Agenda of Extraordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Election of Deputy Mayor 2016-2017

Directorate: Corporate and Community Services

Report Author: David Royston-Jennings, Corporate Governance and Strategic Planning Officer

File No: I2016/973

Theme: Corporate Management

Councillor Services

Summary:

In accordance with Section 231 of the Local Government Act 1993:

(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 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.

(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.

Normal practice for Byron Shire is to elect their Deputy Mayor for a period of 12 months at the first meeting in September each year.

RECOMMENDATION:

1. That Council elect a Deputy Mayor for the period from 29 September 2016 until the first meeting of Council in September 2017.

2. That the method of election of the Deputy Mayor be by way of ordinary ballot.

Attachments:

1 Nomination form for the position of Deputy Mayor Extraordinary Meeting 29 September 2016, E2016/80268 , page 8

Report

In accordance with Section 231 of the Local Government Act 1993, a council may elect a Deputy Mayor to assist the Mayor in the performance of their duties.

Section 231 (3) states that:

Term of the Deputy Mayor

Section 231 (2) of the Local Government Act states: “The person may be elected for the mayoral term or a shorter term” such as:

1. For a period of 12 months

2. For the period of the Mayoral Term

3. For another period determined by Council

Returning Officer

Schedule 7(1) of the Local Government (General) Regulation 2005 states that the “General Manager (or a person appointed by the General Manager) is the Returning Officer.”

Nomination

Schedule 7(2) of the Local Government (General) Regulation 2005 states that:

(1) A councillor may be nominated without notice for election as mayor or deputy mayor.

(2) The nomination is to be made in writing by 2 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.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

Nomination forms have been provided as an attachment to this business paper. Any completed nomination forms should be handed to the General Manager prior to the commencement of the Council meeting.

Election

Schedule 7(3) of the Local Government (General) Regulation 2005 states:

(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.

(4) The election is to be held at the Council meeting at which the Council resolves 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.

Traditionally this Council has determined that the election for Deputy Mayor should be by ordinary ballot. The following additional information is provided in respect to an election by preferential ballot and by ordinary ballot.

Preferential ballot – as per its normal interpretation, the ballot papers are to contain the names of all candidates and Councillors mark their votes 1, 2, 3 and so on against the various names, so as to indicate their order of preference for all of the candidates.

Ordinary ballot – this is the usual method adopted in New South Wales. Ballots are secret with only one candidate’s name written on a ballot paper.

Where there are two candidates, the person with the most votes is elected. If the ballots for the two candidates are tied, the one to be elected is to be chosen by lots, with the first name out being declared elected.

Where there are three or more candidates, the person with the lowest number of votes is eliminated and the process started again until there are only two candidates. The determination of the election would then proceed as if the two were the only candidates. In the case of three or more candidates where a tie occurs, the one to be excluded will be chosen by lot.

Choosing by Lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen, on the basis detailed above.

Financial Implications

On 12 June 2014, Council resolved (14-304) in part 3: "That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor."

Section 249(5) of the Local Government Act 1993 states:

(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

Therefore the Deputy Mayor when acting in the role of Mayor, in instances where the Mayor has leave of absence endorsed by Council, would be paid a fee calculated on a pro-rata basis of the annual Mayoral allowance, which would be deducted from the amount of the monthly Mayoral allowance paid to the Mayor, in accordance with Section 249 of the Local Government Act 1993.

Statutory and Policy Compliance Implications

The Deputy Mayor will undertake the Mayor’s role at the request of the Mayor and in situations where the Mayor is prevented by illness, absence or other reasons from exercising the functions of the position. The role of the Mayor is defined by Section 226 of the Local Government Act 1993.

Section 226 states that:

The role of the mayor is:

• to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council

• to exercise such other functions of the council as the council determines

• to preside at meetings of the council

• to carry out the civic and ceremonial functions of the mayoral office.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Determination of Councillor Representatives on Advisory Committees and Panels

Directorate: Corporate and Community Services

Report Author: Mila Jones, Corporate Governance Coordinator

File No: I2016/925

Theme: Corporate Management

Governance Services

Summary:

This report has been prepared to provide Council with a recommended structure for Advisory Committees and Panels. The recommended structure has been developed following a review during the term of the 2012-16 Council of the Committee structure and operations.

The report also enables the appointment of the Councillor members to the listed Advisory Committee and Panel should Council agree to the recommended structure.

Should this be the cases then the report recommends that all current external members be retained until Council appoints new members following an expression of interest process.

For the noting of Councillors this report also provides an overview of the Byron Shire Reserve Trust Committee which is a Special Purpose Committee and membership includes all Councillors.

Each Committee and Panel is summarised in this report.

RECOMMENDATION:

1. Advisory Committees:

a) That Council:

i) Note the following Advisory Committees will be continuing in their current structure and appoint its Councillor representatives:

· Finance Advisory Committee – 6 Councillors

· Internal Audit Advisory Committee – 3 Councillors

· Water, Waste and Sewer Advisory Committee – 3 Councillors

· Arakwal MoU Advisory Committee – 2 Councillors

ii) Advise the committee/panel members of the continuation of their committee/panel, officially thanked for their contribution to date and be asked if they wish to continue their representation until Council appoints new members following an expression of interest process.

b) That Council:

i) Note the revised structure and objectives of the following Advisory Committees and appoint its Councillor representatives:

· Transport and Infrastructure Advisory Committee (merges the two separate committees) – 3 Councillors

· Byron Shire Floodplain Risk Management Committee (merges the Belongil and the North Byron Floodplain Committees) – 3 Councillors

ii) Advise the committee members of the revision of their committee, officially thank them for their contribution to date and ask if they wish to continue their representation on the revised committees until Council appoints new members following an expression of interest process.

2. Panels:

a) That Council:

i) Note that the following Panel (formerly Public Art Assessment Panel) will be continuing in its current structure with new objectives (as shown in the report) and appoint its Councillor representatives.

· Public Art Panel - 2 Councillors

ii) Note the following Advisory Committees have been changed to Panels (with updated objectives) and appoint its Councillor representatives:

· Coastal Estuary Catchment Panel (previously named Belongil Catchment) – 3 Councillors

· Biodiversity and Sustainability Panel – 3 Councillors

· Communications Panel – 3 Councillors

· Heritage Panel – 3 Councillors

· Sustainable Economy Panel – 3 Councillors

ii) Advise the committee members of the continuation of the Public Art and Assessment Panel and the change from Advisory Committees to Panels, officially thank them for their contribution to date and ask if they wish to continue their representation on the Panel until Council appoints new members following an expression of interest process.

Attachments:

1 Advisory Committee constitution template, E2016/3464 , page 22

2 Panel Constitution Template, E2016/74311 , page 29

Report

This report has been prepared to advise Council of the structure for Advisory Committees and Panels. The report enables the appointment of the Councillor representatives and it recommends that all current external members be retained until Council appoints new members following an expression of interest process.

The term of office for all Committees and Panels are the same term of the current Council and in some instances Committees are required to remain in their current structure as they have an ongoing agenda.

In accordance with Clause 230 of the Local Government Act the existing Mayor remains in office until the appointment of the newly elected Mayor. If a Committee or Panel is required to meet during the period from 10 September to the appointment of the new Councillor representation, the existing or new Mayor will be invited to all meetings being held during that period.

In 2016, Council’s senior staff and Councillors reviewed the structure of Council’s Advisory Committees and Panels to determine the ongoing need and structure of each. The outcomes of the review are listed here:

1. The following Advisory Committees and Panels to remain unchanged:

· Finance Advisory Committee

· Internal Audit Advisory Committee

· Water, Waste and Sewer Advisory Committee

· Arakwal MoU Advisory Committee

· Public Art and Assessment Panel

2. The Community Infrastructure Advisory Committee and the Transport Advisory Committee be merged to form the Transport and Infrastructure Advisory Committee.

3. The Belongil Creek Floodplain Risk Management Committee and the North Byron Coastal Creeks Floodplain Risk Management Committee be merged to form the new Byron Shire Floodplain Risk Management Committee.

4. The following Advisory Committees to be changed to form Panels:

· Coastal Estuary Catchment (previously named Belongil Catchment)

· Biodiversity and Sustainability

· Communications

· Heritage

· Sustainable Economy

5. The Public Art Assessment Panel’s name is to change to the Public Art Panel.

The following tables provide a summary of each Advisory Committee and Panel.

Advisory Committee: The membership of an Advisory Committee may consist only of Councillors, or Councillors and appointed members. The committee have the role of making recommendations to Council on specific matters following the consideration of a staff report at a meeting of the Advisory Committee.

The recommendations of the Advisory Committee are made to Council through the Minutes of the Advisory Committee meeting and considered at an Ordinary Meeting. The specific matters and areas of expertise for each Advisory Committee are determined by Council in the establishment of the Advisory Committee and in the adopted Constitution for the Advisory Committee.

An Advisory Committee is established for the term of Council.

Advisory Committee	Responsible Directorate	Cr reps 2012/2016	Objectives	Number of representatives
Arakwal Memorandum of Understanding Advisory Committee	Corporate and Community Services	Crs Richardson, Spooner	The purpose of the Arakwal Memorandum of Understanding (MOU) Advisory Committee is: To meet as required to develop a Memorandum of Understanding between the Byron Shire Council and the Bundjalung of Byron Bay (Arakwal) people and deliver and review identified actions, governance, processes and projects. The Council acknowledges that Aboriginal people are the original inhabitants of the Byron Shire area and that according to their continuing law, traditions and customs it remains their traditional country. The Council also acknowledges and respects the Corporation’s right to speak for its country in accordance with its laws, traditions and customs. The parties commit themselves to seek together ways in which Aboriginal interests can be advanced where decisions are to be made about their traditional country. The parties commit themselves to work together to ensure that this is done in a way that advances the interests of the whole community and promotes harmonious community interests. This committee meets to fulfil Council’s legal obligations under the Native Title Act and facilitate an avenue for the traditional owners as recognised under the Native Title Act (1993) the Bundjalung of Byron Bay, Arakwal People, to participate in governance on matters relating to their ancestral homelands.	2 Councillors 3 Invited Representatives
Byron Shire Floodplain Risk Management Committee	Infrastructure Services	Crs Richardson, Cubis, Woods, Dey (Belongil Creek) Crs Richardson, Dey (North Byron)	The purpose of the Byron Shire Floodplain Risk Management Committee is to oversee and advise Council on the preparation, implementation and review of Flood Studies and Floodplain Risk Management Studies as required.	3 Councillors 3 Invited members 2 Community members
Transport and Infrastructure Advisory Committee	Infrastructure Services	Crs Dey, Hunter, Cameron (Community Infrastructure) Crs Richardson, Dey, Hunter, Cameron (Transport)	The purpose of the Transport and Infrastructure Advisory Committee is to: 1. develop and review policies and priorities for addressing the management of civil infrastructure to meet the needs and aspirations of the Shire's population in a sustainable way 2. review Council’s Asset Management Plan and 10 year works program 3. review the level of service to be provided by the Council in the maintenance and renewal of assets within the available budget and resources 4. advise on the implementation of the 2009 adopted Transport Policy (#861019) and in particular its implication on other Council policy, practice, process, operations and decision-making. 5. advise in development of a Transport Strategy and an Integrated Regional Transport Plan 6. advise on opportunities or concerns regarding transport services and infrastructure to Council as required, including but not limited to, funding opportunities, government policy, practice or guidelines, safety, accessibility, mobility and other such relevant transport issues.	3 Councillors 3 Community representatives
Finance Advisory Committee	Corporate and Community Services	Crs Cameron, Ibrahim, Dey, Woods, Cubis, Hunter	The purpose of the Finance Committee is to: a) assist in the development of draft budgets b) assist in the format of the annual report, and c) consider other financial information and matters as they arise	6 Councillors
Internal Audit Committee	General Manager	Crs Cameron, Hunter, Woods	The Internal Audit Committee’s primary function is to assist Council to ensure that: 1. Business systems and procedures have been established by the Executive Team and are effective 2. Appropriate risks and exposures are effectively managed 3. A culture of adherence to Council policies and procedures is promoted 4. Statutory compliance is promoted and monitored 5. The audit processes (both internal and external) are effective, and 6. The external reporting is objective and credible.	3 Councillors 3 Relevantly qualified external representatives
Water, Waste and Sewer Advisory Committee (Commenced 30/9/10)	Infrastructure Services	Crs Richardson, Dey, Wanchap	The purpose of the Water, Waste and Sewer Advisory Committee is: 1. Develop policies for addressing the water cycle and waste cycle management needs and aspirations of the shire’s population in an ecologically sustainable way. 2. Develop strategies for natural resource management/ demand management for water, sewer and waste management within the shire. 3. Recommend on strategies and plans that address water and waste management issues in a regional/ broader context.	3 Councillors 4 Community members

Panels: This is a group consisting of Councillors and specialist key stakeholders, with a particular interest in or expertise in the subject of the panel, which will assist Council in decision making relating to a particular matter. Panels do not have any executive power or authority to implement actions and all recommendations from these panels are reported to Council via a staff report for decision.

Panels are usually appointed for a 4 year term in line with Council elections unless otherwise resolved by Council.

Panel	Responsible Directorate	Cr reps 2012/2016	Objectives	Number of representatives
Biodiversity and Sustainability Panel	Sustainable Environment and Economy	Crs Richardson, Wanchap, Hunter	The purpose of the Biodiversity and Sustainability Panel is: a) To assist Council in the implementation and review of relevant biodiversity and sustainability strategies such as: Low Carbon Strategy and Biodiversity Conservation Strategy b)To identify and report opportunities or concerns regarding biodiversity and sustainability issues to Council including, but not limited too, funding opportunities, special events, government policy, practice or guidelines c) In accordance with the Environment Levy Implementation Policy (E2015/31373): • advise Council on matters to be considered for funding from the Environmental Levy each year, • quarterly, review the projects funded by the Environmental Levy, following advice provided by Council Staff, and •advise Council on both allocation and expenditure of funds consistent with environmental levy Terms of Reference i.e. by reviewing a draft budget each year and providing advice on priorities for expenditure and monitoring environmental outcomes of levy projects.	3 Councillors 7 Community Representatives
Coastal Estuary Catchment Panel	Infrastructure Services	Crs Richardson, Dey, Hunter	The purpose of the Coastal estuary Catchment Panel is to advise Council on priorities and integration of the various Plans and Strategies impacting on the Coastal Estuary Catchments.	3 Councillors 6 Community Representatives
Communications Panel	General Manager	Crs Richardson, Hunter, Spooner	The Committee is to facilitate strategic policy development on a range of communication issues concerning Byron Shire Council and to make recommendations to Council accordingly. The Committee will make recommendations to Council inclusive of the following objectives: a) To communicate, educate and engage the community with an integrated and consistent approach. b) To improve the access to information that clarifies Council’s policies, values and objectives to all stakeholders. c) To investigate new and emerging technologies to enhance effective communication between Council and community. The Committee does not have the power to direct staff but will make recommendations to Council.	3 Councillors
Heritage Panel	Sustainable Environment and Economy	Crs Richardson, Cameron, Hunter	The purpose of the Heritage Panel is to provide support and advice to Council to assist its operations on heritage matters. Actions of the Panel that can assist to achieve this include: • Assisting Council in the development of policies and strategies including the preparation of a Heritage Strategy and the management of natural and cultural heritage generally in Byron Shire local government area. • Advising Council staff, the Heritage Adviser and the Council on matters relating to the ongoing implementation of the Heritage Strategy (once completed). • Assisting Council to procure and allocate funding assistance and to recommend projects for which funding should be sought in line with the Heritage Strategy (once completed). • Providing access to the general community to distribute information and for public input into heritage management, eg, to nominate additional properties for assessment of heritage significance. • Advising Council on a range of heritage-related matters which are of interest to the community, in particular, by providing expertise, local knowledge and guidance on heritage matters and in relation to heritage assessments.	3 Councillors 4 Invited representatives 3 Community representatives
Public Art Panel (formerly Public Art Assessment Panel)	Corporate and Community Services	Crs Richardson, Spooner	The purpose of the Public Art Panel is: a) Advise Council on Public Art trends and issues and manage expectations of the Byron Shire community. b) Assist Council in meeting the objectives of the Public Art Policy. c) Devise a strategic Public Art Statement, which sets out a proactive approach to public art in the Byron Shire. d) Assess public art donation and loan proposals against the Public Art Guidelines and Criteria and provide recommendations to Council. e) Provide advice, if required, pertaining to Public Art in private developments as per the Development Control Plan for Public Art and the Public Art Strategy.	2 Councillors 3 community representatives with experience and/or expertise from the above A representative from Arts Northern Rivers A representative from Bundjalung of Byron Bay (Arakwal) Corporation
Sustainable Economy Panel	Sustainable Environment and Economy	Crs Richardson, Cameron, Ibrahim	The objective of the Panel is to The objective of the Panel is to work with Council and the Economic Development & Tourism unit of Council to generate and sustain employment and business investment in the Byron Shire that will strengthen the Byron Shire local economy in a sustainable manner. The framework for meetings and actions is guided by the following key areas as agreed by the current Panel members: a) 1. Emerging industries 2. Public Private Partnerships 3. Enabling infrastructure 4. Planning and Design	3 Councillors 3 community members 1 member environmental organisation /sig 1 representative from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) 5 members of industry

Special Purpose Committees - As stated in Council’s Code of meeting Practice Policy, Special Purpose Committees have been established and are comprised of all Councillors. Further information on the Special Purpose Committees are stated in the Code of Meeting Practice Policy, which can be found at http://www.byron.nsw.gov.au/policies.

Special Purpose Committee	Information and Terms of Reference	Meetings Held
Byron Shire Reserve Trust Committee	This committee has delegated authority to determine all matters relating to the Council management of Crown Reserves, where Council is the Reserve Trust Manager, and the Council owned and controlled caravan parks, other than those items a council cannot delegate as listed in section 377(1) of the Local Government Act. The Committee will be comprised of all Councillors. The Chairperson is provided with a casting vote. The Committee can determine rescission motions where the resolution being rescinded arose from a Byron Shire Reserve Trust Committee Meeting.	This committee will meet as required.

Special Purpose Committee

Information and Terms of Reference

Meetings Held

Byron Shire Reserve Trust Committee

This committee has delegated authority to determine all matters relating to the Council management of Crown Reserves, where Council is the Reserve Trust Manager, and the Council owned and controlled caravan parks, other than those items a council cannot delegate as listed in section 377(1) of the Local Government Act.

The Committee will be comprised of all Councillors.

The Chairperson is provided with a casting vote.

The Committee can determine rescission motions where the resolution being rescinded arose from a Byron Shire Reserve Trust Committee Meeting.

This committee will meet as required.

Financial Implications

The community representatives on most of these Advisory committees are volunteer representatives except for the Internal Audit Committee, whereby Council resolved in 2008 to pay fees for services of the relevantly qualified external members. A budget has been set aside in the 2016/17 Budget for these services.

In accordance with Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, a Councillor may claim reimbursement for travelling costs to attend meetings.

Statutory and Policy Compliance Implications

Each Advisory Committee operates under an adopted Constitution and the Code of Meeting Practice Policy.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

Date Adopted by Council		Resolution No.
Responsibility
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.

Further Document Information and Relationships

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct 2016 Work Health Safety Policy Code of Meeting Practice
Related Procedures/ Protocols, Statements, documents

Table of Contents

1. Preamble. 4

2. Purpose. 4

3. Timeframe for Committee. 4

4. Responsible Directorate. 4

5. Membership. 4

6. Induction. 5

7. Quorum.. 5

8. Confidentiality. 5

9. Election of Chairperson. 5

10. Voting. 5

11. Majority Decision. 5

12. Convening Meetings. 5

13. Agenda Preparation. 6

14. Conduct of Business. 6

15. Records of meetings. 6

16. Absence from Committee Meetings. 6

17. Project Reference Groups. 6

18. Section 377 Delegation. 7

19. Meeting Practice. 7

20. Miscellaneous. 7

1. Preamble

The <insert name of committee> Committee is an advisory committee of the Council and does not have executive power or authority to implement actions.

The role of the committee is to report to Council and provide appropriate advice and recommendations on matters relevant to this Constitution.

2. Purpose

(To be determined by Council)

The purpose of the <insert name of committee> Committee is:

3. Timeframe for Committee

The lifespan of the <insert name of committee> Committee is:

The Committee will generally be for the term of Council however, the committee may be issue based and therefore only exist for 1-2 years.

4. Responsible Directorate

This committee is administered by the <insert directorate name> Directorate. The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

5. Membership

Council must appoint all advisory committee members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

Council may release individual members from the advisory committee at any time by a resolution of council. Council may also appoint any new members to a committee at any time by a resolution of council.

Membership is to include:

· Eg 3 Councillors

· Eg At least 1 relevantly qualified community representative

· General Manager (or staff member delegate)

Note: Staff members participating on the committee do not have any voting entitlements.

6. Induction

All members will be required to participate in an induction process at the establishment of a new committee, and at any time a replacement voting member joins a committee. The induction will be scheduled prior to the first meeting of the committee and will cover topics such as this Constitution, the Code of Meeting Practice, Conflicts of Interest and Code of Conduct.

Replacement voting members will be inducted by experienced committee members at, or prior to, their first meeting.

7. Quorum

A quorum is to constitute at least half the number of members, two of which are to be Councillors. The General Manager or delegate, who must be a member of staff, is to attend the Advisory Committee meeting and is not counted in the quorum for the meeting.

8. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

9. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee but only in circumstances where the Mayor elects not to assume the position of Chairperson.

10. Voting

a) Each member of the committee (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

b) Members of the committee who are not Councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

11. Majority Decision

A majority decision of the committee requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

12. Convening Meetings

Meetings will be held as required, generally every quarter. An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months.

A meeting of the committee may be convened in response to either the direction of the Mayor (or in the Mayor’s absence the Deputy Mayor) in written form to the General Manager; or two Councillors in written form to the General Manager, or by resolution of the Council.

13. Agenda Preparation

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

The agenda is an organised list of the business, in order, that will be transacted at the meeting. An agenda for each meeting, containing a brief report on each item, is to be provided to committee members and available on Council’s website at least 7 days prior to the meeting being held.

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form. Verbal reports at the meeting are not an acceptable practice.

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion. Such information is to be circulated with the agenda.

Committee members may request items for inclusion in future agendas, through the Chair.

14. Conduct of Business

Each item of business is discussed in the order in which it appears on the agenda. No new matters will be introduced at the meeting. New items of business may be included in a future agenda as noted in clause 13 above.

15. Records of meetings

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) Minutes of committee meetings will be kept and presented to Council at its next meeting via a report of the committee meeting.

16. Absence from Committee Meetings

All committee members are required to advise the chair when they are unable to attend committee meetings. The absence of committee members from the meeting is to be recorded in the minutes. A committee member (other than the Mayor) ceases to be a member of a committee if the member:

a) Has been absent from three consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absence, or

b) Has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

17. Project Reference Groups

Project Reference Groups may be established by Council at the recommendation of the committee to address issues clearly identified by the committee.

Project Reference Groups operate in accordance with Council’s adopted Constitution template for Project Reference Groups.

18. Section 377 Delegation

The committee does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

19. Meeting Practice

Meetings are to be conducted in accordance with this Constitution and, where required, reference to Council’s Code of Meeting Practice.

20. Miscellaneous

a) Insurance: All group members are covered by the public liability policy of Council. This insurance does not preclude the Advisory Committee from due diligence and all Council policies must be adhered to.

b) Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

c) Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

d) Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 2

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

Date Adopted by Council		Resolution No.
Responsibility
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.

Further Document Information and Relationships

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct 2016 Work Health Safety Policy Code of Meeting Practice
Related Procedures/ Protocols, Statements, documents

Table of Contents

1. Preamble. 4

2. Purpose. 4

3. Timeframe for Panel 4

4. Responsible Directorate. 4

5. Membership. 4

6. Induction. 5

7. Quorum.. 5

8. Confidentiality. 5

9. Election of Chairperson. 5

10. Voting. 5

11. Majority Decision. 5

12. Convening Meetings. 5

13. Agenda Preparation. 6

14. Conduct of Business. 6

15. Records of meetings. 6

16. Absence from Panel Meetings. 6

17. Project Reference Groups. 7

18. Section 377 Delegation. 7

19. Meeting Practice. 7

20. Miscellaneous. 7

1. Preamble

The <insert name of Panel> Panel is a Panel of the Council and does not have executive power or authority to implement actions.

The role of the Panel is to provide appropriate specialist advice and recommendations to Council on matters relevant to this Constitution.

2. Purpose

(To be determined by Council)

The purpose of the <insert name of Panel> Panel is:

3. Timeframe for Panel

The lifespan of the <insert name of Panel> Panel is:

The term will generally be for the term of council, however if the Panel is issue based it may only exist for 1-2 years.

4. Responsible Directorate

This Panel is administered by the <insert directorate name> Directorate. The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

5. Membership

Council must appoint all Panel members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

Council may release individual members from the Panel at any time by a resolution of council. Council may also appoint any new members to a Panel at any time by a resolution of council.

Membership is to include:

· Eg 3 Councillors

· Eg At least 1 relevantly qualified community representative

· General Manager (or staff member delegate)

Note: Staff members participating on the Panel do not have any voting entitlements.

6. Induction

All members will be required to participate in an induction process at the establishment of a new Panel, and at any time a replacement voting member joins a Panel. The induction will be scheduled prior to the first meeting of the Panel and will cover topics such as this Constitution, the Code of Meeting Practice, Conflicts of Interest and Code of Conduct.

Replacement voting members will be inducted by experienced Panel members at, or prior to, their first meeting.

7. Quorum

A quorum is to constitute at least half the number of members, two of which are to be Councillors. The General Manager or delegate, who must be a member of staff, is to attend the Panel meeting and is not counted in the quorum for the meeting.

8. Confidentiality

Members of the Panel will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

9. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the Panel but only in circumstances where the Mayor elects not to assume the position of Chairperson.

10. Voting

a) Each member of the Panel (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

b) Members of the Panel who are not Councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

11. Majority Decision

A majority decision of the Panel requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

12. Convening Meetings

Meetings will be held as required, generally every quarter. An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months.

A meeting of the Panel may be convened in response to either the direction of the Mayor (or in the Mayor’s absence the Deputy Mayor) in written form to the General Manager; or two Councillors in written form to the General Manager, or by resolution of the Council.

13. Agenda Preparation

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

The agenda is an organised list of the business, in order, that will be transacted at the meeting. An agenda for each meeting, containing a brief report on each item, is to be provided to Panel members and available on Council’s website at least 7 days prior to the meeting being held.

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form. Verbal reports at the meeting are not an acceptable practice.

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion. Such information is to be circulated with the agenda.

Panel members may request items for inclusion in future agendas, through the Chair.

14. Conduct of Business

15. Records of meetings

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) Any recommendation of a Panel that requires a resolution of Council will be reported to Council through a staff report to Council from the responsible Directorate for the Panel, and the staff report will include as an attachment, a copy of the minutes of the Panel meeting at which the recommendation was made.

16. Absence from Panel Meetings

All Panel members are required to advise the chair when they are unable to attend Panel meetings. The absence of Panel members from the meeting is to be recorded in the minutes. A Panel member (other than the Mayor) ceases to be a member of a Panel if the member:

a) Has been absent from three consecutive meetings of the Panel without having given reasons acceptable to the Panel for the member’s absence, or

b) Has been absent from at least half of the meetings of the Panel held during the immediately preceding year without having given to the Panel acceptable reasons for the member’s absences.

17. Section 377 Delegation

The Panel does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

18. Meeting Practice

Meetings are to be conducted in accordance with this Constitution and, where required, reference to Council’s Code of Meeting Practice.

19. Miscellaneous

a) Insurance: All group members are covered by the public liability policy of Council. This insurance does not preclude the Panel from due diligence and all Council policies must be adhered to.

b) Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

d) Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Determination of Councillor Representatives on Regional Committees

Directorate: Corporate and Community Services

Report Author: David Royston-Jennings, Corporate Governance and Strategic Planning Officer

Mila Jones, Corporate Governance Coordinator

File No: I2016/928

Theme: Corporate Management

Governance Services

Summary:

Council is represented on a number of community groups and industry bodies (Regional Committees). Details of Regional Committees are shown in the body of this report.

Committees can be established in accordance with legislation or Council Resolution and memberships can consist of Councillors, Government Departments, staff representatives and other professional, community or organisation representatives.

After each term of Council it is necessary to re-elect Councillor representatives to the Regional Committees.

RECOMMENDATION:

1. a) That the Local Traffic Committee will continue in its current structure and appoint its one Councillor representative and one delegate.

b) Advise the community members of the continuation of the Committee, officially thank them for their contribution to date and be asked if they wish to continue their representation until Council appoints new members following an expression of interest process.

2. That Council confirm the election of Cr Cameron to the Cape Byron Headland Reserve Trust Committee as per resolution 14-423.

3. That Council confirm the election of Cr Spooner to the Arakwal National Park Management Committee and the Byron Coast Area Management Committee as per resolution 14-423.

4. That the Mayor and Alternate Delegate, the Deputy Mayor’s, appointment be noted as Council’s representative on the NOROC Board.

5. That Council determine its representatives on the Joint Regional Planning Panel as Cr __________________, with the alternate delegate being Cr __________________ and the Director Sustainable Environment and Economy.

6. That Council determine its representatives on the following committees:

a) Arts Northern Rivers Board of Directors – Cr __________________

b) Bangalow Pool Trust Joint Working Group – Cr __________________

c) Byron Bay Community and Culture Centre Management Committee – Cr _______

d) Byron Bay Liquor Accord – Cr _________ and Cr ___________

e) Byron Shire Sports Stakeholder Forum – Cr _______, Cr _______, Cr _______ and Cr _______

f) Chamber of Commerce – Bangalow – Cr _________

g) Chamber of Commerce – Brunswick Heads – Cr ________

h) Chamber of Commerce – Byron Bay – Cr ________

i) Community Safety Precinct Committee – Mayor

j) Destination Byron – Cr _________

k) Far North Coast Bush Fire Management Committee – Cr _________

l) Mullumbimby Showground Trust – Cr _________

m) North Byron Parklands Regulatory Working Group – Cr _________

n) Ocean Shores Tidy Towns Committee – Cr ________

o) Richmond Tweed Regional Library Committee – Cr __________________ and Cr __________________ and alternate delegate Cr __________________

p) Zone Service Level Agreement Liaison Committee – Cr __________________

7. That Council determine by Preferential Ballot its two (2) delegates to Rous County Council.

Report

Council is in regional partnerships with various community groups and industry bodies (Regional Committees) which require Councillor representation.

After each term of Council it is necessary to re-elect Councillor representatives to the Regional Committees.

Information has been sought from each Regional Committee requiring Councillor representation. Regional Committees are listed below with brief information on each committee.

With the exception of Rous County Council (merged entities of Rous Water, Far North Coast County Council and Richmond Valley County Council) nominations for the various regional committees will be made by verbal nomination at the meeting. You may nominate yourself or another Councillor may nominate you to be a representative on a committee. If nominated by another Councillor you have the right to decline the nomination.

If there is more than one nomination for a Committee and the Committee only requires one representative, a ballot by Councillors for the representative by show of hands will be taken.

Rous County Council requires that the Councillor representatives are elected by Preferential Ballot. The legislative requirements for the elections are set out in Schedule 9 - Election of members of county councils of the Local Government (General) Regulation 2005.

The following information is provided on the ballot papers and voting.

Part 2, 7 Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the figures 1, 2 and so on against the various names so as to indicate the order of their preference for at least the number of candidates to be elected.

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

(3) An informal ballot-paper is to be rejected at the scrutiny of votes.

The following information is provided on nominations.

Part 2, 5 Nomination

(1) A councillor of the constituent council may be nominated for election as a member of the county council.

(2) The nomination:

(a) may be made without notice by any councillor of the council, and

(b) is to be in writing delivered or sent to the returning officer, and

(c) is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The returning officer is to announce the names of the nominees at a council meeting.

A nomination form has been included as Appendix A to this report. The nomination form should be provided to the General Manager as the Returning Officer either prior to or at the start of the meeting to enable the preparation of the ballot papers for the elections to be held as part of the Council’s consideration of this report.

Participation on the Regional Committees other than Rous County Council is on a voluntary basis (other than reimbursement of travel expenses – refer financial implications) and contributes to the core business of Council and/or aligns with objectives of the Community Strategic Plan. The Council however may not wish to nominate a representative if the Regional Committee is seen to be no longer relevant or may want to assess the efficacy and worth of participation on a Committee by nomination, participation and report back to Council via a delegates report.

Arakwal National Park Management Committee

Cr Spooner has been elected as the representative on this Committee until 31 December 2018 as per Council Resolution 14-423.

2012/16 Councillor representative: Cr Spooner

The Arakwal National Park Management Committee is established under the Indigenous Land Use Agreement (ILUA) between the State Government and the Byron Bay Arakwal People under the Native Title process. The Minister for the Environment appoints the Committee members. The ILUA states that the Committee will have one Byron Shire Councillor representative who is for the time being a member of the Byron Shire Council Aboriginal Consultative Committee.

Meetings have been held:

When: Bimonthly, 2^nd Friday

Time: 12:30pm to 2.00pm

Where: Byron Coast Area office meeting room (Arakwal Depot, Tallow Beach Road, Byron Bay)

Please Note: It is recommended that the Council representative on Arakwal National Park Management Committee and Byron Coast Area Management Committee (listed below) be the same councillor as meetings occur together on the same day generally.

Arts Northern Rivers Board of Directors

2012/16 Councillor representative: Cr Spooner
Alternate: Cr Richardson

Arts Northern Rivers’ mission is to increase support for, participation in, and benefits from arts and cultural development for communities of the Northern Rivers region.

Council can appoint one representative to the Board and can decide how to select its representative, either through direct appointment or by calling for Expressions of Interest. The representative may be a Councillor, a staff member or member of the arts community in the Local Government area. The appointment will be for the term of Council. Alternate delegates, if appointed, may attend any meeting but may only vote when the nominated delegate is absent.

Meetings have been held:

When: Bimonthly on 2^nd Friday

Time: 10.00am to 12.30pm (with a morning tea break, lunch is not provided)

Where: Arts Northern Rivers office, Alstonville

Further information can be obtained on its web site at www.artsnorthernrivers.com.au

Bangalow Pool Trust Joint Working Group

2012/16 Councillor representative: Cr Richardson

Cr Ibrahim

The Bangalow Pool Trust was formed in 1995 and has been fundraising and working towards building a Pool in Bangalow. Council on the 27 June 2006 resolved as follows:

06-410 Resolved:

1. That Council commits to the construction of a 25m indoor swimming pool on the Bangalow Sports Fields site (lot 2 DP 1014667).

2. That Council will form a Bangalow Pool Working Group with the Bangalow Pool Trust to progress the project.

Meetings have been held:

When: Bimonthly (no set day)

Time: Commences 5.30pm for approximately 1 hour

Where: A&I Hall Bangalow

Byron Bay Community and Cultural Centre Management Committee

2012/16 Councillor representative: Cr Ibrahim

Alternate: Cr Cubis

The management committee sets strategic directions, develops policy and broadly oversees the Centre's operations. Committee members are elected annually by the members of the BBCA.

Meetings are held:

When: Monthly on 3^rd Wednesday

Time: Commences 8.00am for approximately 2 hours

Where: Byron Bay Community and Cultural Centre

Further information can be obtained on its web site at http://www.byroncentre.com.au

Byron Bay Liquor Accord

2012/16 Councillor representative: Cr Spooner

Cr Dey

Under the Liquor Act, Licensees are required to be regulated and have a proactive response in dealing with alcohol-related issues. The Liquor Accord and Council’s staff have previously recommended it would be beneficial in having a Councillor representative on this committee when dealing with significant events such as Blues Fest, Splendour and New Year’s Eve.

Meetings are held:

When: Monthly, Tuesday or Thursday

Time: 10.30am for approximately 2 hours

Where: Byron Bay – venue varies

Byron Coast Area Management Committee

Cr Spooner has been elected as the representative on this Committee until 31 December 2018 as per Council Resolution 14-423.

2012/16 Councillor representative: Cr Spooner

The Byron Coast Area Management Committee was set up by the then Minister for Climate Change and the Environment as an outcome of Bundjalung of Byron Bay (Arakwal) Indigenous Land Use Agreement Stage 2.

The Committee also includes representatives of the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), the community and the National Parks and Wildlife Service.

The Committee may make recommendations to the Director-General concerning the care, control and management of the following parks and reserves in the Byron Coast Area:

· Arakwal National Park (ILUA Stage 2 additions)

· Broken Head Nature Reserve

· Brunswick Heads Nature Reserve (south)

· Cumbebin Swamp Nature Reserve

· Hayters Hill Nature Reserve

· Julian Rocks Nature Reserve

· Tyagarah Nature Reserve

Meetings have been held:

When: Bimonthly, 2^nd Friday

Time: 9.30am for approximately 3 hours

Where: Byron Coast Area office meeting room (Arakwal Depot, Tallow Beach Road, Byron Bay)

Please Note: It is recommended that the Council representative on Arakwal National Park Management Committee and Byron Coast Area Management Committee be the same councillor as meetings occur together on the same day generally.

Byron Shire Sports Stakeholder Forums

2012/16 Councillor representative: Cr Cubis

Cr Richardson

Vacant

1. To bring together all of the major sporting groups currently utilising Council’s sports fields and facilities on a regular basis

2. To provide a means of improving and facilitating closer cooperation and collaboration between sporting codes who are active within the Byron LGA

3. To improve the level of understanding between the clubs and associations as to the competing demands for limited indoor/outdoor recreation spaces within the Byron LGA

4. To collect data and information regarding the growth of each of the sporting codes and their likely future development needs

5. To utilise information regarding the future growth and development needs of the clubs to help inform future Council decision making and forward infrastructure planning

6. To provide a forum for actively engaging with the principal users of Council sports fields on ground/facility development proposals and any issues arising from the use of Council facilities

7. To build a spirit of cooperation and mutual respect between clubs/codes and between clubs/codes and the Council

8. Through closer cooperation facilitate and promote shared ground/facilities development proposals for government funding utilising seed funding/funding from sporting associations/codes and/or the Council

Meetings are held:

When: Twice yearly (January and October)

Time: 6pm

Where: Cavanbah Centre

Upcoming meeting dates include unknown.

Cape Byron Headland Trust Management Board

Cr Cameron has been elected as the representative on this Committee until 31 December 2018 as per Council Resolution 14-423.

2012/16 Councillor representative: Cr Cameron

The Cape Byron Headland Trust is established under the National Parks and Wildlife Act and has the care, control and management of Cape Byron Headland Reserve. The Trust Board is appointed by the Minister for the Environment for a set term as determined by the Minister. The appointments are endorsed by the Governor of NSW and published in the Government Gazette.

Meetings are held:

When: Monthly 2^nd Friday of each month

Time: 9.30am to 1.00pm

Where: Arakwal Depot, Byron Bay

Chamber of Commerce - Bangalow

2012/16 Councillor representative: Cr Ibrahim

Cr Hunter

The aim of the Chamber is to provide a network of support for local businesses and the community. “We are committed to sustainable growth, renewal and prosperity and believe that we can meet the diverse needs of our community while also respecting our surrounding eco systems.”

The Chamber is involved with major Bangalow events, such as the Billy Cart Derby, The Bangalow Music Festival, the Bangalow Film Fiesta and Christmas Eve Celebrations.

Meetings are held:

When: Bimonthly (upcoming meeting Tues 4 Oct)

Time: 6.00pm

Where: Heritage House

Chamber of Commerce – Brunswick Heads

2012/16 Councillor representative: Cr Woods

“To foster a dynamic local business sector, encouraging sustainable and innovative business development in line with the community’s vision for Brunswick Heads.”

Meetings are held:

When: Monthly on 2^nd Tuesday

Time: 5.00pm

Where: Brunswick Heads Visitor Centre

Further information can be obtained on its web page at http://www.tropicalnsw.com.au/brunswickheads/chamber/

Chamber of Commerce - Byron Bay

2012/16 Councillor representative: Cr Richardson

Cr Cubis

Cr Wanchap

Cr Spooner

The Byron Chamber of Commerce’s mission states:

As the Chamber of Commerce in Byron Bay, we dedicated to building a healthy, sustainable, prosperous and vibrant business community catering to all industry sectors. We represent a substantial membership base by acting collaboratively and supporting and protecting our members’ interests. Our chamber is a professional resource for businesses and strives to strengthen and enhance regional economic growth.

Meetings are held:

When: Monthly on 2^nd Tuesday

Time: Commences 5.30pm for approximately 2 hours

Where: Byron Bay Community and Cultural Centre

Further information can be obtained on its web site at http://www.byronunited.org.au/

Community Safety Precinct Committee

2012/16 Councillor representative: Mayor Simon Richardson

The Community Safety Precinct Committee is a meeting chaired by the Local Area Commander, NSW Police.

The Mayor and General Manager are both invited to allow information dissemination to elected representatives and employees of Council.

Other participants include business representatives, Liquor Accord representatives, members of Parliament, community groups and specific interested groups.

The meetings are held normally three times a year, dependent upon availability of MP's. The venue is currently at Pottsville, enabling both Tweed Heads and Byron Bay participants to travel a shorter distance.

The meeting allows the Police to provide community representatives with information regarding current crime statistics; trends and developing issues. This is part of the 'whole of government' approach to problem solving within the local community.

The purpose of these meetings is to:

· Ensure Local Area Commanders are communicating to their local communities;

· Encourage community partnerships to reduce crime and the fear of crime;

· Develop local solutions to local crime in partnership with local stakeholders;

· Improve public safety and reduce the fear of crime at a local level;

· Raise understanding of the relationship between policing and crime reduction; and

· Ensure Commanders take into account local community views on police visibility, police deployment and crime hotspots when deciding police tasking and deployment.

Meetings are held:

When: Three times a year

Time: During business hours

Where: Pottsville

Destination Byron

2012/16 Councillor representative: Cr Cameron

Cr Richardson

Local tourism stakeholders have established the Visitor Information Association Byron (‘VIA Byron’) and requested Council’s participation on an Interim Board.

The Interim Board will establish the roles and responsibilities of various parties involved in tourism in Byron Shire, among other things. VIA Byron has advised that a skills-based board will replace the Interim Board within a year. As the Board only commenced in mid 2012 and the proposed term is for 12 months, it is necessary to re-elect Councillor representatives to the Board.

Meetings are held:

When: Monthly on 2^nd Tuesday

Time: 4.00pm

Where: Elements of Byron

Far North Coast Bush Fire Management Committee

2012/16 Councillor representative: Cr Dey

The Bush Fire Management Committee is integral to bush fire management across NSW. It provides a valuable forum through which bush fire management decisions can be made across the landscape and across all land tenures. It is essential that they operate effectively to make the best use of member’s time and to achieve the best outcomes for the community.

Meetings are held:

When: 2017 meeting schedule to be confirmed (next meeting Tuesday 8 November 2016)

Time: 1.00pm

Where: Regional venues

Joint Regional Planning Panel

2012/16 Councillor representative: Cr Ibrahim

Cr Cameron (alternate)

(Note Shannon Burt, Director SEE, is the second member)

Joint regional planning panels provide independent, merit-based decision making on regionally significant development. Applications for regionally significant development are notified and assessed by a local council professional staff and then determined by the relevant regional panel.

Regional panels may also have a role in planning proposals, where the Minister for Planning has appointed the regional panel to act as the relevant planning authority (RPA) or has requested the regional panel to undertake a pre or post Gateway review.

More information about planning proposals and the Gateway process can be located at /www.planning.nsw.gov.au/Plans-for-Your-Area/Local-Planning-and-Zoning/The-Gateway-Process

Note:

“…Council members: Two council members appointed by each council that is situated in a part of the State for which a Regional Panel is established. At least one council member is required to have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. Expertise may be demonstrated by having formal qualifications in the nominated fields, or by having relevant skills, knowledge and practical experience in these areas.

- Selection of council members. It is a matter for each council to identify how the members are selected. In selecting members, however, Councils should have regard to the conflict of duties that would be created for a person nominated to the Regional Panel if they were in any way responsible for or involved in the assessment and recommendation of a matter to be determined by the Regional Panel. When deciding nominees to the Regional Panel, a council is not restricted to people being from the council’s local area. Councils can appoint, terminate, and reappoint, members at anytime, and can determine how long it appoints its members for. Generally councils should consider appointing members for the maximum term of three years provided for under the EP&A Act, to ensure the greatest degree of continuity of expertise for Regional Panels. However councils should also reconsider whether their nominations to Regional Panels are appropriate within 12 months following a council election.

If a council within the area of a Regional Panel fails to nominate one or more council members, a Regional Panel may still exercise its functions in relation to the area of the council concerned…”

The remaining meetings for 2016 are:

When: 19-20 October, 23-24 November, 14-15 December

Time: TBA

Where: TBA

Local Traffic Committee

2012/16 Councillor representative: Cr Dey

Alternate: Cr Cubis

Roads and Maritime Services (RMS) is the legislated organisation responsible for the control of traffic on all roads in New South Wales. Traffic is controlled by the installation of prescribed traffic control devices, such as regulatory signs or traffic control facilities.

RMS however delegates certain aspects of the control of traffic on Regional and Local Roads to the Councils of Local Government areas while RMS continues to manage State Roads. Traffic committees are a requirement of the delegation process. There are two types of traffic committees, Local and Regional. Further details on each are available from the RMS website:

http://www.rms.nsw.gov.au/doingbusinesswithus/lgr/downloads/information/committees/traffic_committees.html

The Roads and Traffic Authority publication "A guide to the delegation to Councils for the regulation of traffic - including the operation of Traffic Committees" See http://www.byron.nsw.gov.au/committees/local-traffic-committee provides details of the operations and the membership of the Local Traffic Committees (LTC).

The appointment of 1 Councillor and an alternate delegate is required.

Meetings are held:

When: Bimonthly

Time: Wednesday at 9.00am

Where: Byron Shire Council Conference Room

Mullumbimby Showground Trust

2012/16 Councillor representative: Cr Woods

Council has had recent correspondence from the Department of Primary Industries (Catchment and Lands) regarding appointment of trust board members and an ex-officio position from Council to form the Mullumbimby Showground Trust. Crown Lands have been making interim arrangements for the day to day management of the Showground whilst the Trust is in caretaker mode. The DPI have recommended to the Minister for the appointment of a Trust. Crown Lands will ensure that the members on the Trust will receive a suitable induction and on-going support.

A Council ex-officio position has been included and they request who the representative will be for the Minister’s approval.

For more information the “Trust handbook” provides guidance to trust board members in performing their duties as members of a Crown reserve trust. Visit http://www.lpma.nsw.gov.au/trusts/trusts2

Meetings are held:

When: Monthly on the 2^nd Monday (Next meeting 10 October 2016)

Time: 6.00pm

Where: Mullumbimby Showground

North Byron Parklands Regulatory Working Group

2012/16 Councillor representative: Cr Cameron

Cr Ibrahim

Cr Woods

The New South Wales Planning Assessment Commission approved a five year trial to 31 December 2017 for the North Byron Parklands festival site at Yelgun. A condition of the consent requires North Byron Parklands to form the North Byron Parklands Regulatory Working Group (RWG) to oversee the environmental performance of events during the trial period.

North Byron Parklands have requested Council to nominate its Council representative/s on the RWG. The representatives can be either Councillors and / or staff. The 2012 invitation was for one (1) Council representative but North Byron Parklands have confirmed that Council can nominate more then one (1) representative which has been the past practice.

Council through a separate process will also seek expressions of interest for the two (2) community members on the Working Group. These representatives will need to be appointed by Council at its 17 November 2016 Ordinary meeting.

Meetings are held:

When: Prior to an event (as necessary)

Time: 2.00pm

Where: Ocean Shores Country Club

NOROC

2012/16 Councillor representative: Cr Simon Richardson

Council is a member of NOROC (Northern Rivers Regional Organisation of Councils).

The objectives of the Organisation are to:

· Provide a forum for cooperative action on issues of regional significance and concern to Local Government requiring advocacy and/or political representation;

· Act as an advocate for the region to the Commonwealth and New South Wales Governments to advance the interests of the region;

· Seek from governments financial assistance, legislative and/or policy changes and additional resources required by the region.

NOROC’s constitution states that a Member will be represented on the Board of the Association by that Member’s Mayor or Chairperson and General Manager. An alternate delegate is the Deputy Mayor if the Mayor cannot attend.

The Mayor has voting rights on the Board.

Information on Regional Organisation of Council can be found on the following web site at http://www.alga.asn.au/links/regionalOrgs.php

Meetings are held:

When: Quarterly 1^st Friday (February, May, August and November)

Time: 10.00am for approximately 4 hours

Where: Various regional venues

Ocean Shores Tidy Towns Committee

2012/16 Councillor representative: Cr Woods

To look after the environment and community facilities in Ocean Shores.

Meetings are held:

When: September and March

Time: 7.00pm for approximately 2 hours

Where: Ocean Shores Country Club

Richmond-Tweed Regional Library Committee

2012/16 Councillor representatives: Cr Dey
Cr Hunter

Alternate: Cr Cameron

The Richmond Tweed Regional Library Committee manages library services for the Ballina, Byron, Tweed and Lismore council areas.

The Committee requests the appointment in addition to the two Councillor representatives and an approved alternate delegate who may attend the quarterly meetings of the committee when the Council’s nominated delegate(s) is/are unavailable.

Meetings are held:

When: Quarterly usually on the 1^st or 4^th Friday

Time: 10.00am for approximately 2 hours

Where: Various regional venues

Further information is available on its web site at http://www.rtrl.nsw.gov.au/site/index.php

Rous County Council

2012/16 Councillor representative: Rous Water: Cr Dey

Cr Woods

Far North Coast Weeds: Cr Cameron

As of 1 July 2016, Rous Water, Far North Coast Weeds and Richmond River County Council merged to establish Rous County Council. Rous County Council will undertake the roles, functions and responsibilities of the former entities.

Far North Coast County Council and Richmond River County Council have been dissolved.

Council has been asked to appoint two (2) delegates to the County Council for a four (4) year term.

Councillors receive a fee for service on this County Council with an additional fee being payable to the Chair. These amounts are subject to annual review.

Meetings are held:

When: Monthly on the 3^rd Wednesday (no January meeting – meetings commence in February each year)

Time: 11am-4pm (some meetings may start earlier with outside inspections)

Where: Rous Water Centre, Level 4, 218-232 Molesworth Street, Lismore

Further information can be obtained on its web site at http://www.rous.nsw.gov.au/landing.html

A Councillor is to be nominated on the prescribed form at Appendix A to this report.

Details in relation to the election process for the two (2) delegates is provided in the body of this report and in the Statutory and Policy Implications section of this report.

Zone Service Level Agreement Liaison Committee

2012/16 Councillor representative: Cr Dey

The committee is required under the Rural Fire Zone Service Agreement between Byron Shire, Ballina Shire and the Commissioner of the NSW Rural Fire Service. The North Coast Rural Fire Zone Service Agreement commenced on the 31 October 2006 and continues for a period of 3 years. One Councillor from each of the councils is to be appointed along with the General Management or delegate.

Meetings are held:

When: Twice yearly (January and July)

Time: During business hours

Where: Byron Shire Council offices

Financial Implications

Councillors’ travel to and from Regional Committee meetings is reimbursed by Council and budgeted for in the Councillors Budget.

Statutory and Policy Compliance Implications

As discussed in the body of this report, the delegates to Rous County Council are to be elected by Preferential Ballot. All other delegates are elected by a process of nomination called for at the meeting by the Mayor, and where there are more nominations received then the number of delegate positions, a ballot by Councillors for the representative by show of hands will be taken.

This is a legislative requirement set out in Schedule 9 of the Local Government (General) Regulation 2005.

APPENDIX A

BYRON SHIRE COUNCIL

NOMINATION FORM FOR POSITION OF

COUNCIL DELEGATE TO ROUS COUNTY COUNCIL

(To be delivered to the General Manager prior to the commencement of the Ordinary Council meeting to be held 29 September 2016)

NOMINEE: _____________________________

NOMINATORS: 1._____________________________

2._____________________________

Note: the nomination is to be made by two or more councillors, one of whom may be the nominee.

I hereby consent to this nomination.

Signed: ____________________________ Date__________________

Nominee

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5

Report No. 4.5 Determination of Councillor Representatives on Section 355 Management Committees and Boards

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2016/926

Theme: Society and Culture

Community Development

Summary:

Section 355 of the Local Government Act 1993 allows Council to delegate certain functions to a Committee. Council has 13 Section 355 Management Committees or Boards of Management established to manage the operations and maintenance of selected community facilities.

This report aims to appoint Councillor representatives for the term of this Council to each of the Section 355 Committees or Boards established by Council.

RECOMMENDATION:

1. That Council confirm the establishment of the following 10 Committees under Section 355(b) of the Local Government Act 1993

i) Bangalow Parks (Bangalow Showground) Section 355 Management Committee

ii) Brunswick Heads Memorial Hall Section 355 Management Committee

iii) Brunswick Valley Community Centre Section 355 Management Committee

iv) Cook Pioneer Centre Mullumbimby Section 355 Management Committee

v) Durrumbul Community Hall Section 355 Management Committee

vi) Heritage House and Tennis Court Bangalow Section 355 Management Committee

vii) Ocean Shores Community Centre Section 355 Management Committee

viii) Senior Citizen’s Hall Byron Bay Section 355 Management Committee

ix) South Golden Beach Community Centre Section 355 Management Committee

x) Suffolk Park Community Hall Section 355 Management Committee

2. That Council confirm the establishment of the following 3 Boards of Management under Section 355(b) of the Local Government Act 1993:

i) Bangalow A&I Hall

ii) Lone Goat Gallery

iii) Mullumbimby Civic Memorial Hall

3. That Council adopt:

a) the Delegation of Authority under Section 377 of the Local Government Act 1993, as shown in Attachment 1 (#E2016/66109) for each Section 355 Management Committee and Board of Management confirmed in 1 and 2 above;

b) the Terms of Reference for each Section 355 Management Committee and Board as shown in Attachment 2 (E2016/68163) confirmed in 1 and 2 above.

4. That Council determine its Councillor Representative/s and if required Alternate Delegate on each of the following Section 355 Management Committees or Boards of Management confirmed in 1 and 2 above.

i) Bangalow Parks (Bangalow Showground) Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

ii) Brunswick Heads Memorial Hall Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

iii) Brunswick Valley Community Centre Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

iv) Cook Pioneer Centre Mullumbimby Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

v) Durrumbul Community Hall Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

vi) Heritage House and Tennis Court Bangalow Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

vii) Ocean Shores Community Centre Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

viii) Senior Citizen’s Hall Byron Bay Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

ix) South Golden Beach Community Centre Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

x) Suffolk Park Community Hall Section 355 Management Committee – Cr_________________, alternate is Cr _________________.

xi) Bangalow A&I Hal Board of Management l – Cr_________________, alternate is Cr _________________.

xii) Lone Goat Gallery Board of Management – Cr_________________, alternate is Cr _________________.

xiii) Mullumbimby Civic Memorial Hall Board of Management – Cr_________________, alternate is Cr _________________.

Attachments:

1 Section 355 Management Committee Delegation of Authority template, E2016/66109 , page 55

2 Section 355 Management Committee Terms of Reference 2016, E2016/68163 , page 57

Report

Section 355 of the Local Government Act 1993 provides that a Council may appoint a committee and delegate under Section 377, authority for the care, control and management of community buildings. Committees appointed under Section 355 of the Local Government Act are appointed for the full term of the Council.

Council presently has 13 community halls and centres which are located on either Council or Crown Land for which it has established Section 355 Committees or Boards of Management. There are 10 facilities managed by a Section 355 Management Committee and 3 facilities managed by a Board of Management with a contracted Venue or Gallery Co-ordinator.

The term of office for Section 355 Management Committees and the Boards of Management is the same term as the current Council, with the addition of an extra three months after the General Election of Councillors. All current Section 355 Management Committee members will cease to hold office at the end of December 2016.

To assist with transparency and accountability of the Section 355 Management Committees, each Committee is issued with a Section 377 Delegation of Authority, (refer Attachment 1), which is made by a resolution of Council. The attached Delegation of Authority was adopted by Council by resolution 16-473. Terms of Reference (Attachment 2) for each Committee and the ‘Halls and venues guidelines for Section 355 Management Committees and Boards’ have been developed to guide committee operations.

These documents are also available on Council’s website http://www.byron.nsw.gov.au/section-355-committees

Financial Implications

The Section 355 Management Committees are required to provide financial information in accordance with the adopted guidelines for these committees. Fees for these community facilities are set by Council at the beginning of each financial year.

Community representatives on a Section 355 Management Committee are volunteers and operate under Section 377 Delegations.

Council has previously resolved (14-601) to pay selected committee members an honorarium in recognition of the volume of work associated with office bearer positions and bookings duties.

These honorarium payments are subject to review and approval by Council’s Finance Manager to ensure the revenue generated by the hall or facility is sustainable and covers any such payments.

Statutory and Policy Compliance Implications

Section 377 of the LG Act 1993 allows Council to delegate certain functions to a committee. Council has established a number of Section 355 committees and Boards of Management to manage its community facilities.

Council is required to appoint the community representatives on each committee at the beginning of its term.

There is no legislative requirement for Councillor Representation on these committees although Council has always in past years appointed councillor representative(s) to assist with any management issues.

Section 355 of the LG Act 1993 states:

“355 How does a council exercise its functions?

A function of a council may, subject to this Chapter, be exercised:

(a) by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b) by a committee of the council, or

(c) partly or jointly by the council and another person or persons, or

(d) jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e) by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).”

Delegations to the Committee are made under Section 377 of the LG Act 1993, allowing Council to delegate specific functions of the Council to the Section 355 Committee:

Section 377 of the LG Act 1993 states:

“377 General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders which are required under this Act to be invited by the council,

(j) the adoption of a management plan under section 406,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.”

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 2

SECTION 355 MANAGEMENT COMMITTEES AND BOARDS - TERMS OF REFERENCE

the following lists Council’s facilities and their Terms of Reference being operated by Section 355 Management Committees and Boards.

Note: This information is subject to change in accordance with Council resolution.

1. Bangalow A&I Hall Board of Management

Station Street, Bangalow

· To provide short and long-term strategic marketing direction for the Hall.

· To maximise income and promote optimum usage of the Hall.

· To ensure compliance with Council policies and all relevant legislation.

· To provide recommendations to Council for function improvements and/or upgrades to the Hall.

· To source and secure grant funding opportunities for Council's consideration.

· To plan and undertake fund raising activities as required.

· To develop procedures for equity of access to the Hall for the local community.

· To ensure that negative impacts on the environment and neighbours are minimised.

· To strive for a "break-even" or profitable annual financial position (after all operational, short and long-term maintenance, building insurance and paid venue coordinator costs).

· In consultation with the Venue Coordinator:

o care for and maintain the venue;

o ensure the safety of the patrons, contractors and volunteers of the Hall;

o ensure compliance with Council's adopted fees and charges, Work, Health and Safety and other legislation relevant to the operations of the Venue.

2. Bangalow Parks (Bangalow Showground)

Rankin Drive, Bangalow

· To maximise income and promote optimum usage of the Showground facilities.

· To care for and maintain the facility, through responsible day to day management.

· To ensure the safety of the patrons, contractors and volunteers at the Showground.

· To provide short and long-term strategic marketing direction for the Showground.

· To ensure compliance with Council policies and all relevant legislation.

· To ensure compliance with Council's adopted fees and charges, Work, Health and Safety and other legislation relevant to the operations of the facility.

· To provide recommendations to Council for function improvements and/or upgrades to the facilities.

· To source and secure grant funding opportunities for Council's consideration.

· To plan and undertake fund raising activities as required.

· To develop procedures for equity of access to the facilities for the local community.

· To ensure that negative impacts on the environment and neighbours are minimised.

· To strive for a "break-even" or profitable annual financial position (after all operational, short and long-term maintenance, building insurance and other costs).

3. Brunswick Heads Memorial Hall

Fingal Street, Brunswick Heads

· To maximise income and promote optimum usage of the Hall.

· To care for and maintain the facility, through responsible day to day management.

· To ensure the safety of the patrons, contractors and volunteers at the Hall.