AGENDA - Shellharbour Council · 9/24/2019 · Christine Matesic – Corporate Meetings Officer. Summary . The purpose of this report to determine Ordinary Council Meeting dates

SHELLHARBOUR CITY COUNCIL Extraordinary Council Meeting – 24 September 2019 Business Paper Page 1

This is page of the Minutes of the Extraordinary Meeting of the Council of the City of Shellharbour held 24 September 2019

AGENDA 1. Acknowledgement to Country ......................................................................... 2

2. Apologies / Leave of Absence ......................................................................... 2

3. Confidential Business (Committee of the Whole) .......................................... 3

4. Declarations of Interest .................................................................................... 3

5. Reports............................................................................................................... 3

5.1 Method of the Election of Mayor (11262229) .......................................... 3

5.2 Method of the Election of Deputy Mayor (11262230) .............................. 6

5.3 Proposed Ordinary Council Meeting Dates 2019-2020 (11262183) ........ 9

5.4 Terms of Reference for Advisory Committees, Guidelines for Working Parties and Terms of Appointment of Community Representatives on Advisory Committees and Working Parties (11262236) ................................................... 12

5.5 Review of and Election of Delegates to Committees and Working Parties (11261532) ........................................................................................................ 25

6. Committee of the Whole in Closed Session: Adjournment ......................... 62

7. Committee of the Whole: Consideration of Adoption of Decisions Reached in Closed Session......................................................... 62



1. Acknowledgement to Country

Shellharbour City Council acknowledges the Traditional Owners and Custodians of the Land on which we are meeting and pays its respects to Elders past, present and emerging. Webcasting and Emergency Plan Statement The public gallery should note that Council records and webcasts its Council Meetings live to enhance the accessibility of Council Meetings to the broader Shellharbour City Community and their image may be broadcast live and recorded. Council Meetings and the Addresses to Council Forum can now be viewed live via webcast, downloaded from Council's website for later viewing, or purchased from Council for viewing on a computer. It should be noted that the Addresses to Council Forum is held prior to the Council Meeting from 4.30pm to 5.30pm. Should Council need to consider confidential matters during a Council Meeting, invited members of the gallery may address the Council on the reasons why the meeting should not resolve into Committee of the Whole (Confidential Session). Members of the gallery who address Council at either the Addresses to Council Forum or at the Council Meeting should note that their image, comments or submissions will be broadcast live and recorded. Council accepts no responsibility for any defamatory or offensive statements. Members of the gallery should refer to the Public Gallery Conduct Standards, displayed in the Chamber, for appropriate standards of behaviour during Council Meetings. Please ensure that mobile phones and other electronic devices are turned off or are in silent mode for the duration of the meeting. In the event of an emergency, please evacuate the building using the nearest exit (point to where it is located) and follow the instructions given by the wardens. Do not use the lifts.

2. Apologies / Leave of Absence



3. Confidential Business (Committee of the Whole)

4. Declarations of Interest

Note: Councillors and staff who declare an Interest at the Council Meeting are also required to complete a Declaration of Interest form.

5. Reports

5.1 Method of the Election of Mayor (11262229) To the Mayor and Councillors Directorate: General Manager Group: Council Services Manager: Flora Lepouras – Executive Manager Author: Christine Matesic – Corporate Meetings Officer

Summary The purpose of this report is to determine the procedure for the election of the Mayor.

Background Schedule 7 of the Local Government (General) Regulation 2005 sets out the procedures for the election of a Mayor by Councillors. The General Manager (or a person nominated by the General Manager) is appointed as the Returning Officer for such an election. Nominations can be made without notice, but must 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. A blank nomination form has been prepared and circulated with this business paper for Councillors to use if so desired. There is no necessity to use this form, but the criteria detailed above must be met for a nomination to be valid. The nomination forms must be delivered to the General Manager and can be so delivered at any time up to consideration of this item. Further blank nomination forms will be available at the Council Meeting.



Council will need to decide on whether or not the Mayor will be elected by secret ballot (preferential or ordinary) or open voting. Local Government (General) Regulation 2005 - Schedule 7 Clause 3 details the method of election: Election

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council

resolves on the method of voting. (4) In this clause:

ballot has its normal meaning of secret ballot; open voting means voting by a show of hands or similar means.

Where at any time in such an election there is equality in votes for the remaining two candidates, a draw by lot is undertaken with the candidate first drawn being taken to be elected. If at any time there is equality for two or more candidates when three or more candidates remain in the count (ie when a draw by lot will not decide the election), a draw by lot is undertaken and the candidate first drawn is excluded. Financial / Resources Implications Nil Legal and Policy implications Section 282 of the Local Government Act 1993 (the Act) requires that the mayor of an area who is to be elected by the councillors for the area is to be elected by the councillors from among their number. Section 230 of the Act requires that the mayor elected by the councillors holds the office of the mayor for two years. Public / Social Impact The role of the Mayor is to lead the Council on behalf of the community in accordance with Section 226 of the Local Government Act 1993. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan:



Objective: 4.1 Led through collaboration

Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the community providing strong, innovative and proactive leadership

Consultations Internal Nil

External Nil

Political Donations Disclosure Not applicable

Recommendation That:

1. written nominations be called for the Office of Mayor for the periodSeptember 2019 - September 2020.

2. Council determine the form of election.

3. thereafter, Council proceed with the election of the Mayor.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: Extraordinary Council Meeting 24 September 2019

Attachments Nil

Flora LepourasExecutive Manager



5.2 Method of the Election of Deputy Mayor (11262230)

To the Mayor and Councillors Directorate: General Manager Group: Council Services

Manager: Flora Lepouras – Executive Manager Author: Christine Matesic – Corporate Meetings Officer

Summary The purpose of this report is to determine the procedure for the election of Deputy Mayor if Council decides to elect a Deputy Mayor.

Background Section 231 (1) of the Local Government Act 1993, states that the councillors may elect a person from among their numbers to be the Deputy Mayor.

If Council resolves to elect a Deputy Mayor it needs to consider whether or not the Deputy Mayor will be elected by secret ballot (preferential or ordinary) or open voting. Local Government (General) Regulation 2005 - Schedule 7 Clause 3 details the method of election:

Election

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council resolves on the method of voting.

(4) In this clause:

ballot has its normal meaning of secret ballot; open voting means voting by a show of hands or similar means."

If the Council decides to elect a Deputy Mayor the election will follow the same procedure as for the election of the Mayor.

There are no financial implications in electing a deputy mayor.



Financial / Resources Implications

Nil

Legal and Policy implications

Section 231 of the Act states that councillors may elect a person from their number to be deputy mayor. The person may be elected for the mayoral term or a shorter term.

Public / Social Impact

The Deputy Mayor may exercise the function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor in accordance with Section 231 of the Local Government Act 1993.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 4.1 Led through Collaboration

Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the community providing strong, innovative and proactive leadership

Consultations Internal Nil

External Nil




Recommendation That:

1. written nominations be called for the Office of Deputy Mayor for the periodSeptember 2019 - September 2020.

2. Council determine the form of election.

3. thereafter, Council proceed with the election of the Deputy Mayor.

End Sec ti on



Attachments Nil




5.3 Proposed Ordinary Council Meeting Dates 2019-2020 (11262183)

To the Mayor and Councillors

Directorate: General Manager Group: Council Services


Summary The purpose of this report to determine Ordinary Council Meeting dates for the next 12 months.

Background Section 365 of the Local Government Act 1993 (the Act), states that a council is required to meet at least 10 times each year, each time in a different month. The current meeting cycle is set out in the Code of Meeting Practice. Ordinary Council meetings are generally scheduled for a three-week cycle on Tuesdays commencing at 6.30pm.

Set out below is a table showing the dates of Council meetings if the current three-week pattern is continued allowing some variation to accommodate conferences and public holidays/events.

It should be noted that for the Council meetings that are scheduled for the day after a public holiday, the pre-council meeting briefing will set for the preceding Thursday afternoon and the business papers will be forwarded to Councillors on the Wednesday afternoon the week before the Council meeting.

ORDINARY COUNCIL MEETING DATES OCTOBER 2019 – SEPTEMBER 2020 October 2019 (Labour Day Public Holiday Monday 7 October) (LGA Conference 14 to 16 October)

8 October 2019 29 October 2019

November 2019 19 November 2019 December 2019 17 December 2019 January 2020 NO MEETINGS February 2020 4 February 2020

25 February 2020 March 2020 17 March 2020 April 2020 (Easter 10-14 April)

7 April 2020 28 April 2020

May 2020 19 May 2020 June 2020 (Queens Birthday Monday 8 June) (National General Assembly mid June)

9 June 2020 30 June 2020

July 2020 21 July 2020 August 2020 11 August 2020 September 2020 1 September 2020

29 September 2020




The resourcing for Council Meetings is included in Council’s Operational Plan and budget.


Council is required to meet at least 10 times each year, each time in a different month as per Section 365 of the Local Government Act 1993.


Council’s main function is to conduct Council Meetings in accordance with the Local Government Act 1993, Local Government (General) Regulation 20015 and its Code of Meeting Practice.


The Council Meeting schedule supports the following objective and strategies of the Community Strategic Plan:


Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the community providing strong, innovative and proactive leadership.

Strategy: 4.1.2 Actively engage, consult and inform the community.

Consultations Internal Council Services staff

External Nil




Recommendation That Council continue with the usual practice of generally holding a Council meeting in a 3 week cycle for the next 12 months (to September 2020) and adopt the Council meeting dates as detailed in the table below.

2019/2020

8 October 2019 29 October 2019

19 November 2019 17 December 2019 4 February 2020

25 February 2020 17 March 2020

7 April 2020 28 April 2020 19 May 2020 9 June 2020

30 June 2020 21 July 2020

11 August 2020 1 September 2020

29 September 2020

nd Se cti on



Attachments Nil




5.4 Terms of Reference for Advisory Committees, Guidelines for Working Parties and Terms of Appointment of Community Representatives on Advisory Committees and Working Parties (11262236)

To the Mayor and Councillors

Directorate: General Manager Group: Council Services


Summary The purpose of this report is to endorse the Terms of Reference for Council’s Advisory Committees, guidelines for Working Parties and to formalise the term of appointment of Community Representatives nominated to Advisory Committees and Working Parties.

Background A review of Advisory Committee Terms of Reference (ToR) has been undertaken to standardise the ToRs for all Advisory Committees to assist with and to improve the process of managing meetings and conduct. The purpose of each Advisory Committee has not changed. Any change to the purpose of any Advisory Committee will be reported to Council separately for consideration if and when required.

The new standard template for all Advisory Committees is attached to this report seeking endorsement by Council. The ToRs outline the purpose, membership, meeting protocols and community representative appointment process and term.

Council currently has the following Advisory Committees: Australia Day Advisory Committee, Disability Access and Inclusion Advisory Committee, Flood Risk Management Advisory Committee, Shellharbour Airport Management Advisory Committee and Aboriginal Advisory Committee. The new standard template will be applied to each of these Advisory Committees with their individual purpose and any other specific requirements.

The Shellharbour Traffic Committee is technically in a category of its own created under delegation from the then Roads and Traffic Authority in 1988. The traffic authority delegated certain powers to councils in respect of the provision of traffic control facilities and traffic management measure on public streets through the legislated requirement to form local traffic committees. A ToR document has been prepared for the Shellharbour Traffic Committee as the conduct of this committee is also undertaken under Council’s meeting process and procedures on the same basis as Advisory Committees.



Formal guidelines have also been prepared for Working Parties to assist with the conduct of Working Party meetings. As detailed in the Report 5.5 at this meeting, Working Parties are informal and therefore the Code of Meeting Practice does not apply and there is no need for formal notices, official business papers and minutes. Therefore the guidelines have been prepared to assist with the conduct of meetings and to ensure that other relevant policies, such as the Code of Conduct and Social Media procedures are adhered to.

During the review of the ToRs it was noted that Advisory Committee and also Working Party Community Representative appointment terms to date have not been consistent. Although ToRs have not been formalised for Working Parties, the community representative appointment terms for Working Parties will also be standardised as part of this process.

As part of the review of the ToRs for Advisory Committees, the membership to Council’s Advisory Committees (and Working Parties) will be formalised and aligned to Council committee delegates. This will facilitate the Advisory Committee (or Working Party) in decision making and to assist in the delivery of strategic long-term outcomes. All community representative members may be eligible for re-appointment following the expiration their two year term appointment by re-applying during the nomination process.

A member may resign from an Advisory Committee (or Working Party) at any time by advising of their resignation in writing to the Chairperson or working party convenor. Council may appoint a community representative to fill the vacancy for the remainder of the term.

Community representatives will be selected through a nomination process, advertised in local newspapers, Council’s website, and other relevant networks relating to the Advisory Committee.

An assessment panel of at least one Councillor delegate and two staff members of the Advisory Committee (and Working Party) will recommend on the selection of representatives to fill vacancies. Council officers will provide recommendations for membership in a report to Council for final determination.

Community membership will be based on the willingness to make an active contribution and a capacity to commit to the Advisory Committee for the required duration.


Nil


Terms of reference define the purpose and structures of a committee and assist with the conduct of meetings.




The community will be better informed on how to apply for membership to various Advisory Committees and Working Parties following the introduction of the new process.


This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 4.1 Led through Collaboration

Strategy: 4.1.2 Actively engage, consult and inform the community

Consultations Internal Group Managers Managers

External Nil

Political Donations Disclosure Not applicable.



Recommendation That Council:

1. Endorse the Terms of Reference documents for the Australia DayAdvisory Committee, Disability Access and Inclusion AdvisoryCommittee, Flood Risk Management Advisory Committee, AboriginalAdvisory Committee and Shellharbour Traffic Committee.

2. Endorse the Working Party guidelines for all Council Working Parties.

3. Standardise the term of appointment for Community Representativemembers on Advisory Committees and Working Parties for a period of 2years with the first 2 year term commencing in October 2019.

4. Endorse that Community Representatives be required to stand down fromtheir positions following each 2 year appointment and re-apply every 2years. This application process will commence in October 2019. Furtherthat the proposed Community Representatives for each AdvisoryCommittee and Working Party be reported to Council for endorsement.

nd Se cti on



Attachments 1. Terms of Reference template for Advisory Committees – Page 162. Guidelines template for Working Parties – Page 21




Attachment 1 – Terms of Reference template for Advisory Committees











Attachment 2 – Guidelines for Working Parties









5.5 Review of and Election of Delegates to Committees and Working Parties (11261532)

To the Mayor and Councillors Directorate: General Manager Group: Council Services

Manager: Flora Lepouras – Executive Manager Author: Flora Lepouras – Executive Manager

Summary This purpose of this report is to propose the appointment of delegates to Council Committees and outside committees in order that they continue their functions. Council has various types of Committees and Working Parties in use in order to exercise its functions. The different types and their purpose are also clarified in this report.

This report also recommends that the Dunmore Resource Recovery Redevelopment (R3) Project Control Group be disbanded and removed from the Committees and Working Parties list.

Background Review of Council Advisory Committees, Panels and Working Parties

A review of the currency, Terms of Reference and composition of Council’s Advisory Committees, Panels and Working Parties is undertaken each year prior to reporting to Council in September for the election of Councillor Delegates.

During the review this year it was determined that the Dunmore Resource Recovery Redevelopment (R3) Project Control Group had no outstanding issues and is being recommended to be disbanded. All other Advisory Committees, Panels and Working Parties had no significant changes.

The Dunmore R3 Project Control Group (PCG) was established with a purpose “to provide a focus point for the project, to assist the Project Manager and provide considered advice to the General Manager”. The final element of the R3 project to be complete was the transfer station which reached practical completion in late 2017, with the defects liability period officially ending in December 2018. The last R3 PCG was held in July 2017 with no outstanding actions recorded.

With no outstanding actions associated with the construction of the R3 project and no construction contractor engaged or liable for the defect free performance of the built infrastructure, there is no reason for the PCG to continue.



Election of Delegates to Committees and Working Parties

Council elects delegates to Advisory Committees, other Committees, Panels, Working Parties, and External Committees and Organisations in September of each year.

Council has various types of Committees and Working parties in use in order to exercise its functions. The different types and their purpose are clarified in this report.

According to Clause 240 of the Local Government (General) Regulation 2005, it is the General Manager’s role to prepare the agenda for full Council and Standing Committee meetings.

Council Advisory Committees:

Section 355(b) of the Local Government Act states “A function of a council may, subject to this Chapter, be exercised by a committee of the council…”. Council Committees are then covered under Part 10 (Division 5) of the Local Government (General) Regulation 2005.

Clause 260 of the Regulation states as follows: 1. A council may, by resolution, establish such committees as it considers

necessary. 2. A committee is to consist of the mayor and such other councillors as are

elected by the councillors or appointed by the council.”

These committees established by resolution are considered to be “standing committees”, and can only consist of the Mayor and Councillors. There is no provision for community representatives, Council staff or other parties to be members of these committees.

Clause 267 of the Regulations discusses the chairperson and deputy chairperson of these committees, i.e:

1. The chairperson of each committee of the council must be:a. the mayor, orb. if the mayor does not wish to be the chairperson of a committee – a

member of the committee elected by the council, orc. if the council does not elect such a member – a member of the

committee elected by the committee.

(Clause 267 goes on to discuss the election of a deputy chairperson, and the proceedings in the absence of the chairperson and/or deputy chairperson).

Council currently has no s355 "standing committees".



Council has created other committees in order to assist in undertaking its functions and these are “advisory committees”. These advisory committees include community representative and other parties as its members including staff if Council so wishes. These “advisory committees” do not fall within the definition contained in the Local Government Act or Regulations. Therefore, the Mayor is not automatically the “ex officio” Chairperson of these committees – it is up to the committee members to elect their Chairperson in the first instance. The Terms of Reference of these advisory committees should also include where, when and how often they should meet and this is to be adopted by Council at its September meeting when considering membership of these committees.

Council currently has the following advisory committees: Australia Day Advisory Committee, Disability Access and Inclusion Advisory Committee, Flood Risk Management Advisory Committee, Shellharbour Airport Management Advisory Committee and Shellharbour Aboriginal Advisory Committee.

The Shellharbour Traffic Committee is technically in a category of its own as it is a body which was created under delegation from the then Roads and Traffic Authority in 1988. This traffic authority has delegated certain powers to councils in respect of the provision of traffic control facilities and traffic management measures on public streets. The exercise of such powers is conditional upon the Council forming a “Local Traffic Committee” and seeking its advice/approval before a traffic control facility/traffic management measure is implemented or removed.

It should be noted that Local Traffic Committee, is not a committee formed under Section 355(b) of the Local Government Act, but a committee formed by Council to exercise its delegated powers. This Committee makes recommendations to Council, however, if there is a disagreement of a decision of the Committee by Council, the Regional Traffic Committee has an override power. Its powers are as outlined in the delegation from the Minister for Transport and Roads.

Working Parties: (Established by Council 7 May 1996)

There are often circumstances that arise which require different collaborative approaches to advancing certain issues, policy input and debate solving problems, and obtaining valuable information from a range of various sources. This is why Working Parties were established.

General Purpose:

To provide a close working setting for Council and senior staff officers for advancing certain issues, expression of differing points of view, and problem solving. Additionally to obtain Council input into controversial issues at an early stage to assist in the formation of policy options for Council, and procedural advice for management.



Membership:

May consist of any combination of council, staff and community representatives as determined by the Council in the individual circumstances.

Life:

The term of the Council, or earlier by resolution of the Council. There is an annual review at the September Extraordinary Council Meeting with regard to composition.

Formality:

Working Parties are informal. This means that the Code of Meeting Practice as it relates to Council and Council Committee Meetings does not apply. Therefore there is no need for formal notices, business papers and official minutes. The staff member convening the Working Party will arrange for notes to be taken. The General Manager, Directors or Managers will ascertain from the Working Party meetings if there are issues requiring Council decisions, and the necessary reports will be prepared.

There is no need to elect a chairperson. The Working party is a discussion group – facilitated by a Director/Manager. There are no formal decisions made, rather each member may express their view and decide on a course of action to be considered by the relevant Director/Manager. It is convened by the relevant Director/Manager on an “as needs” basis.

The Director/Manager placing reports to Council is therefore mindful of the thoughts expressed at Working Party meetings. Working Party decisions are not recommendations to the Council, they are merely advice to the Director/Manager who is not obliged to act on those recommendations.

At no time are Working Parties’ recommendations to be regarded as dictating to a Council Officer how to do his/her job (that would be contrary to law and/or Council policy) or what to recommend to Council (that would also be contrary to law).

It should be noted that the Code of Meeting Practice has no relevance to Working Parties.

ATTACHMENT 1 to this report is the list of Committees and Organisations that Council may elect delegates to. Council needs to elect delegates to the committees listed. If Council is of the view that any Council Committees or Working Parties are no longer required it may resolve to dissolve the Committee or Working Party. This only applies to Council Committees and Working Parties.

Also attached under ATTACHMENT 2 are the current appointed councillor delegates.



The Terms of Reference for Council’s Advisory Committees have been reviewed and form a separate report at this meeting seeking endorsement by Council.

All other internal committees, panels and working parties have been reviewed individually and any substantial changes will be reported to Council when and if required as a separate report.


Nil


Nil


Councillors represent the community in their role as delegates to Council Committees, panels, working parties and outside committees and organisations.


Council's various committees and working parties and involvement in external committees and organisations supports the following objectives and strategies of the Community Strategic Plan:

Objective: 1.1 Vibrant, safe, creative and inclusive.

Strategy: 1.1.6 Provide responsive community services and programs across the City.


Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the community providing, strong, innovative and proactive leadership.

Strategy: 4.1.2 Actively engage, consult and inform the community.

Consultations Internal Group Managers

External Nil



Political Donations Disclosure Not applicable.

Recommendation

That:

1. the Dunmore Resource Recovery Redevelopment R3 Project ControlGroup be disbanded and removed from the Committees and WorkingParties 2019-2020 list.

2. Council determine the method of election of delegates to CouncilAdvisory Committees, panels, working parties and outside committeesand organisations.

3. Council appoint delegates to Council Advisory Committees, panels,working parties and outside committees and organisations as detailed inthis report.

4. the Mayor is confirmed as an ex-officio delegate to all Council AdvisoryCommittees and Working Parties.

End Sec ti on



Attachments 1. List of Council Advisory Committees, other Committees, Panels, Working Parties

and External Committees and Organisations – Page 31 2. List of current Councillors on Council Committee and Working Parties and

External Committees and Organisations – Page 61




Attachment 1 - List of Council Advisory Committees, other Committees, Panels, Working Parties and External Committees and Organisations





























































Attachment 2 - List of current Councillors on Council Committee and Working Parties and External Committees and Organisations



6. Committee of the Whole in Closed Session: Adjournment

7. Committee of the Whole: Consideration of Adoption of Decisions Reached in Closed Session

Documents

AGENDA - Shellharbour Council · 9/24/2019 · Christine Matesic – Corporate Meetings Officer. Summary . The purpose of this report to determine Ordinary Council Meeting dates