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CONFIDENTIAL ITEMS

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PART C - OTHER BUSINESS AND CLOSING PROCEDURES

3. CONFIDENTIAL ITEMS

C3.5 RECRUITMENT PROCESS FOR CHIEF EXECUTIVE OFFICER

Ward: (No Wards) (Chief Executive Office) Disclosure of Interest: Nil

Authorised Officer: (Chief Executive Officer)

RECOMMENDATION That the Council resolve to:

1) Endorse the process outlined in the report.

2) Appoint a Recruitment and Selection Panel for the position of the CEO comprising of the current members of the CEO Performance Committee.

3) Direct the Manager, Governance and Strategy to seek expressions of interest for the services of an experienced Local Government Recruitment and Selection HR consultant, and present these to the Recruitment and Selection Panel for evaluation and approval.

4) Authorise the Recruitment and Selection Panel to work with the HR consultant to develop a position description, selection criteria and draft advertisement and bring these back to Council for approval before commencing advertisement.

5) Note that funding of $60,000 for procurement of an HR consultant and advertising and marketing of the position will be required over 2019/20 and 2020/21.

6) Note that a budget adjustment for the 2019/20 allocation will be undertaken and the remainder will be included in the 2020/21 Annual Budget.

MOTION that the Council resolve to:

1) Endorse the process outlined in the report.

2) Appoint the current CEO Performance Review Committee as the Recruitment and Selection Panel.

3) Direct the Manager, Governance and Strategy to seek expressions of interest for the services of an experienced Local Government Recruitment and Selection HR consultant, and present these to the Recruitment and Selection Panel for evaluation and approval.

4) Authorise the Recruitment and Selection Panel to work with the HR consultant to develop a position description, selection criteria and draft advertisement and bring these back to Council for approval before commencing advertisement.

5) Note that funding of $60,000 for procurement of an HR consultant and advertising and marketing of the position will be required over 2019/20 and 2020/21.

6) Note that a budget adjustment for the 2019/20 allocation will be undertaken and the remainder will be included in the 2020/21 Annual Budget.

7) Record the reason for the changing the officer recommendation is to provide further clarity and consistency.

(Cr Congerton – Cr Lucas)

AMENDMENT TO THE MOTION Add the following to Part 2):

“and other interested Councillors”

(Cr Catalano – Cr Johnson)

MOTION WAS PUT TO THE VOTE AND LOST (3/9) For: Crs Catalano, Johnson and Kiely

Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry and Zannino

RESOLVED (9/3) TO:

1) Endorse the process outlined in the report.

2) Appoint the current CEO Performance Review Committee as the Recruitment and Selection Panel.

3) Direct the Manager, Governance and Strategy to seek expressions of interest for the services of an experienced Local Government Recruitment and Selection HR consultant, and present these to the Recruitment and Selection Panel for evaluation and approval.

4) Authorise the Recruitment and Selection Panel to work with the HR consultant to develop a position description, selection criteria and draft advertisement and bring these back to Council for approval before commencing advertisement.

5) Note that funding of $60,000 for procurement of an HR consultant and advertising and marketing of the position will be required over 2019/20 and 2020/21.

6) Note that a budget adjustment for the 2019/20 allocation will be undertaken and the remainder will be included in the 2020/21 Annual Budget.

7) Record the reason for the changing the officer recommendation is to provide further clarity and consistency.

For: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry and Zannino

Against: Crs Catalano, Johnson and Kiely

RESOLVED UNANIMOUSLY that the Council meet behind closed doors, having regard to the provisions of s.5.23(2) of the Local Government Act 1995.

(Cr Parry - Cr McCullough)

All members of the public and media left the Chamber at 6.59pm and did not return.

C3.1 PROPERTY DIVESTMENT - PORTION LOT 34 BENARA ROAD, CAVERSHAM

Ward: (Altone Ward) (Asset Management) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting;

and

(h) such other matters as may be prescribed

(Regulation 4A of the Local Government (Administration) Regulations 1996 - The determination by the local government of a price for the sale or purchase of property by the local government, and the discussion of such a matter)

RECOMMENDATION That the Council resolve to:

1) Authorise the Chief Executive Officer to divest, by Private Treaty an approximate 3165.3m2 portion of Lot 34 on Plan 16358, Benara Road, Caversham, held in Certificate of Title Volume: 1807 Folio: 156, for the amount of $255,000 (two hundred and fifty five thousand dollars) plus GST to Fieldstar Pty Ltd, in accordance with the Local Government Act 1995, conditional upon the purchaser meeting all costs and expenses associated with the sale, subdivision and transfer of the land.

CARRIED

C3.2 ARTS IN ELLENBROOK - CONDITIONAL GRANT

Ward: (Pearce Ward) (Lifespan Services) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Community Wellbeing)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting.

RESOLVED (10/2) TO:

1) Note the progress of selecting a preferred arts organisation to deliver arts programs in Ellenbrook;

2) Authorise the CEO to enter into a grant agreement with the successful applicant as per Option 2 in this report, which includes providing a three (3) year funding term to the successful applicant, subject to meeting performance and acquittal requirements;

3) Note the amended acquittal process to include providing the City with quarterly reports addressing the agreed key performance indicators and a biannual financial acquittal; and

4) Require an annual report be provided to Council on the performance of the art program at the end of each financial year of the grant.

For: Crs Bailey, Congerton, Henderson, Johnson, Jones, Lucas, McCullough, McNamara, Parry and Zannino

Against: Cr Catalano and Kiely

C3.3 CR KIELY - REVOKING OR CHANGING DECISIONS (PROPOSED PURCHASE OF WATER LICENCE FOR DAYTON DISTRICT OPEN SPACE - ORDINARY MEETING OF COUNCIL HELD ON 12 FEBRUARY 2020)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Part A - Revocation Motion RESOLVED (11/1) TO:

1) Revoke the decision of Council made at the 12 February 2020 Ordinary Meeting of Council (adjourned until 17 February 2020) in regard to Item C3.2 - Proposed Purchase of Water Licence for Dayton District Open Space:

1) Note the City’s progress in auditing its water allocation and irrigation practices to identify improvements.

2) Not to enter into negotiations with the owner of licence 109442 for water from the Leederville Aquifer.

3) Seek alternate lower grade water supplies for the City’s parks and gardens requirements.

4) Record the reason for changing the officer recommendation is that Leederville Aquifer water is of a high grade, in short supply, in great demand and should not be wasted on parks and gardens.

For: Crs Bailey, Catalano, Congerton, Johnson, Jones, Kiely, Lucas, McCullough, McNamara, Parry and Zannino

Against: Cr Henderson

Part B

RESOLVED (11/1) TO:

1) Note the City's progress in auditing its water allocation and irrigation practices to identify improvements.

2) Authorise the Chief Executive Officer to enter into negotiations to purchase 5,000kL of water from licence 109442.

3) If an alternative source of lower quality water becomes available the water extraction from the Leederville Aquifer be reassessed.

4) That Part 2) of the resolution remains confidential until the proposed purchase has been completed.

For: Crs Bailey, Catalano, Congerton, Johnson, Jones, Kiely, Lucas, McCullough, McNamara, Parry and Zannino

Against: Cr Henderson

C3.4 CR KIELY - DAYTON SHOPPING CENTRE SITE CLEAN UP

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting

MOTION that the Council resolve to:

1) Note the efforts of staff to direct the owner or administrator to clean up the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton).

2) Direct the CEO to seek legal advice to determine if Council may recoup costs associated with a site clean-up and, if legally possible,

3) Take appropriate actions to clean up the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton) by removing all the dumped materials/building rubble, and then

4) Proceed to take necessary action to recoup the cost of works from the landowner/Administrator.

(Cr Kiely – Cr Catalano)

Cr McCullough left the Chamber at 8.11pm.

Cr McCullough entered the Chamber at 8.13pm.

MOTION WAS PUT TO THE VOTE AND LOST (3/9)

For: Cr Catalano, Johnson and Kiely

Against: Cr Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry and Zannino

RESOLVED UNANIMOUSLY that the reports of Council in Part C of the Agenda not withdrawn be received and the recommendations therein adopted:

Items 3.1

(Cr Johnson – Cr McCullough)

RESOLVED UNANIMOUSLY that the Council no longer meet behind closed doors.

(Cr Parry – Cr Zannino)

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