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ExtraordinaryMeeting Notice and Agenda
An Extraordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Commemorative Civic Centre on Wednesday, 28 September 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
21 September 2016
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act 1993 and regulations or dispensation issued by the Office of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:
Ordinary meeting held on _____ / _____ / 20___
dd mm yy
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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Print Name |
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* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.
Extraordinary Council |
28 September 2016 |
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
3.1 Oath and Affirmation for Councillors............................................................................................ 7
3.2 Selection of a Chairperson for the Mayoral Election.................................................................. 9
3.3 Statement by Candidates for the position of Mayor and Deputy Mayor.............................. 10
3.4 Election of Mayor .......................................................................................................................... 12
3.5 Deputy Mayor Election ................................................................................................................. 20
3.6 Council Meeting Agenda - Order of Business............................................................................ 25
3.7 Councillor Portfolios, Agenda and Reporting Theme areas.................................................... 27
3.8 Local Government NSW Annual Conference 2016.................................................................. 32
3.1 Oath and Affirmation for Councillors................................................................... 7
3.2 Selection of a Chairperson for the Mayoral Election........................................... 9
3.3 Statement by Candidates for the position of Mayor and Deputy Mayor........... 10
3.4 Election of Mayor ............................................................................................... 12
3.5 Deputy Mayor Election ....................................................................................... 20
3.6 Council Meeting Agenda - Order of Business..................................................... 25
3.7 Councillor Portfolios, Agenda and Reporting Theme areas............................... 27
3.8 Local Government NSW Annual Conference 2016............................................. 32
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Extraordinary Council 28 September 2016 |
Item 3.1 |
Amendments to the Local Government Act 1993 now require Councillors to take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.
General Manager
The NSW Parliament passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms on 24 August 2016. The Local Government Amendment (Governance and Planning) Bill 2016 is now in force.
The amendments focus mainly on improving council governance and strategic business planning. A full copy of the amendments has been provided to Councillors and can be found here: http://www.legislation.nsw.gov.au/bills/74329d4d-e11c-4c4a-a303-d09e0f57e3ba
The new section 233A reads:
233A Oath and affirmation for
councillors
(1) A councillor must take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.
(2) The oath or affirmation may be taken or made before the general manager of the council, an Australian legal practitioner or a justice of the peace and is to be in the following form:
Oath
I [name of councillor] swear that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.
Affirmation
I [name of councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.
(3) A councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office in accordance with this section is not entitled to attend a meeting as a councillor (other than the first meeting of the council after the councillor is elected to the office or a meeting at which the councillor takes the oath or makes the affirmation) until the councillor has taken the oath or made the affirmation.
(4) Any absence of a councillor from an ordinary meeting of the council that the councillor is not entitled to attend because of this section is taken to be an absence without prior leave of the council.
(5) Failure to take an oath of office or make an affirmation of office does not affect the validity of anything done by a councillor in the exercise of the councillor’s functions.
(6) The general manager must ensure that a record is to be kept of the taking of an oath or the making of an affirmation (whether in the minutes of the council meeting or otherwise).
Copies of the oath/affirmation have been prepared and Councillors will be required to take an oath or affirmation as the first item of business for the meeting.
Each Councillor will stand and take their oath/affirmation. The taking of the oath/affirmation will be recorded in the minutes. Councillors may wish to sign the prepared document which will also be kept as a record.
If a Councillor is unable to attend the first Council meeting, he or she may take the oath or affirmation of office at another location in front of the General Manager or before an Australian legal practitioner or a Justice of the Peace. The taking of the oath or affirmation outside a Council meeting must be publically recorded by the Council and a Council representative must be present.
Nil
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Extraordinary Council 28 September 2016 |
Item 3.2 |
3.2. Selection of a Chairperson for the Mayoral Election
An independent Councillor needs to be selected to chair the meeting during the election of the Mayor.
General Manager
Background
Legal
The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2005. Schedule 7 has been included below for your information.
Clause 236 of the Regulation provides that in the absence of a chairperson at a council meeting, the first item of business must be the election of a chairperson.
The election is to be conducted by the General Manager or in his or her absence, a council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.
If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.
For the purposes of subclause (3), the person conducting the election must:
(a) arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and
(b) then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.
The candidate whose name is on the drawn slip is the candidate who is to be the chairperson.
It is good practice if, once the chairperson is elected, the next item of business is the Mayoral election. The procedure for conducting the Mayoral election is set out in clause 394 and Schedule 7 to the Regulation.
Conclusion
Nominations will be taken from the floor for a Councillor to chair the meeting during the election of the Mayor and the election conducted as outlined above.
Attachments
Nil
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That Cr (insert name) be elected to chair the meeting until the conclusion of the election of the Mayor. |
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Council 28 September 2016 |
Item 3.3 |
3.3. Statement by Candidates for the position of Mayor and Deputy Mayor
Opportunity for Candidates for the positon of Mayor and Deputy Mayor to address Council.
General Manager
Background
Council resolved on 2 September 2015 to allow Candidates for the positon of Mayor and Deputy Mayor to address Council:
Councillors wishing to stand for the positon of Mayor or Deputy Mayor be given the opportunity as part of Mayoral and Deputy Mayoral election proceedings to address Council on their reasons for seeking that position.
Issues
Policy
The process for the addresses by candidates will be in line with Council’s Code of Meeting Practice, Clause 33 – Deputations to Council:
33.5 Those people who have been granted approval to be heard by a meeting shall provide supporting documentation, at their cost prior to the meeting and the General Manager is to arrange for it to be circulated to Councillors at the earliest convenient opportunity. People wishing to use PowerPoint presentations, or require maps or photos to be displayed on screen must provide their electronic files to the executive assistant by 4.00pm on the day prior to the meeting.
33.6 People addressing a meeting are to be limited to five minutes, but may be permitted to exceed that limit for a nominated time by leave of the meeting.
Lodgement of a nomination form will be seen as a request to address the Council. Candidates may decline to address the Council if this is their preference.
Order of addressing will be in the order the nominations forms were received.
Addresses will be heard as the first item on the Agenda, prior to the Election process proceeding.
Conclusion
Councillors have been advised of the process for addressing Council and the appropriate documentation will be provided to Councillors as outlined above.
Attachments
Nil
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That the following Candidates for the position of Mayor and Deputy Mayor address Council: Mayoral Candidates: (insert names) Deputy Mayor Candidates: (insert names) |
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Council 28 September 2016 |
Item 3.4 |
Council is required to elect a Councillor as Mayor in keeping with Section 225 of the Local Government Act and the General Regulation.
General Manager
Background
Legal
The NSW Parliament passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms on 24 August 2016. The Local Government Amendment (Governance and Planning) Bill 2016 is now in force. The amendments focus mainly on improving council governance and strategic business planning. A full copy of the amendments has been provided to Councillors and can be found here: http://www.legislation.nsw.gov.au/bills/74329d4d-e11c-4c4a-a303-d09e0f57e3ba
Some of the amendments are now in force. This includes the term of office for a mayor elected by councillors which has been increased to two years (section 230(1) LGA). The Mayoral election for Bega Valley Shire Council will therefore be for the period September 2016 until September 2018.
The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2005. Schedule 7 has been included below for your information.
The election is to be conducted by the General Manager or in her absence, a council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.
Role of the Mayor
The Local Government Amendment (Governance and Planning) Bill 2016 also amends section 226 Role of the Mayor. The new section reads:
226 Role of mayor
The role of the mayor is as follows:
(a) to be the leader of the council and a leader in the local community,
(b) to advance community cohesion and promote civic awareness,
(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,
(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,
(e) to preside at meetings of the council,
(f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,
(g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council,
(h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,
(i) to promote partnerships between the council and key stakeholders,
(j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council
(k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,
(l) to carry out the civic and ceremonial functions of the mayoral office,
(m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,
(n) in consultation with the councillors, to lead performance appraisals of the general manager,
(o) to exercise any other functions of the council that the council determines.
Schedule 7 – Election of Mayor by Councillors
Part 1 – Preliminary
1. Returning Officer
The General Manager (or a person appointed by the General Manager) is the returning officer.
2. Nomination
(1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.
(2) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.
(3) The nomination is to be delivered or sent to the returning officer.
(4) The returning officer is to announce the names of the nominees at the Council meeting at which the election is to be held.
3. Election
(1) If only one Councillor is nominated, that Councillor is elected.
(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.
(3) The election is to be held at the Council meeting at which the Council resolves on the method of voting.
(4) In this clause:
§ “ballot” has its normal meaning of secret ballot
§ “open voting” means voting by a show of hands or similar voting.
Part 2 – Ordinary ballot or open voting
4. Application of Part
This Part applies if the election proceeds by ordinary ballot or by open voting.
5. Marking of ballot-papers
(1) If the election proceeds by ordinary ballot, the returning officer is to decide the manner in which votes are to be marked on the ballot-papers.
(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
6. Count – 2 candidates
(1) If there are only 2 candidates, the candidate with the higher number of votes is elected.
(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.
It is noted the candidate chosen by lot is the successful candidate.
7. Count – 3 or more candidates
(1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.
(2) If 3 or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.
(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.
(4) A further vote is to be taken of the 2 remaining candidates.
(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.
(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.
Part 3 – Preferential ballot
8. Application of Part
This Part applies if the election proceeds by preferential ballot.
9. Ballot-papers and voting
(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the number “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.
(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
10. Count
(1) If a candidate has an absolute majority of first preferences votes, that candidate is elected.
(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.
(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.
(4) In this clause, “absolute majority”, in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.
11. Tied candidates
(1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal – the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.
(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes – the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.
Part 4 – Choosing by lot
12. Choosing by lot
To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.
13. Result
The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:
(a) To be declared to the Councillors at the Council meeting at which the election is held by the returning officer, and
(b) To be delivered or sent to the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW.
Nominations must be in writing and signed by two or more Councillors (one of whom may be the nominee) and the nominee must indicate his or her consent to the nomination in writing.
The nomination is to be delivered or sent to the Returning Officer (General Manager) who will announce the names of the nominees at the meeting. The written nominations can be given to the General Manager at the meeting prior to the election.
If more than one nomination is received, the Council is required to resolve whether the election is to proceed by preferential ballot, ordinary ballot, or by open voting.
Councillors should note that an election by preferential ballot or ordinary ballot is a secret ballot. Open voting is by show of hands (or similar means).
Process Required Resolutions
1. If only one nomination for the office of Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Mayor for the period until September 2018. The declaration will be recorded in the minutes.
The Mayor should then take the Chair.
2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate resolution would be:-
That the election of the Mayor for the period until September 2018 proceed by way of [eg: open voting]
3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes) and the Mayor will assume the Chair.
4. At this point a motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate motion would be:-
That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending September 2018 be destroyed.
5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate motion would be:-
That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Mayor for the period until September 2018.
Attachments
1. Nomination form for the position of Mayor 2016
2. Ballot papers Mayor 2016
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1. That the election of Mayor for the period until September 2018 proceed as outlined in the report with appropriate resolutions. 2. That the election of the Mayor for the period until September 2018 proceed by voting by way of either: · ordinary ballot, OR · preferential ballot, OR · open voting by way of show of hands 3. That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending September 2018 be destroyed. 4. That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Mayor for the period until September 2018. |
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Extraordinary Council |
28 September 2016 |
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Item 3.4 - Attachment 1 |
Nomination form for the position of Mayor 2016 |
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Item 3.5 |
The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act 1993.
General Manager
Background
The NSW Parliament passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms on 24 August 2016. The Local Government Amendment (Governance and Planning) Bill 2016 is now in force. The term of office for a mayor elected by councillors has been increased to two years (section 230(1) LGA). The Mayoral election for Bega Valley Shire Council will therefore be for the period September 2106 until September 2018.
The Local Government Act 1993 at section 223 states:
231 Deputy mayor
(1) The councillors may elect a
person from among their number to be the deputy mayor.
(2) The person may be elected for the mayoral term or a shorter term.
(3) The deputy mayor may exercise any function of the mayor at the request
of the mayor or if the mayor is prevented by illness, absence or otherwise from
exercising the function or if there is a casual vacancy in the office of mayor.
(4) The councillors may elect a person from among their number to act as
deputy mayor if the deputy mayor is prevented by illness, absence or otherwise
from exercising a function under this section, or if no deputy mayor has been
elected.
Bega Valley Shire has traditionally elected a deputy mayor. Operationally it has been appropriate to have an elected deputy mayor to support the mayor with civic duties and to undertake key civic activities when the mayor is out of the Shire.
The Council therefore must resolve whether it wishes to elect a deputy mayor and the period for the appointment which can be one or two years. The first resolution of this report must be taken prior to determining to the election of a deputy mayor if so resolved.
The procedure for the election of the Deputy Mayor is the same as that for the election of the Mayor as set out in the previous item.
ISSUES
Process Required / Resolutions
1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Deputy Mayor for the period determined by resolution. The declaration will be recorded in the minutes.
2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate resolution would be:-
That the election of the Deputy Mayor for the period (to be inserted) proceed by way of (eg: open voting)
3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes).
4. At this point a motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate motion would be:-
That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending (to be inserted) be destroyed.
5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate motion would be:-
That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period ending (to be inserted).
Attachments
1. Nomination form for the position of Deputy Mayor 2016
2. Ballot papers Deputy Mayor 2016
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1. That Council resolve to elect a deputy mayor for the period of two years Or That Council resolve to elect a deputy mayor for a period of one year. 2. That the election of Deputy Mayor proceed, as outlined in the report, with appropriate resolutions. 3. That the election of the Deputy Mayor for the period until (insert date) proceed by voting by way of either: • ordinary ballot, OR • preferential ballot, OR • open voting.by way of show of hands 4. That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending (to be inserted) be destroyed. 5. That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period until (insert date) |
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Extraordinary Council |
28 September 2016 |
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Item 3.5 - Attachment 1 |
Nomination form for the position of Deputy Mayor 2016 |
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Item 3.6 |
3.6. Council Meeting Agenda - Order of Business
Council is required to formally resolve its order of business (Clause 11 Meetings Regulation).
General Manager
Background
Clause 11 of the Local Government (Meetings) Regulations requires Council to formally resolve its order of business.
The order of business to be adopted in the revised Code of Meeting Practice is:
· Statement of Commencement of Live Streaming
· Acknowledgement of Traditional Custodians of Bega Valley Shire
· Apologies and Requests for Leave of Absence
· Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session
· Declarations
· Deputations
· Petitions
· Mayoral Minutes or Announcements
· Urgent Business
· Adjournment to Standing Committees
· Staff Reports (including advisory committee reports).
· Delegates Reports
· Rescission/Alteration Motions
· Notices of Motion
· Questions on Notice (responses to previous Questions raised)
· Questions for the next meeting (for response at a future meeting)
· Confidential Business – Closed Session
· Closed Session Adjournment
· Matters to be considered in Closed Session: Determination
· Adoption of decisions reached in Closed Session
· Declassification of reports considered previously in Closed Session
Attachments
Nil
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1. That Council note the report. 2. That Council adopt the order of business for meetings of the Council as contained in the report to Council on 28 September 2016. |
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Council 28 September 2016 |
Item 3.7 |
3.7. Councillor Portfolios, Agenda and Reporting Theme areas
At the Council meeting on 5 October 2012, Council moved to a reporting system in line with the themes of the Community Strategic Plan (CSP), Bega Valley 2030.
General Manager
Background
Following the adoption of the Community Strategic Plan (CSP), Council moved to a portfolio/reporting system in line with CSP themes. In September 2013 Reporting Theme names were confirmed as listed and the Terms of Reference for Portfolio Sections were reviewed.
In October 2014 it was resolved the reporting areas would be included in the Council Agenda:
· Staff Reports: Planning and Environment (Sustainability)
· Staff Reports: Community, Culture and Leisure (Liveability)
· Staff Reports: Economic Development and Business Growth (Enterprising)
· Staff Reports: Infrastructure Waste and Water (Accessibility)
· Staff Reports: Governance and Strategy (Leading Organisation)
· Staff Reports: Finance (Leading Organisation)
Issues
Legal
The Local Government Act 1993 (the Act) S369 provides the Mayor, or in his/her absence, the Deputy Mayor, presides as Chairperson at meetings of Council.
It has been the practice of Council to nominate Councillors, other than the Mayor, to chair Standing Committees or other Committees as delegated by Council.
Terms of Reference – Portfolio/Report Sections
Planning and Environment (Sustainability)
Objective:
To ensure the unique environment is protected to maintain biodiversity and water quality and managed for our community, to provide growth and economic opportunity.
Terms:
Consider, review, prioritise and resolve:
· Development applications outside staff delegations;
· Comprehensive Local Environment Plan, Development Control Plan and amendments;
· Strategic land use, urban structure, natural resource, coastal management, estuary and climate change plans and reports;
· Function service standards, levels of service and hierarchies;
· Policies, principles and guidelines relating to
o Natural environment, health, building, control, pollution, trees, weeds and regulatory services to the extent Council has jurisdiction in relation to the Local Government Act, Environmental Planning and Assessment Act, Protection of the Environment Operations Act, Heritage Act, Noxious Weeds Act and related legislation;
· Contributions plans under S94 and S94A (Environment Planning and Assessment Act) and S64 (Local Government Act);
· Recommendations from related reference panels;
· Minutes and recommendations from related advisory committees.
· Related matters outside staff delegations.
Community, Culture and Leisure (Liveability)
Objective:
To support a place where everyone regardless of age or circumstance can enjoy a safe, involved and affordable community life.
Terms:
Consider, review, prioritise and resolve:
· The provision of health, welfare and community services to the extent Council has jurisdiction or is agent to provide services on behalf of government;
· Strategic responses to community, cultural and social, voluntary issues and reports;
· Function service standards, levels of service and hierarchies;
· Policies, principles and guidelines in relation to:
o ageing, youth, children’s services, disability and other disadvantaged demographic groups in the Shire,
o library, gallery and cultural services
· Communication between the Council agencies and the community;
· Matters relating to the general health and physical wellbeing of Shire citizens;
· Awards for honorary and voluntary civic service;
· Civic events, festivals and celebrations;
· Recommendations from related reference panels;
· Minutes and recommendations from related advisory committees;
· Related matters outside staff delegations.
Economic Development and Business Growth (Enterprising)
Objective:
To support a creative and innovative business community, invigorating growth in employment and economic activity, in partnerships with government.
Terms:
Consider, review, prioritise and resolve:
· Strategic business and property plans and reports;
· Proposals relating to development, acquisition, lease or sale of Council property;
· Economic development, education, marketing and tourism;
· Function service standards, levels of service and hierarchies;
· Policies, principles and guidelines in relation to
· business growth, land investment, tourism;
· Minutes and recommendations from related advisory committees;
· Recommendations from related reference panels;
· Related matters outside staff delegations.
Infrastructure Waste and Water (Accessibility)
Objective
To plan, and provide a comprehensive mix of public and private sector services and facilities in order that residents and visitors have access to the quality health, recreation, education, employment, transport, utility and retail resources they want and need.
Terms:
Consider, review, prioritise and resolve:
· Capital works program;
· Tenders for capital works and plant;
· Asset standards, levels of service and hierarchies;
· Asset acquisition and disposal;
· Policies, principles and guidelines in relation to
o works (including roads, bridges, paths), water and waste water
o reserves, buildings, car parks, drainage and waterway infrastructure.
o emergency services;
· Strategic infrastructure management, including water, waste and waste water business plans;
· Asset management plans, facility management plans and plans of management;
· Infrastructure grant funded projects;
· Minutes and recommendations from related advisory committees;
· Recommendations from related reference panels;
· Related matters outside staff delegations.
Governance and Strategy (Leading Organisation)
Objective:
To shape an organisation that supports the agreed aspirations of the community within the capacity of the community and the capability of the organisation.
Terms:
Consider, review, prioritise and resolve:
· Community Engagement Policy and Procedure, Community Strategic Plan, Delivery Plan, Operating Plan, Resourcing Strategy, Revenue Policy (including rates, fees and charges as included in the integrated planning and reporting process) and Annual Reports;
· Function service standards, levels of service and hierarchies;
· Policies, principles and guidelines relating to
o Corporate plan, media and communication, customer service, finance, human resources, information technology, administration, risk and insurance;
· Organisation structure and staff resources;
· Council’s Policies including the Code of Conduct, Code of Meeting Practice and related codes and policies;
· External and internal audit;
· Recommendations from related reference panels;
· Minutes and recommendations from related advisory committees;
· Related matters outside staff delegations.
Finance (Leading Organisation)
Objective:
To support the efficient and effective financial management of the organisation.
Terms:
Consider, review, prioritise and resolve:
· Council’s Annual Operating Budget;
· Council’s Revenue Policy (including rates, fees and charges);
· Council’s Quarterly Budget Review Statements;
· Reports on Council’s investments;
· Year-end financial reporting including audit;
· Community Strategic Plan related financial reporting;
· Investments and loan programs and policies;
· Council’s Long Term Financial Plan.
Attachments
Nil
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1. That Council confirms the theme reporting and portfolio structure as: · Staff Reports: Planning and Environment (Sustainability); · Staff Reports: Community, Culture and Leisure (Liveability); · Staff Reports: Economic Development and Business Growth (Enterprising); · Staff Reports: Infrastructure Waste and Water (Accessibility); · Staff Reports: Governance and Strategy (Leading Organisation); · Staff Reports: Finance (Leading Organisation). 2. That Council note the objective and terms of reference for each portfolio. 3. That all Councillors be members of the Standing Committees and Chairs for each Standing Committee be elected at the meeting of 12 October, 2016.
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Extraordinary Council 28 September 2016 |
Item 3.8 |
3.8. Local Government NSW Annual Conference 2016
The Local Government NSW annual conference will be held at the WIN Entertainment Centre Wollongong from Sunday 16 October 2016 until Tuesday 18 October 2016.
General Manager
Background
The Local Government NSW Annual Conference will be held at the WIN Entertainment Centre Wollongong from Sunday 16 October 2016 until Tuesday 18 October 2016. A copy of the draft program is attached. Council is a member of Local Government NSW, the peak local government body in NSW.
At its meeting on 29 June 2016 Council considered the following information in relation to the conference:
Local Government NSW Annual Conference
The 2016 conference is to be held in Wollongong from Sunday 16 October to Tuesday 18 October. To take advantage of early bird booking it is appropriate for Council to nominate a number of attendees for this conference. As this is so close to the election period it is proposed that Council nominate the Mayor and two Councillors to attend this conference along with the General Manager. All costs for attendance are covered in the Councillors training and development budget.
Council then resolved at item 12.3 item 4:
That Council resolve to nominate the Mayor and two Councillors along with the General Manager to attend the LGNSW annual conference in Wollongong from 16-18 October 2016.
At its meeting on 10 August 2016 Council resolved to submit two motions to be included in the business paper for the conference. These related to improved access for people with a disability and National Disaster Repair and Recovery Fund. These motions have been submitted in the required format.
Bookings have been made for the Mayor, General Manager and two Councillors. Council will now need to determine the other two Councillors to attend so that the registration forms can be finalised.
Financial
Councillors and senior staff have attended the Local Government NSW Conference in past years.
Conclusion
It is appropriate Bega Valley Shire Council is represented at the Local Government NSW Conference. This Local Government Conference has been listed in the Operational Plan for attendance by Councillors and the General Manager on an annual basis.
Attachments
1. Draft Program LGNSW Annual Conference 2016
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That Council endorse two Councillors (names to be inserted at the meeting) to attend the Local Government NSW 2016 Conference to be held from 16 - 18 October 2016. |
