Business
Paper
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date of meeting:
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Thursday 13 January
2022
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location:
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Council Chambers
17 Burrawan Street
Port Macquarie
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time:
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12:00 noon
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Community Vision A sustainable high quality of life for all
Community Mission Building
the future together
People
Place Health Education Technology
Council’s Corporate Values é Sustainability
é Excellence in Service Delivery
é Consultation and Communication
é Openness and Accountability
é Community Advocacy
Community Themes é Leadership and Governance
é Your Community Life
é Your Business and Industry
é Your Natural and Built Environment
Extraordinary Council Meeting
Thursday, 13 January
2022
Items of Business
01 Acknowledgement
of Country............................................................................. 1
02 Remote
Attendance at Meeting.......................................................................... 1
03 Apologies.......................................................................................................... 1
04 Disclosures
of Interest....................................................................................... 2
05 Mayoral
Minute
05.01..... Opening Lake Cathie........................................................................... 6
06 Leadership
and Governance........................................................................... 8
06.01..... Creation of Office of Deputy Mayor....................................................... 9
06.02..... February 2022 Ordinary Council Meeting Date.................................... 13
06.03..... Local Government NSW Special Conference...................................... 15
06.04..... Countback Election............................................................................ 17
07 Your
Community Life
Nil
08 Your
Business and Industry
Nil
09 Your
Natural and Built Environment.............................................................. 21
09.01..... Notice of Motion - Orbital Road........................................................... 22
10 Confidential Matters
Motion to move into
closed session................................................................... 23
10.01..... Notice of Motion - Proposed Road Closure -
Part Pacific Drive, North of Home Street, Port Macquarie
10.02..... EOI-21-05 Flood Recovery Works - Civil
Construction
AGENDA Extraordinary Council 13/01/2022
Subject: ACKNOWLEDGEMENT
OF COUNTRY
"I acknowledge that we are
gathered on Birpai Land. I pay respect to the Birpai Elders both past and
present. I also extend that respect to all other Aboriginal and Torres Strait
Islander people present."
Subject: REMOTE
ATTENDANCE AT MEETING
RECOMMENDATION
That Council accede to the request
of Councillors to attend the meeting by remote means.
RECOMMENDATION
That the apologies received be
accepted.
AGENDA Extraordinary Council 13/01/2022
Subject: DISCLOSURES
OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF
INTEREST DECLARATION
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Name of Meeting:
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Meeting
Date:
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Item
Number:
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Subject:
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I,
the undersigned, hereby declare the following interest:
Pecuniary:
 Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Significant Interest:
Take no part
in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
– Less than Significant Interest:
May participate in
consideration and voting.
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For
the reason that:
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Name:
Signed:
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Date:
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Please submit to the
Governance Support Officer at the Council Meeting.
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(Refer
to next page and the Code of Conduct)
Pecuniary Interest
4.1
A pecuniary interest is an interest
that you have in a matter because of a reasonable likelihood or expectation of
appreciable financial gain or loss to you or a person referred to in clause
4.3.
4.2
You will not have a pecuniary
interest in a matter if the interest is so remote or insignificant that it
could not reasonably be regarded as likely to influence any decision you might
make in relation to the matter, or if the interest is of a kind specified in
clause 4.6.
4.3
For the purposes of this Part, you
will have a pecuniary interest in a matter if the pecuniary interest is:
(a)
your interest, or
(b)
the interest of your spouse or de
facto partner, your relative, or your partner or employer, or
(c)
a company or other body of which
you, or your nominee, partner or employer, is a shareholder or member.
4.4
For the purposes of clause 4.3:
(a)
Your “relative” is any
of the following:
(b)
“de facto partner” has
the same meaning as defined in section 21C of the Interpretation Act 1987.
4.5
You will not have a pecuniary
interest in relation to a person referred to in subclauses 4.3(b) or (c)
(a)
if you are unaware of the relevant
pecuniary interest of your spouse, de facto partner, relative, partner,
employer or company or other body, or
(b)
just because the person is a member
of, or is employed by, a council or a statutory body, or is employed by the
Crown, or
(c)
just because the person is a member
of, or a delegate of a council to, a company or other body that has a pecuniary
interest in the matter, so long as the person has no beneficial interest in any
shares of the company or body.
Non-Pecuniary
5.1
Non-pecuniary interests are private
or personal interests a council official has that do not amount to a pecuniary
interest as defined in clause 4.1 of this code. These commonly arise out of
family or personal relationships, or out of involvement in sporting, social,
religious or other cultural groups and associations, and may include an
interest of a financial nature.
5.2
A non-pecuniary conflict of interest
exists where a reasonable and informed person would perceive that you could be
influenced by a private interest when carrying out your official functions in
relation to a matter.
5.3
The personal or political views of
a council official do not constitute a private interest for the purposes of
clause 5.2.
5.4
Non-pecuniary conflicts of interest
must be identified and appropriately managed to uphold community confidence in
the probity of council decision-making. The onus is on you to identify any
non-pecuniary conflict of interest you may have in matters that you deal with,
to disclose the interest fully and in writing, and to take appropriate action
to manage the conflict in accordance with this code.
5.5
When considering whether or not you
have a non-pecuniary conflict of interest in a matter you are dealing with, it
is always important to think about how others would view your situation.
Managing non-pecuniary conflicts of interest
5.6
Where you have a non-pecuniary
conflict of interest in a matter for the purposes of clause 5.2, you must
disclose the relevant private interest you have in relation to the matter fully
and in writing as soon as practicable after becoming aware of the non-pecuniary
conflict of interest and on each occasion on which the non-pecuniary conflict
of interest arises in relation to the matter. In the case of members of council
staff other than the Chief Executive Officer, such a disclosure is to be made
to the staff member’s manager. In the case of the Chief Executive Officer,
such a disclosure is to be made to the mayor.
5.7
If a disclosure is made at a
council or committee meeting, both the disclosure and the nature of the
interest must be recorded in the minutes on each occasion on which the
non-pecuniary conflict of interest arises. This disclosure constitutes
disclosure in writing for the purposes of clause 5.6.
5.8
How you manage a non-pecuniary
conflict of interest will depend on whether or not it is significant.
5.9
As a general rule, a non-pecuniary
conflict of interest will be significant where it does not involve a pecuniary
interest for the purposes of clause 4.1, but it involves:
a)
a relationship between a council
official and another person who is affected by a decision or a matter under
consideration that is particularly close, such as a current or former spouse or
de facto partner, a relative for the purposes of clause 4.4 or another person
from the council official’s extended family that the council official has
a close personal relationship with, or another person living in the same household
b)
other relationships with persons
who are affected by a decision or a matter under consideration that are
particularly close, such as friendships and business relationships. Closeness
is defined by the nature of the friendship or business relationship, the
frequency of contact and the duration of the friendship or relationship.
c)
an affiliation between the council
official and an organisation (such as a sporting body, club, religious,
cultural or charitable organisation, corporation or association) that is
affected by a decision or a matter under consideration that is particularly
strong. The strength of a council official’s affiliation with an
organisation is to be determined by the extent to which they actively
participate in the management, administration or other activities of the
organisation.
d)
membership, as the council’s
representative, of the board or management committee of an organisation that is
affected by a decision or a matter under consideration, in circumstances where
the interests of the council and the organisation are potentially in conflict
in relation to the particular matter
e)
a financial interest (other than an
interest of a type referred to in clause 4.6) that is not a pecuniary interest
for the purposes of clause 4.1
f)
the conferral or loss of a personal
benefit other than one conferred or lost as a member of the community or a
broader class of people affected by a decision.
5.10
Significant non-pecuniary conflicts
of interest must be managed in one of two ways:
a)
by not participating in consideration
of, or decision making in relation to, the matter in which you have the
significant non-pecuniary conflict of interest and the matter being allocated
to another person for consideration or determination, or
b)
if the significant non-pecuniary
conflict of interest arises in relation to a matter under consideration at a
council or committee meeting, by managing the conflict of interest as if you
had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.
5.11
If you determine that you have a
non-pecuniary conflict of interest in a matter that is not significant and does
not require further action, when disclosing the interest you must also explain
in writing why you consider that the non-pecuniary conflict of interest is not
significant and does not require further action in the circumstances.
5.12
If you are a member of staff of
council other than the Chief Executive Officer, the decision on which option
should be taken to manage a non-pecuniary conflict of interest must be made in
consultation with and at the direction of your manager. In the case of the Chief
Executive Officer, the decision on which option should be taken to manage a
non-pecuniary conflict of interest must be made in consultation with and at the
direction of the mayor.
5.13
Despite clause 5.10(b), a
councillor who has a significant non-pecuniary conflict of interest in a
matter, may participate in a decision to delegate consideration of the matter
in question to another body or person.
5.14 Council committee members are not required to declare
and manage a non-pecuniary conflict of interest in accordance with the
requirements of this Part where it arises from an interest they have as a
person chosen to represent the community, or as a member of a non-profit
organisation or other community or special interest group, if they have been
appointed to represent the organisation or group on the council committee.
SPECIAL
DISCLOSURE OF PECUNIARY INTEREST DECLARATION
This
form must be completed using block letters or typed.
If
there is insufficient space for all the information you are required to
disclose,
you
must attach an appendix which is to be properly identified and signed by you.
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By
[insert full name of councillor]
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In the
matter of
[insert name of environmental planning instrument]
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Which is
to be considered at a meeting of the
[insert name of meeting]
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Held on
[insert date of meeting]
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PECUNIARY
INTEREST
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Address of
the affected principal place of residence of the councillor or an associated
person, company or body (the identified land)
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Relationship
of identified land to councillor
[Tick or cross one box.]
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The councillor has interest in the land (e.g. is owner or has other
interest arising out of a mortgage, lease, trust, option or contract, or
otherwise).
An associated person of the councillor has an interest in the land.
An associated company or body of the councillor has interest in the land.
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MATTER
GIVING RISE TO PECUNIARY INTEREST
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Nature of
land that is subject to a change
in
zone/planning control by proposed
LEP (the
subject land
[Tick or cross one box]
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The identified land.
Land that adjoins or is adjacent to or is in proximity to the identified
land.
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Current
zone/planning control
[Insert name of current planning instrument and
identify relevant zone/planning control applying to the subject land]
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Proposed
change of zone/planning control
[Insert name of proposed LEP and identify proposed
change of zone/planning control applying to the subject land]
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Effect of
proposed change of zone/planning control on councillor or associated person
[Tick or cross one box]
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Appreciable financial gain.
Appreciable financial loss.
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[If more than one pecuniary interest is to be
declared, reprint the above box and fill in for each additional interest]
Councillor’s Signature:
……………………………….
Date: ………………..
This form is to be retained
by the council’s Chief Executive Officer and included in full in the
minutes of the meeting
Last Updated: 3 June 2019
Important Information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under clause 4.36(c) of the
Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).
The special disclosure must relate only to a pecuniary
interest that a councillor has in the councillor’s principal place of
residence, or an interest another person (whose interests are relevant under
clause 4.3 of the Model Code of Conduct) has in that person’s principal
place of residence.
Clause 4.3 of the Model Code of Conduct states that you
will have a pecuniary interest in a matter because of the pecuniary interest of
your spouse or your de facto partner or your relative or because your business
partner or employer has a pecuniary interest. You will also have a pecuniary
interest in a matter because you, your nominee, your business partner or your
employer is a member of a company or other body that has a pecuniary interest
in the matter.
“Relative” is defined by clause 4.4 of the Model
Code of Conduct as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
You
must not make a special disclosure that you know or ought reasonably to know is
false or misleading in a material particular. Complaints about breaches
of these requirements are to be referred to the Office of Local Government and
may result in disciplinary action by the Chief Executive of the Office of Local
Government or the NSW Civil and Administrative Tribunal.
This form must be completed by you before the commencement
of the council or council committee meeting at which the special disclosure is
being made. The completed form must be tabled at the meeting. Everyone is
entitled to inspect it. The special disclosure must be recorded in the minutes
of the meeting.
A pecuniary interest may arise by way of a change of
permissible use of land adjoining, adjacent to or in proximity to land in which
a councillor or a person, company or body referred to in clause 4.3 of the
Model Code of Conduct has a proprietary interest
AGENDA Extraordinary Council 13/01/2022
Item: 05.01
Subject: MAyORAL Minute - Opening Lake Cathie
Mayor, Peta
Pinson
RECOMMENDATION
That Council:
1. Undertake
an urgent review of the adopted Lake Cathie Opening Strategy triggers to reduce
the high level trigger from 1.6m to 1.4m to mitigate flood impacts on Council
infrastructure.
2. Continue
to pursue the option to dredge the lake for recreational purposes and for beach
nourishment.
3. Urgently
seek the appropriate approvals to affect a traditional opening of the lake, if
closed and/or water quality has been determined to be a risk to public health
and marine life, in December annually.
4. Request
the Chief Executive Officer to host a meeting of the key Government
agencies/officers involved in the management of the Lake Cathie system and
Councillors to discuss the future management of the lake.
5. Request
the Chief Executive Officer to provide a monthly update report to Council on
the progress of Items 1 to 4 above.
Discussion
The Lake Cathie Opening Strategy was developed in 1995. The
Strategy was updated and reviewed in 2001, 2004/05 and 2011. Work is
progressing on the development of the Coastal Management Program (CMP) for Lake
Cathie/Lake Innes and Bonny Hills Estuary and Coastline with projects currently
underway including:
· Hydrodynamic model update for Lake Cathie/Lake Innes
commencing January 2022;
· Illaroo Coastal Hazard protection review and co-design -
commenced with community engagement scheduled to commence early February 2022;
· Coastal recreational needs user analysis due to commence
March 2022.
In addition, a significant portion of work has been
undertaken in relation to bushfire recovery and impacts on the lake system
particularly in relation to current situation and future impact on the acid
sulphate potential of the system. Bathometric survey of the system has been
undertaken in preparation for the hydrometric model, Coastsnap station
monitoring continues and quarterly drone surveys of the erosion conditions of
Lighthouse Beach from Middle Rock to 4WD access north of Lake Cathie are being
carried out.
Lake Cathie lagoon is a much
loved community asset and has been the subject of significant debate and
studies for decades. The opening of Lake Cathie and water quality in
particular, is an issue that continues to be important to the community and one
which has been consistently been raised and that continues to cause angst
amongst the community and for Council in finding a solution to the issue of the
quality of water in the lake and one which Council continues to struggle to be
able to deliver a solution to.
The community is very
frustrated by the perceived lack of action by both Council and the other
government stakeholders responsible for the lake system and while I acknowledge
that the system and the environment are very complex the community is demanding
something be done now.
Our community has been very
patient and has experienced a lot over the past few years with drought, fires,
floods and a pandemic. Lake Cathie is the heart of the Lake Cathie
community and a key tourist attraction for the area. The closed lake
system and declining water quality is detracting from this area and the
community and visitors’ enjoyment of this area, particularly during the
popular Christmas holiday period and this is having an economic impact on our
community at a time when they need our support.
While the work continues on the
CMP and in order to respond to the community’s desire to seek the lake
open and water quality improved, particularly in time for the busy Christmas
holiday period, it is essential that Council take action now to ensure an
opening can be undertaken before the 2022 Christmas holiday period.
AGENDA Extraordinary
Council
13/01/2022
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What we are trying to achieve
A community that works
together in decision making that is defined as ethically, socially and
environmentally responsible.
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What the result will be
We will have:
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A
community that has the opportunity to be involved in decision making
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Open,
easy, meaningful, regular and diverse communication between the community and
decision makers
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Partnerships
and collaborative projects, that meet the community’s expectations,
needs and challenges
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Knowledgeable,
skilled and connected community leaders
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Strong
corporate management that is transparent
How we will get there
1.1
Inform
and engage with the community about what Council does using varied
communication channels
1.2
Maintain
strong partnerships between all stakeholders - local, state and federal
— so that they are affective advocates for the community
1.3
Demonstrate
leadership
1.4
Use
innovative, efficient and sustainable practices
1.5
Ensure
strong corporate and financial management that is transparent and accountable
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AGENDA Extraordinary Council
13/01/2022
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Item: 06.01
Subject: Creation of Office of Deputy Mayor
Presented
by: Chief Executive Officer, Dr Clare Allen
Alignment with Delivery Program
1.3.1 Provide effective leadership and equity.
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RECOMMENDATION
That Council:
1. Create
the Office of Deputy Mayor.
2. Determine
the term of the Office of Deputy Mayor to be the Mayoral term or a shorter
term.
3. Elect
the Deputy Mayor by way of preferential ballot, ordinary ballot or open
voting, if more than one nomination for Deputy Mayor is received.
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Executive Summary
Council can determine to create
the Office of Deputy Mayor, under Section 231 of the Local Government Act
1993, for a period coinciding with the Mayoral term or a shorter period.
On the assumption that Councillors
will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy
Mayor has been prepared and is provided with this report.
Discussion
Council can determine to create
the Office of Deputy Mayor for a period coinciding with the Mayoral term or a
shorter period.
Section 231 of the Local
Government Act 1993 (“the Act”), provides the following:
231 (1) The
Councillors may elect a person from among their number to be the Deputy Mayor.
(2) The
person may be elected for the Mayoral term or a shorter term.
(3) The
Deputy Mayor may exercise any functions of the Mayor at the request of the
Mayor, or if the Mayor is prevented by illness, absence or otherwise from
exercising the function or if there is a casual vacancy in the office of Mayor.
(4) The
Councillors may elect a person from among their number to act as Deputy Mayor
if the Deputy Mayor is prevented by illness, absence or otherwise from
exercising a function under this Section, or if no Deputy Mayor has been
elected.
On the assumption that Councillors
will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy
Mayor has been prepared and is provided as Attachment 1 to this report.
Nomination papers may be delivered
or sent to the Chief Executive Officer either prior to or at the Council
Meeting. Additionally, Council will also be required to determine the term of
the Office of Deputy Mayor.
Should there be only one (1)
Councillor nominated for the Office of Deputy Mayor, in accordance with
Schedule 7 Section 3(1) of the Local Government (General) Regulation 2005 that
Councillor is elected as Deputy Mayor and no vote is required.
Should there be more than one (1)
Councillor nominated for the Office of Deputy Mayor, Council is to determine
whether the election is to be by preferential ballot, by ordinary ballot or by
open voting.
Election Methods
Preferential Ballot
This method utilises ballot-papers.
Councillors are to mark their votes by placing the numbers “1”,
“2” and so on against the candidate names so as to indicate the
order of their preference for all the candidates.
If a candidate has an absolute
majority of first preference votes, that candidate is elected.
If an absolute majority is not
achieved, 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.
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, whom is then elected.
If, on any count of votes, there
are two candidates in, or remaining in, the election and the numbers of votes
cast for the two 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.
If, on any count of votes, there
are three or more candidates in, or remaining in, the election and the numbers
of votes cast for two 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.
Ordinary Ballot
This method utilises
ballot-papers. The Returning Officer decides the manner in which votes are to
be marked on the ballot-papers.
If there are only two candidates,
the candidate with the higher number of votes is elected. If there are only two
candidates and they are tied, the one elected is to be chosen by lot.
If there are three or more
candidates, a vote is taken, the candidate with the lowest number of votes is
excluded. If three or more candidates still remain further votes are taken with
the candidate receiving the lowest number of votes being excluded until two
candidates remain.
A further vote is taken of the two
remaining candidates, the candidate with the higher number of votes is elected.
If there are only two candidates and they are tied, the one elected is to be
chosen by lot.
If at any stage during a count two
or more candidates are tied on the lowest number of votes, the one excluded is
to be chosen by lot.
Open Voting
This method utilises a show of
hands. The election procedure is the same as for the ordinary ballot method.
Definitions
Absolute majority: In relation to votes, means a
number that is more than one-half of the number of unexhausted formal
ballot-papers.
Ballot: In
the context of this type of election has the meaning of a secret ballot.
Chosen by lot: If
two candidates are tied (having equal numbers of votes) their names are written
on similar slips of paper by the Returning Officer, the slips are folded by the
Returning Officer so as to prevent the candidate 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.
Timing of Election
The election for Office of Deputy
Mayor is to take place at the Council Meeting at which the Council determines
the method of voting.
Options
Council can determine to create, or not create the Office of
Deputy Mayor for a term equal to the Mayoral term or a shorter term.
Community Engagement and Internal Consultation
Community
Engagement
There has been no external
community engagement required for the subject of this report.
Internal Consultation
· Chief
Executive Officer.
· Group
Manager Governance.
Planning and Policy Implications
There are no planning or policy implications as a result of
this report.
Financial and Economic Implications
There are no financial or economic implications as a result
of this report.
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Attachments
1. Deputy
Mayor Nomination Paper
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AGENDA Extraordinary Council
13/01/2022
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Item: 06.02
Subject: February 2022 Ordinary Council Meeting Date
Presented
by: Chief Executive Officer, Dr Clare Allen
Alignment with Delivery Program
1.3.1 Provide effective leadership and equity.
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RECOMMENDATION
That Council:
1. Conducts
the February 2022 Ordinary Council meeting at 5.30pm Wednesday 16 February
2022.
2. Determine
the times and dates of the remainder of Ordinary Council meetings for 2022 at
the February 2022 Ordinary Council meeting.
Executive
Summary
In accordance with clause 3.2 of Council’s Code of
Meeting Practice, Council is required to set the frequency, time, date and
place of its ordinary meetings.
A date for the February 2022 meeting was not previously
determined to allow the availability of the new Council to be considered when
setting this date.
Council must now determine the date and time of the February
2022 Ordinary Council meeting.
Discussion
Traditionally, Council has conducted Ordinary Council
meetings on the third Wednesday of each month at 5.30pm, except January where
no meeting has been held.
To allow the newly elected Council to determine the most
appropriate date and time for Council to meet, a date for the February 2022
Ordinary Council meeting was not previously determined by Council. Accordingly,
Council must determine a suitable date and time for the February 2022 Ordinary
meeting.
Options
Council may conduct the February 2022 Ordinary Council
meeting at the recommended date and time or at some other date or time in
February.
Community Engagement and
Internal Consultation
Nil.
Planning and Policy
Implications
There are no planning and
policy implications in relation to this report.
Financial and Economic
Implications
There are no financial and
economic implications in relation to this report.
AGENDA Extraordinary Council
13/01/2022
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Item: 06.03
Subject: Local Government NSW Special Conference
Presented
by: Chief Executive Officer, Dr Clare Allen
Alignment with Delivery Program
1.3.1 Provide effective leadership and equity.
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RECOMMENDATION
That Council:
1. Determine
attendees for the Special Conference to be held between 28 February 2022 and 2
March 2022.
2. Determine
voting delegates for the Special Conference to be held between 28 February 2022
and 2 March 2022.
3. Note
that the Chief Executive Officer will also attend the Conference.
Executive
Summary
Local Government NSW postponed its in-person annual conference
(now called ‘Special Conference’) from November 2021 due to the
COVID-19 conditions at that time. An online Annual Conference was held on 29
November 2021 at which time the Financial Statements and the Annual Report were
presented.
A Special Conference will be conducted from 28 February 2022
to 2 March 2022 at the Hyatt Regency, Sydney. The program for this event is
attached as Attachment 1.
Council is entitled to four (4) voting delegates at the Conference. It is
recommended that Council determine the attendees and voting delegates for this
conference.
As in past years, it is also proposed that the Chief
Executive Officer will also attend the Conference.
Discussion
The Local Government NSW (LGNSW) Annual Conference is the
signature event of the year for all NSW Councils and provides a forum in which
to debate important issues pertinent to our local communities. It also
provides the opportunity to hear from State and Federal Government leaders,
business representatives, community groups and academics. Unfortunately, due to
the COVID-19 situation in NSW in November 2021, LGNSW postponed the 2021 event
until 2022.
Voting Delegate Entitlements
Local Government NSW has confirmed that, as in previous
years, Council will be entitled to four (4) voting delegates at the
Conference. It is proposed that Council determine four voting delegates
for attendance at the conference. It is noted that Council could send more than
four delegates to the conference however only the four nominated voting delegates
will be able to vote on motions at the conference.
Options
Council could determine not to determine delegates, or
choose to select more or less delegates to the Annual Conference, noting that
the number of voting delegates is fixed at four (4) should more than four
Councillors wish to participate.
Community Engagement and
Internal Consultation
Nil
Planning and Policy
Implications
There are no planning and
policy implications in relation to this report.
Financial and Economic
Implications
Funding is available in the
Governance budget for attendance at this conference. Cost per attendee is
$1,094.50 plus travel, accommodation and expenses.
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Attachments
1. Local
Government NSW Special Conference Program
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AGENDA Extraordinary Council
13/01/2022
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Item: 06.04
Subject: Countback Election
Presented
by: Chief Executive Officer, Dr Clare Allen
Alignment with Delivery Program
1.3.3 Ensure there is appropriate management of risk to
mitigate impact for Council and the community.
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RECOMMENDATION
That Council make the following declaration:
Pursuant to section 291A(1)(b) of the Local
Government Act 1993 (the Act) Port Macquarie-Hastings Council declares that
casual vacancies occurring in the office of a Councillor within 18 months after
the last ordinary election of Councillors for the Council on 4 December 2021
are to be filled by a countback of votes cast at that election for the office
in accordance with section 291A of the Act and directs the Chief Executive
Officer to notify the NSW Electoral Commission of the Council’s decision
within 7 days of the decision.
Executive
Summary
Councils must, by resolution, declare that casual vacancies
occurring in the office of a councillor within 18 months of the election are to
be filled by a countback of votes cast at the election if councils want to fill
vacancies by these means. Councils that do not resolve to fill vacancies
using a countback at their first meeting after the election will be required to
fill vacancies using a by-election (section 291A of the Act).
Discussion
Following the 2021 local government elections, councils
will, for the first time, have the option of using a countback of votes cast at
the last ordinary election to fill casual vacancies occurring in the offices of
councillors in the first 18 months after the election.
This will allow councils to use a countback to fill
vacancies at a lower cost than the cost of holding a by-election.
To exercise the option of using a countback to fill casual
vacancies occurring in the first 18 months following the election, councils
must resolve, at their first meeting after the election, to use a countback to
fill casual vacancies. If councils do not resolve this at the first meeting
after the election, they will be required to fill casual vacancies through a
by-election.
Where councils resolve to fill casual vacancies using a
countback in the first 18 months of their terms, the Chief Executive Officer is
required under the Local Government (General) Regulation 2021 (the
Regulation) to notify the election manager of the council’s ordinary
election of the council’s resolution within 7 days of the resolution. The
Office of Local Government (OLG) have provided the wording for this resolution.
This option is in accordance with Sec 291A of the Act, which
provides:
291A Countback to be held instead of by-election in
certain circumstances
(1) This
section applies to a casual vacancy in the office of a councillor if--
a. the
casual vacancy occurs within 18 months after the date of the last ordinary
election of the councillors for the area, and
b. the
council has at its first meeting following that ordinary election of councillors,
by resolution, declared that any such casual vacancy is to be filled by a
countback of votes cast at the last election for that office.
(2) This
section does not apply to a casual vacancy in the office of a councillor if the
councillor who vacated office was elected--
a. in
an election using the optional preferential voting system (including the
election of a mayor elected by the electors of an area), or
b. in
an election without a poll being required to be held.
(3) A
casual vacancy to which this section applies is to be filled by a countback
election conducted in accordance with the regulations.
(4) A
countback election to fill a casual vacancy to which this section applies must
be conducted-
a. by
the returning officer who conducted the election at which the person whose
departure created the casual vacancy was elected, or
b. if
that is not possible, by the substitute returning officer at that election, or
c. (Repealed)
(5) If
a countback election fails or the returning officer is otherwise unable to fill
the casual vacancy by a countback election--
a. the
returning officer must notify the general manager of the council concerned, and
b. a
by-election in accordance with this Part must be held to fill the casual vacancy.
(6) This
section does not apply to a casual vacancy in the office of a councillor if the
vacancy occurs before the day prescribed for the purposes of this section by
the regulations.
Countback Election Process
A countback election is used to elect a councillor to fill a
single vacancy, where the vacating councillor was elected under the
proportional representation method (i.e. where two or more candidates were
elected at a local government ordinary election). If there are multiple
vacancies, a separate countback election is held for each vacancy.
The returning officer contacts all unelected candidates from
the local government ordinary election who may still qualify to be elected to
the office of councillor. Where the candidate is interested, they must submit a
formal application to the returning officer. All candidates who submit and do
not withdraw their application, become eligible candidates.
The timeline for a countback election is:
· The
Electoral Commissioner is notified of a casual vacancy, within seven days of it
occurring.
· A returning
officer is appointed within 14 days of the notification of the vacancy.
· Casual
vacancy notices are issued 2 to 14 days from the appointment of the returning
officer.
· Where a
candidate is interested, they must submit a formal application to the returning
officer. The application period closes after 10 days of the notices being
issued.
· The
countback is conducted within 14 days of the vacancy notices being issued.
· It may take
up to a month for the results to be declared.
A countback election must be completed within 49 days, and
applications for candidates to participate is open for 10 days.
If there are no eligible candidates, an attendance
by-election must be held. If there is only one eligible candidate, that
candidate is elected. If there are multiple eligible candidates, a countback
election is conducted. In a countback election, the returning officer:
· uses
preference data from ballot papers from the previous local government ordinary
election
· uses the
same proportional representation method used in the original election
· effectively
re-runs the election making the vacating councillor ineligible and distributing
each of their ballot papers to the next preference on the ballot paper
· if a
non-eligible candidate would be elected, the election is re-run with that
candidate’s ballot papers also distributed to their next preference on
the ballot paper
· re-runs the
countback until an eligible candidate is elected.
Eligible candidates and the council are then notified of the
result. At a countback election, a sitting councillor cannot be unelected, and
non-eligible candidates cannot be elected
Countbacks are not available to fill casual vacancies in the
office of a councillor where:
· the
councillor who vacated office was elected at an election using the optional
preferential voting system (i.e. elections where only one civic office is
required to be filled such as the election of popularly elected mayors), or
· the
councillor was elected at an uncontested election.
A by-election must be used to fill these vacancies.
Options
Council has two options to
fill casual vacancies occurring in the office of a councillor within 18 months
of the election:
1. Declare
that casual vacancies occurring in the office of a councillor within 18 months
of the last ordinary election of Council are to be filled by a countback of
votes cast at that election; or
2. Make
no declaration, which results in the requirement for a by-election to fill any
vacancies occurring in the office of a councillor within 18 months of the
election.
Community Engagement and
Internal Consultation
External consultation has been undertaken with:
- The
Office of Local Government
- Local
Government NSW - Governance Network
Planning and Policy
Implications
There are no planning and
policy implications in relation to this report.
Financial and Economic
Implications
If Council
resolve to implement the countback option the cost is significantly lower than
holding a by-election as it will require very few staff and does not require
the leasing of venues. If Council does not resolve to implement the countback
option and there is a casual vacancy in the first 18 months, a by-election will
need to be held. Elections costs to Council in the past three elections
include $446,731 in the 2016 Local Government elections, $327,901 for the
Mayoral by-election in 2017, and the 2021 Local Government elections will cost
approximately $600,000. It is expected that any by-election as a result of not
utilising a countback election could cost in the vicinity of $500,000.
AGENDA Extraordinary Council
13/01/2022
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What we are trying to achieve
A connected, sustainable,
accessible community and environment that is protected now and into the
future.
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What
the result will be
We will have:
•
Effective
management and maintenance of essential water, waste and sewer infrastructure
•
A
community that is prepared for natural events and climate change
•
Sustainable
and environmentally sensitive development outcomes that consider the impact on
the natural environment
•
Accessible
transport network for our communities
•
Infrastructure
provision and maintenance that meets community expectations and needs
•
Well
planned communities that are linked to encourage and manage growth
•
Accessible
and protected waterways, foreshores, beaches and bushlands
•
An
environment that is protected and conserved for future generations
•
Renewable
energy options that are understood and accessible by the community
How
we will get there
4.1 Provide
(appropriate) infrastructure and services including water cycle management,
waste management, and sewer management
4.2 Aim
to minimise the impact of natural events and climate change, for example, floods,
bushfires and coastal erosion
4.3 Facilitate
development that is compatible with the natural and built environment
4.4 Plan
for integrated transport systems that help people get around and link our
communities
4.5 Plan
for integrated and connected communities across the Port Macquarie-Hastings
area
4.6 Restore
and protect natural areas
4.7 Provide
leadership in the development of renewable energy opportunities
4.8 Increase
awareness of issues affecting our environment, including the preservation of
flora and fauna
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AGENDA Extraordinary Council
13/01/2022
Item: 09.01
Subject: Notice of Motion - Orbital Road
Mayor Pinson has given notice of
her intention to move the following motion:
RECOMMENDATION
That Council discontinue any investigations, planning,
funding for new roads / links within the below shown Orbital Road Corridor.
Comments by Councillor (if
provided)
AGENDA Extraordinary Council 13/01/2022
Subject: CONFIDENTIAL SESSION
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RECOMMENDATION
1.
That Council move into Confidential Session to receive and
consider the following items:
Item
10.01 Notice of Motion - Proposed Road Closure -
Part Pacific Drive, North of Home Street, Port Macquarie
This item is considered
confidential under Section 10A(2)(e) of the Local Government Act 1993, as it
contains information that would, if disclosed, prejudice the maintenance of
law.
Item
10.02 EOI-21-05 Flood Recovery Works - Civil
Construction
This item is considered
confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as
it contains commercial information of a confidential nature that would, if
disclosed, prejudice the commercial position of the person who supplied it.
2. That
pursuant to Section 10A subsections 2 & 3 and 10B of the Local Government
Act 1993 (as amended), the press and public be excluded from the proceedings
of the Confidential Session of Council on the basis that the items to be
considered are of a confidential nature.
3. That
the resolutions made by Council in Confidential Session be made public as
soon as practicable after the conclusion of the Confidential Session and such
resolutions be recorded in the Minutes of the Council Meeting.
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