Extraordinary Meeting Minutes
Held on Tuesday, 11 January 2022
at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm
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PresentCr 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
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In AttendanceChief 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.
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Apologies |
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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
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3.1 |
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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 |
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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 |
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3.2 |
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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. |
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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
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3.3 |
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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. 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
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3.4 |
Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors |
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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
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3.5 |
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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
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3.6 |
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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:
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.
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3.7 |
Establishment of Committees with Delegated Authority and Advisory Committees |
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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
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3.8 |
Appointment of Council Delegates and Alternates to Internal and External Committees |
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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 b) General Community Halls Committee Delegate: Cr
O’Neil c) General Sportsground Committee Delegate: Cr
Nadin d) Montreal Goldfields Delegate: Cr
Seckold e) Bega Valley Shire Awards Committee Delegates: Mayor, Crs Robin and Wright f) Bega Valley Shire Grants Committee Delegates:
Mayor, Crs Griff and Wright g) Audit, Risk and Improvement Committee Delegate: Cr O’Neil h) Access and Inclusion Advisory Committee Delegate: Cr
Nadin i) Bega Valley Museum Advisory Group No delegate j) Bega, Eden, Merriman’s Aboriginal Liaison Committee Delegate: Mayor 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 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
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3.9 |
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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
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3.10 |
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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 Russell Fitzpatrick
(digitally
signed)
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.