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ExtraordinaryMeeting Notice and Agenda
An Extraordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 18 January 2017 commencing at 9.00 am to consider and resolve on the matters set out in the attached Agenda.
12 January 2017
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act 1993 and regulations or dispensation issued by the Office of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:
Ordinary meeting held on _____ / _____ / 20___
dd mm yy
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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Print Name |
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* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.
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Extraordinary Council |
18 January 2017 |
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
3.1 Safe Schools Coalition Australia...................................................................................................... 6
3.2 EOI 104/16 142-144 Imlay St. Eden Purchase, restoration and other conditions of sale.... 8
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Extraordinary Council 18 January 2017 |
Item 3.1 |
3.1. Cr Russell Fitzpatrick - Safe Schools Coalition Australia
Rescission Motion
Cr Fitzpatrick lodged a Rescission Motion on 14 December, 2016, regarding the Resolution of Council on 14 December, 2016 –Item 18.2: Safe Schools Coalition Australia.
1. That the Mayor and General Manager, on behalf of Council, signs the Safe Schools Coalition Australia pledge:
“We believe that schools should provide a safe and inclusive environment for all students, so that they can learn, grow, and reach their full potential – free from bullying and discrimination. We pledge to stand up against homophobia and transphobia whenever we see or hear it. We are proud to support Safe Schools Coalition Australia and its work to create positive change for same sex attracted, intersex and gender diverse students, school staff and families.”;
2. That Council write to the Federal Government requesting continued funding of Safe Schools Coalition Australia.
3. That Council write to the NSW State Government requesting that it follow the example of the Victorian State Government by funding Safe Schools Coalition Australia, in the event that the Federal Government fails to do so.
The Rescission Motion was signed electronically by:
Cr Russell Fitzpatrick, Cr Tony Allen and Cr Mitchell Nadin
Alternate Motion
An alternate motion has been received from Crs McBain, Tapscott and Nadin
1. That Council note the demise of funding for the Safe Schools Program in 2017 and write to the Federal Government supporting the retention of a program and requesting continued funding for that school education program aimed at anti bullying measures and support programs for young people, especially those identifying as LGBTQI.
2. That Council write to the NSW State Government requesting it funds a school education program aimed at anti bullying measures and support programs for young people, in the event that the Federal Government does not fund it.
General Manager
Attachments
Nil
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Rescission Motion That item 18.2 Notice of Motion Safe Schools Coalition Australia as resolved at the meeting on 14 December 2016 be rescinded. Alternate Motion (to be considered if Rescission motion is successful) 1. That Council note the demise of funding for the Safe Schools Program in 2017 and write to the Federal Government supporting the retention of a program and requesting continued funding for that school education program aimed at anti bullying measures and support programs for young people, especially those identifying as LGBTQI. 2. That Council write to the NSW State Government requesting it funds a school education program aimed at anti bullying measures and support programs for young people, in the event that the Federal Government does not fund it. |
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Extraordinary Council 18 January 2017 |
Item 3.2 |
Cr Bain lodged a Rescission Motion on 16 December, 2016 regarding the Resolution of Council on 14 December 2106 – Item 22.3 (Item 11.6 deferred from the Ordinary Meeting) EOI 104/16 142-144 Imlay Street, Eden Purchase, restoration and other conditions of sale:
1. That Council note the EOI process has closed.
2. That Council explore the subdivision of the car park space and laneway and review toilet infrastructure.
3. That Council proceed to an open tender process
An alternate Motion was also received:
That Council move to a selective tender process and invite all parties who submitted EOIs to participate in the selective tender process.
The Rescission Motion and Alternate Motion were signed electronically by:
Cr Robyn Bain, Cr Tony Allen and Cr Russell Fitzpatrick
General Manager
Nil
