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EXTRAORDINARY MEETING OF COUNCIL

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                                              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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