UNCONFIRMED MINUTES Ordinary Meeting of Council 21 February 2019 ORDINARY MEETING OF COUNCIL MINUTES 21 February 2019 (REF: D2019/00720) An Ordinary Meeting of Council was held at the EMRC Administration Office, 1st Floor, 226 Great Eastern Highway, BELMONT WA 6104 on Thursday, 21 February 2019. The meeting commenced at 6:00pm. TABLE OF CONTENTS 1 DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS 1 2 ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED) 1 3 DISCLOSURE OF INTERESTS 2 3.1 CR BARRY MCKENNA –– INTEREST AFFECTING IMPARTIALITY 2 3.2 WENDY HARRIS – ACTING CHIEF EXECUTIVE OFFICER – FINANCIAL INTEREST 2 3.3 HUA JER LIEW – DIRECTOR CORPORATE SERVICES – FINANCIAL INTEREST 2 4 ANNOUNCEMENTS BY THE CHAIRMAN OR PRESIDING MEMBER WITHOUT DISCUSSION 2 4.1 SUSTAINABLE DEVELOPMENT GOALS 2 4.2 COMMITTEES ELECTIONS 2 4.3 EMRC ANNUAL REPORT 2017/2018 2 4.4 CHANGE OF ORDER OF BUSINESS 3 5 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 3 6 PUBLIC QUESTION TIME 3 6.1 QUESTION FROM CR GIORGIA JOHNSON 3 7 APPLICATIONS FOR LEAVE OF ABSENCE 3 8 PETITIONS, DEPUTATIONS AND PRESENTATIONS 3 8.1 PRESENTATION BY CATALYSE ON THE OUTCOMES OF THE EMRC 2018 3 BIENNIAL STAKEHOLDER PERCEPTION SURVEY 9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 4 9.1 MINUTES OF SPECIAL MEETING OF COUNCIL HELD ON 29 NOVEMBER 2018 4 (Ref: D2018/16829) 9.2 MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON 6 DECEMBER 2018 4 (Ref: D2018/17076) 10 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 4 11 QUESTIONS BY MEMBERS WITHOUT NOTICE 4 12 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETINGS MAY BE 5 CLOSED TO THE PUBLIC 12.1 UPDATE ON THE REVIEW OF THE ESTABLISHMENT AGREEMENT OF THE EMRC 5 12.2 MEMORANDUM OF UNDERSTANDING – RENEWABLE ENERGY POWER 5 PURCHASE AGREEMENT TABLE OF CONTENTS continued 12.3 RESOURCE RECOVERY FACILITY UPDATE 5 12.4 NEW PROJECT – LIQUID WASTE PROJECT, RED HILL WASTE MANAGEMENT 5 FACILITY 13 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING 5 14 REPORTS OF EMPLOYEES 6 14.1 LIST OF ACCOUNTS PAID DURING THE MONTHS OF NOVEMBER AND DECEMBER 7 2018 (Ref: D2019/00722) 14.2 FINANCIAL REPORT FOR PERIOD ENDED 30 NOVEMBER 2018 (Ref: D2019/00723) 22 14.3 FINANCIAL REPORT FOR PERIOD ENDED 31 DECEMBER 2018 (Ref: D2019/02507) 40 14.4 REVIEW OF DELEGATED POWERS AND DUTIES (Ref: D2019/00727) 58 14.5 COMMITTEE MEMBERSHIP – CHANGE OF MEMBER (D2019/02046) 67 14.6 ITEMS CONTAINED IN THE INFORMATION BULLETIN (Ref: D2019/02338) 70 15 REPORTS OF COMMITTEES 194 15.1 CHIEF EXECUTIVE OFFICERS ADVISORY COMMITTEE MEETING HELD 5 194 FEBRUARY 2019 (REFER TO MINUTES OF COMMITTEE – MAUVE PAGES) 15.2 TECHNICAL ADVISORY COMMITTEE MEETING HELD 7 FEBRUARY 2019 208 (REFER TO MINUTES OF COMMITTEE – YELLOW PAGES) 15.3 RESOURCE RECOVERY COMMITTEE MEETING HELD 7 FEBRUARY 2019 234 (REFER TO MINUTES OF COMMITTEE – SAND PAGES) 15.4 INVESTMENT COMMITTEE MEETING HELD 7 FEBRUARY 2019 251 (REFER TO MINUTES OF COMMITTEE – BLUE PAGES) 16 REPORTS OF DELEGATES 299 17 MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 299 17.1 NOTICE OF MOTION RECEIVED FROM CR PIFFARETTI 299 17.2 NOTICE OF MOTION RECEIVED FROM CR PIFFARETTI 300 17.3 NOTICE OF MOTION RECEIVED FROM CR O’CONNOR 302 18 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE CHAIRMAN OR 304 PRESIDING MEMBER OR BY DECISION OF MEETING 19 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC 305 19.1 UPDATE ON THE REVIEW OF THE ESTABLISHMENT AGREEMENT OF THE EMRC 305 (Ref: D2019/02257) 19.2 DRAFT MEMORANDUM OF UNDERSTANDING – RENEWABLE ENERGY POWER 305 PURCHASE AGREEMENT (Ref: D2019/02170) 19.3 RESOURCE RECOVERY FACILITY UPDATE (Ref: D2019/02171) 306 19.4 NEW PROJECT – LIQUID WASTE PROJECT, RED HILL WASTE MANAGEMENT 306 FACILITY (Ref: D2019/02172) 20 FUTURE MEETINGS OF COUNCIL 308 21 DECLARATION OF CLOSURE OF MEETING 308 1 EMRC Abridged Minutes - Ordinary Meeting of Council 21 February 2019 Ref: D2019/00720 1 DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS The Chairman opened the meeting at 6:00pm, welcomed visitors, those in attendance and acknowledged the traditional custodians of the land on which the meeting was held and paid respects to the elders past, present and future. 2 ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED) Councillor Attendance Cr David McDonnell (Chairman) EMRC Member City of Swan Cr Dylan O’Connor (Deputy Chairman) EMRC Member City of Kalamunda Cr Melissa Mykytiuk EMRC Member Town of Bassendean Cr Jai Wilson EMRC Member Town of Bassendean Cr Barry McKenna EMRC Member City of Bayswater Cr Sally Palmer EMRC Member City of Bayswater Cr Janet Powell EMRC Member City of Belmont Cr Steve Wolff EMRC Member City of Belmont Cr Geoff Stallard EMRC Member City of Kalamunda Cr John Daw EMRC Member Shire of Mundaring Cr David Lavell EMRC Member Shire of Mundaring Cr Adam Kovalevs EMRC Member City of Swan EMRC Officers Mrs Wendy Harris Acting Chief Executive Officer Mr Hua Jer Liew Director Corporate Services Mr Steve Fitzpatrick Director Waste Services Ms Theresa Eckstein Executive Assistant to Chief Executive Officer Mrs Annie Hughes-d’Aeth Personal Assistant to Director Corporate Services (Minutes) EMRC Observers Mr David Ameduri Manager Financial Services Mr Richard Whitehead Communications Coordinator Observer(s) Cr Kathryn Hamilton EMRC Deputy Member Town of Bassendean Cr Filomena Piffaretti EMRC Deputy Member City of Bayswater Cr Cameron Blair EMRC Deputy Member City of Kalamunda Cr Ian Johnson EMRC Deputy Member City of Swan Cr Catherine Ehrhardt Councillor City of Bayswater Cr Giorgia Johnson Councillor City of Bayswater Mr Andrew Brien Chief Executive Officer City of Bayswater Mr John Christie Chief Executive Officer City of Belmont Ms Rhonda Hardy Chief Executive Officer City of Kalamunda Mr Alan Sheridan Director Infrastructure Services City of Belmont Visitor(s) Mr Jason Pugh Chief Executive Officer New Energy Corporation Pty Ltd Mr Edward Nicholas Executive Director Tribe Infrastructure Group Mr Rajan Aggarwal Associate Director Tribe Infrastructure Group Ms Lisa Lough Managing Director Catalyse 2 EMRC Abridged Minutes - Ordinary Meeting of Council 21 February 2019 Ref: D2019/00720 3 DISCLOSURE OF INTERESTS 3.1 CR BARRY MCKENNA – INTEREST AFFECTING IMPARTIALITY Item: 15.4 Investment Committee Minutes – Item 14.1 Subject: Review of The Management of Investment Policy Nature of Interest: Chairman of Bayswater Community Financial Services – Bendigo Bank. 3.2 WENDY HARRIS – ACTING CHIEF EXECUTIVE OFFICER – FINANCIAL INTEREST Item: 15.4 Investment Committee Minutes – Item 14.1 Subject: Review of The Management of Investment Policy Nature of Interest: Board Member of Gingin Districts Community Financial Services (Bendigo Bank). 3.3 HUA JER LIEW – DIRECTOR CORPORATE SERVICES – FINANCIAL INTEREST Item: 15.4 Investment Committee Minutes – Item 14.1 Subject: Review of The Management of Investment Policy Nature of Interest: Officer has direct financial interest due to direct ownership of banking shares as well as indirect interest through superannuation funds. Officer has declared these in his Annual Return. 4 ANNOUNCEMENTS BY THE CHAIRMAN OR PRESIDING MEMBER WITHOUT DISCUSSION 4.1. SUSTAINABLE DEVELOPMENT GOALS A Sustainability Framework report on research conducted at the City of Perth has been compiled and presented by WALGA. The Report included the Sustainability Development Goals, developed by the United Nations in May 2015, across 193 countries, including Australia, all of whom pledged to take action and report against the goals. The EMRC was identified in the Report as a leading Local Government agency through our efforts to embed the Sustainability Development Goals into our Environmental Strategy, which was a great acknowledgement. The Chairman on behalf of Council congratulated the EMRC staff with special mention to the Manager Environmental Services, Ms Joanne Woodbridge. 4.2. COMMITTEES ELECTIONS The Chairman announced that during February 2019 the Investment Committee held its first meeting since the local government elections in 2017. At the meeting the following members were elected as Chairman and Deputy Chairman: Cr Jai Wilson, Town of Bassendean and Cr David Lavell, Shire of Mundaring were elected Chairman and Deputy Chairman respectively. The Chairman congratulated and thanked the committee members. 4.3. EMRC ANNUAL REPORT 2017/18 The EMRC received a letter from the Minister for Water; Fisheries; Forestry; Innovation and ICT; Science, Hon. Dave Kelly congratulating the EMRC on implementing the Water Quality and Conservation Program as outlined in its annual report, to promote water efficiency and quality, which would ensure a sustainable water future for the region. The Chairman on behalf of Council congratulated the Manager Environmental Services, Ms Joanne Woodbridge and her team. 3 EMRC Ordinary Meeting of Council 21 February 2019 Ref: D2019/00720 Item 4 continued 4.4 CHANGE OF ORDER OF BUSINESS The Chairman advised that there would be a change to the Order of Business to allow the Confidential Items to be dealt after Item 8 Petitions, Deputations and Presentations as there are external people in attendance to answer technical questions relating to the confidential reports. 5 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 6 PUBLIC QUESTION TIME 6.1 QUESTION FROM CR GIORGIA JOHNSON Question: Information Bulletin page 50 – can the Climate Change Risks and Risk rationalisations document issued to the City of Belmont be provided to the City of Bayswater? Response: The Acting CEO advised that she would provide a copy to the City of Bayswater. 7 APPLICATIONS FOR LEAVE OF ABSENCE Nil 8 PETITIONS, DEPUTATIONS AND PRESENTATIONS Ms Lisa Lough, Managing Director from Catalyse, provided a presentation on the outcomes of the EMRC's 2018 Biennial Stakeholder Perception Survey. Discussion ensued. Cr Piffaretti entered the meeting at 6:10pm. The Chairman thanked Ms Lough for the time and effort that went into the survey and for presenting the results.