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3 May 2012 Statecouncilfull Minutes

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3 May 2012 Statecouncilfull Minutes ATTACHMENT 1 THEVOICEOFLOCALGOVERNMENT 3 MAY 2012 STATE COUNCILFULL MINUTES WALGA State Council Meeting MINUTES Thursday 3 May 2012 Page 1 W A L G A MINUTES OF MEETING Meeting No. 3 of 2012 of the Western Australian Local Government Association State Council held at the Mandurah City Council Chambers on Thursday 3 May 2012, commencing 9am 1. ATTENDANCE, APOLOGIES & ANNOUNCEMENTS 1.1 Attendance Chairman President of WALGA Mayor Troy Pickard Members Avon-Midland Country Zone Cr Lawrie Short Central Country Zone Mayor Don Ennis Central Metropolitan Zone Cr Janet Davidson JP Mayor Heather Henderson East Metropolitan Zone Cr Bob Emery (Deputy) Cr Mick Wainwright Goldfields Esperance Country Zone Mayor Ron Yuryevich AM RFD Gascoyne Country Zone Cr Ross Winzer Great Eastern Country Zone President Cr Eileen O’Connell Great Southern Country Zone President Cr Barry Webster Kimberley Country Zone President Cr John Moulden Murchison Country Zone President Cr Simon Broad North Metropolitan Zone Mayor Tracey Roberts JP Cr Geoff Amphlett JP Cr David Michael Northern Country Zone President Cr Karen Chappel Peel Country Zone President Cr Wally Barrett Pilbara Country Zone President Cr Lynne Craigie South East Metropolitan Zone Cr Kevin Trent (Deputy) Cr Julie Brown South Metropolitan Zone Mayor Cr Carol Adams Cr Doug Thompson Cr Maria Rico (Deputy) South West Country Zone President Cr John Gardiner Ex-Officio Local Government Managers Australia Mr Mark Chester (Deputy President) Secretariat Acting Chief Executive Officer Mr Wayne Scheggia EM Environment & Waste Mr Mark Batty EM Governance & Strategy Mr Tony Brown EM Marketing & Communications Mr Zac Donovan A/EM Planning & Community Development Ms Jodie Holdbrook EM Workplace Solutions Mr John Phillips EM Corporate Business Solutions Mr Nick Wood Manager Governance Mr James McGovern EO Governance and Strategy Ms Janet Done Manager Finance Ms Tina Mosscrop 1.2 Apologies East Metropolitan Zone Cr Glenys Godfrey South East Metropolitan Zone Mayor Henry Zelones South East Metropolitan Zone Cr Merri Harris (Deputy) South Metropolitan Zone Cr Tony Romano Chief Executive Officer Ms Ricky Burges EM Planning & Community Development Ms Allison Hailes EM Infrastructure Mr Ian Duncan The Right Hon Lord Mayor of Perth Ms Lisa Scaffidi President LGMA Dr Shayne Silcox WALGA State Council Meeting 2012 Page 2 1.3 MEETING ASSESSMENT Cr David Michael was invited to undertake a meeting assessment at the conclusion of the meeting. 2. MINUTES OF THE PREVIOUS MEETINGS 2.1 Minutes of 7 March 2012 State Council Meeting RECOMMENDATION: Moved: Mayor D Ennis Seconded: Cr J Davidson That the Minutes of the Western Australian Local Government Association (WALGA) State Council Meeting held on 7 March 2012 be confirmed as a true and correct record of proceedings. RESOLUTION 54.3/2012 CARRIED UNANIMOUSLY 2.1.1 Business Arising from the Minutes of March 2012 There was no business arising from these Minutes. 3. DECLARATION OF INTEREST The following declarations of interest were made by State Councillors in relation to items contained within the Agenda: Cr Short in relation to Item 5.11 Selection Committee Minutes, as he is a nominee for a vacancy PAPERS State Councillors have been distributed the following papers under separate cover: ••• President’s Report (previously emailed to your Zone meeting) ••• Agenda Item: Appointment of ALGA Representatives ••• Agenda Item: Finance & Services Minutes; ••• Agenda Item: Selection Committee Minutes; ••• Agenda Item: Honours Panel Minutes; ••• CEO’ s report to State Council 4. EMERGING ISSUES There were no emerging issues. WALGA State Council Meeting MINUTES Thursday 3 May 2012 Page 3 Agenda Items 5. MATTERS FOR DECISION ........................................................................ 5 5.1 Resolution of Misconduct Complaints at the Local Level (05-034-01-0006 JMc) .......... 5 5.2 Building Act 2011 (05-015-02-0005 VJ) ..................................................................... 28 5.3 Government Sewerage Policy – Consultation Draft (05-026-03-0014 CP) ................. 33 5.4 Sharing the Rivers – Swan Canning Riverpark Aquatic use Review and Management Framework (05-064-03-0032 CP) ......................................................... 40 5.5 Submission on the Draft River Protection Strategy for Swan Canning Riverpark (05- 064-01-0001 KB) ....................................................................................................... 46 5.6 Asbestos Management (05-012-04-0002 JH) ............................................................ 55 5.7 National Audit of Municipal and Essential Services Report 2012 (05-032-02-0010 JH) .................................................................................................................... 60 5.8 Closed Circuit Television (05-019-02-0014 RS) ......................................................... 64 6. MATTERS FOR NOTING / INFORMATION ........................................................................................ 70 6.1 Metropolitan Local Government Review (05-034-01-0018TL) .................................... 70 6.2 Review of Royalties for Regions Country Local Government Fund (05-055-03- 0005TL) .................................................................................................................... 74 6.3 Local Government Service Delivery to Aboriginal Communities Forum (05-032-03- 0008 JH) .................................................................................................................... 77 6.4 Affordable Housing Strategy 2010 - 2020 (05-036-03-0020 CG) ................................ 80 6.5 Western Australia Tomorrow Population Report No. 7, 2006 to 2026 (05-098-03- 0001 CG) ................................................................................................................... 82 6.6 Report Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB) .............. 85 7. ORGANISATIONAL REPORTS ................................................................ 88 7.1 Key Activity Reports .............................................................................................. 88 7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 MJB) ....... 88 7.1.2 Report on Key Activities, Governance and Strategy (01-006-03-0007 TB) .............. 90 7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID) ................................... 94 7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 AH) ........................................................................................................................ 100 7.2 Policy Forum Reports .......................................................................................... 103 7.2 Policy Forum Reports (01-006-03-0007 TB) .......................................................... 103 WALGA State Council Meeting MINUTES Thursday 3 May 2012 Page 4 5. MATTERS FOR DECISION 5.1 Resolution of Misconduct Complaints at the Local Level (05-034-01- 0006 JMc) By James McGovern, Manager Governance Moved: Cr K Trent Seconded: Cr J Brown That WALGA inform the Minister for Local Government: 1. that the ‘Resolution of Misconduct Complaints at the Local Level’ Consultation Paper requires extensive consultation with the Local Government Sector, to minimise the potential for unintended negative consequences and to maximise the potential to benefit the performance of the Local Government Standards Panel; 2. that a working group between the Department of Local Government and WALGA be established to consider the requirement for a uniform code of conduct and that a draft be presented to WALGA State Council for consideration; 3. that it does not support Mayors or Presidents being responsible for determining any statutory form of dispute resolution at the local level; 4. that it supports empowering the Local Government Standards Panel to dismiss allegations made under the Rules of Conduct Regulations that are determined to be vexatious or frivolous; 5. that it supports the introduction of a Peer Review Panel on the following basis: a) that it be utilised on an as-needs basis by the Local Government Standards Panel to assist in mediating local level misconduct complaints under the existing Rules of Conduct Regulations; b) that the cost of activating the Peer Review Panel be the responsibility of the Department of Local Government, in the same manner it funds the operations of the Local Government Standards Panel; c) that Peer Review Panels be formed on a regional basis and that they conduct in-person mediation at the Local Government where complaints originate; and d) that the Peer Review Panel be utilised by the Local Government Standards Panel in the manner outlined in the diagram included in the body of this report. 6. that the above recommendations underpin WALGA’s previously expressed recommendations for improvement to the Local Government Standards Panel and it’s processes by promoting as the main focus of the Standards Panel Review that the fundamental objective of the Local Government Standards Panel’s operation is to provide the most expeditious of resolutions to a breach allegation, achieved through improvements to the Standards Panel’s operational processes, by legislative amendment and through the formation of additional and adequately resourced Standards Panels; and 7. that strong consideration be given to introducing a right to confidentiality for all persons involved in a minor breach allegation under the Rules of Conduct Regulations during
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