Agenda of Council Meeting - 26 September 2017

Council Meeting 26 September 2017

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 5 September 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 5 September 2017.

Attachments

1 Minutes of the Ordinary Meeting of Orange City Council held on 5 September 2017

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 5 September 2017

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton (arrived 7.01pm)

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager, Manager Engineering Services, Executive Support Manager.

RESOLVED - 17/401 Cr C Gryllis/Cr R Gander

That Council allow two media outlets to record the Council Meeting.

1.1 APOLOGIES

Nil

1.2 ACKNOWLEDGEMENT OF COUNTRY

1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Nil

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 17/402 Cr S Munro/Cr R Gander

That the Minutes of the Ordinary Meeting of Orange City Council held on 15 August 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 15 August 2017.

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.02PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 7.30PM

4 Notices of Motion/Notices of Rescission

Nil

5 General Reports

5.1 Outstanding Questions Taken on Notice

TRIM Reference: 2017/1881

RESOLVED - 17/411 Cr J Hamling/Cr S Munro

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

5.2 Local Government NSW Annual Conference 2017

TRIM Reference: 2017/1859

RESOLVED - 17/412 Cr K Duffy/Cr R Kidd

1 That Council list as a proposed motion for the 2017 Local Government Annual Conference the item identified in minute 17/154 regarding conflict of interest on planning matters.

2 That Council determine any other proposed motions.

3 That a further report be done to the new Council to determine attendees to the conference.

5.3 2016/17 Financial Statements

TRIM Reference: 2017/1806

RESOLVED - 17/413 Cr R Kidd/Cr K Duffy

1 That Council authorise the Mayor, Chairperson of Finance Policy Committee, General Manager and Responsible Accounting Officer to sign the Statement by Council and Management for the General Purpose and Special Purpose Financial Statements in order for Council’s Auditors to conduct the audit and upon completion of the audit, issue an audit statement in accordance with section 413(2)(c) of the Local Government Act 1993.

2 That Council’s Auditor be invited to present the Audit Report to Council.

5.4 Term in Review 2012-2017

TRIM Reference: 2017/1862

RESOLVED - 17/414 Cr J Hamling/Cr S Munro

That the information provided in the report by the General Manager on the Term in Review be acknowledged.

6 Closed Meeting

Nil

The Meeting Closed at 8.04pm.

This is Page Number 3 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 5 September 2017.

Council Meeting 26 September 2017

5 General Reports

5.1 Oath or Affirmation of Office by Councillors

TRIM REFERENCE: 2017/1813

AUTHOR: Garry Styles, General Manager

EXECUTIVE Summary

Under the Local Government Act 1993, Councillors (including Mayors) are now required to take an oath or affirmation of office. Oaths or affirmations of office must be taken by each Councillor at or before the first meeting of the Council after being elected.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

The requirement to take an oath or affirmation of office is at Section 233A of the Local Government Act 1993.

Recommendation

That each Councillor take the oath or affirmation of office.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

The Office of Local Government issued a circular in relation to the requirement to take an oath or affirmation, which sets out:

· Each council will need to make arrangements for the oath or affirmation to be taken by each councillor at the first meeting of a newly-elected council, or at a newly-elected councillor’s first meeting following a by-election.

· Councillors should be made aware of this requirement prior to the first meeting of a newly-elected council or the newly-elected councillor’s first meeting following a by-election.

· An oath or affirmation should be taken by each councillor as the first item of business for the meeting.

· The general manager must ensure that a record is kept of the taking of the oath or affirmation. This can be done by way of a signed statement containing the oath or affirmation or by recording the taking of the oath or affirmation by each councillor in the minutes of the council meeting.

· If the councillor is unable to attend the first council meeting, he or she may take the oath or affirmation of office at another location in the presence of the general manager.

· The oath or affirmation of office may also be taken before an Australian legal practitioner or a Justice of the Peace.

· The taking of the oath or affirmation outside a council meeting must be publicly recorded by the council.

· Where an oath or affirmation is taken outside a council meeting, a council staff member should also be present to ensure that an accurate record can be kept by the council.

· A councillor who fails, without a reasonable excuse, to take the oath or affirmation of office, will not be entitled to attend council meetings until they do so and will be taken to be absent without leave.

· If a councillor is absent without leave for three consecutive ordinary council meetings their office is automatically declared vacant and a by-election must be held.

Councillor may select the oath or the affirmation. In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. The oath is not required to be sworn on a bible.

The required wording for both the oath and the affirmation is provided below.

Oath

I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of Orange and the Orange City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Affirmation

I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Orange and the Orange City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Council Meeting 26 September 2017

5.2 Election of Deputy Mayor

TRIM REFERENCE: 2017/1812

AUTHOR: Garry Styles, General Manager

EXECUTIVE Summary

The Local Government Act 1993 provides that Council may elect a Councillor to be the Deputy Mayor (section 231). This report is prepared on the basis that Council wishes to elect a Deputy Mayor, and provides a process for this election to take place.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Section 231 of the Local Government Act provides that the term of the Deputy Mayor can be for the mayoral term or a shorter term. This report proposes an annual election of Deputy Mayor however Council could resolve a different term.

Recommendation

1 That Council elect a Deputy Mayor for the 2017/18 period.

2 That the method of voting for the election of Deputy Mayor be ordinary ballot.

3 That the General Manager, acting a Returning Officer, conduct the election for the Deputy Mayor.

further considerations

SUPPORTING INFORMATION

The procedure to be followed for the conduct of the Elections is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2005 which states (in part):

1 The General Manager is the Returning Officer.

2 a) A Councillor may be nominated without notice for election as Deputy Mayor

b) 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

c) The nomination is to be delivered or sent to the Returning Officer

d) The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held.

Nominations can be lodged in a locked ballot box, which is located in the General Manager’s office and will be in the Council Chamber prior to the Meeting. A nomination form has been provided with this report.

At the start of the meeting, the Returning Officer will unlock the box and announce the nominated Councillors for the position of Deputy Mayor. Nominated Councillors will be given the opportunity to decline nomination for position of Deputy Mayor at this time.

The Election count and procedures for nominations, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:

Election

3 (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) “ballot” has its normal meaning of secret ballot

“open voting” means voting by a show of hands or similar means.

Ordinary Ballot or Open Voting

Marking of Ballot Papers

5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count - 2 Candidates

6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

Count - 3 or more candidates

7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Preferential Ballot

Ballot-papers and Voting

9 (1) 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.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10 (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 preference 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 that is more than one-half of the number of unexhausted formal ballot-papers.

In the past, Council has nominated to conduct the election of Deputy Mayor by Ordinary Ballot and therefore that method of voting is recommended.

Choosing by Lot

11 To choose a candidate by lot, the names of 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.

Result

12 The result of the election is:

a) To be declared to the Councillors at the Council Meeting at which the election is held by the Returning Officer; and

b) To be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of Local Government New South Wales.

ORANGE CITY COUNCIL

NOMINATION FOR THE POSITION OF DEPUTY MAYOR

(Under Schedule 7, Local Government (General) Regulation 2005)

We, the undersigned, hereby nominate __________________________________________

for the position of DEPUTY MAYOR for the 2017/18 Term of Office.

** A minimum of two nominators is required**

Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


		Date 2017

I,________________________________________ CONSENT TO MY NOMINATION FOR THE

POSITION OF DEPUTY MAYOR FOR THE 2017/18 TERM OF OFFICE

SIGNED ____________________________ DATE __________________________

Council Meeting 26 September 2017

5.3 Dates for Meetings of Council

TRIM REFERENCE: 2017/1810

AUTHOR: Garry Styles, General Manager

EXECUTIVE Summary

This report seeks to confirm the frequency of Council meetings.

Link To Delivery/OPerational Plan

Financial Implications

Nil

Policy and Governance Implications

Any change to meeting frequency set by the previous Council will require an amendment to the Code of Meeting Practice. Any change to this Code must be placed on public exhibition for 28 days prior to resolution by Council for any change to be put into place.

Recommendation

That Council confirm it will continue to hold meetings in accordance with the Code of Meeting Practice, as follows:

1 An Ordinary Meeting of Council be held on the first Tuesday of the month at 7pm.

2 Ordinary Policy Committees be held on the first Tuesday of each month as part of a Council Meeting to commence at 7pm, to be enacted once the Committee structure is resolved and Committee chairpersons have been elected by Council.

3 A public forum be scheduled, where required, at the commencement of the Council meeting of the first Tuesday of each month.

4 An Ordinary Council Meeting be held on the third Tuesday of each month commencing at 7pm.

5 Councillor briefings be held on the second Tuesday of each month if required, commencing at 6pm.

further considerations

SUPPORTING INFORMATION

Council is required to have in place a Code of Meeting Practice. The Code includes the scheduling details of Council meetings. Determining the frequency of meetings for the new Council is the subject of this report.

The current Code of Meeting Practice identifies Ordinary Meetings of Council are to be held from 7pm on the first and third Tuesdays of each month.

Council can change the meeting frequency and times however any change will require a change to the Code of Meeting Practice. Changes to the Code require a public exhibition process and report back to Council of any comments received prior to the change to the Code being implemented (Local Government Act clauses 360,362 and 363).

This report seeks Council’s determination of the current schedule of meetings as listed in the Code of Meeting Practice is to continue under the new Council.

Council has also identified in the Code of Meeting Practice that it can conduct a public forum, where required, at the commencement of the Ordinary Meeting of Council held on the first Tuesday of the month. Topics discussed must be items in the business paper in order to satisfy the requirement for Council to give proper notice (Local Government Act clause 367, Code of Meeting Practice clause 2.5) of the topics being discussed at its meetings.

The former Council also established Policy Committees each year. All Councillors were members and these Committees were formed to receive reports on specific topic areas and to consider issues and minutes of Community and other committees who consider similarly themed matters.

Reports to the Policy Committees were received at the meetings of the first Tuesday of each month.

A report on the Policy Committee previous structure and the community and other committees that report to the Policy Committees, will be prepared for Council’s consideration on 17 October, following a Councillor Briefing scheduled prior to that meeting to enable the Council to discuss the Policy and Community Committee framework.