,792,886)Manager Design Service 363,178 (553,562) 916,740 (1,097,951) 1,045,000 (52,951)Manager Operations Service (538,906) (605,149) 66,243 (1,242,051) 0 (1,242,051)Waste & Recycling Coordinator (3,235,520) (3,767,164) 531,644 (7,199,602) (44,783) (7,244,385)Works Supervisor (336,838) (534,598) 197,760 (914,195) (71,579) (985,774)

Expenditure Total (13,941,814) (21,249,683) 7,307,869 (41,156,156) (1,720,595) (42,876,751)

IncomeCoordinator Civil Works 0 0 0 0 93,349 93,349Coordinator Parks Services 0 8,000 (8,000) 255,333 80,000 335,333Coordinator Plant and Depot Services 536,052 1,056,394 (520,342) 2,112,810 5,109 2,117,919Director Infrastructure Services 1,229,042 4,464,358 (3,235,316) 15,987,136 (661,372) 15,325,764Engineering Technical Officer - Civil 8,500 7,498 1,002 45,000 0 45,000Maintenance Supervisor 4,879 498 4,381 1,000 0 1,000Manager Building Assets 1,000,000 1,025,000 (25,000) 1,900,000 500,000 2,400,000Manager Design Service 0 265,000 (265,000) 530,000 0 530,000Manager Operations Service (3,215) 49,494 (52,709) 249,000 0 249,000Waste & Recycling Coordinator 7,235,254 7,249,866 (14,612) 7,317,763 0 7,317,763

Income Total 10,010,512 14,126,108 (4,115,596) 28,398,042 17,086 28,321,779

Net Revenue/(Expenditure) (3,931,302) (7,123,575) 3,192,273 (12,758,114) (1,703,509) (14,461,623)

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Shire of MundaringStatutory Services

Period ending 31 December 2015

Responsible OfficerYTD Actuals

YTD Budgets

YTD Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureBushcare Coordinator (49,210) (57,558) 8,348 (205,100) 0 (205,100)Coordinator Environment and Sustainability (321,187) (315,567) (5,620) (647,182) 5,000 (642,182)Director Statutory Services (61,435) (66,773) 5,338 (131,237) 0 (131,237)Manager Building Services (299,150) (302,660) 3,510 (588,958) (1,287) (590,245)Manager Health & Community Safety Service (CSS) (1,179,185) (1,530,939) 351,754 (2,466,761) (68,249) (2,535,010)Manager Health & Community Safety Services (HS) (259,673) (285,010) 25,337 (570,012) 0 (570,012)Manager Planning (459,926) (528,459) 68,533 (1,040,480) 0 (1,040,480)

Expenditure Total (2,629,766) (3,086,966) 457,200 (5,649,730) (64,536) (5,714,266)

IncomeBushcare Coordinator 0 0 0 0 20,000 20,000Coordinator Environment and Sustainability 1,100 0 1,100 1,934 800 2,734Manager Building Services 124,773 121,752 3,021 243,500 1,001 244,501Manager Health & Community Safety Service (CSS) 305,836 477,102 (171,266) 665,527 136,000 801,527Manager Health & Community Safety Services (HS) 39,476 32,592 6,884 65,191 0 65,191Manager Planning 203,262 149,358 53,904 298,707 20,021 318,728

Income Total 674,447 780,804 (106,357) 1,274,859 177,822 1,452,681

Net Revenue/(Expenditure) (1,955,319) (2,306,162) 350,843 (4,374,871) 113,286 (4,261,585)

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Explanation of Significant Variances in Income by Directorate

Strategic and Community Services - YTD Actual is $250,475 (7.8%) greater than YTD Budget1. Eastern Region Family Day Care Scheme - YTD Child Care Subsidies Income greater than YTD Budget - $321,938Offset by corresponding increase in Child Care Subsidies Expenses.2. Inclusion Support Agency - Timing Differences whereby YTD Actual Income is greater than YTD Budgets - $224,2833. Communities for Children Grant Funding - Timing difference whereby YTD Budget is $120,000 and YTD Actual is $55,455.4. Indigenous Advancement Strategy - Timing difference whereby $150,000 in grant funds was received in 14/15. $150,000 still to be received.5. Children Services Clayton View facility - YTD Budget for fees & charges income is $124,998 and YTD Actual is $342,950.

Office of Chief Executive and Corporate Services - YTD Actual is $4,533,073 (12.3%) less than YTD Budget1. Impact of $742,322 in rates paid in advance as of 30 June 2014. Rates recognised as revenue in 14/15 rather than 15/16.Will be offset by rates paid in advance at the end of this financial year.2. Impact of $912,502 advance payment of 2015/16 FAGs. Forecast to be adjusted accordingly as part of mid year budget review.No impact on budget as brought forward budget surplus was increased by the equivalent amount.3. Timing of interest received on Investment funds - $149,2394. No profit realised on sale of land as sale has not been finalised as yet. YTD Budget $1.33 million5. $748,755 in budgeted transfers from reserves have not occurred as funds are not required as yet. Timing Difference.

Infrastructure Services - YTD Actual is $4,115,596 (29.1%) less than YTD Budget 1. YTD Timing Difference of transfer from Plant Reserve to fund plant replacement - $189,5442. YTD Timing Difference of $3.265 million for transfers from Capital Investment Reserve.3. YTD Timing Difference of $265,000 of grant funds not year received for Sculpture Park Project.

Statutory Services - YTD Actual is $106,357 (13.6%) less than YTD Budget 1. Timing of ESL grants - YTD Budget greater than YTD Actuals by $242,9382. Planning Application Fees - YTD Budget for fees & charges income is $90,000 and YTD Actual is $131,346.

Explanation of Significant Variances in Expenses by Directorate

Strategic and Community Services - YTD Actual is $259,331 (3.5%) less than YTD Budget1. Eastern Region Family Day Care Scheme - YTD Child Care Subsidies expenses Greater than YTD Budget - $300,759Offset by corresponding increase in Child Care Subsidies Income.2. Bilgoman Pool Expenses - Timing difference whereby YTD Budget is $559,138 and YTD Actual is $519,7263. Indigenous Advancement Strategy Expenses - Timing difference whereby YTD Budget is $300,000 and YTD Actual is $180,1334. Children Services Clayton View facility - Timing difference whereby YTD Budget is $403,692 and YTD Actual is $344,0365. Children Services Middle Swan facility - Timing difference whereby YTD Budget is $180,092 and YTD Actual is $68,777

Office of Chief Executive and Corporate Services - YTD Actual is $16,861,048 (82.1%) less than YTD Budget1. Timing difference for transfer to Capital Income Reserve as land sales have not occurred ($7,530,000).2. Timing difference for transfer to Civic Facilities Reserve as income land sale and budgeted loan funds have not been received.Impact on YTD variances is $8.275 million3. Timing difference for transfers to other Reserves - $547,601

Infrastructure Services - YTD Actual is $7,307,869 (34.4%) less than YTD Budget1. Civil Works Projects due to timing differences - YTD Budget of $1,515,165 greater than YTD Actuals of $538,5472. There has been a forecast adjustment for an increase of $948,528. This relates to incomplete capital projectscarried of over from 14/15 that were not included in the budget. Addressed in Mid-year budget review.3. Major Building Projects due to timing differences - YTD Budget of $3,495,961 greater than YTD Actual of $694,039 4. Purchase of major plant and equipment due to timing differences - YTD Budget of $676,597 greater than YTD Actual of $193,0705. Timing difference due to pre-allocation of $488,765 in engineering overheads recovery

Statutory Services - YTD Actual is $457,200 (14.81%) less than YTD Budget1. SES and VBFB vehicle acquisitions have not occurred as yet resulting in a $420,000 variance due to a timing difference - YTD Budget greater than YTD Actuals2. Timing difference in Planning Consultant costs - YTD Budget $40,002 compared to YTD Actual $4,052

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Shire of MundaringStatement of Financial Activity

for period ending 31 December 20152015/16 2015/16Actuals BUDGET

$ $

Operating Revenues General Purpose Funding 1,091,427 3,987,691 Governance 109,210 91,700 Law, Order & Public Safety 207,426 455,200 Health 39,476 55,700 Education & Welfare 2,934,657 4,964,318 Community Amenities 7,445,867 7,626,183 Recreation and Culture 517,733 1,130,210 Transport 15,089 134,364 Economic Services 124,487 243,500 Other Property and Services 849,397 3,810,967 Total (Excluding Rates) 13,334,768 22,499,833

Operating Expenses General Purpose Funding (346,764) (609,075) Governance (2,662,059) (5,766,563) Law, Order & Public Safety (1,262,175) (2,288,974) Health (352,243) (816,121) Education & Welfare (3,719,247) (7,301,420) Community Amenities (4,259,546) (9,295,789) Recreation and Culture (5,175,224) (10,332,068) Transport (5,021,074) (10,120,141) Economic Services (394,476) (785,364) Other Property and Services (851,374) (3,252,120) Total (24,044,181) (50,567,635)

Adjustments for Cash Budget Requirements:Depreciation on Assets 4,124,911 8,230,604 (Profit)/Loss on Disposal of Assets 77,727 (1,266,364) Deferred Rates Adjustment 32,071 - Net Operating Result (Excluding Rates) (6,474,704) (21,103,562)

Capital RevenuesProceeds from Disposal of Assets 6,692,896 7,827,509 Grants and Contributions 1,943,464 5,387,174 Proceeds from New Debentures - 9,600,000 Transfers from Reserves - 13,902,166 Total 8,636,360 36,716,849

Capital ExpensesPurchase Property, Plant & Equipment (1,119,072) (9,726,397) Purchase Infrastructure (1,916,227) (7,611,854) Repayment of Debentures (104,835) (341,075) Transfers to Reserves (156,347) (26,211,000) Total (3,296,481) (43,890,326) Net Capital 5,339,879 (7,173,477)

Total Net Operating and Capital (1,134,825) (28,277,039)

Rate Revenue 24,363,950 25,009,786 Opening Surplus/(Deficit) June 1 B/Fwd. 7,225,367 5,041,094

Closing Surplus/(Deficit) 30,454,492 1,773,841

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CURRENT ASSETS

Rates & Sanitation Debtors 8,731,602 7,381,697Debtors 472,000 7,055,176

TOTAL RECEIVABLES - CURRENT 9,203,602 14,436,873

STOCK ON HAND 213,202 213,677

CASH ASSETS

Municipal 14,517,724 20,499,008Restricted Cash 10,848,375 12,570,774Total Bank Accounts 25,366,099 33,069,781

TOTAL CURRENT ASSETS 34,782,903 47,720,332

CURRENT LIABILITIES

Creditors (1,498,619) (1,595,956)Borrowings - Current Portion (199,080) (213,366)Provisions (2,645,776) (2,982,916)

(4,343,475) (4,792,237)NET CURRENT ASSETS 30,439,428 42,928,095

Less Reserve Funds (10,848,375) (12,570,774)Less Land Held for Resale (116,195) (116,195)Add Current Loan Liability 199,080 213,366

UNRESTRICTED FUNDS 19,673,938 30,454,492

Actual 31 December 2015 Actual 31 December 2014

NET CURRENT ASSETS AND UNRESTRICTED FUNDS

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9.02.2016 COUNC

C85CIL MEETING UNCON

5 FEBRUARY 2NFIRMED MINUTES

2016

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Amount Invested

Interest Rate

Period of Investment

Investment Date Maturity Date

Unrestricted Use Funds

71 Westpac Maxi (on Call) $6,567,448 1.30% N/A N/A N/A

119 Westpac $3,110,983 2.90% 92 days 12-Nov-15 12-Feb-16

120 NAB $2,059,261 2.90% 181 days 18-Aug-15 15-Feb-16

121 Westpac $2,019,386 3.08% 91 days 17-Dec-15 17-Mar-16

122 Westpac $2,000,000 2.95% 366 days 17-Aug-15 17-Aug-16

123 AMP Bank $2,000,000 2.90% 181 days 19-Aug-15 16-Feb-16

124 NAB $2,000,000 2.90% 153 days 19-Aug-15 19-Jan-16

Total $19,757,079

73 Westpac Maxi (on Call) 1,683,830 1.30% N/A N/A N/A

60A Bendigo 1,351,118 3.00% 275 days 22-Dec-15 22-Sep-16

89 BankWest 1,291,038 2.85% 181 days 21-Jul-15 18-Jan-16

97 NAB 4,227,527 2.95% 183 days 7-Dec-15 7-Jun-16

107 ANZ 2,274,885 3.00% 122 days 28-Sep-15 28-Jan-16

108 ANZ 1,701,699 2.65% 92 days 16-Oct-15 16-Jan-16

Total 12,530,098

$32,287,177

Road Construction/POS Funds

72 Westpac Maxi (on Call) $1,620,837 1.30% N/A N/A N/A

58 BankWest $1,359,172 2.90% 184 days 6-Jul-15 6-Jan-16

98 BankWest $1,183,288 2.90% 365 days 2-Jul-15 1-Jul-16

99 BankWest $1,197,053 2.95% 150 days 30-Nov-15 28-Apr-16

$5,360,349

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 31 December 2015

MUNICIPAL FUNDS

RESERVE FUNDS

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10.6 Mid-Year Review of Budget – 2015/16

File Code FI.BUD

Location / Address N/A

Applicant N/A

Author Stan Kocian, Manager Finance & Governance

Senior Officer Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY It is a statutory requirement for local governments to undertake a review of the annual budget between 1 January and 31 March of each financial year. Shire staff have conducted a review, identifying changes to the Shire’s financial position and changes to year end forecasts. Council is requested to consider and adopt the Budget Review as presented in the Statement of Financial Activity (Rate Setting Statement) and the Directorate Forecast Summary Report for the period 1 July 2015 to 31 December 2015 (ATTACHMENT 9). The budget review indicates that there are no anticipated adverse impacts on the budget at this stage of the financial year. Overall there is a minor change to the Shire’s forecast closing budget position for 2015/16 from a surplus $1,773,841(as per the adopted annual budget (SC7.06.15)) to a surplus of $1,685,849. BACKGROUND A Statement of Financial Activity incorporating year to date budget variations and forecasts to 30 June 2016 for the period ending 31 December 2015 is presented for Council to consider. The Local Government (Financial Management) Regulations 1996, regulation 33A, requires that local governments conduct a budget review between 1 January and 31 March in each financial year. A copy of the review and determination is to be provided to the Department of Local Government and Communities within 30 days of the adoption of the review. STATUTORY / LEGAL IMPLICATIONS

Regulation 33A (Review of Budget) of the Local Government (Financial Management) Regulations 1996, as amended, requires the local government to carry out a review of its annual budget between 1 January and 31 March each year as follows:

33A. Review of budget

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(1) Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2) Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4) Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Financial implications are addressed in the report.

STRATEGIC IMPLICATIONS

Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance SUSTAINABILITY IMPLICATIONS Budget parameters are structured on financial viability and sustainability principles. RISK IMPLICATIONS Monitoring the comparisons of the Shire’s 2015/16 Mid-Year Budget position against actual results provides for prudent financial management, ensuring the Council is made aware of potential or known financial risks. As highlighted to Council when the original budget was adopted, the 2015/16 budget was based on the assumption that the sale of Morrison/ Farrell Road proceed. Whilst there is a reasonable amount of confidence that the sale will proceed, settlement had not been finalised at the time this report was written. Should this sale not proceed Council will need to consider certain measures to address the resulting budget shortfall.

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These measures would include; an increased amount of borrowings, increased rate rises, a review of the capital works program and discontinuing the provision of some services. EXTERNAL CONSULTATION Nil COMMENT

As a result of this budget review the forecast closing budget position, as disclosed in Statement of Financial Activity (Rate Setting Statement), changes from a surplus $1,773,841(as per the adopted annual budget (SC7.06.15) to a surplus of $1,685,849. The major impacts on the budget review are: Opening Budget Surplus The forecast opening budget surplus in the 2015/16 budget was $5,041,094 (ie surplus funds brought forward from 2014/15) whilst the actual opening surplus brought forward, which was finalised after the budget was adopted, was $7,225,367; a difference of $2,184,273.

The significant reasons for this difference are:

Capital works included in the 2014/15 budget not being completed by 30 June 2015. When the forecast opening budget position was calculated for the 2015/16 budget, these works had been forecast to have been completed by 30 June 2015. A detailed description of these works is provided under Infrastructure Services below; and

A 50% advance payment of the Shire’s general purpose grants allocation for 2015/16 being received 28 June 2015 (ie 50% of grant funding that would normally be received in 2015/16 was received at the end of 2014/15).

Strategic & Community Services Expenditure Forecast end of year expenditure is $18,276 less than the original budget. The reasons for this variation are:

$60,000 in unbudgeted expenditure being allocated to bird netting at the Mt Helena Aquatic Centre. This has been funded from an allocation of $30,000 from the Bilgoman Pool Budget and a $30,000 contribution from the Department of Education, and was approved by Council 11 August 2015 (CS.08.15);

The total forecast employee costs (casual staff) at Brown Park increasing by

$29,000 due to the original budget of $74,500 not reflecting casual staff required for the full year.

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Casual staff were budgeted for 7 months as the centre was due to be closed for major upgrades that were subsequently cancelled;

$9,000 in unbudgeted expenditure being allocated to Brown Park to cover the inclusion of the Toy Library as determined by Council on 10 November 2015 (C5.11.15);

An additional $5,000 is forecast for annual cleaning costs at Brown Park

(original budget $25,000); A forecast increase of $36,000 in staff salaries at Lake Leschenaultia due to a

staff redundancy resulting from a restructure of the operations at the Lake; A forecast savings of $12,000 in employee costs for casual staff (kiosk and

canoe hire) at Lake Leschenaultia; A forecast saving of $10,000 for preventative maintenance at Lake

Leschenaultia due to the septics being upgraded in 2014/15; A forecast saving in 2015/16 of $99,656 in the communications plan (funded

by Lotterywest) for Sculpture Park (original budget $104,656). This will be deferred until next financial year after the Sculpture Park Upgrade has been completed in 2015/16;

An additional forecast of $11,400 for the annual subscription for demographic

forecasts and profile not budgeted for; $6,000 forecast in savings for the communication strategy (original budget

$56,500); Savings of $64,000 identified in Community Engagement Salaries as the

budget overstated the cost of casual employees; $15,000 forecast in savings for the community engagement framework

(original budget $20,000); An additional forecast of $10,000 for the development of the Lake

Leschenaultia Master Plan due to unbudgeted survey costs (original budget $75,000);

An additional forecast of $7,000 for salaries in Recreation Services due to a

staff redundancy ($33,000), which has been partially offset by a $26,000 saving in other salaries in this area;

An additional forecast of $13,000 for a temporary Bookings Officer required

to cover the position; An additional $7,800 in expenditure for Trek the Trail due to higher than

expected costs for the event (original budget $10,000); A savings of $5,000 in costs for casual salaries for the Trek the Trail event

(original budget $32,000);

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An additional forecast of $10,000 in salaries to administer the Kidsport funding program. This amount has been funded from savings to budgeted salaries in the Finance Service due to a restructure;

An additional $17,500 forecast in operating costs for the Swan View Toy

Library due to unbudgeted relocation expenses and ‘making good’ the existing premises as determined by Council on 10 November 2015 (C5.11.15);

A unbudgeted transfer of $21,148 to the Shire’s Trust Fund to isolate grant

funds previously received by the Toy Library; and Forecast savings of $3,500 relating to toy purchases for the Toy Libraries.

Income Forecast end of year income is $74,194 greater than the original budget. The reasons for this variation are:

A forecast increase of $9,000 in income for Brown Park due to higher than anticipated usage due to the cancellation of major upgrades;

A forecast overall reduction of $12,935 in income from community facility hire, primarily due to impact of works at Boya Oval and foregone income in providing the Darlington Arts Festival the free use of facilities;

A forecast increase of $15,000 in income from the Lake Leschenaultia café;

A forecast increase of $6,718 in grant funding for the Parent and Adolescent

Counselling Service program (original budget $82,320); A forecast increase of $10,000 in additional grant funds from Lotterywest for

community recovery (original budget $100,000); A forecast increase of $10,921 in income for the Mundaring Visitors Centre

due to funding from the Mundaring Tourism Association; and A forecast increase of $30,000 in income for the Mt Helena Aquatic Centre

due to a $30,000 contribution from the Department of Education for bird netting.

Office of Chief Executive & Corporate Services Expenditure Forecast end of year expenditure is $976,010 less than the original budget. The main reasons for this variation are:

A forecast increase of $5,000 for legal fees relating to legal advice on various matters (original budget $25,000);

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Forecast savings of $50,000 in consultant costs relating to investment property matters;

A forecast reduction of $800,000 in the total transfers to the Civic Facilities Reserve. This is due to the loan funding required to fund major building projects during 2015/16 and 2016/17 being reduced from $9.6 million to $8.8 million. $800,000 is the anticipated savings to the total amount that has been budgeted for the Mundaring Recreation Centre and Boya Community Facility projects over this and next financial year;

A forecast increase in expenditure of $53,484 for risk initiatives. This is offset

by the equivalent amount being received as unbudgeted income through the members’ dividend paid by the Local Government Insurance Services;

A forecast savings of $20,000 to the organisational training budget (original

budget $90,000); A forecast savings of $15,000 to leadership development programs (original

budget $50,000); A savings of $31,040 in election expenses as the actual cost of the elections

was less than the amount quoted by the WAEC ($80,000); A $10,000 saving to budgeted salaries in the Finance Service due to a

restructure; A forecast savings of $274,000 in budgeted loan repayments as the timing of

the new loan is to be delayed to later in the financial year as major building projects are commencing later than originally anticipated;

A forecast increase of $150,000 in IT development costs associated with the

carry-over of projects from 2014/15 that relate to the development of corporate systems;

A reallocation of $10,000 from the Councillor Conference budget (original

budget $48,000) towards the modification of Council Chambers; and A forecast increase of $3,000 for community donations to reflect Council’s

decision on the 27 January 2016 to donate $3,000 to the Lord Mayor’s Distress Relief Fund for the Waroona and Districts Fires Appeal 2016.

Income Forecast end of year income is $1,534,162 less than the original budget. The main reasons for this variation are:

A forecast reduction of $1,197,618 in income from the general purpose grant received from the WA Local Government Grants Commission. 50% of the Shire’s general purpose grants allocation for 2015/16 was paid in advance on 28 June 2015;

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A forecast reduction of $800,000 in new loan funds to be received (original budget $9.6 million). $800,000 is the anticipated savings to the total amount that has been budgeted for the Mundaring Recreation Centre and Boya Community Facility projects over this and next financial year;

A forecast reduction of $50,000 from the Capital Income Reserve as there is

a forecast savings of $50,000 in consultant costs relating to investment property matters;

A forecast increase in income of $53,484 for risk initiatives. This is due to this

amount being received as unbudgeted income through the members dividend paid by Local Government Insurance Services;

A forecast increase of $69,785 in interim rates income (original budget

$123,800); A forecast increase of $5,000 in income from rates instalment charges

(original $127,500) due to a slight increase in the number of ratepayers choosing to pay their rates by instalments; and

A forecast increase of $405,000 to be transferred from the unspent grants

reserve. These funds relate to projects carried forward from 2014/15. When the original budget was finalised these funds were expected to be expended in the 2014/15 financial year.

Infrastructure Services Expenditure Forecast end of year expenditure is $1,720,595 greater than the original budget. The reasons for this variation are:

An increase of $50,986 in forecast expenditure on the Darlington/Hillsden Intersection as these works have been carried over from the 2014/15 financial year;

An increase of $284,230 in forecast expenditure for works undertaken on the

Hartung Street Widening/Overlay as these works have been carried over from the 2014/15 financial year;

An increase of $290,000 in the forecast amount for works undertaken on the Nicholl Street Upgrade (original budget $200,000) as extra funding is required to complete this project;

An increase of $412,431 in the forecast amount for works undertaken on the

Railway Terrace Reconstruction (original budget $715,717) as extra funding is required to complete this project;

An increase of $19,096 in forecast expenditure for works undertaken on the Bunning Road shoulder widening as these works have been carried over from the 2014/15 financial year;

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An increase of $106,872 in forecast expenditure for works undertaken on the

White Street Mt Helena drainage project as these works have been carried over from the 2014/15 financial year;

An increase of $80,000 in the forecast amount for works undertaken on the

seal for Bambrook Street (original budget $220,000) as extra funding is required to complete this project;

An increase of $217,000 in forecast expenditure for works undertaken on the

ramps at the Morrison Road Heritage Trail as these works have been carried over from the 2014/15 financial year. This project is partially funded by a Lotterywest Grant;

An increase of $67,063 in forecast expenditure for works undertaken on Fire

Access Roads improvements as these works have been carried over from the 2014/15 financial year;

An increase of $32,692 in forecast expenditure for works undertaken on the

Farrall Road treatment project as these works have been carried over from the 2014/15 financial year;

An increase of $19,300 in forecast expenditure for works undertaken on the

Morrison Road footpaths link to the Heritage Trail project as these works have been carried over from the 2014/15 financial year;

An increase of $200,000 in forecast expenditure for works undertaken on the

Heritage Trail Swan View carparks project as these works have been carried over from the 2014/15 financial year;

Forecast savings of $171,000 on the Pines Terrace reconstruction project

(original budget $471,000); Forecast savings of $200,000 on the Bugle Tree Creek drainage project

(original budget $647,000); An increase of $13,000 in forecast expenditure to replace a failed pump at

Collier Park; An increase of $20,000 in forecast expenditure for works undertaken on the

Glen Forrest Oval improvements project as these works have been carried over from the 2014/15 financial year;

An increase of $4,500 in forecast expenditure to install a new AFL scoreboard

at Elsie Austin Oval (new capital works request); An increase of $117,364 in forecast expenditure for works undertaken on the

Morgan John Morgan Park project as these works have been carried over from the 2014/15 financial year;

A forecast savings of $28,417 for the replacement of a Parks Officer Vehicle

as the vehicle is now not being replaced in the 2016/17 financial year;

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A forecast increase of $35,561 for the replacement of a Fire Protection Officer Vehicle as the replacement of this vehicle is being brought forward from the 2016/17 financial year;

A forecast savings of $20,000 for works on the Mundaring Weir Road Bridge,

as the works were completed last year; A forecast savings of $121,500 for works on the Scott Street Bridge, as these

works are being deferred due to the possibility of Main Roads WA funding this project;

An increase of $1,110,555 in forecast expenditure for works undertaken on

the Mount Helena Oval Change room extension project as these works have been carried over from the 2014/15 financial year. Works are funded from the Civic Facilities Reserve ($777,285), Unspent Grants Reserve ($183,270) and grant funding received in 2015/16 ($150,000);

A forecast saving of $1,750,000 in 2015/16 for expenditure on Mundaring

Recreation Centre Indoor Stadium (Original budget $6.25 million). Expenditure deferred until 2016/17;

A forecast increase of $1,000,000 for the Boya Community Facility project

(Original budget $1.7 million) as these works are being brought forward from the 2016/17 financial year;

A forecast increase of $23,000 for works undertaken on Bridge Maintenance

due to a higher than anticipated volume of works required to be undertaken; An increase of $10,000 in forecast expenditure for works undertaken on the

Coppin Road development project as these works have been carried over from the 2014/15 financial year;

An increase of $34,783 in forecast expenditure for works undertaken on the

Mathieson Road development project as these works have been carried over from the 2014/15 financial year; and

An increase of $7,579 in forecast expenditure for works undertaken on the

Needham Road Footpath project as these works have been carried over from the 2014/15 financial year.

Revenue Forecast end of year income is $17,086 greater than the original budget. The main reasons for this variation are:

A forecast increase of $93,349 for unbudgeted grant funds for the ramps at the Morrison Road Heritage Trail;

A forecast increase of $80,000 for unbudgeted grant funds for the play

equipment at Morgan John Morgan;

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A forecast reduction of $508,898 in income from the Local Roads grant received from the WA Local Government Grants Commission. 50% of the Shire’s general purpose grants allocation for 2015/16 was paid in advance on 28 June 2015;

A forecast increase of $10,807 for income from Subdivision Supervision

(Original budget $15,000); A forecast increase of $68,000 from contributions to Public Open Space

(original budget $50,000), due to more funds being recouped from trust than anticipated;

A forecast increase of $163,455 from contributions to Subdivision Road

Construction (original budget $250,000), due to less funds being recouped from trust than anticipated;

A forecast reduction of $479,000 for transfers from the Civic Facility Reserve

to funds major Building Projects in 2015/16, due to timing of projects; A forecast increase of $412,431 for unbudgeted grant funds under the Roads

to Recovery program due to a one off unanticipated increase in allocation for the 2015/16 financial year; and

A forecast increase of $500,000 for unbudgeted grant funds for the Boya

Community Facility due to receiving these funds earlier than anticipated.

Statutory Services Expenditure Forecast end of year expenditure is $64,536 greater than the original budget. The reasons for this variation are:

A forecast savings of $5,000 in expenditure for environmental consultation and promotion as these funds have been reallocated to the Sculpture Project to fund signage for a fauna art project;

A forecast increase of $20,000 in expenses relating to fire control (original

budget $158,590). Relates to the unbudgeted cost of posting out the Shire’s annual fire break notices. These notices had previously been posted together with annual rate notices, however it was decided it would be of more benefit to send these notices out separately and later in the year (ie closer to the lead up to the Bushfire season); and

Unbudgeted forecast expenditure of $48,249 for an Incident Control Vehicle

Shed. This offset by unbudgeted grant funding.

Revenue Forecast end of year income is $177,822 greater than the original budget.

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The reasons for this variation are:

A forecast increase of $20,000 for unbudgeted grant funds received for Friends Groups;

A forecast increase of $46,000 for dog registration fees (original budget $75,000) due to a higher than anticipated number of registrations and the number of people opting for ‘life-time’ registrations;

A forecast increase of $10,000 in fines income (Original budget $25,000)

under the Dog Act 1974; A forecast increase of $80,000 for unbudgeted grant income for an Incident

Control Vehicle Shed; and A forecast increase of $17,412 for planning application fees.

VOTING REQUIREMENT

Absolute Majority

COUNCIL DECISION C8.02.16 RECOMMENDATION

Moved by: Cr Cook Seconded by: Cr Bertola

That Council -

1. Approves, by absolute majority, the mid-year budget review as per the

forecast figures indicated in the attached Statement of Financial Activity and Cost Summary Report by Directorate (ATTACHMENT 9);

2. notes the change in the forecast closing budget surplus from $1,773,841 to $1,685,849; and

3. notes the forecast changes under the Officer’s comments in the report, which form part of the annual budget review for 2015/16.

CARRIED BY ABSOLUTE MAJORITY 11/0

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Nil

Next Report

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Attachment 9

Report 10.6

2 Pages

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Shire of MundaringBudget Review - Statement of Financial Activity

for period ending 31 December 20152015/16 2015/16 2015/16 2015/16 Variance Variance

YTD Budget YTD Actuals BUDGET (a) Forecast (b) (b) - (a) %$ $ $ $ $

Operating Revenues General Purpose Funding 2,039,721 1,091,427 3,987,691 2,279,220 (1,708,471) (42.84)

Governance 50,848 109,210 91,700 136,684 44,984 49.06

Law, Order & Public Safety 269,604 207,426 455,200 449,511 (5,689) (1.25)

Health 27,846 39,476 55,700 55,700 - 0.00

Education & Welfare 2,698,828 2,934,657 4,964,318 4,993,007 28,689 0.58

Community Amenities 7,404,078 7,445,867 7,626,183 7,643,595 17,412 0.23

Recreation and Culture 494,002 517,733 1,130,210 1,167,273 37,063 3.28

Transport 20,676 15,089 134,364 181,391 47,027 35.00

Economic Services 121,752 124,487 243,500 244,216 716 0.29

Other Property and Services 2,589,279 849,397 3,810,967 3,810,967 - -

Total (Excluding Rates) 15,716,634 13,334,768 22,499,833 20,961,564 (1,538,269) (6.84)

Operating Expenses General Purpose Funding (306,538) (346,764) (609,075) (615,457) (6,382) 1.05

Governance (3,064,875) (2,662,059) (5,766,563) (5,727,112) 39,451 (0.68)

Law, Order & Public Safety (1,236,663) (1,262,175) (2,288,974) (2,307,905) (18,931) 0.83

Health (421,278) (352,243) (816,121) (835,750) (19,629) 2.41

Education & Welfare (3,888,908) (3,719,247) (7,301,420) (7,295,729) 5,691 (0.08)

Community Amenities (4,818,105) (4,259,546) (9,295,789) (9,290,422) 5,367 (0.06)

Recreation and Culture (5,293,926) (5,175,224) (10,332,068) (10,409,672) (77,604) 0.75

Transport (5,095,316) (5,021,074) (10,120,141) (10,131,141) (11,000) 0.11

Economic Services (402,316) (394,476) (785,364) (786,275) (911) 0.12

Other Property and Services (1,713,983) (851,374) (3,252,120) (3,205,522) 46,598 (1.43)

Total (26,241,908) (24,044,181) (50,567,635) (50,604,985) (37,350) 0.07

Adjustments for Cash Budget Requirements:Depreciation on Assets 4,115,268 4,124,911 8,230,604 8,230,604 - - (Profit)/Loss on Disposal of Assets (1,298,182) 77,727 (1,266,364) (1,239,675) 26,689 (2.11) Deferred Rates Adjustment - 32,071 - - - - Net Operating Result (Excluding Rates) (7,708,188) (6,474,704) (21,103,562) (22,652,492) (1,548,930) 7.34

Capital RevenuesProceeds from Disposal of Assets 7,708,752 6,692,896 7,827,509 7,862,618 35,109 0.45 Grants and Contributions 2,137,708 1,943,464 5,387,174 6,484,449 1,097,275 20.37 Proceeds from New Debentures - - 9,600,000 8,800,000 (800,000) (8.33) Transfers from Reserves 4,328,647 - 13,902,166 13,804,206 (97,960) (0.70) Total 14,175,107 8,636,360 36,716,849 36,951,273 234,424 0.64

Capital ExpensesPurchase Property, Land & Equipment (5,970,897) (1,119,072) (9,726,397) (10,588,545) (862,148) 8.86 Purchase Infrastructure (3,376,743) (1,916,227) (7,611,854) (8,750,250) (1,138,396) 14.96 Repayment of Debentures (170,538) (104,835) (341,075) (257,075) 84,000 (24.63) Transfers to Reserves (16,466,000) (156,347) (26,211,000) (25,322,000) 889,000 (3.39) Total (25,984,178) (3,296,481) (43,890,326) (44,917,870) (1,027,544) 2.34 Net Capital (11,809,071) 5,339,879 (7,173,477) (7,966,597) (793,120) 11.06

Total Net Operating and Capital (19,517,259) (1,134,825) (28,277,039) (30,619,089) (2,342,050) 8.28

Rate Revenue 24,947,888 24,363,950 25,009,786 25,079,571 69,785 0.28 Opening Surplus/(Deficit) June 30 C/Fwd. 5,041,094 7,225,367 5,041,094 7,225,367 2,184,273 43.33

Closing Surplus/(Deficit) 10,471,723 30,454,492 1,773,841 1,685,849 (87,992) (4.96)

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Current year Budget

Forecast Change

(Variance)End of year

Forecast Variance %Favorable = F

Unfavorable = U

Strategic & Community ServicesRevenue $6,137,537 $74,194 $6,211,731 1.21 FExpenditure ($14,089,011) $18,276 ($14,070,735) 0.13 FTotal ($7,951,474) $92,470 ($7,859,004) 1.16 F

Office of Chief Exceutive & Corporate ServicesRevenue $48,447,030 ($1,534,162) $45,712,868 (5.64) UExpenditure ($33,837,114) $976,010 ($31,661,104) 6.43 FTotal $14,609,916 ($558,152) $14,051,764 (3.82) U

Infrastructure ServicesRevenue $28,398,042 $17,086 $28,415,128 0.06 FExpenditure ($41,156,156) ($1,720,595) ($42,876,751) (4.18) UTotal ($12,758,114) ($1,703,509) ($14,461,623) (13.35) U

Statutory ServicesRevenue $1,274,859 $177,822 $1,452,681 13.95 FExpenditure ($5,649,730) ($64,536) ($5,714,266) (1.14) UTotal ($4,374,871) $113,286 ($4,261,585) 2.59 F

Total Shire of MundaringRevenue $84,257,468 ($2,465,060) $81,792,408 (2.93) UExpenditure ($94,732,011) $409,155 ($94,322,856) 0.43 FNet Revenue ($10,474,543) ($2,055,905) ($12,530,448) (19.63) U

Shire of Mundaring

Budget Review - Directorate Forecast Summary Report for the year to date 31 December 2015

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10.7 Delegations Register – Annual Review

File Code OR.CMA 1

Author Danielle Courtin, Governance Coordinator

Senior Employee Paul O’Connor, Director Corporate Services

Disclosure of Any Interest

Nil

SUMMARY The annual review of the delegations register has been undertaken and is presented to Council for endorsement (ATTACHMENT 10). BACKGROUND The delegations register is an important document within Council’s governance framework. The Local Government Act 1995 (the Act) and other legislation administered by local government enable Council to delegate certain powers and duties to the Chief Executive Officer (CEO) to provide efficiencies in decision making powers and duties of Council. The CEO in turn may further delegate to any employee of the local government the exercise of any of his/her powers and duties - other than the power of delegation - as considered appropriate. Council can also delegate limited powers and duties to certain committees. STATUTORY / LEGAL IMPLICATIONS Section 5.42 of the Act enables Council to delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act, subject to the limitations prescribed in section 5.43. Section 5.16 of the Act provides for the delegation of some powers and duties to certain committees of Council, subject to the limitations prescribed in section 5.17. Other legislation such as the Bush Fires Act 1954, the Planning and Development Act 2005, the Food Act 2008, the Building Act 2011, the Dog Act 1976 and the Cat Act 2011 enable Council to delegate specific powers and duties to employees. Sections 5.18 and 5.46 of the Act require that a delegations register be maintained and reviewed at least once each financial year. Sections 5.74 to 5.76 of the Act require that an employee to whom a duty or power has been delegated under the Act must lodge an Annual Return by 31 August each year.

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Certain legislation, such as the Health Act 1911 or the Caravan Parks and Camping Grounds Act 1995 does not provide a power to delegate, but allows a local government to appoint authorised persons. These authorised persons can exercise the specific power for which they have been authorised in their own right. Such appointments are made by the relevant State Government department on recommendation from the local government CEO. In addition to covering delegations section 5.45 of the Act states that nothing prevents a local government from performing any of its functions by acting through a person other than the CEO or a CEO from performing any of his or her functions by acting through another person. The meaning of “acting though” is not specifically defined in the Act, but it is generally accepted that where a person has no discretion in carrying out a function, that function can be undertaken by “acting through”. POLICY IMPLICATIONS A number of delegations are subject to compliance with Council’s policy on the matter. This is noted in the “compliance links” section of the delegation. FINANCIAL IMPLICATIONS There are no financial implications. STRATEGIC IMPLICATIONS Strategic Community Plan 2013 – 2023:

Strategic Theme: Thriving Community; and Strategic Theme: Respected Civic Leadership.

SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS

Delegation of power to the CEO and employees will ensure actions undertaken by Council are compliant with legislative requirements. Failure to undertake the annual review constitutes a breach of statutory obligations. EXTERNAL CONSULTATION Nil COMMENT

The delegations register was last reviewed and presented to Council for endorsement in February 2015. The current delegations provide an appropriate level of authority to the CEO and committees to enable timely consideration of day to day local government matters. They promote accountability and are considered a pro-active management tool.

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Only one alteration is proposed to be made as a result of the current review: in delegation CE-153 (Powers of Entry) it is proposed to limit the sub-delegation for depot employees to supervisors only. The previous sub-delegation included twelve supervised employees, however upon review this delegation is no longer considered necessary or appropriate. With regard to delegation CE-83 – Town Planning Schedules A and B: the Shire’s Local Planning Scheme No. 4 will be the subject of ongoing change over the next six months as the State’s ‘Planning Reform’ package continues to be implemented. Changes expected to have significant implications on the Shire include the State’s new bush fire provisions and the ‘Instant Start’ initiative. Planning Services are currently analysing and preparing an amendment to consolidate the Shire’s LPS4 with the ‘deemed provisions’ recently released in October 2015. The Shire also has Amendment 1 currently with the Western Australian Planning Commission, which amongst mostly administrative changes, proposes greater flexibility for landowners proposing subdivisions that achieve better private conservation. Hence, it appears prudent to postpone a full review of the planning delegations until the legislative framework stabilises later this year.

VOTING REQUIREMENT Simple Majority COUNCIL DECISION C9.02.16 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Cook That Council endorses the 2016 annual review of the delegations register (ATTACHMENT 10). CARRIED 10/1

For: Cr Lavell, Cr Bertola, Cr Martin, Cr Clark, Cr Daw, Cr Brennan, Cr Cook, Cr Fox, Cr Jeans, Cr Cuccaro Against: Cr Fisher

Next Report

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Attachment 10

Report 10.7

53 pages

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DELEGATIONS REGISTER

2015

as at 10 February 2015

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Review

Reviewed by Date approved Council decision number

Council 26 February 2013 C16.02.13

Council 25 February 2014 C17.02.14

Council 10 February 2015 C5.02.15

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Amendments

Delegation Council Meeting Date

Decision Number Amendment

COM-49 Select Winners of Australia Day Citizenship Awards

23 October 2013 SC12.10.13 new

CE-143 Cat Act 2011 Delegation

12 November 2013 C16.11.13 new

CE-147 Dog Act 1976 Delegation

28 January 2014 C13.01.14 new

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land

28 January 2014 C9.01.14 new

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25

28 January 2014 C9.01.14 new

CE-150 Performing Particular Things on Land which is not Local Government Property

28 January 2014 C9.01.14 new

CE-5 Designate Senior Employees

25 February 2014 C17.02.14 repealed

CE-120 Minor Amendments to Policies and Delegations

25 February 2014 C17.02.14 repealed

CE-123 Complaints Officer

25 February 2014 C17.02.14 repealed

CE-56 Vegetation Control Agreements

25 February 2014 C17.02.14 repealed

CE-82 Tenders for Plant and Vehicles – Review and Accept

25 February 2014 C17.02.14 repealed

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CE-109 Tenders – Determination of Criteria

25 February 2014 C17.02.14 repealed

CE-110 Regular Supply Tenders – Review and Accept

25 February 2014 C17.02.14 repealed

CE-130 New Tenders under $150,000 – Review and Accept

25 February 2014 C17.02.14 repealed

CE-145 Invite Tenders

25 February 2014 C17.02.14 repealed

CE-115 Road Closures

25 February 2014 C17.02.14 repealed

CE-78 Property Local Law – Administration of

25 February 2014 C17.02.14 repealed

CE-79 Thoroughfares Local Law – Administration of

25 February 2014 C17.02.14 repealed

CE-100 Stallholder and Trader Permits

25 February 2014 C17.02.14 repealed

CE-101 Keeping of Cats Local Law

25 February 2014 C17.02.14 repealed

CE-122 Reserve Names

25 February 2014 C17.02.14 repealed

CE-132 Suspend Parking Local law

25 February 2014 C17.02.14 repealed

CE-136 Extractive Industries Licences

25 February 2014 C17.02.14 repealed

CE-141 Caravan Park Regulations

25 February 2014 C17.02.14 repealed

CE-26 Commercial Activities – Lake Leschenaultia

25 February 2014 C17.02.14 repealed

CE-151 Expressions of Interest and Tenders

25 February 2014 C17.02.14 new

CE-15 Noise Control –

n/a n/a EPA delegation 111 replaced by

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Noise Management Plans

119 on 16 May 2014

COM-47 Investment Properties

24 June 2014 C14.06.14 repealed by disbanding IPC

CE-152 Disposal of Commercial Property

24 June 2014 C15.06.14 new replaces COM-47

CE-153 Powers of Entry

14 October 2014 C04.10.14 new

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land

28 January 2014 C9.01.14

sub-delegated to Directors on 14 November 2014

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25

28 January 2014 C9.01.14

sub-delegated to Directors on 14 November 2014

CE-152 Disposal of Commercial Property

27 January 2015 C11.01.15

condition 1 replaced by: 1. Sale of property to be not less than 90% of independent valuation and in accordance with Council’s adopted property strategy.

CE-134 Administration of Policy OR-01 “Attendance by Elected Members at Conferences”

10 February 2015 C5.02.15 repealed

CE-138 Bush Fires Act 1954 Appointments

8 September 2015 C12.09.15

appointment of additional delegates under point 2: Fire Protection Officers and Fire Hazard Inspection Officers.

CE-151 Expressions of Interest and

10 November 2015 C9.11.15 condition 2 amended so that upper limit for CEO

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Tenders and DIS is $225,000 excl. GST.

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Introduction

The Delegations of Authority contained in this manual are made to the Chief Executive Officer pursuant to section 5.42 of the Local Government Act 1995 (the Act) and to Committees pursuant to section 5.16. Where listed some of these functions are delegated by the Chief Executive Officer to Shire of Mundaring employees pursuant to section 5.44 of the Act. All delegations made by Council must be by absolute majority decision.

The Act provides that the following are decisions that cannot be delegated to the Chief Executive Officer (s. 5.43):

Any power or duty that requires a decision of an absolute majority or 75% majority of the local government.

Accepting a tender which exceeds an amount determined by the local government.

Appointing an auditor.

Acquiring or disposing of any property valued at an amount exceeding the amount determined by the local government.

Any of the local government’s powers under sections 5.98, 5.98A, 5.99, 5.99A and 5.100 of the Act.

Borrowing money on behalf of the local government.

Hearing or determining an objection of a kind referred to in section 9.5.

The power under section 9.49A (4) to authorise a person to sign documents on behalf of the local government.

Any power or duty that requires the approval of the Minister or the Governor.

Such other duties or powers as may be prescribed.

Furthermore the following regulations prescribe powers and duties which cannot be delegated to a CEO:

Regulation 18G of the Local Government (Administration) Regulations 1996 prohibits the delegation to a CEO of the powers and duties under:

(i) Sections 7.12A(2), 7.12A(3)(a) and 7.12A(4) of the Local Government Act 1995 (relating to meetings with auditors); and

(ii) Regulations 18C and 18D (relating to the selection and appointment of CEOs and reviews of their performance).

Regulation 6 of the Local Government (Financial Management) Regulations 1996 prohibits the delegation of the duty to conduct an internal audit to an employee (including a CEO) who has been delegated the duty of maintaining the local government’s day to day accounts or financial management operations.

The Act allows for the Chief Executive Officer to delegate any of their powers to another employee, this must be done in writing. These powers cannot, however, be further sub-delegated (s. 5.44). The Act also allows the delegator to place conditions on any delegations if required.

A register of delegations, being this manual, is to be kept and reviewed at least once every financial year.

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If a person is exercising a power or duty that they have been delegated, the Act requires them to keep records relating to the exercise of the power or discharge of the duty. The written record is to contain:

How and when the person exercised the power or discharged the duty; and

The persons or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Each instrument of delegation in this register describes the function being delegated and the relevant statutory reference which is the source of power for the exercise of the function. Also included is a reference to related documents such as policies of Council, which may provide guidance in the exercise of the delegation.

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Contents Corporate Services ............................................................................. 11

CE-1 Payments from Trust and Municipal Fund ..................................................................... 11

CE-2 Investments .................................................................................................................... 12

CE-74 Appointment of Authorised Persons – Local Government Act 1995 ............................ 13

CE-117 Lease Agreements ........................................................................................................... 14

CE-119 Appointment of Acting CEO ............................................................................................ 15

CE-125 Write Off Debt ................................................................................................................. 16

CE-152 Disposal of Commercial Property ................................................................................... 17

CE-153 Powers of Entry ............................................................................................................... 18

Infrastructure Services ....................................................................... 20

CE-150 Performing Particular Things on Land which is not Local Government Property ........... 20

CE-151 Expressions of Interest and Tenders ............................................................................... 22

Statutory Services .............................................................................. 24

CE-14 Noise Control – Environmental Protection Notice [s. 65(1)] .......................................... 24

CE-15 Noise Control - Noise Management Plans [Reg. 13] ....................................................... 25

CE-16 Noise Control - Noise Regulations ................................................................................... 26

CE-83 Town Planning Schedules A and B .................................................................................. 27

CE-137 Offences under LPS 4 – Stop and/or undertake certain work ........................................ 33

CE-138 Bush Fires Act 1954 Appointments ................................................................................. 35

CE-139 Building Act 2011 - Authorised Persons .......................................................................... 39

CE-140 Building Act 2011 – Permits, Certificates, Orders and Records ...................................... 40

CE-142 Food Act 2008 Delegations ............................................................................................. 41

CE-143 Cat Act 2011 Delegation ................................................................................................. 42

CE-147 Dog Act 1976 ................................................................................................................... 45

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land .. 47

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under

Section 3.25 ................................................................................................................... 49

Strategic and Community Services ................................................... 50

CE-144 Community Grants ........................................................................................................... 50

Delegations to Committees of Council ............................................. 51

COM-46 Annual Meeting with Auditor ........................................................................................ 51

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COM-48 Community Funding ....................................................................................................... 52

COM-49 Select Winners of Australia Day Citizenship Awards ..................................................... 53

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Corporate Services

CE-1 Payments from Trust and Municipal Fund

Date of adoption 22 July 1997

Function delegated That Council delegate to the Chief Executive Officer the exercise of its power to make payments from the Trust Fund or Municipal Fund (this includes Reserves and Restricted Assets).

Statutory power delegated Local Government (Financial Management) Regulations 1996 r. 12(1)(a) Payments from municipal fund or trust fund

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Corporate Services

Compliance links Local Government (Financial Management) Regulations 1996 r. 5 Financial management duties of the CEO r. 11 Payment of accounts r. 13 Lists of accounts Procedure FI-05 Signing of cheques / Approval of electronic funds transfers

Conditions Nil

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CE-2 Investments

Date of adoption 23 July 1996

Function delegated That the Chief Executive Officer be delegated authority to invest Council funds with approved financial institutions as approved by Council to achieve maximum investment potential.

Statutory power delegated Local Government Act 1995 s. 6.14 Power to invest Local Government (Financial Management) Regulations 1996 r. 19 Management of investments

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Corporate Services Manager Finance and Governance

Compliance links Local Government Act 1995 s. 6.14(2)(a) Comply with regulations Local Government (Financial Management) Regulations 1996 r. 19C Investment of money Trustees Act 1962 Part III Investments Policy FI-02 Investments Procedure FI-01 Investments

Conditions Nil

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CE-74 Appointment of Authorised Persons – Local Government Act 1995

Date of adoption 25 February 2014

Function delegated Authority to appoint persons or classes of persons as authorised persons for the purpose of fulfilling prescribed functions within the Local Government Act 1995, including the administration of the Shire of Mundaring Local Laws.

Statutory power delegated Local Government Act 1995 s. 3.24 Authorising persons under this subdivision s. 3.39 Power to remove and impound s. 9.10 Appointment of authorised persons

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Administration of the Thoroughfares Local Law is sub-delegated to: Director Statutory Services Manager Health and Community Safety Services Senior Environmental Health Officer

Compliance links Local Government Act 1995

Shire of Mundaring Local Laws

Conditions 1. The CEO may, at his discretion, refer any matter to Council for decision; and

2. Details of any prosecutions under a Local Law must be provided to Council.

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CE-117 Lease Agreements

Date of adoption 25 February 2014

Function delegated Authority to 1. renew existing lease agreements with charitable,

benevolent, religious, cultural, educational, recreational, sporting or other like nature groups or government agencies for properties that are under the care, control and management of the Shire of Mundaring either by management order, lease, sub-lease, licence, sub-licence or freehold; and

2. negotiate new lease agreements with existing lessees whose lease has expired.

Statutory power delegated Local Government Act 1995 s. 3.58 Disposing of property

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil

Compliance links Local Government (Functions and General) Regulations 1996 r. 30 Dispositions of property excluded from Act s. 3.58

Conditions Nil

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CE-119 Appointment of Acting CEO

Date of adoption 22 May 2007

Function delegated Authority to appoint an Acting Chief Executive Officer in accordance with Council’s policy relating to the “Appointment of an Acting Chief Executive Officer".

Statutory power delegated Local Government Act 1995 5.36(1)(a) Local government employees

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil

Compliance links Policy AS-03 Appointment of Acting CEO

Conditions Nil

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CE-125 Write Off Debt

Date of adoption 22 July 2008

Function delegated Authority to defer, waive, grant concession and conditions or write off any amount of money under section 6.12 of the Local Government Act 1995 to a maximum of one thousand dollars ($1,000). Note that s. 6.12(2) of the Local Government Act 1995 does not allow money owed to the Shire in respect of rates and service charges to be waived or for a concession in relation to such money to be granted.

Statutory power delegated Local Government Act 1995 s. 6.12 Power to defer, grant discounts, waive or write off debts

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil

Compliance links Local Government Act 1995 s. 6.12 Power to defer, grant discounts, waive or write off debts Local Government (Financial Management) Regulations 1996 r. 26 Discount, incentive, concession, waiver and write-off information

Conditions Nil

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CE-152 Disposal of Commercial Property

Date of adoption 24 June 2014

Function delegated Authority to determine:

1. Disposal (including sale or lease) of property;

2. Award of new lease;

3. Termination of existing lease;

4. Variation of existing lease terms;

5. Adjustment (increase or decrease) to rent payable.

Statutory power delegated Local Government Act 1995 s. 3.58, s. 3.59 (except s. 3.59(5))

Statutory power of delegation

Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Council’s conditions on delegation

1. Sale of property to be not less than 90% of independent valuation and in accordance with Council’s adopted property strategy.

2. Award, termination and variation of leases: unlimited, subject to being commercially appropriate.

3. Adjustments to rent payable: - increase: unlimited, subject to being within

10% of independent valuation; - decrease: unlimited, subject to offsetting

lessee concessions or equivalent value or being within 10% of rent payable if considered commercially appropriate.

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to n/a

CEO’s conditions on sub-delegation

n/a

Compliance links Local Government Act 1995 s. 3.58 and s. 3.59 Local Government (Functions and General) Regulations 1996

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CE-153 Powers of Entry

Date of adoption 14 October 2014

Function delegated Authority to:

1. Enter on to land to perform any function of the local government under Schedules 3.1 and 3.2 of the Act;

2. Give a notice of entry (s. 3.32);

3. Seek and execute an entry under warrant (s. 3.33);

4. Execute entry in an emergency (s. 3.34)

5. Give notice and effect entry by opening a fence (s. 3.36).

Statutory power delegated Local Government Act 1995 s. 3.32 Notice of entry s. 3.33 Entry under warrant s. 3.34 Entry in an emergency s. 3.36 Opening fences

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Manager Planning Services Manager Building Services Manager Health and Community Safety Services Coordinator Statutory Planning Coordinator Environment and Sustainability Community Safety Team Leader Senior Building Surveyor Senior Environmental Health Officer Senior Strategic Planning Officer Planning Officer Environmental Officer Environmental Health Officer Community Safety Ranger Graffiti and Minor Maintenance Officer Coordinator Civil Works Maintenance Supervisor Supervisor Construction Works Supervisor Supervisor Tree Management Team Leader Drainage Maintenance Team Leader Drainage Construction Team Leader Road Construction Team Leader Road Maintenance Civil Maintenance Officer Multi-plant Operator / Labourer

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Team Leader Arboriculture Horticultural Hand

Compliance links Local Government Act 1995 Part 3 Division 3 Subdivision 3, and specifically s. 3.31 General procedure for entering property

Conditions Nil

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Infrastructure Services

CE-150 Performing Particular Things on Land which is not

Local Government Property

Date of adoption 28 January 2014

Function delegated The Chief Executive Officer is delegated the power to carry out things prescribed in Schedule 3.2 even though the land is not local government property and the local government does not have consent to do it, as follows:

1. Carry out works for the drainage of land;

2. Do earthworks or other works on land for preventing or reducing flooding;

3. Take from land any native growing or dead timber, earth, stone, sand or gravel that, in its opinion, the local government requires for making or repairing a thoroughfare, bridge, culvert, fence or gate;

4. Deposit and leave on land adjoining a thoroughfare any timber, earth, stone, sand, gravel, and other material that persons engaged in making or repairing a thoroughfare, bridge, culvert, fence or gate do not, in the opinion of the local government, require;

5. Make a temporary thoroughfare through land for use by the public as a detour while work is being done on a public thoroughfare;

6. Place on land signs to indicate the names of public thoroughfares;

7. Make safe a tree that presents serious and immediate danger, without having to give the owner the notice otherwise required by regulations;

8. Obliterate graffiti that is visible from a public place and that has been applied without the consent of the owner or occupier.

Statutory power delegated Local Government Act 1995 s. 3.27 Particular things local governments can do on land that is not local government property

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties

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to other employees

Sub-delegated to Director Infrastructure Services

Compliance links Local Government Act 1995 Schedule 3.2 Particular things local governments can do on land even though it is not local government property

Conditions Nil

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CE-151 Expressions of Interest and Tenders

Date of adoption 25 February 2014

Function delegated Authority to determine:

6. to call tenders [F&G Reg. 11];

7. to invite tenders though not required to do so [F&G

Reg. 13];

8. the selection criteria for deciding which tender should be accepted [F&G Reg. 14(2a)];

9. the information to be disclosed to those interested in submitting a tender [F&G Reg. 14(4)(a)];

10. to vary tender information after public notice of invitation to tender and before the close of tenders [F&G Reg. 14(5)];

11. to seek clarification from tenderers in relation to information contained in their tender submission [F&G Reg. 18(4a)];

12. to evaluate tenders and decide which is the most advantageous [F&G Reg. 18(4)];

13. to accept or reject tenders [F&G Reg. 18(2) and (4)];

14. to decline any tender [F&G Reg. 18(5)];

15. minor variations before entering into a contract [F&G Reg. 20];

16. to accept the next most advantageous tender where within 6 months of accepting a tender a contract has not been entered into, or the successful tenderer agrees to terminate the contract [F&G Reg. 18 (6) and (7)];

17. appropriate circumstances for seeking and inviting expressions of interest for the supply of goods or services [F&G Reg. 21];

18. to consider expressions of interest which have not been rejected and determine those which are capable of satisfactorily providing the goods or services, for listing as acceptable tenderers [F&G

Reg. 23].

Statutory power delegated Local Government Act 1995 s. 3.57 Tenders for providing goods and services Local Government (Functions and General) Regulations 1996 r. 11 When tenders have to be publicly invited r. 13 Requirements when local government invites tenders though not required to do so r. 14(2a) and (5) Publicly inviting tenders, requirements for r. 18 Rejecting and accepting tenders

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r. 20 Variation of requirements before entry into contract r. 21 Limiting who can tender, procedure for r. 23 Rejecting and accepting expressions of interest to be acceptable tendered

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Council’s conditions on delegation

1. Regular supply tenders and tenders for plant and vehicles: may accept the most advantageous tender for all items identified in the adopted Annual Budget;

2. Other tenders: may only accept a tender where the consideration under the resulting contract is $150,000 (excluding GST) or less and the item is identified in the adopted Annual Budget.

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services (DIS)

CEO’s conditions on sub-delegation

1. Regular supply tenders and tenders for plant and vehicles: may accept the most advantageous tender for all items identified in the adopted Annual Budget;

2. Other tenders: may only accept a tender where the consideration under the resulting contract is $150,000 (excluding GST) or less and the item is identified in the adopted Annual Budget;

3. Tender must be relevant to DIS’s area of responsibility;

4. DIS cannot accept tenders for which he/she has determined the criteria.

Compliance links Local Government (Functions and General) Regulations 1996 – Part 4 Division 2 Local Government (Functions and General) Regulations 1996 r. 31 Anti-avoidance provision for Act s. 3.58 Policy AS-04 Purchasing Policy Procedure FI-03 Ordering of Goods and Services Procedure FI-04 Quotations for Purchase of Goods and Services

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Statutory Services

CE-14 Noise Control – Environmental Protection Notice [s.

65(1)]

ENVIRONMENTAL PROTECTION ACT 1986

Section 20

DELEGATION No. 52

Pursuant to section 20 of the Environmental Protection Act 1986, the Chief Executive Officer hereby delegates as follows—

Powers and duties delegated—

All the powers and duties of the Chief Executive Officer, where any noise is being or is likely to be emitted from any premises not being premises licensed under the Act, to serve an environmental protection notice under section 65(1) in respect of those premises, and where an environmental protection notice is so served in such a case, all the powers and duties of the Chief Executive Officer under Part V of the Act in respect of that environmental protection notice.

Persons to whom delegation made—

This delegation is made to any person for the time being holding or acting in the office of Chief Executive Officer under the Local Government Act 1995.

Pursuant to section 59(1)(e) of the Interpretations Act 1984, Delegation No. 32, dated 4 February 2000 is hereby revoked.

Dated this 9th day of January 2004. Approved—

FERDINAND TROMP, A/Chief Executive Officer.

Dr JUDY EDWARDS MLA, Minister for the Environment.

Government Gazette 19 March 2004 – page 919.

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CE-15 Noise Control - Noise Management Plans [Reg. 13]

EV401* ENVIRONMENTAL PROTECTION ACT 1986

DELEGATION NO. 119

I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to the holder for the time being of the offices of —

(a) Chief Executive Officer under the Local Government Act 1995; and (b) to any employee of a local government under the Local Government Act 1995

who is appointed as an Authorised Person under section 87 of the Act,

all my powers and duties in relation to noise management plans under regulation 13 of the Environmental Protection (Noise) Regulations 1997 other than this power of delegation. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 111, gazetted 20 December 2013, is hereby revoked. Dated the 1st day of May 2014.

JASON BANKS, Acting Chief Executive Officer. Approved by —

Hon ALBERT JACOBS JP MLA, Minister for Environment: Heritage.

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CE-16 Noise Control - Noise Regulations

ENVIRONMENTAL PROTECTION ACT 1986

DELEGATION NO. 112

I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department of Environment Regulation responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to any person for the time being holding or acting in the office of a Chief Executive Officer under the Local Government Act 1995, my powers and duties under the Environmental Protection (Noise) Regulations 1997, other than this power of delegation, in relation to —

(a) waste collection and other works—noise management plans relating to specified works under regulation 14A or 14B;

(b) bellringing or amplified calls to worship—the keeping of a log of bellringing or amplified calls to worship requested under regulation 15(3)(c)(vi);

(c) community activities—noise control notices in respect of community noise under regulation 16;

(d) motor sport venues—noise management plans in relation to motor sport venues under Part 2 Division 3;

(e) shooting venues—noise management plans in relation to shooting venues under Part 2 Division 4;

(f) calibration results—requesting, under regulation 23(b), details of calibration results undertaken and obtained under Schedule 4;

(g) sporting, cultural and entertainment events—approval of events or venues for sporting, cultural and entertainment purposes under Part 2 Division 7, subject to the following limitation—

(i) Subregulation 18(13)(b) is not delegated. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 68, gazetted 22 June 2007 is hereby revoked. Dated the 12th day of December 2013.

JASON BANKS, Acting Chief Executive Officer.

Approved by – JOHN DAY, Acting Minister for Environment; Heritage.

Government Gazette 20 December 2013 - page 6282.

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CE-83 Town Planning Schedules A and B

Date of adoption 28 October 2003

Power or duty to be exercised A. That in accordance with the various Acts of Parliament referred to in Schedule A, Council delegate to its Chief Executive Officer those matters detailed under the heading Schedule A, Delegation of Authority to the Chief Executive Officer.

B. That in accordance with Clause 11.3 of the Shire of Mundaring Local Planning Scheme No. 4, Council delegate authority to the Chief Executive Officer for those matters detailed in the attached Schedule B, Delegation of Authority to the Chief Executive Officer.

C. Council notes that in accordance with the provisions of the various Acts of Parliament referred to in Schedule A and Clauses 11.3.1 and 11.3.2 the Chief Executive Officer may delegate the matters delegated to him in Schedules A and B in the attached Instruments of Delegation to such officers as deemed appropriate.

D. Where the words “Local Planning Scheme No. 4” appear in schedule A and B, referring to a delegation of Council’s Powers, they be replaced with the words “current Local Planning Scheme”.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to Director Statutory Services; Manager Planning Services; Coordinator Statutory/Strategic Planning; Statutory/Strategic Planning Officer; Manager Health and Community Safety Services; Manager Building Services

On-delegation reference SS-45

Conditions n/a

Head of power Local Planning Scheme No. 4 cl.11.3 Local Government Act 1995 s. 5.42

Referring legislation Various Acts of Parliament;

Shire of Mundaring Local Planning Scheme No. 4

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CE-83: Schedule A

DSS – Director Statutory Services MPS – Manager Planning Services CSP – Coordinator Statutory/Strategic Planning PO – Statutory/Strategic Planning Officer MBS – Manager Building Services

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-1 Issue planning approval in respect of development requiring referral to WAPC and or Main Roads.

CEO DSS MPS

P-2

Certify that buildings and land parcels the subject of an application under the Strata Titles Act 1985 have been inspected and are consistent with building plans and specifications approved by Council.

CEO DSS MPS

P-3

Oppose applications lodged with the Warden’s Court for mining tenements, exploration licences, prospecting licences and other forms of mining tenement within the Shire of Mundaring.

CEO DSS MPS

P-4 Recommend street names to the Geographic Names Committee of Landgate.

CEO DSS

P-5 Recommend reserve names to the Geographic Names Committee of Landgate.

CEO DSS

CE-83: Schedule B

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-6 Make recommendations direct to WAPC for the deferral or approval (with or without conditions) of any subdivision application.

CEO

DSS MPS CSP PO

P-7 Make recommendations direct to WAPC for refusal of any subdivision application.

CEO MPS CSP

P-8 Make recommendations direct to WAPC for the approval (with or without conditions) of amalgamation applications.

CEO MPS CSP PO

P-9 Respond to notices of appeal and requests for reconsideration in respect of subdivisions, amalgamations or conditions.

CEO MPS CSP

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Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-10

Certify on diagrams/plans of survey that the conditions of approval imposed by WAPC or SAT upon proposed subdivisions or amalgamations have been fulfilled to the satisfaction of Council.

CEO MPS CSP PO

P-11

Accept the care, control and management (vesting) of all reserves acquired for public open space as a condition of subdivision, under s. 152 of the Planning and Development Act 2005.

CEO MPS CSP

P-12

a. Adopt Structure Plans showing tree preservation/tree planting areas and building envelopes for thirty-five (35) lots or less in those areas not identified by Council as requiring comprehensive Structure Plans.

b. Determine applications for building envelopes in the Residential R2.5, Rural Residential and Rural Small Holdings Zones.

CEO

a: DSS MPS CSP b: MPS CSP PO

P-13 Determine modifications to adopted Structure Plans and provide recommendations to WAPC on modifications to adopted Structure Plans.

CEO MPS CSP PO (part)

P-14 Approve “P” uses. CEO MPS CSP PO (part)

P-15 Refuse “X” uses. CEO MPS CSP

P-16 Approve “D” uses. CEO MPS CSP PO (part)

P-17 Approve “A” uses. CEO MPS CSP

P-18 Revoke or vary any condition of planning approval, pursuant to clause 10.3(a) of the Scheme.

CEO MPS CSP

P-19 Approve home occupation applications and renewal of those approvals.

CEO MPS CSP PO

P-20 Approve applications for Family Day Care. CEO MPS CSP PO

P-21 Approve applications for construction of display homes and land sales offices.

CEO MPS CSP

P-22 Approve one tennis court on any lot zoned Residential, Rural Residential, Rural Small Holdings and General Agriculture.

CEO MPS CSP

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Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-23 Approve applications for routine and/or occasional dam maintenance.

CEO MPS CSP

P-24 Approve applications for advertisements. CEO MPS CSP

P-25

Part of Mundaring Trade Centre: a. Approve service commercial development

on the service commercial components of lots 20 to 28 inclusive prior to the construction of residences on such lots.

b. Approve single houses on the residential components of lots 20 to 28 inclusive.

CEO MPS CSP

P-26 Approve the erection of banners for special events.

CEO MPS CSP

P-27

Grant approval for the use or development on land that is depicted as a Local Reserve under the current Local Planning Scheme in accordance with clause 3.4 of the Scheme.

CEO DSS MPS

P-28 Grant approval for any requests for secondary fences along Helena Valley Road.

CEO MPS CSP

P-29

a. Approve applications for relaxation of boundary setbacks for development in all zones.

b. Determine primary and secondary street frontages for the purpose of applying building setbacks.

c. Approve buildings projecting into the visual truncation provided that the Director Infrastructure Services is satisfied that such intrusion would not be detrimental to traffic safety.

CEO MPS CSP PO

P-30

Approve construction of buildings outside the nominated building envelopes in Rural residential, Rural Small Holdings or Residential R2.5 zones or outside building envelopes defined in covenants placed on titles by legal agreement with the Council.

CEO MPS CSP PO

P-31

Approve the relaxation of the standards for sand pads referred to in the Scheme when considering a subdivision plan or an application for planning approval or a building licence.

CEO MPS CSP PO

P-32 Approve relaxation of the standards referred to in the site coverage and plot ratio standards in the Scheme.

CEO MPS CSP PO

P-33 Approve relaxation of the standards referred to in the number of buildings standards in the Scheme.

CEO MPS CSP PO

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Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-34 Determine all applications for planning approval for outbuildings in accordance with Local Planning Scheme No. 4.

CEO MPS CSP PO

P-35 Approve applications for over-height buildings that do not comply with the standards prescribed by Local Planning Scheme No. 4.

CEO MPS CSP

P-36

Approve the relaxation of the requirement to bitumen surface driveways and parking areas in developments of a commercial nature outside the Town centre zone.

CEO MPS CSP

P-37

a. Approve building licence applications that do not comply with the relevant Deemed-to-Comply provisions of the Residential Design Codes.

b. Approve applications for planning approval that do not meet the relevant Deemed-to-Comply provisions of the Residential Design Codes.

CEO MBS MPS CSP

P-38

Determine all applications for planning approval involving Bed & Breakfast establishments, in accordance with Council’s adopted Bed & Breakfast Establishments Policy (Code).

CEO MPS CSP

P-39

Determine all applications for planning approval involving transportable structures, in accordance with Council’s Transportable Structures Policy (Code).

CEO MPS CSP

P-40

Determine all applications for planning approval involving retrospective development, in accordance with Council’s adopted Retrospective Development Policy (Code).

CEO DSS MPS

P-41 Approve applications for relaxation of car parking requirements for developments in all zones.

CEO MPS CSP

P-42 Approve applications for relaxation of landscaping requirements for developments in all zones.

CEO MPS CSP PO

P-43

Approve proposals that were previously granted planning approval, where that approval has since expired or is due to expire prior to project commencement or completion, without the need to advertise such proposal for public comment.

CEO DSS MPS CSP

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Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-44

a. Reduce the fees payable on a new application for planning approval to not less than 20% of the set charge, subject to the new application being substantially unchanged from a previous proposal considered by Council or the CEO under delegated authority.

b. Waive the administration fee payable for a new application for planning approval where in the opinion of that officer the application is of a minor nature.

CEO DSS MPS

P-45

a. Respond on behalf of Council to notices of appeals in respect of refusals of applications for planning approval or conditions imposed on planning approvals, providing that any response achieves a result which accords with Council’s objectives as set forth in the current Local Planning Scheme.

b. Recommend conditions of approval on development applications that were approved with conditions or refused by Council or the CEO acting under delegated authority and which were subject of an appeal subsequently upheld by SAT.

CEO DSS MPS

P-46 Remove caveats placed on Certificates of Title as a result of conditions of subdivision or planning approval.

CEO MPS CSP

P-47 Approve applications for extractive industry licences in accordance with Extractive Industries Local law.

CEO DSS

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CE-137 Offences under LPS 4 – Stop and/or undertake certain work

Date of adoption 26 October 2010

Power or duty to be exercised A. Authority is delegated to the Chief Executive Officer to issue written directions, in accordance with Clause 214(2) of the Planning and Development Act 2005, to a landowner who is committing an offence under the Shire of Mundaring’s Local Planning Scheme No. 4 by: 1. Developing an ‘X’ use in the Scheme; 2. Storing a transportable structure on a residential property; 3. Conducting works in a watercourse; 4. Occupying ancillary accommodation; 5. Removing vegetation; 6. Storing materials in the front or rear yard of a Residential, Rural Residential, Rural Small Holdings or General Agriculture zoned property so that those stored materials are detrimental to amenity in accordance with 5.7.11.1 of the Scheme; 7. Constructing a building; 8. Parking a commercial vehicle; 9. Conducting earthworks, including but not limited to the construction of a dam; 10. Conducting business operations on a property; zoned Residential, Rural Residential, Rural Small Holdings or General Agriculture; 11. Development not in accordance with a planning approval of the Shire; 12. Keeping stock. B. Authority is delegated to the Chief Executive Officer to issue written directions, in accordance with Clause 214(3) of the Planning and Development Act 2005, to a landowner who has committed an offence under the Shire of Mundaring’s Local Planning Scheme No. 4 by having: 1. Developed an ‘X’ use in the Scheme; 2. Stored a transportable structure on a residential property; 3. Conducted works in a watercourse; 4. Occupied ancillary accommodation; 5. Removed vegetation; 6. Stored materials in the front or rear yard of a Residential, Rural Residential, Rural Small Holdings or General Agriculture zoned property so that those stored materials are detrimental to amenity in accordance with 5.7.11.1 of the Scheme.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to Director Statutory Services

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On-delegation reference n/a

Conditions n/a

Head of power Local Government Act 1995 s. 5.42

Referring legislation Planning and Development Act 2005 clause 214 (2) and 214 (3) Shire of Mundaring Local Planning Scheme No. 4

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CE-138 Bush Fires Act 1954 Appointments

Date of adoption 9 August 2011

Function delegated 1. That pursuant to the provisions of Section 48 of the Bush Fires Act 1954, Council delegates to the Chief Executive Officer the performance of its functions under the Act as detailed in ATTACHMENT 3 entitled “Delegations to Chief Executive Officer under the Bush Fires Act 1954”;

2. That pursuant to Section 59(3) and 59A of the Bushfires Act 1954 the Manager Health and Community Safety Services, Team Leader Community Safety and any person appointed to the position of Community Safety Ranger, Fire Protection Officer and Fire Hazard Inspection Officer are appointed to consider allegations of offences alleged to have been committed against the Act in the Shire of Mundaring and if the delegate thinks fit to institute and carry on proceedings in the name of the Shire of Mundaring against any person alleged to have committed those offences; 3. That pursuant to Section 17(10) of the Bush Fires Act 1954 the Shire President and Chief Bush Fire Control Officer jointly are delegated to: (A) Vary the prohibited burning times in the whole of, or part of the Shire of Mundaring by shortening, extending, suspending, reimposing a period of prohibited burning times or by imposing a further period of prohibited burning times. (B) Rescind or modify the variation upon receipt of a notice by the Shire of Mundaring from the Minister directing the Shire to rescind or modify such variation.

Statutory power delegated Bush Fires Act 1954

Statutory power of delegation Bush Fires Act 1954 s. 48, s. 17 and s. 18

Delegator Council of the Shire of Mundaring

Delegate As specified above: Chief Executive Officer Manager Health and Community Safety Services Team Leader Community Safety Community Safety Rangers Fire Protection Officers Fire Hazard Inspection Officers Shire President & Chief Bush Fire Control Officer jointly

Statutory power to sub-delegate

No statutory power to sub-delegate provided in the Bush Fires Act 1954

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Sub-delegated to Nil

Compliance links Bush Fires Act 1954

Bush Fires Regulations 1954

Bush Fires (Infringements) Regulations 1978

CE-138 Attachment 3

Delegations to the CEO under the Bush Fires Act 1954 and the Bush Fires Regulations 1954

Section 13 (4) Authorise bush fire liaison officer or another person to take control of all operations in relation to a fire.

Section 18 (5) Declare and vary restricted burning times and conditions.

Section 18 (10A) Declare when and by whom bush may be burnt.

Section 18 (10B) Determine date by which applications to set fire to bush are to be submitted and allocate day or days on which burning may take place.

Section 18 (10C) Vary the notice required in relation to burning permitted under 10B.

Section 22 (6) Arrange with the occupier of exempt land and the occupier of land adjoining exempt land to co-operate in burning firebreaks on the respective lands.

Section 22 (7) Specify the dimensions of firebreaks required in association with burning to be conducted as per s. 22 (6).

Section 23 (1) (b)

During prohibited burning times permit the owner or occupier of land to burn bush on a road reserve adjoining his land or to burn bush on any of his land that is grass land, for the purpose of protecting pasture or crop growing on his land from damage by fire.

Section 24F (2) (b) (ii)

Give written permission during limited burning times to burn garden refuse in an incinerator where there is no inflammable material within 2 metres of the incinerator, a person is present until the fire is extinguished and when the fire is no longer required, it is completely extinguished by the application of water or earth.

Section 24G (2) Prohibit or restrict the burning of garden refuse by notice published in the Gazette and a newspaper circulating in the district.

Section 24G (5) Vary or cancel a notice issued under 24G (2).

Section 25 (1) (a) Approve in writing the lighting of a fire for the purpose of camping or cooking at a time when the fire danger is catastrophic, extreme, severe or very high.

Section 25 (1) (b) Approve the lighting of a fire in the restricted or prohibited burning times for the conversion of bush into charcoal or in or about a lime kiln.

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Section 25 (1a)

Prohibit the lighting of fires in the open air for the purpose of camping or cooking during the prohibited burning times by notice published in the Government Gazette and in a newspaper circulating in the district.

Section 25A (5)

Notwithstanding any provision of this section issue a notice in writing on a person to whom a ministerial exemption has been granted prohibiting that person from lighting a fire to which the exemption relates.

Section 27 (2)

Permit the use of tractors the exhaust pipes of which are not vertical, so long as the other requirements specified in respect of a tractor in paragraph a) of subsection (1) and any notice under subsection (3) are complied with.

Section 27 (3)

Prohibit the operation of any tractor or self-propelled harvester that is not equipped with a fire extinguisher, by notice in a newspaper circulating in the district and by radio broadcast with coverage to the district and by display of such notice in prominent positions in the district.

Section 27 (4) Vary or cancel a notice issued as per subsection (3).

Section 28 (5)

Recover the expenses of the local government incurred in extinguishing a fire where the occupier of the land on which the fire is situated has failed to take measures to extinguish it.

Section 33 (1)

Give notice to an owner or occupier of land by publishing a notice in the Government Gazette and in a newspaper circulating in the district requiring the installation and maintenance of fire breaks and to take other specified actions in relation to anything on the land which is conducive to the outbreak of a bush fire or the spread or extension of a bush fire.

Section 33 (4)

Direct a bush fire control officer, or any officer of the local government with required workmen or contractors to enter upon the land of an owner or occupier who fails or neglects to comply with the notice issued as per subsection (1) to carry out the works required.

Section 33 (5)

Ascertain and fix the amount of any costs incurred in carrying out works as per (4) and recover same in a court of competent jurisdiction as a debt due from the owner.

Section 33 (6)

At the request of the owner or occupier of land within its district, carry out on the land, at the expense of the owner or occupier, any works for the removal or abatement of a fire danger, and recover the amount of the expense, if not paid on demand, from the owner or occupier in a court of competent jurisdiction.

Section 38 (1) and (2A)

Appoint such persons as considered necessary to be bush fire control officers including a Chief Bush Fire Control Officer and a Deputy Chief Bush Fire Control Officer and cause notice of such appointments to be published at least once in a newspaper circulating in the district.

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Section 38 (5A)

Issue directions to a bush fire control officer or to an officer of a bush fire brigade to burn, subject to the provisions of the Act, bush on, or at the margins of, streets, roads, and ways, under the care, control and management of the Shire.

Section 38 (8) and (9)

Subject to DFES declaring the Shire an approved local government, appoint such numbers of senior bush fire control officers to the office of fire weather officer and define the part of the district in which each fire weather officer may exercise the powers conferred by the Act.

Section 38 (10) Appoint one or more persons to be deputies of a fire weather officer appointed under (8) and (9).

Section 46

Prohibit or postpone the lighting of a fire where it is considered that the fire if lit would be or become a source of danger by escaping from the land on which it is proposed to be lit.

Regulation 20

Prohibit the issue of a permit to burn subterranean clover if such burning may be a source of danger to lands adjoining the land on which the proposed burning is to take place.

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CE-139 Building Act 2011 - Authorised Persons

Date of adoption 13 December 2011

Function delegated Authority to 1. Designate an employee as an authorised person

under s. 96(3) of the Building Act 2011; and 2. Limit the powers of an authorised person by

imposing conditions on a person’s instrument of designation or by written notice and at any time revoke or vary such condition or notice.

Statutory power delegated Building Act 2011 s. 96(3) Authorised persons s. 99 Limitation on powers of authorised person

Statutory power of delegation Building Act 2011 s. 127 Delegation: special permit authorities and local governments

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Building Act 2011 s. 127(6A) Delegation: special permit authorities and local governments – power to sub-delegate is limited to CEO’s

Sub-delegated to n/a

Compliance links Building Act 2011

Building Regulations 2012

Building Code of Australia

Conditions CEO to be satisfied that authorised person is suitably qualified in accordance with s. 5.36 (3) of the Local Government Act 1995.

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CE-140 Building Act 2011 – Permits, Certificates, Orders and

Records

Date of adoption 13 December 2011

Function delegated Authority for suitably qualified persons who, in the opinion of the Chief Executive Officer have the qualifications to undertake the roles and functions of a building surveyor, to administer Building Act 2011 sections: 20 - Grant of building permit 21 - Grant of demolition permit 22 - Further grounds for not granting an application 27 - Conditions imposed by permit authority 55 - Occupancy permits and building approval certificates, further information 58 - Grant of occupancy permit, building approval certificate 62 - Conditions imposed by permit authority 65 - Extension of period of duration 110 - Building orders 117 - Revocation of building order 118 - Permit authority may give effect to building order if non-compliance; and 131 - Inspection, copies of building records.

Statutory power delegated Building Act 2011 s. 20, 21, 22, 27, 55, 58, 62, 65, 110, 117, 118 and 131

Statutory power of delegation Building Act 2011 s. 127 Delegation: special permit authorities and local governments

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Building Act 2011 s. 127(6A) Delegation: special permit authorities and local governments – power to sub-delegate is limited to CEO’s

Sub-delegated to Manager Building Services Senior Building Surveyor Building Surveyor Assistant Building Surveyor

Compliance links Building Act 2011

Building Regulations 2012

Building Code of Australia

Conditions Compliance with Shire of Mundaring building policies.

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CE-142 Food Act 2008 Delegations

Date of adoption 9 October 2012

Function delegated That Council: 1. Delegates to the Chief Executive Officer the following powers: · Appointment of authorised officers under s. 122 of the Act; · Issue of certificates of authority under s. 123 of the Act; · Appointment of designated officers under s. 126(2), (6) and (7) of the Act to issue, extend time for payment or withdraw infringement notices. 2. Delegates to the Manager Health and Community Safety Services and the Director Statutory Services the following powers: · Issue a prohibition order, issue a certificate of clearance; provide written notification not to issue a certificate of clearance approval under s. 65, 66 and 67 of the Act; . Grant, apply conditions, refuse, vary or cancel registration of a food business under s. 110 and 112 of the Act.

Statutory power delegated Food Act 2008 s. 65, 66, 67, 110 and 112 s. 122, 123 and 126

Statutory power of delegation Food Act 2008 s. 118

Delegator Council of the Shire of Mundaring

Delegate As specified above: Chief Executive Officer Manager Health and Community Safety Services Director Statutory Services

Statutory power to sub-delegate

Nil. The Food Regulations 2009 do not provide the power to sub-delegate.

Sub-delegated to n/a

Compliance links Food Act 2008

Food Regulations 2009

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CE-143 Cat Act 2011 Delegation

Date of adoption 12 November 2013

Function delegated Council delegates to the Chief Executive Officer all the powers and duties of the local government under the Cat Act 2011, except the power to deal with an objection (s. 70).

Statutory power delegated Cat Act 2011 – refer to Schedule A

Statutory power of delegation Cat Act 2011 s. 44

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Cat Act 2011 s. 45

Sub-delegated to refer to Schedule A

Compliance links Cat Act 2011 Cat Regulations 2012 Shire of Mundaring “Keeping of Cats” Local Law

Conditions Nil

CE-143: Schedule A

On-delegation reference

Function Delegated

to On-delegated to

SS - 48 Cat Act 2011 – s. 9 Grant, refuse to grant, renew or refuse to renew a cat registration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 49 Cat Act 2011 – s. 9(5) Require an applicant to provide documents or information, within a specified time of not more than 21 days, required to determine an application and require the applicant to verify the information by statutory declaration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 50 Cat Act 2011 – s. 10(a) Cancel the registration of a cat where the cat has died, is no

CEO Receptionist Companion Animal Administration Officer

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longer kept in the state or has been registered with another local government.

Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 51 Cat Act 2011 – s. 10(b) Cancel the registration of a cat where the cat owner has been convicted of offences as prescribed.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 52 Cat Act 2011 – s. 11 Issue a registration number, certificate and tag including a replacement certificate or tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 53 Cat Act 2011 – s. 12 Keep an accurate and up to date register of cats.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 54 Cat Act 2011 – s. 13 On refusal to grant or renew a registration of a cat or cancel a registration of a cat, notify the owner within seven (7) days of making the decision.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 55 Cat Act 2011 – s. 26 Issue a cat control notice.

CEO Community Safety Ranger Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 56 Cat Act 2011 – s. 37(1) & (2) Cat Regulations 2012 – r. 22 Grant, refuse to grant, renew or refuse to renew an application to breed cats.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

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SS – 57 Cat Act 2011 – s. 37(3) & (4) Require an applicant to provide documents or information, within a specified time of not more than 21 days, required to determine a breeder application and require the applicant to verify the information by statutory declaration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 58 Cat Act 2011 – s. 38 Cancel an approval to breed.

CEO Manager Health and Community Safety Services Director Statutory Services

SS – 59 Cat Act 2011 – s. 39 Issue a certificate to an approved breeder.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 60 Cat Act 2011 – s. 40 Notify the applicant of the decision to approve or decline the registration or approve or decline the breeder’s application in writing within seven (7) days of making the decision.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 61 Cat Act 2011 – s. 49(3) Recover the costs associated with the destruction of a cat in a court of competent jurisdiction.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

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CE-147 Dog Act 1976

Date of adoption 28 January 2014

Function delegated Council delegates to the Chief Executive Officer all the powers and duties of the local government under the Dog Act 1976 and authorises the Chief Executive Officer to further delegate the powers and duties.

Statutory power delegated Dog Act 1976 Dog Regulations 2013

Statutory power of delegation Dog Act 1976 s. 10AA Delegation of local government powers and duties

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Dog Act 1976 s. 10AA(3)

Sub-delegated to refer to Schedule A

Compliance links Dog Act 1976 Dog Regulations 2013

Conditions Nil

CE-147: Schedule A

On-delegation reference

Function Delegated

to On-delegated to

SS - 62 Dog Act 1976 – s. 10A Pay and direct a vet to sterilise a dog owned by an eligible person.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 63 Dog Act 1976 – s. 11 Appoint person(s) to administer dog management facilities.

CEO Community Safety Ranger Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 64 Dog Act 1976 – s. 14 Keep an accurate and up to date register of dogs.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 65 Dog Act 1976 – s. 15 Discount or waive the registration

CEO Team Leader Community Safety Manager Health and Community

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fee for an individual dog or any class of dogs, except dangerous dogs.

Safety Services Director Statutory Services

SS – 66 Dog Act 1976 – s. 16 Effect, refuse to effect, renew or refuse to renew, cancel a dog registration in the prescribed circumstances and notify the applicant forthwith of the grounds upon which the decision was made. .

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 67 Dog Act 1976 – s. 16(6) Issue a registration number, certificate and tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 68 Dog Act 1976 – s. 17A If no application for registration has been made, give written notice to the owner that a dog cannot be registered because of any of the prescribed reasons and inform the owner of right of review.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 69 Dog Act 1976 – s. 19 Refund part of the registration fee on cancellation of the registration and return of the tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 70 Dog Act 1976 – s. 26(3) Grant an exemption from the limit imposed on the number of dogs that can be kept.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 71 Dog Act 1976 – s. 27 Grant or cancel a kennel licence.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

SS – 72 Dog Act 1976 – s. 33H Revoke a declaration or proposal to destroy.

CEO Team Leader Community Safety Manager Health and Community Safety Services Director Statutory Services

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CE-148 Serving Notices Requiring Certain Things to be Done

by Owner or Occupier of Land

Date of adoption 28 January 2014

Function delegated The Chief Executive Officer is delegated the power to issue a notice in writing relating to the land requiring the person to do anything specified in Schedule 3.1, Division 1 or for the purpose of remedying or mitigating the effects of any offence prescribed in Schedule 3.1, Division 2 including the following:

1. prevent water from dripping or running from a building;

2. placing a number on a property to indicate an address;

3. repair a public thoroughfare;

4. ensure that land that adjoins a public thoroughfare is suitably enclosed;

5. ensure unsightly land is enclosed;

5A. ensure overgrown vegetation, rubbish or disused material is removed from land;

5B. ensure that graffiti is obliterated;

6. take measures to prevent movement of sand, rocks etc;

7. ensure that land adjoining a public thoroughfare is not overgrown;

8. removing a tree or part that is obstructing a thoroughfare;

9. ensuring that a tree that endangers any person is made safe (dangerous tree);

10. taking specified measures to prevent damage to the public or property from cyclonic activity;

11. remove bees that are a danger or a nuisance;

12. ensure that unsightly, dilapidated or dangerous fence is modified or repaired;

13. take measures to prevent artificial light or other light being omitted or reflected to remove a nuisance;

14. make safe anything that is obstructing a private thoroughfare.

Statutory power delegated Local Government Act 1995 s. 3.25 Notices requiring certain things to be done by owner or occupier of land

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

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Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services Director Statutory Services Director Corporate Services Director Strategic and Community Services

Compliance links Local Government Act 1995 Schedule 3.1 Powers under notices to owners or occupiers of land

Conditions Nil

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CE-149 Additional Powers When Notice is Given to the Owner

or Occupier of Land Under Section 3.25

Date of adoption 28 January 2014

Function delegated The Chief Executive Officer is delegated the power to do anything considered necessary to achieve, so far as is practicable, the purpose for which a notice under section 3.25 was given, including recovering the cost of anything done as a debt due from the person who failed to comply with the notice.

Statutory power delegated Local Government Act 1995 s. 3.26 Additional powers when notices given

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services Director Statutory Services Director Corporate Services Director Strategic and Community Services

Compliance links Local Government Act 1995 s. 3.25 Notices requiring certain things to be done by owner or occupier of land Schedule 3.1 Powers under notices to owners or occupiers of land

Conditions Nil

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Strategic and Community Services

CE-144 Community Grants

Date of adoption 11 December 2012

Power or duty to be exercised Authority to determine allocation of: • General Purpose Quick Grants and Community

Event Grants up to the value of $500; and • Youth Sponsorship Grants and Volunteer

Recognition Grants up to the value of $300.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to n/a

On-delegation reference n/a

Conditions n/a

Head of power Local Government Act 1995 s. 5.42

Referring legislation n/a

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Delegations to Committees of Council

COM-46 Annual Meeting with Auditor

Date of adoption 26 September 2006

Function delegated That Council delegate authority to the Audit and Governance Committee to meet with the auditor of the Shire of Mundaring at least once in every year to satisfy the requirement of s. 7.12A (2) of the Local Government Act 1995.

Statutory power delegated Local Government Act 1995 s. 7.12A(2) Duties of local government with respect to audits

Statutory power of delegation Local Government Act 1995 s. 5.16 Delegation of some powers and duties to certain committees s. 7.1B Delegation of some powers and duties to audit committees

Delegator Council of the Shire of Mundaring

Delegate Audit and Governance Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Department of Local Government and Communities Operational Guideline No. 9 – Audit in Local Government

Conditions Nil.

Sub-delegation is prohibited by s. 7.1B

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COM-48 Community Funding

Date of adoption 27 April 2010

Function delegated That Council delegate authority to the Grants Selection Occasional Committee to grant: 1. Milestone Event; 2. Community Event Grants over the value of $500 up to $10,000; and 3. Matching Grants up to a value of $2,000.

Statutory power delegated Local Government (Financial Management) Regulations 1996 r. 12(1)(a) Payments from municipal fund or trust fund, restrictions on making

Statutory power of delegation Local Government Act 1995 s. 5.16 Delegation of some powers and duties to certain committees

Delegator Council of the Shire of Mundaring

Delegate Grants Selection Occasional Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Council Policy CD-02 Community Funding Policy

Conditions Decisions must be in accordance with the requirements of relevant council policies, be within annual budget allocations and records evidencing assessment against criteria must be retained.

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Shire of Mundaring Delegations Register Adopted 10 February 2015

Page 53 of 53

COM-49 Select Winners of Australia Day Citizenship Awards

Date of adoption 23 October 2013

Function delegated Council delegates authority to the Australia Day Citizenship Awards Committee to select winners of the Australia Day Citizenship Awards for the Shire of Mundaring.

Statutory power delegated n/a

Statutory power of delegation Local Government Act 1995 s. 5.16 Delegation of some powers and duties to certain committees

Delegator Council of the Shire of Mundaring

Delegate Australia Day Citizenship Awards Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Nil

Conditions Nil

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9.02.2016 COUNCIL MEETING UNCONFIRMED MINUTES

C158 FEBRUARY 2016

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12.0 URGENT BUSINESS (LATE REPORTS) Nil 13.0 CONFIDENTIAL REPORTS Nil 14.0 CLOSING PROCEDURES 14.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 8 March 2016 at 6.30pm in the Council Chamber.

14.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.34pm.