1 WYONG SHIRE COUNCIL REPORTS TO THE EXTRAORDINARY MEETING OF COUNCIL TO BE HELD IN THE COUNCIL CHAMBER, HELY STREET, WYONG ON WEDNESDAY, APRIL 14 2004 COMMENCING AT 5.00 PM INDEX Opening Prayer Receipt of Apologies 170 Mayoral Report for Past Term ............................................................................................................. 2 171 Election of Mayor and Voting Procedure ........................................................................................... 8 172 Election of Deputy Mayor .................................................................................................................. 12 173 Appointment of Committees ............................................................................................................. 13 174 Election of Delegates and Representatives on Various External Committees and Associations....................................................................................................................................... 21 175 Election of Councillors to the Wyong Shire Traffic Committee ..................................................... 26 176 Delegates on Various External Committees or Boards by Appointment ...................................... 27 177 Times and Dates of Meetings, Councillor Induction Training and Site Visits .............................. 29 178 Pecuniary Interest Returns ............................................................................................................... 32 2 WYONG SHIRE COUNCIL April 14 2004 To the Extraordinary Meeting of Council 170 Mayoral Report for Past Term C90/07003 The past 18 months of my mayoral term have been very busy with a great deal of activity. Community Consultation Community consultation has been a key focus of my mayoral term and I am pleased to report on a range of initiatives which have reflected that core commitment. With the support of Council, I have initiated a number of Community Forums at Yarramalong, Lake Munmorah, Toukley, Bateau Bay, Ourimbah and Warnervale and most of these were well attended. I have also hosted about 20 community networking gatherings and evening forums with a range of local community groups including representatives from local precinct committees and progress associations, emergency services, environmental care groups, spiritual leaders, the business chambers, sporting clubs, P&C Associations and others. When the NSW Minister for Local Government, the Hon Tony Kelly, called for all councils to consider structural reform, including the possible adjustment of local boundaries, this Council resolved to consult the community before making a submission. As Mayor I wrote out to residents in the northern and southern border suburbs of the Shire and asked if they would prefer to remain in the Wyong Shire or be part of a neighbouring Council area. Of the surveys returned from Ourimbah and Kulnura in the south, 85% said they would prefer to remain in the Wyong Shire. Of the surveys returned from the northern suburbs – Gwandalan, Summerland Point, Chain Valley Bay and Mannering Park –72% said they would prefer to remain in the Wyong Shire. Council also conducted a telephone survey of 500 residents across the Shire which revealed about two-thirds of residents (64%) said they were satisfied or very satisfied with the services and facilities provided by Council. While these results are very heartening, we must not become complacent as there is still much more to be done. In the same telephone survey, Council also asked residents about the community poll which is being held at the March Local Government election. In response, 86% of people said they supported the poll. 3 April 14 2004 To the Extraordinary Meeting of Council Mayoral Report for Past Term (contd) Central Coast Community Poll The community poll followed discussions with Gosford City Council and joint Mayoral Minutes moved by Gosford Mayor Robert Bell and myself in our respective Councils in December 2002 proposing the region-wide poll at the forthcoming council elections. The poll was held in the Wyong Shire and Gosford City Council areas on March 27 2004 and was the first time a joint poll had been held across the Central Coast in this way. It gave our 300,000 Central Coast residents a real community voice, not just a vote at the Council election. The regional questions asked were very important, particularly in relation to population growth and public transport. The local questions were also important, particularly on the issue of local political parties in Council. It is my strong personal belief that the best interests of the community are served by local Independent representation. Council faces a number of key issues and challenges at this time, but most of them stem from our rapid population growth. Population Growth Successive State Governments have identified the Wyong Shire as a major urban growth area and Council is working hard with a number of State and Federal Government agencies, as well as community organisations and individuals, to try to manage this growth as best it can. The Warnervale District is a major challenge for all of us but much has been done to ensure proper research and planning is well underway. Schools, transport, recreation and cultural areas, shopping and commercial areas, seniors’ facilities, a youth precinct, and much more are all the subject of intensive planning and assessment by Council and other key stakeholders. A new medical centre will also be established in the district thanks to a productive partnership between Council, the State and Federal Governments, Central Coast GPs, and the University of Newcastle. Council still needs to continue lobbying Governments, however, particularly the State Government, for adequate funding to support and resource these essential local services, as well as to ensure more infrastructure is available, such as a new Warnervale railway station and other transport networks. It is important that Council takes on an advocacy role and is not seen simply in a traditional sense which, in days gone by, was only seen to be responsible for ‘roads, rates and rubbish’. 4 April 14 2004 To the Extraordinary Meeting of Council Mayoral Report for Past Term (contd) Job Generation In the past 18 months, Council has continued its strong record of working to attract more jobs to the Shire. Credit needs particularly to be given to our Strategic Planning and Development staff in this regard, as they have worked to help several business ventures to expand or relocate to the Shire. Woolworths chose the Wyong Shire to establish its $100 million distribution centre after Council made quick decisions and worked hard to accommodate its needs. Locating Woolworths at Warnervale will generate hundreds of local construction jobs and hundreds more when it is operating, including many IT jobs. It may also establish a supplier park around its perimeters which has the potential to generate even more jobs for local residents. Kellogg Australia recently chose to expand its Charmhaven operations to create more than 120 extra jobs in the Shire, while Trend Laboratories relocated from Sydney to Berkeley Vale and generated a further 100 local jobs. The new Kooindah Resort and golf course is another $30 million investment in the Shire which will also generate hundreds of local jobs. In recent months, Council moved to classify new developments at Tuggerah Business Park and Warnervale Industrial Park as ‘complying developments’ which means they will no longer need to lodge formal development applications. As long as they comply with the new development control plans for the areas they can now be certified within seven days. This is a great step forward for further encouraging business investment in the Shire and I would like to congratulate Council staff for their initiative and work in this important policy area. But Council recognises that it cannot manage all the Shire’s challenges on its own, it must ensure a commitment from the State and Federal Governments to help us manage our population growth and the infrastructure and services needed to support that growth. Submissions to Governments In the lead up to the State election in March 2003 Council took advantage of the heightened political environment and, as an Independent Mayor, I met with both Premier Bob Carr and his Cabinet and with Opposition Leader John Brogden and his Shadow Cabinet. Gosford Mayor Robert Bell and I made a presentation to the full NSW Cabinet when they visited the region in October 2002. There we outlined the many environmental, economic and social challenges faced by our region and appealed to the Government for recognition and support. 5 April 14 2004 To the Extraordinary Meeting of Council Mayoral Report for Past Term (contd) These challenges included the need for more infrastructure support, more job creation opportunities, a greater focus on our environmental needs, particularly the Tuggerah Lakes, and a more focused agenda on our social needs. We made a similar presentation to the Shadow Cabinet when it visited the Central Coast in December 2002. Mayor Bell and I, together with our two General Managers, also met with the Premier and seven of his Ministers in Parliament House, Sydney, in November 2002 to further discuss key issues affecting the Coast. But while there has been acknowledgement and progress on some issues, a continued campaign is needed to ensure real Government support for our Shire’s needs. Public Liability At a Federal level, I led a delegation to the former Minister for Local Government, the Hon Wilson Tuckey in March 2003 seeking financial assistance for the public liability case involving Mr Ernest Vairy. The Federal Government clearly failed to regulate HIH Insurance before its collapse in 2000, and Wyong Shire ratepayers have therefore been left exposed to any damages payment which may be awarded against Council in this case. The State Government must also take responsibility in this case as the 1993 accident occurred on State-owned land. The accident happened when Mr Vairy dived off rocks at Soldiers Point, broke his neck, and then took legal action against Council. Council has recently heightened its campaign on this public liability issue and, as Mayor, I wrote written to all residents informing them of the latest information on this significant legal case. While the court found against Council in December 2002 and awarded Mr Vairy $5.054 million in damages, Council lodged an appeal in January 2003 because it believed the decision was wrong. We are still awaiting an outcome on this appeal. In the event that the Supreme Court again finds in favour of Mr Vairy, Council will need to find about $6 million (including interest and court costs) which will inevitably have an impact on local services. In light of this, a petition was circulated in the community which called on the State and Federal Governments to acknowledge their share of responsibility and provide financial assistance to Council and its ratepayers. I must emphasise that this has never been a campaign against Mr Ernest Vairy, rather, it has always been a campaign targeted at the State and Federal Governments. 6 April 14 2004 To the Extraordinary Meeting of Council Mayoral Report for Past Term (contd) Balanced Budget On other financial matters, however, Council continues to deliver balanced budgets. The draft Management Plan for 2004-05 outlines a $190 million budget which has been adjusted in line with CPI. This includes an increased expenditure to $10.2 million on local roads, as well as a range of other services Water Supply Another challenge facing our region over the coming year will be the delivery of a sustainable water supply system for the Central Coast. As part of the Gosford-Wyong Council’s Water Authority, Council has worked in partnership with Gosford to produce an information brochure for residents outlining the process for developing a future water supply strategy for the next 50 years. The Councils recognise that ongoing planning is needed to enhance our current water supply system to address the population growth and the continued drought conditions in the region. The Water Authority commissioned a technical study from the NSW Department of Commerce and has now released this for public comment. An extensive consultation process will take place this year to further explore possible water supply options. Other highlights of my mayoral term include: • Supporting local environment groups, including the networking of Landcare, Dunecare and Coastcare groups into a unified organisation known as Wycare Inc, and providing a $50,000 Council grant to help establish an environmental resource centre in Wyong. • Providing $50,000 to plant thousands of trees around Tuggerah Lakes, local streambanks, parks, and reserves, in partnership with the Central Coast Community Environment Network. • Supporting the Wilderness Society and NSW Forest Alliance in March 2003 in their successful bid to have 14,000 hectares of Shire forests protected from logging. • Opening a new youth centre at Lake Haven, known as Gravity, which includes performance areas, a café, a games area art studio, and a range of youth support services. • Providing $50,000 in grants to local sporting and community groups, including $2,500 to buy a training wheelchair for people with disabilities. 7 April 14 2004 To the Extraordinary Meeting of Council Mayoral Report for Past Term (contd) • Supporting and assisting with the centenary celebrations of Norah Head lighthouse in November 2003 which featured strongly in our Community Annual Report, was promoted State-wide and attracted thousands of visitors to the Shire. • Providing $75,000 in scholarships to 99 local school students to help them continue their education. An additional $25,000 was provided to five local groups to enhance their youth mentoring and transition programs. • Opening a new $1.05 million child care centre at San Remo after the previous building was destroyed by fire in September 2000. • Opening the new $750,000 Lakelands Community Centre in Kanwal. • Providing a $1 million upgrade for Budgewoi town centre, including road reconstruction and streetscape improvements. • Opening an Extreme Sports Park at San Remo for BMX, mountain bikes, mountain boards and other non-motorised activities. Finally, may I take this opportunity to thank the Deputy Mayor Bob Graham and fellow Councillors for their hard work during the past 18 months and also to thank the recently retired General Manager John Dawson, our new General Manager Kerry Yates, our four departmental Directors and the many other staff for their work and commitment which has helped make all these outcomes possible. I formally MOVE, That the report by the Mayor for the past 18 month term, 2002-2004, be received. 8 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 171 Election of Mayor and Voting Procedure C90/07003 LOB:SG SUMMARY Nominations are invited for the Office of Mayor for the April – September 2004 term. The election of Mayor of Wyong Shire Council must be held in accordance with Schedule 3 of the Local Government (Elections) Regulation, 1998 and Council's Code of Meeting Practice. The Office of Mayor commences on the day the person is elected and becomes vacant when the person's successor is declared elected. RECOMMENDATION That should an election for the Office of Mayor be required, Council determine whether the vote is to proceed by preferential ballot, by ordinary ballot or by open voting. In accordance with Section 227(a) of the Local Government Act, 1993 the Mayor of Wyong Shire Council is elected by the Councillors from among their number. Schedule 3 of the Local Government (Elections) Regulation, 1998, outlines the following procedures for the election of a Mayor. Returning Officer The General Manager (or a person appointed by the General Manager) is the Returning Officer. Nomination A Councillor may be nominated without notice for election as Mayor. The nomination is to be made in writing by two 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. The nomination is to be delivered or sent to the Returning Officer, who shall announce the names of the nominees at the Council meeting at which the election is to be held. 9 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Mayor and Voting Procedure (contd) Election If only one Councillor is nominated for the position of Mayor, that Councillor is elected. If more than one Councillor is nominated Council must determine if voting is to be by preferential ballot, by ordinary ballot (both secret ballots) or by Open Voting (voting by a show of hands or similar means). The elections of Mayor and Deputy Mayor are the only times Council can choose to vote by way of secret ballot. In all other matters open voting must be used. The election is to be held at the Council meeting at which the Council resolves on the method of voting. Ordinary Ballot 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 a If there are only 2 candidates, the candidate with the higher number of votes is elected. b If there are only 2 candidates and they are tied, the one elected is to be chosen by lot. 3 a If there are 3 or more candidates, the one with the lowest number of votes is to be excluded. b 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. c If, after that, 3 or more candidates still remain, the procedure set out in subclause 3 (b) is to be repeated until only 2 candidates remain. d A further vote is to be taken of the 2 remaining candidates. e Clause 2 of the above then applies to the determination of the election as if the 2 remaining candidates had been the only candidates. f If at any stage during a count under subclause 3 (a) or 3 (b), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot. Open Voting Follows the same procedures as for ordinary ballot excepting it is by a show of hands or similar means. 10 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Mayor and Voting Procedure (contd) Preferential Ballot 1 This Part applies if the election proceeds by preferential ballot. 2 The ballot papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers "1", "2" and so on against the various names so as to indicate the order of their preference for all the candidates. Count 1 If a candidate has an absolute majority of first preference 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 formal unexhausted ballot-papers. 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. 11 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Mayor and Voting Procedure (contd) Ballot Papers Ballot papers will be issued at the election as required. In accordance with Clause 9(5) of Council’s Code of Meeting Practice, names of candidates will be listed on the ballot paper in alphabetical order. Formality of Ballot Paper Under Schedule 3 to the Local Government (Elections) Regulations, 1998, (Clause 9(2)), the formality of a ballot paper will be determined in accordance with Clause 76 (1)(a),(b) and (c) and (5) of that Regulation, as follows: “76. (1) A ballot-paper of an elector at an election is informal if: (a) the elector has failed to record a vote on it in the manner directed on it, or (b) it has not been initialled on the back by the returning officer or an electoral official, or (c) it contains a mark or writing which, in the returning officer’s opinion, would enable the elector to be identified. (5) Despite subclause (1), a ballot-paper of an elector at an election is not informal by virtue of the existence of an unnecessary mark on the ballot- paper if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.” General 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. It is custom at Wyong Council that each nominee for the Office of Mayor may appoint one scrutineer who is not a Councillor. Two Nomination Forms for the position of Mayor have been enclosed with the Business Paper. Enclosure Nomination Forms for the Position of Mayor 12 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 172 Election of Deputy Mayor C90/07003 LOB:SG SUMMARY Nominations are invited for the Office of Deputy Mayor for the April – September 2004 term. The election is held in accordance with Schedule 3 of the Local Government Act (Elections) Regulation, 1993 and Council's Code of Meeting Practice. Council's Manual of Standard Procedures requires that a Deputy Mayor be elected. The Code of Meeting Practice provides that the procedures will be the same as those which apply to the election of the Mayor. Two Nomination Forms for the position of Deputy Mayor have been enclosed with the Business Paper. RECOMMENDATION That the election of Deputy Mayor be conducted in the same manner as the election of Mayor for the term April – September 2004. Enclosure Nomination Forms for the Position of Deputy Mayor 13 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 173 Appointment of Committees C90/02003 LOB:SG SUMMARY Election of delegates to Committees of Council. RECOMMENDATION 1 That Council elect representatives, for the term of Council, in accordance with the Charter of the following Committees: a Wyong Shire Audit Committee Three Councillors b Wyong Shire Consultative Committee Two Councillors c Tuggerah Lakes Estuary and Coastal Three Councillors Management Committee d Wyong Shire Beach Liaison Committee One Councillor and one alternate e Wyong Shire Sports Committee Three Councillors f Tree Management Committee Three Councillors g Disability Access Committee One Councillor h Farmland Rating Review Committee One Councillor 2 That each Committee elect a Deputy Chairperson annually to conduct Committee business in the absence of or at the request of the Mayor. 3 That all business of the Committees be conducted in accordance with Council’s adopted Code of Meeting Practice. Council may appoint or elect such Committees as it considers necessary (Clause 29 Meeting Regulations). When appointing or electing a Committee Council must specify the functions of the Committee, however the functions may be amended from time to time (Clause 30 Meeting Regulations). Council’s Code of Meeting Practice first adopted in 1993, following public exhibition makes provision for the election of Councillors to Committees of Council for the term of the Council. The Code remains in place until Council goes through the procedures to make any amendments. 14 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) In establishing or re-establishing, a Committee will: a Clearly define the charter/purpose of the Committee. b Determine the membership of the Committee and appoint the members thereto. c Set the timeframe for the Committee to complete its task and submit its reports recommendations to the Ordinary Meeting of Council. d Note in the charter that the Committee has no authority to co-opt persons to its membership. Under Council’s revised Code of Meeting Practice it is proposed the following Committees not be reformed for the following reasons: • On-Site Sewerage Management Working Party The Working Party was formed in November 2002. The objective of the Committee was to review and recommend to Council changes to the strategy document relating to on-site sewerage management. The Working Party has met the objective and it is therefore not recommended that it be reconstituted. • Wyong Shire Employment Forum In June 2001 Council resolved to create the Wyong Shire Employment Forum with the objective of providing an improved collective response to and a better understanding of the employment situation in Wyong Shire. The delegates on the Committee included representatives from each of the Shire’s Chambers of Commerce. The Committee met three times in the period June 2001 to June 2002 and did not achieve a quorum on two occasions. There have been no meetings since June 2002 (which did not have a quorum). As Council has consistently pursued the employment issue through its Management Plan and policies across the board and as employment is one of the key ongoing issues for the Shire, it is recommended that the Committee not be reconstituted. 15 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) Establishment of Committees It is proposed that the following Committees be reformed as Committees of Council with representatives elected by Council in accordance with the Charter: • Wyong Shire Consultative Committee Is a committee of Council committed to securing the benefits of structural efficiency through the establishment of consultative and participative process. The objectives of the Committee are to provide a forum for consultation between Council and its employees to achieve: - Co-operation in award implementation; - Effective and productive workplace reforms; - Enhanced career opportunities for employees and more fulfilling, varied and better paid work; The Committee previously met on the second Wednesday of each month. Delegates: Mayor (as member of all Committees) and two Councillors Current Delegates: Councillor Best (as Mayor), Former Councillor Brennan and Councillor Rose • Tuggerah Lakes Estuary and Coastal Management Committee: To promote ecologically sustainable development through the formulation of a balanced Estuary Management Plan for the Tuggerah Lakes. Issues upon which the Committee should advise Council: - the development, implementation and administration of an Estuary Management Plan for the Tuggerah Lakes; - appropriate capital works programmes for the Tuggerah Lakes system; - ongoing annual maintenance programs for the Tuggerah Lakes system; - appropriate funding programmes for works and services; - Tuggerah Lakes ecology and systems dynamics; - impact of Council's water supply and sewerage management policies; - impact of Council's urban runoff management policies and practices; - water quality requirements; 16 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) - implications of ground water inflow; - implications of urban runoff; - implications of industrial runoff; - implications of agricultural runoff; - water quality management; - water uses ("beneficial use" categories); - power stations; - interaction between water and land management and social and economic aspects. - the management of the off-shore zone known as the inter-tidal habitat. The Committee previously met on the first Thursday of each month. Delegates: Mayor (as member of all Committees) and three Councillors Current Delegates: Councillor Best (as Mayor), former Councillor Brennan, Councillor Eaton and former Councillor Thompson • Wyong Shire Beach Liaison Committee: The objectives of the Committee are to: • To facilitate effective communication between Council and beach user groups in the process of seeking resolution of issues associated with the beach environment. • To develop systems and procedures for improving and updating all facets of beach management within Wyong Shire. • To develop a strategy for implementing a beach management plan for the Shire. • To develop a sharing relationship between Council lifesavers and the Surf Life Saving Central Coast (Inc) with regard to equipment and staffing. Delegates: Mayor (as member of all Committees) and one Councillor and one Councillor as alternate. Current Delegates: Councillor Best (as Mayor), Councillor Graham and Councillor Stewart 17 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) • Wyong Shire Council Sports Committee: The purposes and objectives of this Committee are: • actively seek both Federal and State grants for sport and recreation facility development. • co-ordinate and advise on sporting management for associations and clubs. • develop strategic objectives for Wyong Shire Council for regional, district and local facilities. • co-ordinate and prioritise requests for improvements and development of sporting facilities in conjunction with associations and peak sporting bodies. • to review the objectives and constitution of the Wyong Shire Sport and Recreation Association with a view to updating the Constitution to be consistent with the Association's current roles and responsibilities. • actively promote the sporting facilities of Wyong Shire. • review all formal recreation plans of Council. Committee previously met second Thursday of each month. Delegates: Mayor (as member of all Committees) and three Councillors. Current Delegates: Councillor Best (as Mayor), former Councillor Brennan, Councillor Stewart and former Councillor Thompson • Tree Management Committee was established to: • review and recommend to the Director of Health and Development appeals made by applicants against refusal of tree removal/pruning applications or conditions of tree removal/pruning permits. • review and recommend to the Director of Health and Development appeals made by applicants against refusal of building and development applications or conditions of building permits and development consents relating to tree removal or pruning. Committee previously met second Wednesday of each month (as required). Delegates: Mayor (as member of all Committees) and three Councillors Current Delegates: Councillor Best (as Mayor), Councillor Graham, Councillor Stewart and former Councillor Thompson 18 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) • Disability Access Committee • to provide a forum to review and act upon issues of concern regarding access; • contribute to policy development, where relevant, to ensure inclusion of equity of access for people with disabilities; • to raise awareness of Councillors, staff, and the public of access for people with disabilities; • to identify Actions which Council can take to improve access; • to inform Council about current and relevant disability issues. Committee previously met every second month on fourth Wednesday. Delegates: Mayor (as member of all Committees) and one Councillor. Current Delegates: Councillor Best (as Mayor) and Councillor Stewart • Farmland Rating Review • To review and recommend to the General Manager appeals made by applicants against refusal of farmland rating applications. • To assist Council to clarify the farmland rating criteria provided in the Local Government Act. Committee previously met as required. Delegates: Mayor (as member of all Committees) and one Councillor. Current Delegates: Councillor Best (as Mayor) and former Councillor Brennan • Wyong Shire Audit Committee The primary objective of the Committee is to assist Council in fulfilling its oversight responsibilities relating to accounting and reporting practices imposed under the Local Government Act, 1993, Water Management Act, 2000 and other relevant legislation. 19 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) Purpose and objectives • Enhance the ability of Councillors to fulfil their legal responsibilities. • Add to the credibility and objectivity of financial reports. • Enhance the independence and effectiveness of the Council’s Internal Audit • Processes. • Oversee the application of appropriate accounting and disclosure policies and procedures. • Monitor existing corporate policies and recommend new corporate policies to prohibit unethical, questionable or illegal activities. • Provide a communication link between management, internal auditors/external auditors and Council. • Promote the need for public accountability of managers to Council, the ratepayers and other interested parties. • Support measures to improve management performance and internal controls. Committee previously met every three months or as required. Delegates: Mayor (as member of all Committees) and three Councillors. Current Delegates: Councillor Best (as Mayor), Councillor Pavier, Councillor Rose and Councillor Stewart ELECTION PROCEDURE - COMMITTEES - Immediately following announcement by the General Manager of nominations received, any Councillor may withdraw their nomination. - If no more than the appropriate number of delegates for each Committee the General Manager will declare those persons elected to that Committee. - If more nominations are received then the appropriate number of delegates for each Committee, the General Manager shall conduct a ballot by the open voting system in accordance with the Local Government Act, 1993. - Vacancies in any Committee shall be filled by the Council by the open voting system, except that a member elected to fill an extraordinary vacancy in the Council shall automatically be a member of the Committee on which his/her predecessor in office held a seat. 20 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Appointment of Committees (contd) ELECTION OF CHAIRPERSON AND DEPUTY CHAIRPERSON Clause 18, Sub Clauses (3) - (7) of Council's Code of Meeting Practice states as follows: "(3) The Chairperson of each Committee meeting must be: (a) the Mayor; or (b) if the Mayor does not wish to be the Chairperson of that Committee - a member of the Committee elected by Council; or (c) if Council does not elect such a member - a member of the Committee elected by the Committee. (4) Council may elect a member of a Committee as Deputy Chairperson of the Committee. If Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson. (5) If neither the Mayor nor the Deputy Chairperson of a Committee is able or willing to preside at a meeting of the Committee, the Committee must elect a member of the Committee to be acting Chairperson of the Committee. (6) If no Chairperson is present at a meeting of Council or a Committee at the time designated for the holding of the meeting, the first business of the meeting must be election of a Chairperson to preside at the meeting. (7) The election must be conducted: (a) by the General Manager or, in his or her absence, an employee of Council designated by the General Manager to conduct the election; or (b) if neither of them is present at the meeting or there is no General Manager or designated employee - by the person who called the meeting or a person acting on his or her behalf." In accordance with Sub-Clause (4) it may be appropriate, if Council so desires, for each Committee to elect its Deputy Chairperson at its initial meeting after the Mayoral Election. This has been the practice adopted by Council. 21 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 174 Election of Delegates and Representatives on Various External Committees and Associations C90/02003 LOB:SG SUMMARY Election of delegates and representatives on various external Committees and Associations for the term of the Council. RECOMMENDATION 1 That Council elect delegates and representatives as required for the bodies listed in the report. 2 That the delegates and representatives elected hold the positions for the term of the Council. Delegates and representatives are required to be elected to represent Council on various external Committees and Associations. The details of the Committees and Associations, current representation and meeting arrangements are as follows: • Australian Sister Cities Associations – P40/12000, C50/16500 Representation: One Councillor and one alternate Meetings: For the purposes of attending the Annual Conference at venues throughout Australia (attendance optional) Current Delegate: Councillor Stewart • Australian Springtime Flora Festival – C16/14000 Representation: One delegate plus alternate delegate Meetings: Monthly, first Thursday most months Current Delegate: Manager of Open Space and Recreation The delegate need not necessarily be a Councillor. • Bushfire Management Committee – F20/07030, F20/04000 Representation: One Councillor. Meetings: Quarterly at Fire Control Current Delegate: Councillor Stewart 22 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Delegates and Representatives on Various External Committees and Associations (contd) • Central Coast Area Assistance Scheme Regional and Local Ranking Committees C30/04000 Representation: One Councillor and one alternate delegate (Regional). There is no stipulation that the delegate is required to be a Councillor. A Councillor is preferred but Gosford City Council’s delegate is a staff member. Current Delegate: Councillor Stewart and alternate former Councillor Brennan Representation: Two Councillors (Local). The two delegates may be either Councillors or staff or a combination. Current Delegate: Councillor Stewart and former Councillor Brennan Meetings: Twice per year. • Central Coast Group Training Board – I20/01000 Representation: One Councillor. Meetings: Every two months on third Tuesday at Central Coast Group Training Current Delegate: Councillor Eaton There is no stipulation that the delegate is required to be a Councillor, however, it has been the normal practice. • Central Coast Regional Organisation of Councils – C90/13500 Representation: Mayor and two Councillors Meetings: Quarterly at Gosford City Council or Wyong Shire Council Current Delegate: Councillor Best (as Mayor), Councillor Eaton and Councillor Stewart • Fire Control Liaison Committee - F20/07030, F20/04000 Representation: Two Councillors Meetings: Quarterly at Fire Control Current Delegate: Councillor Eaton and Councillor Stewart 23 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Delegates and Representatives on Various External Committees and Associations (contd) • Gosford Wyong Councils’ Water Authority Board – WAT/0000 Representation: The Mayor, Deputy Mayor, one other Councillor and an alternate delegate. Meetings: Quarterly at Gosford City Council or Wyong Shire Council Current Delegate: Councillor Best (as Mayor), Councillor Graham (as Deputy Mayor), former Councillor Cawthorne (alternate) and Councillor Eaton (verbally resigned at meeting of February 18 2004) • Greater Toukley Vision Inc – T40/25186 Representation: One Councillor and alternate Meetings: Monthly at Toukley Current Delegate: Councillor Eaton and Councillor Rose alternate Any person may be appointed by resolution of Council. • Hand Brake Turn – Central Coast Advisory Group – C30/19000 Representation: One Councillor Meetings: Various four per year Current Delegate: Councillor Stewart • The Entrance Town Centre Management Board – T40/25176 Representation: One Councillor Meetings: Twice monthly at The Entrance Current Delegate: Councillor Stewart • Wyong Community Liaison Committee – M40/01000 Representation: One Councillor Meetings: Quarterly at Wyong Coal Pty Ltd Current Delegate: Former Councillor Brennan 24 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Delegates and Representatives on Various External Committees and Associations (contd) • Wyong Community Recreation Association – R50/LH24035 Representation: Two Councillors Meetings: Quarterly at Wyong Shire Council Current Delegate: Councillor Eaton and Councillor Stewart The Agreement requires three Council delegates. It does not stipulate that the delegates are required to be Councillors, however, the delegates have previously comprised two Councillors and the General Manager. • Wyong Shire Sister City Committee – P40/12000 Representation: One Councillor Meetings: Third Tuesday of each month Current Councillor: Councillor Stewart The delegate need not be a Councillor. • Lower Hunter Central Coast Regional Environmental Management Strategy Committee – E40/18000 Representation: One Councillor Meetings: Monthly at Lake Macquarie Council Current Delegate: Former Councillor Thompson Restructuring of this Committee is currently being examined by the Hunter and Central Coast Councils and it is recommended that no appointment be made at this stage. A report will be brought back to Council on this issue in the near future. 25 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Election of Delegates and Representatives on Various External Committees and Associations (contd) Appointment of Mayor and/or Deputy Mayor on Various External Committees and Associations The Mayor or Deputy Mayor only are appointed as delegates for the following external committees or associations and will retain the position for the Mayoral term. Council is not required to elect other delegates for these positions: • Business Central Coast – I20/04200 Representation: Mayor and General Manager Meetings: Every two months on Thursday Current Delegate: Councillor Best as Mayor • Central Coast Tourism Inc – T10/02000 Representation: Mayor or Nominee Meetings: Every two months on third Thursday at Terrigal Current Delegate: Councillor Stewart for the Mayor 26 WYONG SHIRE COUNCIL April 14 2004 General Manager’s Report To the Ordinary Meeting of Council 175 Election of Councillors to the Wyong Shire Traffic Committee R60/26000 LOB SUMMARY It is proposed that a delegate and alternate delegate be elected to the Wyong Shire Traffic Committee. RECOMMENDATION That Council determine the member and alternate member for the Wyong Shire Traffic Committee. The Committee is not a committee of Council but is a committee on which Council is represented. The objectives of the Committee are to provide a useful role in communication, as a forum for debating and resolving local traffic problems and recommending solutions to Council, and in helping Councils to obtain the concurrence of local Police and Road and Traffic Authority experts, as is necessary under the conditions of authorities delegated to Council. Council also accepts the role of providing the secretarial support. The makeup of the committee provides for one Councillor as a member and another Councillor as alternative. The Councillor who is the member is the Chairperson of the committee. Councillor Graham is the current delegate and former Councillor Cawthorne was the alternate. There is a need to determine which Councillor will be the member and which Councillor will be the alternative. 27 WYONG SHIRE COUNCIL April 14 2004 General Manager’s Report To the Ordinary Meeting of Council 176 Delegates on Various External Committees or Boards by Appointment C90/02003 and D/007867 LOB SUMMARY Reporting for the information of Councillors, delegates representing Council by appointment on external boards and committees. RECOMMENDATION That the existing appointments to the Festival Development Corporation, the Lake Macquarie Project Committee and the Tuggerah Lakes Reserve Trust Board be noted. The following boards and committees have delegates representing Wyong Council that are either appointed by Council, the board, or by a government minister. These appointments are for terms that differ from that of the term of a Councillor and will be reported to Council separately, as the relevant term expires and reappointment or renomination is required. • Festival Development Corporation Board – C90/10002 Representation: Mayor or Mayor’s Delegate. Meetings: Every second month on third Thursday at Mount Penang. There is no stipulation that the delegate is required to be a Councillor, however, it has been the normal practice. Gosford City Council is represented by a Councillor. Councillor Rose has been appointed until January 2005. Council is required to nominate its representative to the Festival Development Corporation Board. The Board then puts the nomination to the Minister and the Governor. • Lake Macquarie Project Management Committee – E40/06100 Representation: One Councillor Meetings: Quarterly at Lake Macquarie Council. Councillor Rose is currently appointed by the Minister until December 31 2005. 28 April 14 2004 General Manager’s Report To the Ordinary Meeting of Council Delegates on Various External Committees or Boards by Appointment (cont) • Tuggerah Lakes Reserve Trust Board – D/007867 Representation: One Councillor Meetings: Second Friday of the month at Wyong Shire Council. Councillor Best was appointed by the Minister until November 2007. 29 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 177 Times and Dates of Meetings, Councillor Induction Training and Site Visits C90/10002 LOB:SG SUMMARY The Code of Meeting Practice first adopted in 1993, establishes dates and times for regular meetings of Council and Standing Committees for the term of the Council. The Code remains in place until Council goes through the procedures necessary to make any amendments. RECOMMENDATION 1 That Council indicate by resolution if it wishes to make any changes to the adopted policy. 2 That should Council resolve to amend its Code of Meeting Practice, the draft amendment be placed on exhibition from a period of 28 days, with a 42 day period for submissions. 3 That subject to no significant objections being received as a result of the exhibition the amendments be adopted. 4 That the procedure for inspections and briefings be endorsed. 5 That in accordance with Council’s Code of Meeting Practice, Council give public notice that it will not hold an Ordinary Meeting on Wednesday April 28 2004. 6 That Councillors indicate which dates would be most suitable for induction of Councillors including site visits. In accordance with the Adopted Code of Meeting Practice: • Ordinary Meetings of Council will be held on the second and fourth Wednesday of each month, with the exception of the last scheduled meeting in December and the first scheduled meeting in January, commencing at 5.00 pm. The Code further provides that Ordinary Meetings of Council and meetings of a Committee, of which all Councillors are members, be held in the Council Chambers, unless the Council or a Committee by resolution decides to meet in another location. 30 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Times and Dates of Meetings, Councillor Induction Training and Site Visits (contd) That where four or more Councillors indicate to the Mayor or the General Manager their intention to attend any seminar or the like which clashes with a Council or Committee meeting, the date of that meeting will be altered by the Mayor or the General Manager to ensure the availability of the maximum number of Councillors possible. Section 365 of the Local Government Act, 1993 provides that a Council is required to meet at least ten times each year, each time in a different month. As provided by Section 360 (2) of the Act and in accordance with the requirements of Chapter 12 of the Local Government Act 1993, a Code of Meeting Practice was placed on public exhibition and adopted by Council on May 13 1998 and now provides the procedure for calling and conducting meetings of Council and Committees and times and dates of meetings for the term of the Council. The procedure for calling Extraordinary Meetings for both Council and Committees and the notice to be given of meetings is also contained in the Code of Meeting Practice. Council should determine if it wishes to continue with its current meeting cycle or change to another meeting cycle, day or time. A change to the meeting cycle and date would require advertising before Council could commence a revised meeting schedule, whereas a minor change in time would not require advertising so long as the meeting day and meeting cycle are retained in accordance with the existing Code. Scheduling Meeting Day Activities In accordance with procedure, Council conducts briefings and inspections respectively on alternate meeting days of each month. Residents Forum, meal breaks, briefings and inspections are scheduled to be held generally in accordance with the following table: Time Activity 10.00 am – 3.00 pm Briefings or Inspections (lunch break during this period) 3.00 pm – 3.30 pm Residents Forum 3.30 pm – 4.30 pm Unscheduled Time 4.30 pm – 5.00 pm Meal Break 5.00 pm Commencement of Ordinary Meeting Dinner at the Conclusion of the Ordinary Meeting Councillors are contacted by telephone to ascertain their intention to attend individual briefings and inspections listed. In the case of briefings, should a majority of Councillors not indicate their intention to attend an individual briefing, that briefing will be cancelled. If Council were to change the meeting cycle it is suggested that meeting day activities be retained. 31 April 14 2004 General Manager's Report To the Extraordinary Meeting of Council Times and Dates of Meetings, Councillor Induction Training and Site Visits (contd) Councillor Induction and Site Visits It has been customary in the past for Councillors to receive a detailed overview of the Councils operations, structure, management plan (financials), policy overview and a detailed briefing on the role and responsibility of the elected Councillor. These briefings have been beneficial to new Councillors providing an opportunity to meet informally with the General Manager and Directors to expand upon the role of Councillors and access additional information to assist them in representing their constituency. Under Council’s existing Code of Meeting Practice, the first formal meeting of Council would occur on Wednesday, April 28 2004. In the two weeks prior to the week commencing April 26 2004, Council staff will be preparing for the conversion and implementation of the Council’s new “ONLINE” computer system. This conversion and implementation will take a considerable amount of staff resources and staff normally involved in the preparation and delivery of the Council’s business papers would be better utilised in other functional areas of Council activities. It is suggested that Council not hold its Ordinary Meeting scheduled for Wednesday, April 28 2004 with the meeting cycle, assuming Council retains its current meeting date schedule, but hold its first Ordinary Meeting on Wednesday, May 12 2004. This will allow staff, including the General Manager and Directors, to focus solely on the implementation of the new computer systems. Council could then use Wednesday, April 28 and Wednesday, May 5 for induction training and undertake inspections of works and major facilities on May 12, if Council deems this necessary, before the commencement of the May 12 2004 Ordinary Meeting. If this suggestion is acceptable to Council, a detailed briefing schedule will be prepared and distributed with the initial focus on issues that will assist new Councillors to gain an understanding of the organisation, the role of Councillors and key strategic and accountability issues. 32 WYONG SHIRE COUNCIL April 14 2004 General Manager's Report To the Extraordinary Meeting of Council 178 Pecuniary Interest Returns C90/12000 LOB:LOB SUMMARY Section 449 of the Local Government Act 1993 requires newly elected Councillors to lodge a pecuniary interest return and lodge it with the General Manager within three months of the date of becoming a Councillor. The Act requires all other Councillors holding that position on June 30 in any year to lodge the return by September 30 of that year. RECOMMENDATION That the report be received and the information noted. The provisions of Chapter 14 of the Local Government Act 1993 regulate the way in which Councillors and other nominated persons conduct themselves to ensure that there is no conflict between their private interests and their public duties. It places obligations on people associated with the functions of Council to act honestly and responsibly in carrying out those functions. The people who have dealings with Council must be confident that the affairs of Council are conducted in an open and honest manner. Chapter 14 of the Act includes a requirement for Councillors, and staff (as well as certain other persons) who have a role in making a range of decisions, to make public their financial interests. The requirement for disclosure is to ensure that Council's decisions are not affected by personal considerations or the potential for personal gain. While the Act specifies pecuniary (ie. - financial) interests, persons who have a duty of disclosure should make known any other interests which could be perceived as conflicting with decisions they may be called upon to make in the course of their duties. Observance of the need for openness and disclosure is essential to protect the integrity of Council's decision-making process and to assure the community that their trust in Council to act honourably in all matters is not misplaced. The public is entitled to expect that the business of Council is conducted with efficiency, impartiality and integrity. By disclosing a pecuniary interest in a matter you will, of course, disqualify yourself from participating in any discussion, consideration or decision on that matter.
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