Extraordinary Meeting Minutes

Held on Wednesday, 4 September 2013

at Council Chambers, Bega commencing at 2.00 pm

 


Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

Acting General Manager, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Workforce and Administration, Manager
Ms Nina Churchward

Minute Secretary Tamara Whiting

 

Aunty Joy Kelly provided the Welcome to Country acknowledging the Traditional owners of the lands and water of the Shire and the people of the Yuin and Monaro Nations.

Pastor Ken Jeffrey led the meeting in a Prayer for the Nation

1.

Apologies

 

There were no apologies

 

2.         Declarations

There were no declarations of interest

RESOLVED on the motion of Crs Britten and Hughes

The Mayor nominated Cr Mawhinney to act as Chairperson until the election of the Mayor had been completed.

 In favour:  Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:       Nil

3.         Staff Reports – Leading Organisation

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

 

3.1

Election of Mayor 2013/2014

 

 

 

 

 

 

 

149/13                                                                                                                                                                          

The Acting General Manager as Returning Officer advised that she had received 2 formal nominations for position of Mayor, being:

Crs Fitzpatrick and Taylor

She asked if there were any further nominations and none were forthcoming.

 

RESOLVED on the motion of  Crs Britten and Fitzpatrick

That the Mayoral vote be ordinary ballot by show of hands

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

The process of ordinary ballot by show of hands proceeded. 

 

The ballot was held for the nomination of Cr Fitzpatrick for the position of Mayor

 

IN FAVOUR: Crs Fitzpatrick, Allen, Seckold and Tapscott

 

The ballot was held for the nomination of Cr Taylor for the position of Mayor

 

IN FAVOUR: Crs Taylor, Hughes, McBain, Britten and Mawhinney

 

It was declared by the Returning Officer that Cr Taylor was elected as Mayor for the period until September 2014.

 

The Mayor, Cr Taylor, resumed the chair.

 

RESOLVED on the motion of Crs Allen and Seckold

1.     That all nomination papers used in connection with the election of the Mayor and for the period ending September 2014 be destroyed.

In favour:        Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Cr Hughes

 

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

2.  That the Chief Executive of the Division of Local Government and the Secretary General of the Local Government and Shires Association be advised of the result of the election of the Mayor for the period until September 2014.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

        

 

3.2

Election of Deputy Mayor 2013/2014

 

 

 

 

 

 

 

 

150/13

The Acting General Manager as Returning Officer advised that she had received 2 formal nomination for position of Deputy Mayor, being:

Crs Allen and Britten

She asked if there were any further nominations.

Cr Allen withdrew his nomination and advised of the nomination of Cr Fitzpatrick for the position

RESOLVED on the motion of Crs Hughes and Britten

That Deputy Mayor vote be ordinary ballot by show of hands

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

The ballot was held for the nomination of Cr Britten for the position of Deputy Mayor

IN FAVOUR: Crs Britten, Mawhinney, McBain and Taylor

The ballot was held for the nomination of Cr Fitzpatrick for the position of Deputy Mayor

IN FAVOUR: Crs Allen, Fitzpatrick, Hughes, Tapscott and Seckold

The Returning Officer declared Cr Fitzpatrick was elected as Deputy Mayor

 

RESOLVED on the motion of Crs Mawhinney and Allen

1.     That all nomination papers used in connection with the election of the Deputy Mayor for the period ending September 2014 be destroyed.

 

In favour:     Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen,                           Fitzpatrick and Britten

Against:         Cr Hughes

 

RESOLVED on the motion of Cr Mawhinney and Seckold

2.  That the Chief Executive of the Division of Local Government and the Secretary General of the Local Government and Shires Association be advised of the result of the election of the Deputy Mayor for the period until September 2014.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:  Nil

 

 

2:19pm          The meeting was adjourned for a short recess

2:24pm           The meeting resumed

 

The Mayor Cr Taylor addressed the chamber

 

I am honoured to be given the confidence of Councillors in returning me as Mayor of the Bega Valley Shire. This demonstrates satisfaction in the direction we are heading and the decisions we are making. It allows us to continue improving the social, economic and environmental aspects of the Shire. 

 

I am pleased to have Cr Fitzpatrick serving again as Deputy Mayor. Cr Fitzpatrick’s extensive experience in Council leadership roles and community advocacy will continue to benefit the Shire. It’s been a privilege serving the 33,000 people living in the Shire as well as the many thousands more who visit us in this beautiful part of the world.

 

We’ve a lot of projects in planning, development and building stages, and we’re exploring new and effective ways of involving the community in the decision-making process by improving our communications and engagement processes.

 

It’s a big year ahead, and I look forward to working with each Councillor in securing investment, considered development and a sustainable future for the Bega Valley Shire.

 

3.3

Meeting Date Schedule 2013/2014

151/13

RESOLVED on the motion of Crs Britten and Seckold

That Councillors set the meeting date schedule for the period to September 2014 on a three weekly cycle as detailed, with a variation following the December meeting to allow for public holidays and that meetings commence at 2 pm:

Wednesday, 25 September 2013

Wednesday, 16 October 2013
Wednesday, 6 November 2013

Wednesday, 27 November 2013
Wednesday, 18 December 2013     (5 week break)
Wednesday, 22 January 2014
Wednesday, 12 February 2014
Wednesday, 5 March 2014
Wednesday, 26 March 2014
Wednesday, 16 April 2014
Wednesday, 7 May 2014
Wednesday, 28 May 2014
Wednesday, 18 June 2014
Wednesday, 9 July 2014
Wednesday, 30 July 2014
Wednesday, 20 August 2014
Wednesday, 10 September 2014

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

 

3.4

Council Meeting Agenda - Order of Business

152/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.      That Council note the report.

2.      That Council adopt the order of business for meetings of the Council as contained in the report to Council on 4 September 2013

·   Confirmation of Minutes Ordinary Meeting (date)

·   Confirmation of Minutes Extraordinary Meeting (date)

·   Apologies and Requests for Leave of Absence.

·   Declarations.

·   Deputations.

·   Petitions.

·   Mayoral Minutes or Announcements.

·   Staff Reports (including advisory committee reports).

·   Delegates Reports.

·   Rescission/Alteration Motions.

·   Notices of Motion.

·   Urgent Business.

·   Questions on Notice and Responses to Questions without Notice from previous meeting.

·   Questions for the Next Meeting.

·   Confidential Business – Closed Session

§  Closed Session Adjournment.

§  Matters to be considered in Closed Session:  Determination.

·             Adoption of decisions reached in Closed Session.

·             Declassification of reports considered previously in Closed Session

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

3.5

Councillor Portfolios, Agenda and Reporting Theme Areas

153/13

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council name the theme reporting and portfolio structure:

·    Sustainability (Planning and Environment)

·    Liveability (Community and Relationships)

·    Enterprising (Economic)

·    Accessibility (Infrastructure Waste and Water)

·    Leading Organisation (Governance and Strategy)

2.      That the objective and terms of reference for each portfolio be noted.

3.       That all Councillors be members of the Standing Committees

4.      That the following  Councillors be elected to chair each committee:

·    Sustainability (Planning and Environment)                    Cr Britten

·    Liveability (Community and Relationships)                     Cr Seckold

·    Enterprising (Economic)                                                  Cr McBain

·    Accessibility (Infrastructure Waste and Water)               Cr Fitzpatrick

·    Leading Organisation (Governance and Strategy)         Cr Mawhinney

5.      That the titles Planning and Environment, Community and Relationships, Economic,          Infrastructure and Governance and Strategy continue to follow the appropriate          portfolios.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

3.6

Committee and Panel - Delegates and Representatives

 

RESOLVED on the motion of Crs Seckold and Mawhinney

5.      That Councillors provide details of meeting times and dates for council committees          as well as non-council committees that they are delegates for, and that this          information be published on Councils website.

 In favour:      Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen,                             Fitzpatrick and Britten

Against:            Nil

 

RESOLVED on the motion of Crs Britten and Fitzpatrick

6.      That Council amalgamate the General Sports Ground Committee and the General          Sportsground and Recreation Management Committee.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

Southern Councils Group

Nomination of Cr Britten & Allen as alternate delegate was put to the vote:

Cr Britten

IN FAVOUR: Crs Britten, McBain, Tapscott, Mawhinney and Taylor

Cr Allen

IN FAVOUR: Crs Allen, Fitzpatrick, Hughes and Seckold

Cr Britten was declared the alternate delegate.

 

Sapphire Coast Tourism Limited Board

Nomination of Cr Tapscott & Britten as the delegate was put to the vote:

Cr Britten

IN FAVOUR: Crs Britten, Mawhinney and Taylor

Cr Tapscott

IN FAVOUR: Crs McBain, Hughes, Seckold, Allen, Fitzpatrick and Tapscott

Cr Tapscott was declared the delegate.

 

Southern Joint Regional Planning Panel (Ministerial Appointment)

Nomination of Crs Britten,  McBain and Hughes as delegates was put to the vote:

Cr Bitten

IN FAVOUR: Crs Britten, Tapscott, Mawhinney and Taylor

Cr McBain

IN FAVOUR: Crs McBain, Fitzpatrick and Allen

Cr Hughes

IN FAVOUR: Crs Hughes and Seckold

Crs Britten & McBain were declared the delegates.

Nomination of Crs Allen and Hughes as 1st alternative delegate was put to the vote:

Cr Hughes

IN FAVOUR: Crs Hughes, Tapscott, Seckold, Mawhinney and Taylor,

Crs Allen

IN FAVOUR: Crs Britten, McBain, Fitzpatrick and Allen

Cr Hughes was declared the 1st alternative delegate.

 

Country Public Library Association

Nomination of Crs Mawhinney and Allen for the delegate was put to the vote:

Cr Mawhinney

IN FAVOUR: Crs Britten, Hughes, Mawhinney and Taylor

Cr Allen

IN FAVOUR: Crs McBain, Fitzpatrick, Seckold, Allen and Tapscott

Cr Allen was declared the delegate.

 

154/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.      That Council note the definitions and purpose of Committees and Panels

2.      That Council confirm the delegates and alternates to Committees, Panels and Organisations as outlined in the table.

Section 355 Committee/Panel

Delegate/
Representative
2012/13

Delegate/
Representative 2013/14

Coastal Planning and Management Panel

 

Cr Britten

Cr Hughes (alternate)

Cr Britten

Cr Hughes(alternate)

General Cemetery Management Committee

Cr Tapscott

Cr Tapscott

General Halls Management Committee

Cr Mawhinney

Cr Mawhinney

General Sportsground Committee

amalgamated with the

General Sportsground and Recreation Management Committee

 

Cr Britten

Cr Britten

Cr Fitzpatrick

Cr Allen

Note: Council resolved to amalgamate the General Sportsground Committee with the General Sportsground and Recreation Management Committee

Access Committee

Cr Tapscott

Cr Tapscott

 

Internal or Community Committee/Panel

Delegate/
Representative
2012/13

Delegate/
Representative 2013/14

Integrated Water Cycle Management reference Panel

Cr Hughes

Cr Britten

1st Delegate - Cr Hughes

2nd Delegate - Cr Britten

Community Environment Grants Committee

New Committee

1st Delegate – Cr Hughes

2nd Delegate – Cr Mawhinney

Heritage Grants Committee

New Committee

1st Delegate – Cr Hughes

2nd Delegate – Cr Seckold

Internal Audit Committee

Cr Mawhinney

Cr Mawhinney

Police Liaison Committee

Mayor – Cr Taylor

Mayor – Cr Taylor

Local Traffic Committee

Traffic Development Advisory Committee

Cr Fitzpatrick

Cr Fitzpatrick

Cultural Planning Committee

Note it is now recommended by this committee that topic specific focus groups be established when appropriate to progress the achievement of outcomes in the community strategic plan and delivery plan which resulted from the adoption of the cultural response paper

Cr Seckold

Note: This committee has resolved to be a focus committee only. No delegate is required.

General Sportsground and Recreation Management Committee

Last year of operation 2013/14
Recommended that the nominee to the General Sportsground Committee also chair this committee

Cr Allen
Cr Fitzpatrick

Note: Council resolved to amalgamate the General Sportsground Committee with the General Sportsground and Recreation Management Committee

Bega Valley Shire "On Track" Committee

Cr Seckold

Cr Seckold

Bega Valley Medallion Committee

Mayor – Cr Taylor

Mayor - Taylor

Youth Council

Cr Seckold

Cr McBain

Cr Seckold

 

 

External Groups Committee/Organisation

Delegate/
Representative
2012/13

Delegate/
Representative 2013/14

Southern Councils Group

Mayor – Cr Taylor

Cr Allen

1st Delegate – Mayor Cr Taylor

2nd Delegate - General Manager or Cr Britten

Local Government NSW (was LGSA & Shires Association)

Mayor – Cr Taylor

1st Delegate - Mayor Cr Taylor

2nd Delegate – Cr Mawhinney

3rd Delegate – Cr Tapscott

Sapphire Coast Tourism Limited Board

Cr McBain

Cr Tapscott

Southern Joint Regional Planning Panel (Ministerial Appointment)

 

Cr Allen
Cr Britten
Cr McBain (alternate 1)
Vacant (alternate 2)

1st Delegate – Cr Britten

2nd Delegate – Cr McBain

1st Alternate  - Cr Hughes

2nd Alternate  - Cr Allen

South East Arts

Cr Seckold

Cr Seckold

Bega Valley Bush Fire Management

Cr Allen

Cr Tapscott

Bega Valley Business Forum

Cr Allen

Cr McBain

Country Public Library Association

Cr Allen

Cr Allen

Mumbulla Foundation

Cr Mawhinney

Cr Mawhinney

South East Region Academy of Sport

Cr Seckold

Cr Seckold

Sapphire Aquatic Ltd
Note: Council has now taken over care and control of the facility

Cr McBain
Cr Fitzpatrick (alternate)

N/A

Biamanga National Park

Ministerial Appointment

Cr Hughes

Cr Hughes

Batemans Marine Park

Ministerial Appointment

Cr Hughes

Cr Hughes

3.      That the Councillor/s nominated as Portfolio chairs, be Council delegate to relevant Reference Panels as outlined in the above Committee and Panel Structure

4.      That all the Committees and Organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and the like, directly to the Council appointed delegates

5.      That Councillors provide details of meeting times and dates for council committees          as well as non-council committees that they are delegates for, and that this          information be published on Councils website.

 6.     That Council amalgamate the General Sports Ground Committee and the General     Sportsground and Recreation Management Committee.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

 

3.7

Delegations

155/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.     That Council delegate authority to the Mayor and General Manager (and Committees) in accord with the attached Part 1: Register of Delegations - to Council, Mayor, Committees and General Manager.

2.     That in Standing committee point F, that two words be removed.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

3.8

Councillor Development Program

156/13

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council note the Councillors Development Program for 2013/14.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

3.9

Gift Register

157/13

RESOLVED on the motion of Crs McBain and Tapscott

That Council note the Gift Register activities since September 2012.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

3.10

Pecuniary Interest Returns and Declarations

158/13

RESOLVED on the motion of Crs Mawhinney and Seckold

1.         That Councillors note that they are required to lodge Pecuniary Interest Returns under Section 449 of the Local Government Act.

2.         That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 4 September 2013 be “designated persons” under the provisions of the Local Government Act requiring them to submit a Pecuniary Interest Return.

In favour:        Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

 

 

4.         Confidential Business

There was no confidential business

5.         Adoption of reports from Closed Session

There were no adoption of report from closed session

6.         Resolutions to declassify reports considered in closed session

There were no reports to declassify

Closure

There being no further business, the Chairperson closed the meeting at 2.55 pm.

 

CONFIRMED ........................................................................................................

CHAIRPERSON

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 4 September 2013 at which meeting the signature hereon was subscribed.