Ordinary Meeting Minutes

Held on Wednesday 20 April 2022

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:01pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen - Apology

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

 In Attendance

Acting Chief Executive Officer, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director, Community, Environment and Planning, Mrs Emily Harrison

Acting Director, Business and Governance, Mr Mark Irvin

Acting Manager Communications and Events, Ms Skye Owen

Minute Secretary, Mrs Janelle Curtis

 

 

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, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show 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.

 

1.

Apologies

41/22

RESOLVED on the motion of Crs Nadin and Wright

That the apologies from:

Cr Tony Allen and the Director, Business and Governance, Mrs Iliada Bolton for 20 April 2022 Council meeting be noted.

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

Against:                  Nil

Absent:                    Cr Allen

 

2.

Confirmation of Minutes

42/22

RESOLVED on the motion of Crs Wright and Seckold

That the Minutes of the Ordinary Meeting held on 16 March 2022 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Allen

 

3.          Declarations

Non Pecuniary Interest

Cr Liz Seckold declared a non-pecuniary interest regarding Item 8.1 Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo. A signed declaration form was tabled by Cr Seckold, she will remain in the chamber and take part in debate and voting.

4.          Public Forum

The following deputations were heard:

Item 8.1 Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo

·         Ms Catherin Marsham – AGAINST

·         Mr Scott Herring – AGAINST

·         Mr Martin Hogenboom – AGAINST

·         Mr Darren Klower - FOR

Item 8.2 Policy 4.15 Use of Public Land (local Approvals)

·         Mr Nigel Ayling OBO Bega Valley Shire Business Forum – FOR

Item 13.1 Strengthening the ban on Shark Fishing at Tathra Wharf

·         Mr Robert Armstrong – FOR

5.                 Petitions

There were no petitions.

 

6.          Mayoral Minutes

6.1

Australian Local Government Association (ALGA) Federal Advocacy Program

43/22

RESOLVED on the motion of Cr Fitzpatrick

1.    That Council supports the national funding priorities of the Australian Local Government Association (ALGA), which would contribute an estimated $6.46 billion per year to Australia’s Gross Domestic Product (GDP) and create 43,444 jobs: and

2.    That Council agrees to support and participate in the Australian Local Government Association’s advocacy for their endorsed national funding priorities by writing to the local Federal Member(s) of Parliament, all known election candidates in local Federal electorates and the President of the Australian Local Government Association to:

a)       Express support for ALGA’s funding priorities

b)      Identify priority local projects and programs that could be progressed with the additional financial assistance from the Federal Government being sought by ALGA; and

c)       Seek funding commitments from the members, candidates and their parties for these identified local projects and programs

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

Against:                  Nil

Absent:                    Cr Allen

 

6.2

Federal Election Advocacy

44/22

RESOLVED on the motion of Cr Fitzpatrick

1.    That Council endorse the previously endorsed election advocacy brochure with the following changes to be incorporated by staff:

a)       Inclusion of a priority for funding of a feasibility study for major improvements to the Snowy Mountains Highway to improve east-west road connectivity

b)      Incorporation of support for ALGA’s “Don’t leave local communities behind campaign”

2.      That Council note that the Mayor will write to all Eden-Monaro election candidates providing them a copy of the advocacy brochure and inviting them to meet to discuss Bega Valley priorities ahead of the Federal election.

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

Against:                  Nil

Absent:                    Cr Allen

 

7.          Urgent Business

There was no Urgent Business.

8.          Staff Reports – Community, Environment and Planning

 

8.1

Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo

 

Cr Liz Seckold declared a non pecuniary interest regarding Item 8.1 Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo, Cr Seckold will remain in the chamber and take part in debate and voting.

A motion was moved by Crs Nadin and Griff

That the matter be deferred due to the number of speakers at the public forum, in line with Council’s Code of Meeting practice.

The Chief Executive Officer clarified that on the basis of the above motion, there was no option for staff to present an amended report to Council.

Cr Nadin withdrew his motion.

45/22

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the matter be dealt with today.

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

Against:                  Cr Griff

Absent:                    Cr Allen

 

A motion was moved by Crs Nadin and Griff

That the matter be deferred to allow further community consultation involving a community meeting and further report to Council.

A motion was foreshadowed by Crs Fitzpatrick and Seckold

1.    That Development Application 2020.323 for a Manufactured Housing Estate and 21 lot  subdivision for lease purposes at Lot 5 DP 1027919, 7-11 Village Street, Cobargo be approved  subject to conditions contained with Attachment 1 to this report.

2.    That those parties who made submissions be advised of Council’s decision.

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

In favour:             Crs Nadin, Griff and Porter

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

Absent:                    Cr Allen

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

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

46/22

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.    That Development Application 2020.323 for a Manufactured Housing Estate and 21 lot  subdivision for lease purposes at Lot 5 DP 1027919, 7-11 Village Street, Cobargo be approved  subject to conditions contained with Attachment 1 to this report.

2.    That those parties who made submissions be advised of Council’s decision.

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

 

 

 

8.2

Policy 4.15 Use of Public Land (Local Approvals)

47/22

RESOLVED on the motion of Crs Wright and Nadin

That the item be dealt with today.

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

Against:                  Nil

Absent:                    Cr Allen

48/22

Note: Original minutes published on 21/04/22 have been amended, as per resolution 71/22

Changes are reflected in RED

RESOLVED on the motion of Crs Wright and Nadin

1.    That Council resolves to publicly exhibit the draft Use of Public Land (Local Approvals) Policy for a period of not less than 42 days.

2.    That Council officers prepare a further report to Council following public exhibition that provides a final version of the Policy and proposed complimentary amendments to Bega Valley Local Environmental Plan 2013.

That Council adopt the Use of Public Land (Local Approvals) Policy (Attachment 1), as amended following public exhibition.

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

Against:                  Nil

Absent:                    Cr Allen

 

8.3

Bega Valley Shire Contaminated Land Policy

49/22

RESOLVED on the motion of Crs Nadin and Wright

1.    That Council adopt the Bega Valley Contaminated Land Policy (Attachment 1).

2.    That Council advise those who made a submission, the Local Professionals Group and the Canberra Region Joint Organisation of Councils of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Allen

 

8.4

Proposal to Establish Alcohol-free Zone and Alcohol-prohibited Area, Gipps and Bega Streets, Bega

50/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council resolves to support, in principle and subject to community feedback, the request to establish an alcohol-free zone (AFZ) in Bega

2.    That Council resolves to support, in principle and subject to community feedback, the request to establish an alcohol-prohibited area (APA) in Bega

3.    That Council publicly exhibit the proposed alcohol-free zone and alcohol-prohibited area (Attachment 1) for not less than 30 days.

4.    That, following public exhibition and subject to community feedback, Council seek approval from the relevant Police local area commander to establish the proposed alcohol-prohibited area.

5.    That staff prepare a further report to Council following public exhibition of the proposal.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

8.5

Planning Proposal for Market Street, Merimbula

51/22

RESOLVED on the motion of Crs Nadin and Fitzpatrick

1.    That Council submits the Market Street, Merimbula Planning Proposal (Attachment 1) to the Department of Planning and Environment for Gateway Determination.

2.    That following Gateway Determination, the Planning Proposal be placed on public exhibition.

3.    That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

4.    That should no material amendments to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Nil

Absent:                    Cr Allen

 

9.          Staff Reports – Assets and Operations

02:56 pm     Cr Nadin left the meeting.

 

9.1

Community Hall Committee Nominations

52/22

RESOLVED on the motion of Crs O'Neil and Seckold

1.    That nominees to Council’s individual Community Hall Committees listed in the attached Memorandum be appointed.

2.    That Council officers carry out further promotion of vacant Committee positions and subsequently report the matter to Council for any additional appointments.

3.    That retiring Committee members be thanked for their contribution to the respective         Committees.

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

Against:                  Nil

Absent:                    Crs Nadin and Allen

 

9.2

Contract for Management & Operation BVSC Seasonal Swimming Pools - Bega & Cobargo

53/22

RESOLVED on the motion of Crs Seckold and Robin

That Council offer two (2) x twelve-month extension options to both Philipzen Aquatics Pty Ltd and Swansali Pty Ltd for the Bega War Memorial Swimming Pool and Cobargo Swimming Pool respectively, in accordance with the existing contract requirements agreed in RFT 43/17 Contract for Management & Operation BVSC Seasonal Swimming Pools.

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

Against:                  Nil

Absent:                    Crs Nadin and Allen

 

9.3

Bega Valley Local Traffic Committee

54/22

RESOLVED on the motion of Crs Porter and Wright

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 9 March 2022 being:

1.    Coast to Kosci Ultramarathon Event – 2-4 December 2022

a.      That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the current SafeWork NSW and Transport for NSW guidelines

b.     That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and Transport for NSW guidelines

c.      The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes

d.     Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan

e.     That the above event organises their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS

f.      That organisers fully implement an approved Special Event Transport Management Plan

g.      That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW by name for the event

h.     That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport

i.       That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road

j.       That organisers have written Police approval prior to conducting the event

k.      That the event achieves all conditions of Council’s issued Approval for Use of Public Land

l.       That after the event, organisers are to clean up any rubbish or waste left behind

m.    That the event operates strictly under the NSW Health Department COVID19 conditions

See attachment: Coast to Kosci 2022

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

Against:                  Nil

Absent:                    Crs Nadin and Allen

 

03:00 pm     Cr Nadin returned to the meeting.

 

9.4

Merimbula Boardwalk and Foreshore Path Concept Design

55/22

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council note the consultation feedback in the listening report (Attachment A).

2.    That Council adopt the concept design (Attachment B) for progression to detailed design.

3.    That Council endorse the recommended actions considering consultation feedback to be progressed in detailed design (Attachment C).

4.    That a report be presented to Council on the priorities being developed for Infrastructure renewals.

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

Against:                  Nil

Absent:                    Cr Allen

 

9.5

EOI 2122-043 - Kiah & Wandella Community Hall Design

56/22

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Council accepts the EOI tender for the EOI 2122-043 Facility Design Group for the lump sum price of $213,827 (ex GST) for both Kiah and Wandella Halls.

2.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to EOI 2122-043.

3.    That all shortlisted tenderers be advised of Council’s decision.

4.    That Council notes pre-development application advice that future works that propose safety improvements to the Kiah Hall Road/Princes Highway intersection be managed as a separate project, with funding to be sought separately to the rebuilding of Kiah Community Hall project. 

5.    That Council note that the Bushfire Local Economic Recovery Funding Deed, stipulates a project completion date of 30 June 2023

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

Against:                  Nil

Absent:                    Cr Allen

 

9.6

IPART Review of Domestic Waste Management Charges

57/22

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Council endorse staff to prepare a submission on the review of domestic waste management charges, noting a copy will be provided to Councillors.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.        Staff Reports – Business and Governance

 

10.1

Certificate of Investment February 2022

58/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council receive and note the report on Council’s investment position as at 28 February 2022.

2.    That Council notes the certification of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.2

Certificate of Investment March 2022

59/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council receive and note the report on Council’s investment position as at 31 March 2022.

2.    That Council notes the certification of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.3

Policy review schedule

60/22

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That council receive and adopt the 2022 policy review schedule.

2.    That council undertake a formal review of its policy documents as per the proposed schedule.

3.    That council place draft policies on public exhibition for a period of 28 days as per the proposed schedule.

4.    That council receive and consider all submissions for a period of 42 days.

5.    That final versions of policy documents are presented back to council before being adopted.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.4

Payment of Councillor Superannuation

61/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receive and note the provisions of the Local Government Amendment Act 2021 regarding Councillor superannuation payments.

2.    That Bega Valley resolves to commence payment of Councillor superannuation contributions from 1 July 2022.

3.    That the cost of the contributions be included in Council’s draft budget for FY2023 that is subsequently placed on public exhibition.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.5

Review of Council's Code of Meeting Practice

62/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council endorse the amendments in draft Policy 6.02 Behaviour of Councillors and Staff – Procedure 6.02.02 Code of Meeting Practice

2.    That Procedure 6.02.02 Code of Meeting Practice be exhibited for a period of at least 28 days and that submission be received for 42 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 Council’s website page “Petitions” be updated to provide easily accessible information to the community.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.6

Policy 6.24 Disposal of Assets (Other than Land & Buildings)

63/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council notes the two (2) items of feedback received during the Public exhibition of the draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings).

2.    That Council adopts the Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) with the minor amendments made, including:

         a) Amend “Sale using a Council controlled platform (Such as VendorPanel or eBay)” to read “Sale through an official Council account on an external platform (such as VendorPanel or eBay)”

        b) Include the word “Sale” to the line “Gift or donation to Charitable or Community Organisations”.

3.    That Council notes that other suggestions contained within the two items of feedback will be incorporated into the organisational procedures that support the implementation of the policy.

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

Against:                  Nil

Absent:                    Cr Allen

 

10.7

Disclosures Of Interest by Councillors following 2021 Local Government Election

64/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receives and notes the report on the lodgement of Disclosures by Councillors following the 2021 Local Government Elections

2.    That the Disclosures be published on Council’s website as required under the Government         Information Public Access (GIPA) Act 2009

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

Against:                  Nil

Absent:                    Cr Allen

 

 

 

 

10.8

Australian Local Government Association (ALGA) 2022 National General Assembly

65/22

RESOLVED on the motion of Crs Griff and O'Neil

That Council endorse the Mayor and Crs Wright, Griff and O’Neil to attend the ALGA 2022 National General Assembly and note the Chief Executive Officer’s attendance at the National General Assembly.

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

Against:                  Nil

Absent:                    Cr Allen

 

11.        Councillor Reports

 

11.1

Country Mayors Association general and executive meetings

 

Cr Fitzpatrick’s report was noted.

 

12.        Rescission/Alteration Motions

There were no Rescission/Alteration Motions.

13.        Notices of Motion

13.1

Strengthening the ban on Shark Fishing at Tathra Wharf

66/22

RESOLVED on the motion of Crs Porter and Nadin

That Council erect signs at Tathra Wharf that prohibit the use of wire traces from the shoreline on and  within 250 metres of Tathra Wharf with information about the fine and number to call to report violations

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

Against:                  Nil

Absent:                    Cr Allen

14.        Questions with Notice

 

14.1

Cr Porter - Surf Lifesaving Services

 

A response to Cr Porter’s Question with Notice was provided as a report in the Ordinary Council Meeting Agenda of 20 April 2022.

 

14.2

Cannery Wharf, Cattle Bay Road, Eden

 

A response to Cr Robin’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 20 April 2022.

 

 

15.        Questions without Notice

 

15.1

Cr Nadin - Update on plans to rehabilitate former Eden Sewage Treatment site

 

A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 20 April 2022.

 

15.2

Cr Robin - Cannery Wharf, Cattle Bay Road, Eden

 

The CEO advised that Cr Robin provided advance notice to this matter and it should have been included at item 14.2. 

 

15.3

Cr Wright - Expanding business FOGO to those businesses that don't have kerbside collection

 

A response to Cr Wright’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 20 April 2022.

 

15.4

Cr Fitzpatrick - Wandella Trunk Line Issues

 

Cr Fitzpatrick asked could Council Staff provide confirmation that the Wandella Water Trunk Line issues will be addressed and the same level or water service continued to all affected residents, with replacement and future proofing of the water line? (i.e replaced 'like for like', not patched up for a cost saving exercise).

Provide details around when this will occur.

Have staff looked at ways for an alternate course/location that would allow more users and future development of available land around Cobargo.

Director Assets and Operations, Ian Macfarlane took the question on notice.

 

15.5

Update on signage and timeframes for Alcohol Free Zones (AFZ)

 

Cr Nadin asked for an update on the expiry date for AFZ Zones throughout the Shire and advice on the priority of updating signage over introducing a new signage area.

Chief Executive Officer, Anthony McMahon took the question on notice.

 

16.        Confidential Business  

 

Adjournment Into Closed Session

67/22

RESOLVED on the motion of Crs Nadin and Seckold

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

16.1    Chief Executive Officer (CEO) Recruitment

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 (a) personnel matters concerning particular individuals.

 

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, Porter, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Allen

 

3.45 pm        The Ordinary Meeting was adjourned.

The following persons left the chamber:

·         Acting Chief Executive Officer, Mr Anthony McMahon

·         Acting Director, Assets and Operations, Mr Ian Macfarlane

·         Acting Director, Community, Environment and Planning, Mrs Emily Harrison

·         Acting Manager Communications and Events, Ms Skye Owen

The recording and  live streaming of the meeting ceased for the period of the Closed Session of Council.

03:48 pm     The Confidential Closed Session meeting commenced.

04:02 pm     The Confidential Closed Session meeting concluded.

04:03 pm     The Ordinary meeting was reconvened.

The following persons returned to the chamber:

·         Acting Chief Executive Officer, Mr Anthony McMahon

·         Acting Director, Assets and Operations, Mr Ian Macfarlane

·         Acting Director, Community, Environment and Planning, Mrs Emily Harrison

·         Acting Manager Communications and Events, Ms Skye Owen

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.

17.        Noting of Resolutions from Closed Session

17.1

Noting of Resolutions from Closed Session

68/22

RESOLVED on the motion of Crs Nadin and Porter

That the resolution from closed session be brought forward into open session.

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

Against:                  Nil

Absent:                    Cr Allen

 

16.1

Confidential Closed Session Item 16.1 - Chief Executive Officer (CEO) Recruitment

69/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receive and note this confidential report.

2.    That Council receive and note the recruitment report from McArthur.

3.    That Council endorse Mr Anthony McMahon as the preferred candidate for the Chief Executive Officer (CEO) role.

4.    That Council resolve to offer Mr McMahon a five-year contract for the CEO position.

5.    That Council delegate the Mayor to negotiate and finalise the Total Remuneration Package (TRP) with Mr McMahon.

6.    That Council, as part of its offer to Mr McMahon, include a clause in the contract, that performance reviews be conducted on a six-monthly basis for the duration of the contract.

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

Against:                  Nil

Absent:                    Cr Allen

 

18.        Declassification of reports considered previously in closed session

There was no Declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:05pm

Confirmed Russell Fitzpatrick
             
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 April 2022.