Extraordinary Meeting Minutes

Held on Wednesday, 24 September 2014

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

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary Ms Janelle Curtis

 

Welcome to Country

Mr Russell Cook, CEO, Bega Local Aboriginal Lands Council, acting on behalf of local elders gave the acknowledgement of the traditional custodians, acknowledging the Traditional Custodians of the lands and waters of the shire – the people of Yuin nation and show our respect to elders past and present.

1.

Apologies

 

There were no apologies.

 

2.        Declarations

There were no declarations of interest

Election of Chairperson for the Election of the Mayor

Cr Taylor remained in the chair as he advised he was not re-standing for the position of Mayor or standing for the position of Deputy Mayor

3.        Staff Reports – Leading Organisation

 

3.1

Election of Mayor 2014/2015

 

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

·         Cr Britten

·         Cr Mawhinney

·         Cr Fitzpatrick

·         Cr Hughes

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

RESOLVED on the motion of Crs Allen and Hughes

That the election of the Mayor for the period until September 2015 proceed by voting by way of show of hands

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

Against:           Nil

 

The show of hands was held for the for the position of Mayor through exhaustive ballot.

Cr Hughes was excluded in the first round

Cr Mawhinney was excluded in the second round

208/14

The result of the final round of show of hands for the position of Mayor was Cr Britten

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

Against:           Crs Seckold, Allen and Fitzpatrick

 

The Returning Officer declared that Cr Britten was elected as Mayor for the period until September 2015.

Cr Taylor spoke on his two year term as Mayor and his pride in the Bega Valley Shire Council.  He commented on the development of the Councillors newly elected in 2012.

He noted that in his opinion, in general terms Bega Valley Shire Council is a good Council, not only in financial terms but in caring for the needs of the community.

He spoke on the appointment of Ms Barnes as the General Manager and his confidence in her leadership moving forward.

He thanked the Executive Assistants and other staff who provided administrative support and spoke about the State Government review of Local Government currently underway and the work required in this area by staff and Councillors.

Cr Taylor expressed his disappointment that a campaign had been conducted by local political parties and lobby groups, attempting to convince the public on their preference for Mayor.  He advised he found the interference by outside groups in the Mayoral election process disconcerting.

Cr Taylor handed the Chair to Mayor Britten.

Cr Britten thanked Cr Taylor for his comments and for those competing for the position of Mayor.  He advised he looked forward to participation and co-operation of fellow Councillors and staff.

209/14

RESOLVED on the motion of Crs Allen and Mawhinney

That all nomination papers used in connection with the election of the Mayor for the period ending September 2015 be destroyed.

RESOLVED on the motion of Mawhinney and Seckold.

That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Mayor for the period until September 2015.

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

Against:           Nil

 

3.2

Election of Deputy Mayor 2014/2015

 

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

·         Cr Mawhinney

·         Cr Allen

·         Cr Fitzpatrick

·         Cr Seckold

·         Cr Tapscott

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

Cr Allen withdrew his nomination. 

Nominations for the position of Deputy Mayor were:

·         Cr Mawhinney

·         Cr Fitzpatrick

·         Cr Seckold

·         Cr Tapscott

 

RESOLVED on the motion of  Crs Allen Fitzpatrick

That the election of the Deputy Mayor for the period until September 2015 proceed by open voting by way of show of hands.

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

Against:           Nil

 

The show of hands was held for the for the position of Deputy Mayor through exhaustive ballot. 

Cr Mawhinney was excluded in the first round following drawing by lot.

Cr Fiztpatrick was excluded in the second round.

210/14

The result of the final show of hands for the position of Deputy Mayor was Cr Seckold

In favour:       Crs Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Crs Taylor, Britten, McBain and Tapscott.

 

The Returning Officer declared that Cr Seckold was elected as Deputy Mayor for the period until September 2015.

Cr Fitzpatrick noted it was an honour and privilege to serve the people of the Bega Valley Shire Council.  He complimented all on their roles, and noted Deputy Mayor was a very rewarding job.

211/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

That all nomination papers used in connection with the election of the Deputy Mayor for the period ending September 2015 be destroyed.

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

Against:           Nil

 

RESOLVED on the motion of Crs Seckold and Allen

That the Chief Executive of the Office of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period until September 2015.

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

Against:           Nil

 

3.3

Meeting Date Schedule 2014/2015

212/14

RESOLVED on the motion of Crs Allen and Fitzpatrick

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:

·        Wednesday, 1 October 2014

·        Wednesday, 22 October 2014

·        Wednesday, 12 November 2014

·        Wednesday, 3 December 2014

·        Wednesday, 17 December 2014

·        Wednesday, 14 January 2015

·        Wednesday, 4 February 2015

·        Wednesday, 25 February 2015

·        Wednesday, 18 March 2015

·        Wednesday, 8 April 2015

·        Wednesday, 29 April 2015

·        Wednesday, 20 May 2015

·        Wednesday, 10 June 2015

·        Wednesday, 1 July 2015

·        Wednesday, 22 July 2015

·        Wednesday, 12 August 2015

·        Wednesday, 2 September 2015

·        Wednesday, 23 September 2015

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

Against:           Nil

 

3.4

Council Meeting Agenda - Order of Business

213/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council adopt the order of business for meetings of the Council as contained in the report to Council on 24 September 2014

·         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

·         Adjournment to Standing Committees

·         Staff Reports (including advisory committee reports).

·         Delegates Reports

·         Rescission/Alteration Motions

·         Notices of Motion

·         Urgent Business

·         Questions on Notice

·         Questions for the next meeting

·         Items of Interest relating to Council Business

·         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, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

 

3.5

Amendments to the Code of Meeting Practice

214/14

RESOLVED on the motion of Crs Taylor and Mawhinney

1.       That the following amendments be made:

Duplicate numbering of items be corrected.

Councillor Workshops

Add a statement regarding confidentiality of workshop items “that matters discussed or presented  will be open unless specifically identified as confidential, under the confidential reasons as outlined in the Local Government Act”. to read:

          Matters presented or discussed or items distributed at workshops will be considered open unless specifically identified as confidential, under the confidential reasons as outlined in the Local Government Act.

Open to the Public

Add a sentence after the words Standing Committee Meeting “and to workshops by invitation from time to time”.  Clause 9.7 to read:

Open to Public

The public is welcome at and encouraged/entitled to attend all Council and Standing Committee meetings, and to workshops by invitation, from time to time other than any part of a meeting that the Council or Committee has resolved to close to the public.
LGA S10A

Closed Meetings

An addition –“on any matters contrary to the public interest listed below“. 

Closed Meetings

The Council or a Committee of the Council (including a Committee appointed by the Council under Section 355 of the Act), may close to the public on any matters contrary to the public interest listed below any part of its meeting which comprises discussion on any matters listed below or the receipt or discussion of any of the information so listed.

·         personnel matters concerning particular individuals (other than Councillors);

·         the personal hardship of any resident or ratepayer;

·         information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

·         commercial information of a confidential nature that would, if disclosed:-

§  prejudice the commercial position of the person who supplied it; or

§  confer a commercial advantage on a competitor of the Council; or
reveal a trade secret.

·         information that would, if disclosed, prejudice the maintenance of law.

·         matters affecting the security of the Council, Councillors, Council staff or Council property;

·         advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

·         information concerning the nature and location of a place or an item of Aboriginal significance on community land.

Questions on Notice be amended

Paragraph three insert after the first sentence “Questions should not relate to operational matters”

Insert a new point after paragraph three “A Councillor may only submit two questions on notice at any one meeting.”

Clause 30 to read:

Questions on Notice

            A Councillor may submit a question in writing in relation to any bona-fide business of the Council.  Questions are to be directed to another Councillor or member of staff by name at Ordinary meetings of the Council.

            All questions are to be delivered to the General Manager and are to form part of the Agenda for the next scheduled Ordinary meeting of the Council for which an Agenda has not been completed.

            Every question on notice is to be signed by the Councillor putting it and is to be direct and succinct in its terms.  Questions should not relate to operational matters.  Questions are not to include argument or statements of opinion and to the extent that they do they will be modified by the Mayor or General Manager as appropriate.

            A Councillor may only submit two questions on notice at any one meeting.

            At the meeting at which the question forms part of the Agenda the Mayor or General Manager (as appropriate) is to determine whether the question relates to bona-fide business of the Council.

            Questions designed only to criticise or embarrass another Councillor or member of staff are to be rejected by either the Mayor or General Manager (as appropriate).

            Approved questions are to be answered by the Councillor or member of staff to whom they are asked.  Answers may be given verbally or in writing.  Written answers are to be included in the business paper.  Verbal answers may be summarised for inclusion in the minutes.

Question for the next meeting:

Insert a new point

A Councillor may only ask two questions for the next meeting at any one meeting.

2.      That the revised Code of Meeting Practice be placed on public exhibition for a period of 28 days.

3.      That the revised Code of Meeting Practice be adopted, or if feedback is received, a further report be presented to Council.

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

Against:           Nil

 

Closure

There being no further business, the Chairperson closed the meeting at 2.32 pm.

 

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

CHAIRPERSON

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 1 October 2014 at which meeting the signature hereon was subscribed.