Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 11 November 2013 commencing at 7.00
AGENDA
WELCOME - Mr Simon McMillan, Chief Executive Officer APPOINTMENT OF TEMPORARY CHAIRPERSON Temporary Chairperson’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Disclosure of Interests 1. Performance - Use Our Resources Wisely 6.1 Mayoral Term.......................................................................................................... 3 6.2 Election of Mayor .................................................................................................... 4 6.3 Consideration of Nominations for Deputy Mayor ..................................................... 5 6.4 Appointment of Councillors on Committees ............................................................ 6 2. General Business 3. Urgent Business Closure of Meeting
6.1
MAYORAL TERM
Author:
Vivien Ferlaino - Governance & Information Co-ordinator, City Development
File:
BS02/015/002
6.1
Performance - Use Our Resources Wisely
SUMMARY The Local Government Act stipulates that Council must elect a Mayor. Before a Mayor is elected the Council may resolve to elect a Mayor for a term of two years. A resolution is required to set the term of the Mayor. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk”. BACKGROUND In accordance with Section 71(2) of the Local Government Act 1989 Council may resolve to elect a Mayor for a term of either one or two years, but must do so before the Mayor is elected. Banyule has traditionally elected a Mayor for a one year term. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CONCLUSION In accordance with Section 71(2) of the Local Government Act 1989 Council determine the term of the Mayor. RECOMMENDATION Council resolves to elect the Mayor for a term of one year. ATTACHMENTS Nil
Ordinary Meeting of Council - 11 November 2013
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6.2
ELECTION OF MAYOR
Author:
Emily Outlaw - Governance Officer, City Development
File:
BS02/015/002
6.2
Performance - Use Our Resources Wisely
SUMMARY The Local Government Act stipulates that Council must elect a Mayor. This report relates to the election of the Mayor for Banyule City Council for the 2013/14 Mayoral term. CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk” BACKGROUND The Local Government Act 1989 requires the Councillors to elect a Councillor to be the Mayor of the Council. The election of the Mayor must not be done by secret ballot. Any Councillor is eligible for election to the office of Mayor. The role of the Mayor is one that requires both commitment and leadership. The role can be defined under three headings, these being: 1.
Community leadership – the Mayor is the principal Council spokesperson. The Mayor takes a leadership role in the community in promoting the Council and its achievements;
2.
Chairperson of the Council – the Mayor takes precedence at all proceedings of the Council and must take the chair at all meetings at which he or she is present. As chairperson, the Mayor should preside without fear or favour and encourage Councillors to participate effectively in all aspects of the Council’s decision making; and
3.
Civic role – the Mayor performs an important social role and is called upon by community groups to officially open events, etc.
RECOMMENDATION That nominations be called and the Mayor of Banyule City Council be elected for the period as determined by Council. ATTACHMENTS Nil
Ordinary Meeting of Council - 11 November 2013
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6.3
CONSIDERATION OF NOMINATIONS FOR DEPUTY MAYOR
Author:
Emily Outlaw - Governance Officer, City Development
File:
BS02/015/002
6.3
Performance - Use Our Resources Wisely
SUMMARY To consider the appointment of a Deputy Mayor for the 2013/14 Mayoral term. CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk”. BACKGROUND Section 73(3) of the Local Government Act 1989 (the Act) provides for the appointment of an acting Mayor where there is vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act. It must be noted that the appointment of the Acting Mayor is not a permanent appointment. An Acting Mayor must be appointed each time there is a vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act. It must also be noted that 'Deputy Mayor' is only a title bestowed on the Councillor so elected. As a titular position, a Deputy Mayor does not have any statutory role or function under the Act and cannot automatically deputise for the Mayor with regard to the exercise of these. Unlike the Mayor or Acting Mayor, who must take:
Precedence at all municipal proceedings within the municipal district under section 73(1) of the Act; and The chair at all meetings of the Council at which he or she is present under section 73(2) of the Act;
a Deputy Mayor does not and cannot undertake either of these roles unless he or she has been appointed Acting Mayor by the Council on each occasion there is a vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act. Council may again wish to consider the appointment of a Deputy Mayor for the Mayoral year ending 11 November 2013. RECOMMENDATION That Council make a determination on the appointment of a Deputy Mayor of Banyule City Council for 2013/14 Mayoral term.
ATTACHMENTS Nil
Ordinary Meeting of Council - 11 November 2013
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6.4
APPOINTMENT OF COUNCILLORS ON COMMITTEES
Author:
Emily Outlaw - Governance Officer, City Development
File:
BS02/015/002
6.4
Performance - Use Our Resources Wisely
SUMMARY To review and appoint Councillor delegates to the Council Advisory Committees and other bodies. CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk”. BACKGROUND The following Committees are those on which Councillors are asked to be represented. Some of these are Council's Advisory Committees, others are from external organisations where it is valuable for Banyule to have Council input. The following are existing appointments: BANYULE ADVISORY COMMITTEES Arts and Cultural Advisory Group Asset Management Steering Committee Audit Advisory Committee* Banyule Bicycle Advisory Committee Banyule Community Plan Implementation Committee Banyule Environment Advisory Committee (BEAC) Banyule Road Safety Committee
DELEGATE/S Cr Jenny Mulholland Cr Tom Melican Cr Steven Briffa Cr Wayne Phillips Cr Rick Garotti Cr Mark Di Pasquale Cr Tom Melican Cr Steven Briffa Cr Rick Garotti Cr Mark Di Pasquale Cr Craig Langdon
SUBSTITUTE
Cr Mark Di Pasquale Cr Craig Langdon Cr Tom Melican
Cr Craig Langdon Cr Tom Melican
Cr Craig Langdon Cr Steven Briffa
Cr Tom Melican
Early Years Advisory Committee
Cr Mark Di Pasquale
Ivanhoe Community Consultative Committee Neighbourhood Character Focus Group Strategic Property Group
Cr Jenny Mulholland Cr Craig Langdon Cr Wayne Phillips Cr Steven Briffa Cr Mark Di Pasquale Cr Wayne Phillips Cr Steven Briffa Cr Craig Langdon
Cr Jenny Mulholland Cr Wayne Phillips
(formerly Banyule Road Safety Implementation Committee)
(formerly Property/Strategic Direction Advisory Committee)
Ordinary Meeting of Council - 11 November 2013
Cr Jenny Mulholland
Page 6
Performance - Use Our Resources Wisely
EXTERNAL COMMITTEES Darebin Creek Management Committee Melbourne’s Valley of the Arts Regional Tourism Board Inc. (MVotA) Metropolitan Transport Forum Metropolitan Waste Management Group
DELEGATE/S Cr Craig Langdon Cr Craig Langdon Cr Tom Melican Cr Craig Langdon Cr Tom Melican*
SUBSTITUTE Cr Jenny Mulholland Cr Jenny Mulholland Cr Rick Garotti Cr Wayne Phillips
MWMG Board : On 23 April 2013 the Governor in Council appointed four Councillors after being elected by Metropolitan Local Governments' Waste Forum delegates to represent the 30 metropolitan councils on the MWMG Board. Councillor Tom Melican was elected as a Directors on the MWMG Board. Their tenure will run until 28 October 2016.
Municipal Association of Victoria (MAV) & Australian Local Government Association (ALGA) Municipal Association of Victoria (MAV) – Environment Committee
Cr Jenny Mulholland
Cr Tom Melican
Cr Jenny Mulholland Cr Tom Melican
(formally Environment Advisory Group)
Municipal Association of Victoria (MAV) – Future Growth Reference Group Municipal Association of Victoria (MAV) – Future of Local Government (FOLG) Strategic Change Group Municipal Association of Victoria (MAV) Planning Advisory Group & Metro Strategy Group
Cr Wayne Phillips
Cr Jenny Mulholland
Cr Tom Melican
Cr Tom Melican
Cr Jenny Mulholland
(formerly Melbourne 2030 Councillor Reference Group)
Municipal Association of Victoria (MAV) - Transition Community Working Group Municipal Association of Victoria (MAV) - Transport & Infrastructure Advisory Group Napier Waller Property Committee of Management Northern Alliance for Greenhouse Action (NAGA) Northern Melbourne Regional Development Australia Committee Northland Structure Plan Steering Committee Olympia Housing Initiative Community Liaison Committee
Cr Tom Melican
Cr Tom Melican Cr Mark Di Pasquale Cr Jenny Mulholland
Cr Craig Langdon
Cr Tom Melican Cr Tom Melican Cr Craig Langdon Cr Craig Langdon
(as resolved at the 19/11/12 Council Meeting)
Victorian Local Governance Association (VLGA)
Ordinary Meeting of Council - 11 November 2013
Cr Rick Garotti
Cr Tom Melican
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6.4
APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d
6.4
Performance - Use Our Resources Wisely
3081 Connect Yarra Plenty Regional Library Audit Committee
Cr Craig Langdon Cr Jenny Mulholland Cr Mark Di Pasquale* (12/11/12 – 30/06/13) Cr Steven Briffa* from 1/07/13 replaced
Cr Steven Briffa* (*substitute from 12/11/12 – 30/06/13) Cr Craig Langdon
Cr Mark Di Pasquale 1/07/13
Yarra Plenty Regional Library Board
PORTFOLIO City Development Portfolio Community Programs Portfolio
Cr Jenny Mulholland Cr Mark Di Pasquale
Cr Steven Briffa Cr Craig Langdon
DELEGATE TBA TBA
SUBSTITUTE n/a n/a
RECOMMENDATION 1.
That Council determine Councillor delegates to Committees and other bodies.
2.
Those Committees and other bodies be advised accordingly.
ATTACHMENTS Nil
Ordinary Meeting of Council - 11 November 2013
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