Extraordinary Meeting Minutes

Held on Monday, 8 May 2023

at Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre, Bega commencing at 12:01pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff - Virtual

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin - Apology

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

Acting Manager Communications and Events, Ms Skye Owen

Executive Officer (Minute Secretary), Mrs Jackie Grant

 

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements:

Council meetings are recorded and live streamed to the Internet for public viewing. 

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, On behalf of Bega Valley Shire Council, I would like to acknowledge and pay our respects to the traditional custodians of the lands, waterways and airspace on which we are gathering.

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.

1.

Apologies

 

That the apology of Cr Joy Robin be noted.

 

1a.

Cr Cathy Griff virtual attendance

 

That Cr Cathy Griff be supported to attend today’s Extraordinary meeting virtually

In favour:             Crs Fitzpatrick, Allen, O'Neil and Wright

Against:                  Crs Nadin and Porter

Abstained:             Cr Griff

Absent:                    Crs Seckold and Robin

 

 

Adjournment

62/23

RESOLVED on the motion of Crs Allen and Nadin

That the meeting be adjourned due to technical issues

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

Against:                  Nil

Absent:                    Cr Robin

 

12:05 pm      The Ordinary Meeting was adjourned.

The recording of the meeting ceased for the adjournment.

12:06 pm      Cr Seckold joined the meeting.

12:37 pm      The Ordinary Meeting was reconvened.

2.          Declarations

Pecuniary Interest

There were no Pecuniary Interest declarations.

Non Pecuniary Interest

There were no Non Pecuniary Interest declarations.

 

 

Adjournment

63/23

RESOLVED on the motion of Crs Nadin and Porter

That the meeting be adjourned due to technical issues

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

Against:                  Nil

Absent:                    Cr Robin

 

01:05 pm      The Ordinary Meeting was adjourned.

The recording of the meeting ceased for the adjournment.

01:14 pm      The Ordinary Meeting was reconvened.

3.          Staff Reports – Assets and Operations

 

3.1

Bega Valley Regional Gallery - Construction Update

 

A motion was moved to go into closed session by Crs Nadin and Porter

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

In favour:             Crs Nadin, Porter and Wright

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

Absent:                    Cr Robin

 

A motion was moved by Crs O’Neil and Seckold

1.    That Council notes this report and that contract RFT 2122-014 has been terminated in accordance with the general conditions of contract.

2.    That Council reconfirms its commitment to complete the Bega Valley Regional Gallery upgrade project at best value for money

3.    That Council assumes the role of Principal Contractor to deliver the remaining works for the Bega Valley Regional Gallery upgrade and notes the associated risks in completing the project.

4.    That in accordance with section 55.3(i) of the Local Government Act 1993, Council resolves to enter into direct negotiations and a contract due to extenuating circumstances, remoteness of locality and the unavailability of competitive or reliable tenderers with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

5.    That authority is delegated to the Chief Executive Officer to enter into direct negotiations and to execute all necessary documentation with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

6.    That should there be a funding shortfall for the project the Chief Executive Officer be delegated to identify additional funding sources to be utilised to complete the project through either budget reductions in other areas or utilisation of reserves with  a report on where funds are sourced from to be reported to a future council meeting.

A motion was foreshadowed by Cr Nadin

1.     That Council notes this report and that contract RFT 2122-014 has been terminated in accordance with the general conditions of contract.

2.     That Council reconfirms its commitment to complete the Bega Valley Regional Gallery upgrade project at best value for money.

3.     That Council assumes the role of Principal Contractor to deliver the remaining works for the Bega Valley Regional Gallery upgrade and notes the associated risks in completing the project.

4.     That in accordance with section 55.3(i) of the Local Government Act 1993, Council resolves to enter into direct negotiations and a contract due to extenuating circumstances, remoteness of locality and the unavailability of competitive or reliable tenderers with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project but seek quotes for work where possible

5.     Before construction commences the budget and results of the requests for sub-contractor quotes are reported to Council, including any request for extra funding and the identified funding source.

An amendment to the motion was proposed by Cr Griff

1.    That Council notes this report and that contract RFT 2122-014 has been terminated in accordance with the general conditions of contract.

2.    That Council reconfirms its commitment to complete the Bega Valley Regional Gallery
upgrade project at best value for money and Council confirm its commitment to fulfil the original vision of the project.

3.    That Council assumes the role of Principal Contractor to deliver the remaining works for the Bega Valley Regional Gallery upgrade and notes the associated risks in completing the project.

4.    That in accordance with section 55.3(i) of the Local Government Act 1993, Council resolves to enter into direct negotiations and a contract due to extenuating circumstances, remoteness of locality and the unavailability of competitive or reliable tenderers with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

5.    That authority is delegated to the Chief Executive Officer to enter into direct negotiations and to execute all necessary documentation with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

6.    That should there be a funding shortfall for the project the Chief Executive Officer be delegated to identify additional funding sources to be utilised to complete the project through either budget reductions in other areas or utilisation of reserves with  a report on where funds are sourced from to be reported to a future council meeting.

The amendment to the motion proposed by Cr Griff was accepted by Crs O’Neil and Seckold

The motion was put vote and it was CARRIED.

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Robin

 

64/23

RESOLVED on the motion of Crs O'Neil and Seckold

1.    That Council notes this report and that contract RFT 2122-014 has been terminated in accordance with the general conditions of contract.

2.    That Council reconfirms its commitment to complete the Bega Valley Regional Gallery
upgrade project at best value for money and Council confirm its commitment to fulfil the original vision of the project.

3.    That Council assumes the role of Principal Contractor to deliver the remaining works for the Bega Valley Regional Gallery upgrade and notes the associated risks in completing the project.

4.    That in accordance with section 55.3(i) of the Local Government Act 1993, Council resolves to enter into direct negotiations and a contract due to extenuating circumstances, remoteness of locality and the unavailability of competitive or reliable tenderers with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

5.    That authority is delegated to the Chief Executive Officer to enter into direct negotiations and to execute all necessary documentation with various sub-contractors to complete the works for the Bega Valley Regional Gallery upgrade project.

6.    That should there be a funding shortfall for the project the Chief Executive Officer be delegated to identify additional funding sources to be utilised to complete the project through either budget reductions in other areas or utilisation of reserves with  a report on where funds are sourced from to be reported to a future council meeting.

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Robin

 

Closure

There being no further business, the Chairperson closed the meeting at 1:24 pm.

Confirmed Russell Fitzpatrick
                                (digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Monday, 8 May 2023 at which meeting the signature hereon was subscribed.