Ordinary Meeting Minutes

Held on Wednesday 9 August 2017

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

 In Attendance

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Ms Kelly McDowall

 

 

Statement of Commencement of Live Streaming

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.

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council 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.

Confirmation of Minutes

141/17

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 28 June 2017 with an amendment to the Ordinary Meeting minutes Item13.2 Adoption of Draft Delivery Program 2017 - 2021 and Operational Plan 2017 - 2018 , Annual Budget 2017 - 2018, Fees and Charges 2017-18 and Making of the Rates and Charges for 2017 – 2018, being that the amount in the following  table be amended Residential % of total rate from 81.58% to 81.52%

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

3.    Declarations

Non Pecuniary Interest

Cr Fitzpatrick declared a non pecuniary interest regarding Item 21.2, Code of Conduct on the basis that he is a person the report is based on.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Fitzpatrick will depart the meeting room, and take no part in debate or voting on this item.

Cr Bain declared a non pecuniary interest regarding Item 21.2, Code of Conduct on the basis that as per Item 8.48 Code of Conduct procedural guidelines.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

Cr Bain will depart the meeting room, and take no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

There were no deputations.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.    Urgent Business

There was no urgent business.

8.

Adjournment into Standing Committees

 

There were no reports to the Standing Committee.

 

9.    Staff Reports – Planning and Environment (Sustainability)

Nil

10.  Staff Reports – Community, Culture and Leisure (Liveability)

Nil

11.  Staff Reports – Economic Development and Business Growth (Enterprising)

Nil

12.  Staff Reports – Infrastructure Waste and Water (Accessibility)

Nil

13.  Staff Reports – Governance and Strategy (Leading Organisation)

Nil

14.  Staff Reports – Finance (Leading Organisation)

Nil

15.

Adoption of reports from Standing Committees

 

There was no standing committees.

16.      Councillor Reports

There were no Councillor reports.

17.      Rescission/alteration Motions

There were no rescission/alteration motions.

18.      Notices of Motion

There were no notices of motions.

19.      Questions On Notice

There were no questions on notice.

20.  Questions for the Next Meeting

20.1

Communicating the amnesty period to businesses in the Shire

 

Cr Robyn Bain asked how is Council communicating to the businesses in the Shire that there is an amnesty period of 12 months being applied to the application fee for new A Frames signage for placement on the footpaths.  Is this via post, Rangers or electronic means?

The Question was taken on notice for response by the Director Planning and Environment.

 

20.2

Columbo Park, Bemboka 2016/2017 fees

 

Cr Robyn Bain asked how is Council communicating to the Lions Club and community members that the fees for Columbo Park in Bemboka for the 2017/2018 rate is $1,200.

The Question was taken on notice for response by the Director Community, Relations and Leisure.

 

General Manager statement of apology

The General Manager apologised to Crs Fitzpatrick, Bain and Council for the procedural oversight which resulted in this matter having to be reconsidered by Council.

21.  Confidential Business

 

Adjournment Into Closed Session

 

Cr Fitzpatrick declared a non pecuniary interest regarding Item 21.2, Code of Conduct on the basis that he is a person the report is based on.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Bain declared a non pecuniary interest regarding Item 21.2, Code of Conduct on the basis that as per Item 8.48 Code of Conduct procedural guidelines.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

 

A point of order was called.  The Mayor advised that nothing can be discussed in regard to the code of conduct matter investigators report in open session.

A Motion was moved of Crs Nadin and Allen

That Council not adjourn into Closed session and discuss the matter in the open session.

The General Manager consulted Council’s Code of Meeting Practice (Procedure 5.02.2) and the Local Government Meeting Practice Note, to determine whether the motion could be submitted. It could be.

It was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

 

 

Recommendation

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential item:

21.1    Code of Conduct Matter

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

 

Statement of Cessation of Live Streaming for the period of the Closed Session.

The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.

02:28 pm     The Meeting adjourned to the Closed Session.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would  recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

04:30 pm     The Ordinary Meeting was reconvened.

22.  Adoption of reports from Closed Session

21.1

Code of Conduct Matter

142/17

Resolved on the motion of Crs Seckold and Griff

That Council adopt the recommendations of the Closed Session noting votes for and against as listed below:

In favour:             Crs Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

      A Motion was moved by Cr Nadin and Griff

1      That Council note the Code of conduct investigation against Cr Russell Fitzpatrick

2      That Council, as per the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW determine the complaint by resolving to:

·      Not adopt the Independent Reviewer's recommendations and advise the Office of Local Government of the decision including reasons for this decision (clause 8.57 of the Procedures), being:

·      The recommendations do not accord with Councillors' views of Cr Fitzpatrick's behaviour as a Councillor in this matter.  Cr Fitzpatrick has been involved in the projects in Snug Cove in his role as a Councillor since 2009 and not as a private citizen.

3           Further training on Code of Conduct matters particularly focusing on pecuniary and non-pecuniary be held as a priority for all Councillors.

In favour:             Crs Nadin, Griff, McBain, Seckold, Dodds and Allen

Against:     Cr Tapscott

Absent:        Crs Fitzpatrick and Bain

 

A motion was moved by Crs Dodds and Seckold

1.      That Council note the Independent Reviewers report.

2.      That Council endorse the resolution of the 17 May 2017 Item 21.1 Closed session in relation to the Code of Conduct matters relating to Cr Bain.

In favour:             Crs Griff, McBain, Seckold, Tapscott and Dodds

Against:     Crs Nadin and Allen

Absent:        Crs Fitzpatrick and Bain

 

A motion was moved by Crs Dodds and Griff

1.       That Council note the apology of the General Manager to Crs Fitzpatrick and Bain and Council for the procedural oversights which resulted in this matter having to be reconsidered by Council.

2.       That Council notes Cr Bain’s apology at the meeting of 7 June 2017 and now considers the matter is resolved and finalised and also notes the plans in place for additional Councillor training on the Code of Conduct.

3.       That the all resolutions of the Closed session be released in the open meeting.

In favour:             Crs Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:     Nil

Absent:        Crs Fitzpatrick and Bain

 

23.  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 4.34 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 9 August 2017.