Extraordinary Meeting Minutes

Held on Wednesday, 7 June 2023

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2.00pm

Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director, Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Engagement, Ms Kellie Dodge

Governance Coordinator (Minute Secretary), Mrs Janelle Curtis

The Meeting opened at 2.00 pm

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.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

2.07 pm The Meeting was adjourned to resolve technical difficulties inhibiting the audio of the live streaming.

2.14 pm The Mayor recommenced the meeting and the Mayor repeated the above statements.

1.	Apologies
	There were no apologies

2. Declarations

There were no declarations of interest

3. Staff Reports – Business and Governance

3.1	Proposed divestment of Bega Valley Regional Learning Centre

4. Confidential Business

Adjournment Into Closed Session

86/23

RESOLVED on the motion of Crs Nadin and Allen

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

Item 3.1 Proposed divestment of Bega Valley Regional Learning Centre

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).

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

Against: Nil

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.

2.58 pm The Extraordinary Meeting was reconvened.

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. 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.

5. Adoption of reports from Closed Session

3.1

Proposed divestment of Bega Valley Regional Learning Centre

87/23

RESOLVED on the motion of Crs Nadin and Porter

1. That Council note the reason for moving into closed session was for the purpose of discussing information that if disclosed, would confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

2. That Council delegate authority to the Chief Executive Officer and Mayor to negotiate a sale of Lot 210 DP 1181811 at 14 Cabarita Place, Merimbula, for a minimum value as determined by Council. for a minimum value as determined in the closed session of the Council meeting of the 7 June 2023

3. That all fees to finalise this matter be payable by Council from the proceeds of sale.

4. That the remaining proceeds of sale be placed in an internally restricted property development and reinvestment reserve.

5. That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Chief Executive Officer and Mayor.

6. That should the sale proceed, upon settlement the sale price becomes publicly released.