Extraordinary Meeting Minutes

Held on Tuesday, 11 January 2022

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm

 


 Present

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Liz Seckold

Cr Karen Wright

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Senior Communications Officer, Ms Sharon Wellard

Minute Secretary, Mrs Jackie Grant

 

 

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 Owners 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.

 

Councillors took the oath of office or affirmation of office on Tuesday 11 January 2022 or prior in the Council Chambers, Zingel Place, Bega.

2.          Declarations

Non Pecuniary Interest

Cr Wright, declared a non pecuniary interest and less than significant regarding Item 3.8 Appointment of Council Delegates and Alternates to Internal and External Committees . A signed declaration form was tabled by Cr Wright and she will remain in the chamber and vote.

2a.       Public forum

There was no Public Forum.

3.          Staff Reports – Business and Governance

 

3.1

Election of Mayor

 

The Chief Executive Officer, as Returning Officer advised that he had received three formal nominations for position of Mayor, being:

·         Cr Tony Allen                     (Nominated Cr Porter, Seconded Cr Allen, Accepted by Cr Allen)

        Cr Allen provided a statement to the meeting.

        Cr Allen was granted a 2 minute extension

        RESOLVED on the motion of Crs Fitzpatrick and Nadin

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil      

 

The Returning Officer adjourned the meeting at 2:19 pm

The Returning Officer reconvened the meeting at 2:25 pm

·         Cr Helen O’Neil                (Nominated Cr O’Neil, Seconded Cr Wright, Accepted by Cr                                                        O’Neil)

        Cr O’Neil provided a statement to the meeting.

·         Cr Russell Fitzpatrick      (Nominated Cr Nadin, seconded Cr Seckold, accepted Cr                                                              Fitzpatrick)

        Cr Fitzpatrick provided a statement to the meeting.

The Mayor assumed the chair at 2:36 pm

1/22

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That the election of Mayor for the period 11 January 2022 until September 2023 proceed as outlined in the report with appropriate Resolutions.

2.    That the election of the Mayor for the period 11 January 2022 until September 2023 proceed by open voting by way of show of hands.

        The Returning Officer asked for open voting by way of show of hands for:

        Cr Allen – Cr Allen

        Cr O’Neil – Crs O’Neil, Griff

        Cr Fitzpatrick – Crs Fitzpatrick, Robin, Nadin, Seckold, Wright, Porter

        The Returning Officer advised that for the position of Mayor, Cr Fitzpatrick was declared elected Mayor for the period 11 January 2022 to September 2023.

3.    That should there be more than one Mayoral candidate, each Mayoral candidate is provided the opportunity to speak to their nomination for five minutes with the order of speakers to be based on the order in which the nominations were received.

4.   That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending September 2023 be destroyed.

5.    That the Chief Executive of the Office of Local Government and the Chief Executive of the         Local Government NSW be advised of the result of the election of the Mayor for the period         from 11 January 2022 until September 2023.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

3.2

Election of Deputy Mayor

 

A statement was made by the Chief executive Officer that Deputy Mayoral nominations were received from:

·         Cr Helen O’Neil                (Nominated Cr O’Neil, Seconded Cr Wright, Accepted Cr O’Neil)

Cr O’Neil withdrew her Deputy Mayoral nomination.

·         Cr Cathy Griff                    (Nominated Cr Griff, Seconded Cr Robin, Accepted Cr Griff)

·         Cr Liz Seckold                    (Nominated Cr Fitzpatrick, Seconded Cr Seckold, Accepted Cr                                                    Seckold)

A motion was moved by Crs Nadin and Porter

1.    That council resolve not to elect a Deputy Mayor for the term to September 2023

2.    That it be noted the Mayor can delegate attendance at civic functions to other Councillors         where required

3.    That it be noted that council can elect an alternate chair for all or part of a council meeting in         the absence of the Mayor

The motion was put to the vote and it was LOST.

In favour:             Crs Nadin, Allen, Porter and Wright

Against:                  Crs Fitzpatrick, Griff, Seckold, O'Neil and Robin

 

A motion was foreshadowed by Crs O’Neil and Griff

1.    That Council resolve to elect a Deputy Mayor until September 2023.

2.    That the election of Deputy Mayor for the period until September 2023 proceed as outlined         in the report with appropriate resolutions.

3.    That the election of the Deputy Mayor for the period until September 2023 proceed by voting by way open voting by way of show of hands.

4.    That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2023 be destroyed.

5.    That the Chief Executive of the Office of Local Government and the Chief Executive of the         Local Government NSW be advised of the result of the election of the Deputy Mayor for         the period until September 2023.

6.    That should there be more than one Deputy Mayoral candidate, each Deputy Mayoral         candidate is provided the opportunity to speak to their nomination for five minutes with the         order of speakers to be based on the order in which the nominations were received.

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Griff, Seckold, O'Neil and Robin

Against:                  Crs Nadin, Allen, Porter and Wright

 

Cr Griff provided a statement to the meeting.

Cr Seckold provided a statement to the meeting.

03:02 pm      Cr Porter left the meeting.

2/22

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council resolve to elect a Deputy Mayor until September 2023.

2.    That the election of Deputy Mayor for the period until September 2023 proceed as outlined         in the report with appropriate resolutions.

3.    That the election of the Deputy Mayor for the period until September 2023 proceed by open voting by way of show of hands.

The Returning Officer asked for open voting by way of show of hands for:

        Cr Griff – Crs Griff, O’Neil

        Cr Seckold – Crs Robin, Fitzpatrick, Seckold, Allen, Wright

        ABSTAIN – Cr Nadin

        ABSENT -  Cr Porter

        The Returning Officer advised that for the position of Deputy Mayor, Cr Seckold was declared elected Deputy Mayor for the period 11 January 2022 to September 2023.

4.    That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2023 be destroyed.

5.    That the Chief Executive of the Office of Local Government and the Chief Executive of the         Local Government NSW be advised of the result of the election of the Deputy Mayor for         the period until September 2023.

6.    That should there be more than one Deputy Mayoral candidate, each Deputy Mayoral         candidate is provided the opportunity to speak to their nomination for five minutes with the         order of speakers to be based on the order in which the nominations were received.

In favour:             Crs Fitzpatrick, Griff, Seckold, O'Neil and Robin

Against:                  Crs Nadin, Allen, Porter and Wright

 

 

 

3.3

Oath and Affirmation for Councillors

3/22

RESOLVED on the motion of Crs Allen and O'Neil

1.    That it be noted that all elected Councillors took the oath of office or affirmation of office on Tuesday 11 January 2022 or prior in the Council Chambers, Zingel Place, Bega.

        Oath:

        Cr Anthony Allen

        Cr Russell Fitzpatrick

        Cr Mitchell Nadin

        Cr David Porter

        Cr Karen Wright

        Affirmation:

        Cr Cathy Griff

        Cr Helen O’Neil

        Cr Marcella Robin

        Cr Liz Seckold

2.    That a formal record of this action is kept by Council by way of the minutes of this meeting.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Porter

 

 

 

3.4

Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

4/22

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council endorse draft Policy 6.23 Payment of Expenses and Provision Facilities for Councillors

2.    That Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors be exhibited for a period of 28 days.

3.    That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

4.    That Policy 6.23 replaces Procedure 6.02.4 Payment of Expenses and Provision Facilities for Councillors

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Porter

 

 

 

3.5

Council Meeting Agenda - Order of Business

5/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council notes the report.

2.    That Council adopts the order of business for meetings of the Council as follows:

·    Statement of Commencement of Live Streaming

·    Acknowledgement of Traditional Custodians of Bega Valley Shire

·    Apologies and Requests for Leave of Absence

·    Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

·    Declarations

·    Public Forums – report by Mayor of deputations heard prior to the meeting

·    Petitions

·    Mayoral Minutes or Announcements

·    Urgent Business

·    Staff Reports

·    Councillor Reports

·    Rescission/Alteration Motions

·    Notices of Motion

·    Questions with Notice

·    Questions without Notice

·    Confidential Business – Closed Session

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

·    Statement of Re-Commencement of Live Streaming

·    Noting of resolutions from Closed Session

·    Declassification of reports considered previously in Closed Session

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Porter

 

 

 

3.6

Council Meeting Dates February 2022 - December 2022

6/22

RESOLVED on the motion of Crs Nadin and O'Neil

1.   That Councillors adopt the meeting dates for the remainder of 2022 as noted below:

 

Wednesday, 9 February 2022

Ordinary

Wednesday, 16 March 2022

Ordinary

Wednesday, 20 April 2022

Ordinary

Wednesday, 4 May 2022

Ordinary

Wednesday, 18 May 2022

Ordinary

Wednesday, 15 June 2022

Ordinary

Wednesday, 29 June 2022

Ordinary

Wednesday, 20 July 2022

Ordinary

Wednesday, 17 August 2022

Ordinary

Wednesday, 21 September 2022

Ordinary

Wednesday, 19 October 2022

Ordinary

Wednesday, 16 November 2022

Ordinary

Wednesday, 14 December 2022

Ordinary

 

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Porter

 

03:03 pm      Cr Porter returned to the meeting.

 

3.7

Establishment of Committees with Delegated Authority and Advisory Committees

7/22

RESOLVED on the motion of Crs Nadin and Wright

That Council:

1.    Establish, adopt the guidelines (Attachments 1-6) and delegate the functions as described in the relevant guidelines for the following Section 355 Committees:

a)       General Cemetery Advisory Committee

b)      General Community Halls Committee

c)       General Sportsground Committee

d)      Montreal Goldfields Management Committee

e)      Bega Valley Shire Awards Committee

f)        Bega Valley Shire Grants Committee

2.      Establish and adopt the guidelines or charters (Attachments 7-15) for the following Advisory Committees:

a)       Audit, Risk and Improvement Committee

b)      Bega Valley Community Disaster Relief Fund

c)       Access and Inclusion Advisory Committee

d)      Bega, Eden, Merrimans Aboriginal Liaison Committee

e)      Central Waste Facility Community Consultation Committee

f)        Coast and Flood Management Committee

g)       Police Liaison Committee

h)      Bega Valley Museum Advisory Group

i)        Local Traffic Committee

j)        Saleyards Advisory Group

3.    Call for expressions of interest from the community for membership of relevant committees.

4.    Contact agencies requested to join relevant committees asking them to nominate a delegate to the committee.

5.    Receive and note advice regarding the development of the Guidelines for the Saleyards Advisory Group.

6.    That staff prepare a report that provide options for a multi-disciplinary design review         committee including a draft terms of reference.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

 

3.8

Appointment of Council Delegates and Alternates to Internal and External Committees

8/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council confirms the delegates and alternates to the following committees established by Council:

a)       General Cemetery Advisory Committee

        Delegate: Cr Seckold
        Alternate: Cr Robin

b)      General Community Halls Committee

        Delegate: Cr O’Neil
        Alternate: Cr Griff

c)       General Sportsground Committee

        Delegate: Cr Nadin
        Alternate: Cr Porter

d)      Montreal Goldfields

        Delegate: Cr Seckold
        Alternate: Cr Wright

e)      Bega Valley Shire Awards Committee

        Delegates: Mayor, Crs Robin and Wright

f)        Bega Valley Shire Grants Committee

        Delegates: Mayor, Crs Griff and Wright
        Alternate: Cr Robin

g)       Audit, Risk and Improvement Committee

        Delegate: Cr O’Neil

h)      Access and Inclusion Advisory Committee

        Delegate: Cr Nadin
        Alternate: Cr Porter

i)        Bega Valley Museum Advisory Group

        No delegate

j)        Bega, Eden, Merriman’s Aboriginal Liaison Committee

        Delegate: Mayor
        Alternate: Cr Seckold

k)       Bega Valley Community Disaster Relief Fund

        Delegates: Mayor, Crs Seckold and Griff

l)        Central Waste Facility Community Consultation Committee

        Delegates: Mayor and Cr Wright

m)    Coast and Flood Planning Management Committee

        Delegates: Mayor, Crs Robin and Seckold

n)      Police Liaison Committee

        Delegate: Mayor

o)      Local Traffic Committee

        Delegate: Cr Porter

p)      Saleyards Advisory Group

        Delegate: Cr Allen

2.    That Council confirm the delegates and alternates to the following external committees of Council:

a)    Australian Coastal Councils Association

        Delegate: Cr Robin

b)    Batemans Marine Park

        No delegate

c)    Bega Valley Bush Fire Management

        Delegates: Cr Allen and Porter

d)    Biamanga National Park

        Delegate: Cr Seckold

e)    Country Mayors Association

        Delegate: Mayor

f)     Canberra Region Joint Organisation

        Delegate: Mayor

g)    Mumbulla Foundation

        Delegates: Crs O’Neil and Griff

h)    NSW Public Library Association

        Delegate: Cr Griff

i)     South East Arts

        Delegate: Cr Griff

j)     South East Australian Transport Strategy (SEATS)

        Delegate: Cr Fitzpatrick

k)    Southern Regional Planning Panel

        Delegates: Crs Nadin and Fitzpatrick
        Alternates: Crs Porter and Griff

3.    That the secretariats for committees listed in Part 2 of the recommendation be advised of the appointed delegates and that they be requested to forward notice of meetings and invitations directly to the Council appointed delegate and to Council’s customer service address.

4.    That terms of reference and respective governing documents be adjusted where necessary to    reflect the number of appointed council delegates.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

 

3.9

Countback Elections for filling Councillor casual vacancy

9/22

RESOLVED on the motion of Crs O'Neil and Robin

Pursuant to section 291A(1)(b) of the Local Government Act 1993 (the Act) Bega Valley Shire Council declares that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act and directs the general manager to notify the NSW Electoral Commission Council’s decision within 7 days of the decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

 

3.10

Local Government NSW Special Conference 2022

10/22

RESOLVED on the motion of Crs Nadin and Wright

1.    It is recommended that Council endorse the Mayor and Councillors O’Neil and Porter as         voting delegates for the 2022 LGNSW special conference and note the Chief Executive         Officer’s attendance at the conference.

2.    That Council endorse Cr Griff’s attendance as a non-voting delegate.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

Closure

There being no further business, the Chairperson closed the meeting at 3:19 pm.

 

Confirmed

Chairperson

Chairperson of the meeting of the Bega Valley Shire Council held on Tuesday, 11 January 2022 at which meeting the signature hereon was subscribed.