Extraordinary Council
Business Paper
date of meeting: |
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Tuesday 25 January 2022 |
location: |
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Council Chambers 17 Burrawan Street Port Macquarie |
time: |
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10:00am |
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
Tuesday, 25 January 2022
Items of Business
Item Subject Page
01 Acknowledgement of Country............................................................................. 1
02 Remote Attendance at Meeting.......................................................................... 1
03 Apologies.......................................................................................................... 1
04 Disclosures of Interest....................................................................................... 2
05 Mayoral Minute - Nil
06 Leadership and Governance........................................................................... 6
06.01..... Notice of Motion - Graffiti..................................................................... 7
07 Your Community Life
Nil
08 Your Business and Industry
Nil
09 Your Natural and Built Environment
Nil
10 Confidential Matters
Nil
AGENDA Extraordinary Council 25/01/2022
Item: 01
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."
Item: 02
Subject: REMOTE ATTENDANCE AT MEETING
RECOMMENDATION
That Council accede to the request of Councillors to attend the meeting by remote means.
Subject: APOLOGIES
RECOMMENDATION
That the apologies received be accepted.
AGENDA Extraordinary Council 25/01/2022
Item: 04
Subject: DISCLOSURES OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF INTEREST DECLARATION
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: |
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
(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.
(a) Your “relative” is any of the following:
i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child
ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child
iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)
(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.
(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
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.
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.
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.
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.] |
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[1]
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Nature of land that is subject to a change in zone/planning control by proposed LEP (the subject land 2 [Tick or cross one box] |
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] |
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.
[1] Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does 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 the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.
2 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
25/01/2022
What we are trying to achieve A community that works together in decision making that is defined as ethically, socially and environmentally responsible. |
We will have: • A community that has the opportunity to be involved in decision making • Open, easy, meaningful, regular and diverse communication between the community and decision makers • Partnerships and collaborative projects, that meet the community’s expectations, needs and challenges • Knowledgeable, skilled and connected community leaders • 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 |
AGENDA Extraordinary Council
25/01/2022
Item: 06.01
Subject: Notice of Motion - Graffiti
Mayor Pinson has given notice of her intention to move the following motion:
That Council:
1. Note the Minutes of the 15 September 2021 Ordinary Council Meeting, Item 10.02 Notice of Motion – INCREASE IN GRAFFITI IN THE LOCAL AREA.
2. Note the cost to community in terms of clean up and reputation due to increasing levels of graffiti and vandalism.
3. Note updated information on Port Macquarie-Hastings Council website for reporting graffiti.
4. Request the Chief Executive Officer make available funds through the existing asset maintenance budgets to fund monetary rewards to reduce the impact of graffiti and vandalism of Council property.
5. Request the Chief Executive Officer develop a policy regarding the management of graffiti and vandalism in the Port Macquarie-Hastings Local Government Area including the offer of a reward of up to the value of $5,000 for information leading to the conviction of perpetrators who deface or damage Council property.
6. Advertise an expression of interest for volunteers to join ‘Graffiti Busters’ to assist Council with removing graffiti within an appropriate timeframe.
7. Request the Chief Executive Officer schedule an urgent meeting with Superintendent District Commander, Mr Shane Cribb, Mayor Peta Pinson, Deputy Mayor Adam Roberts, Councillors and Director of Community, Planning and Environment to discuss increasing vigilance relating to acts of graffiti and vandalism.
8. Request the Chief Executive Officer to apply for grant funding to install CCTV cameras strategically in Town Square and Town Green.
9. Request the Chief Executive Officer to bring back a report to July 2022 Ordinary Council Meeting to report on the progress of the above actions.
10. Write to Port Macquarie-Hastings State and Federal Members, advising of the action taken by Council to improve public safety and amenity.
Comments by Councillor (if provided)
Nil.
Attachments
Nil |