Minutes for the Ordinary Council Meeting Date: 22 November 2017 Location: Bellingen Shire Council Chambers Time: 6.00PM COUNCIL ADVISES THAT ALL OR PART OF THE MEETING MAY BE AUDIO RECORDED BY COUNCIL
Minutes for the Ordinary Council Meeting
Date: 22 November 2017
Location: Bellingen Shire Council Chambers
Time: 6.00PM
COUNCIL ADVISES THAT ALL OR PART OF THE MEETING MAY BE AUDIO RECORDED BY COUNCIL
MINUTES
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MINUTES
Ordinary Council Meeting held in the Council Chambers, Bellingen on Wednesday 22 November 2017 commencing at 6.00pm.
PRESENT
Councillors Garry Carter, Dominic King (Mayor), Steve Klipin, Desmae Harrison, Steve Jenkins, Jennie Fenton and Toni Wright-Turner.
IN ATTENDANCE
Liz Jeremy (General Manager), Michelle McFadyen (Deputy General Manager Corporate & Community), Matt Fanning (Deputy General Manager Operations) and Rebecca Fieldes (Executive Assistant to Mayor & General Manager).
1 ACKNOWLEDGEMENT OF COUNTRY
2 APOLOGIES
Nil
3 DECLARATION OF PECUNIARY AND NON PECUNIARY INTEREST
Liz Jeremy declared a Non-Pecuniary Interest – Less Significant Conflict on item 11.1 as she is on the Board of the Bellingen Local Rotary Club and has no involvement in the writing or authorisation of this report.
4 MINUTES 162/17
RESOLVED (Cr Fenton/Cr Carter)
That the Minutes of the Ordinary Meeting held on 25 October, 2017 be confirmed.
UNANIMOUS
163/17
RESOLVED (Cr Klipin/Cr Fenton)
That the Minutes of the Extraordinary Meeting held on 6 November, 2017 be confirmed. UNANIMOUS
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5 MATTERS ARISING
Nil
6 PUBLIC ACCESS/PRESENTATIONS
Cathy Wu & James Sugumar - Item 13.2 – Annual Report 2016-17
Persia Wildwood & Peter Bennetts -Item 13.9 – The use of a Citizens Panel (Jury) to deliberate on the Local Preference section of Council’s Procurement Policy.
7 MAYORAL MINUTE
Nil
8 NOTICE OF MOTION
ITEM: 8.1
SUBJECT: NOTICE OF MOTION - CR FENTON - SUPPORT FOR DISABILITY ADVOCACY SERVICES
FILE/INDEX: NOTICES OF MOTION
PRESENTED BY: MICHELLE MCFADYEN, DEPUTY GENERAL MANAGER
164/17
RESOLVED (Cr Fenton/Cr Wright-Turner)
That Council:
1. Notes the importance of groups advocating for people with disabilities, who work on a range of important issues; from making transport hubs more accessible, to campaigning to end the high rate of preventable deaths for people with an intellectual disability in healthcare.
2. Notes that up to half of NSW’s disability advocacy groups face closure after 30 J June 2018, when state funding will be cut.
3. Supports the campaign by the NSW Disability Advocacy Alliance for these important services to continue to be funded.
4. Writes to the NSW Disability Services Minister, the Hon. Ray Williams MP, Local Member, the Hon. Melinda Pavey MP, and the NSW Premier calling on the NSW Government to continue to fund the important work done by disability advocacy services around the state.
UNANIMOUS
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9 RESILIENT ECONOMY
Nil
10 COMMUNITY WELLBEING
ITEM: 10.1
SUBJECT: ROAD NAMING PROPOSAL - OLD CORAMBA ROAD NORTH, MEGAN
FILE/INDEX: ROAD NAMING REQUESTS: GA 39
PRESENTED BY: BARRY FENNING, LAND INFORMATION OFFICER
165/17
RESOLVED (Cr Jenkins/Cr Fenton) That Council: 1. Adopt Mackays Creek Road, Megan as the preferred renaming of the Old Coramba
Road North, Megan. 2. Undertake the community engagement actions in accordance with the Engagement
Strategy outlined within this report. 3. Not require payment of the Road Naming/Renaming Application Fee.
UNANIMOUS
ITEM: 10.2
SUBJECT: CLARENCE REGIONAL LIBRARY COMMITTEE MINUTES
FILE/INDEX: CORPORATE MANAGEMENT MEETINGS CLARENCE REGIONAL LIBRARY COMMITTEE
PRESENTED BY: ALISON PATTINSON, MANAGER COMMUNITY WELLBEING
166/17
RESOLVED (Cr Wright-Turner/Cr Harrison) That Council receive and note the minutes of the Clarence Regional Library Committee of 26 October 2017 and adopt the recommendations.
UNANIMOUS
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ITEM: 10.3
SUBJECT: PROFESSIONAL LIFEGUARD SERVICES SPRING 2017 REPORT
FILE/INDEX: SERVICE PROVISION/RECREATION AND CULTURAL SERVICES/BEACH PATROLS/RECREATION
PRESENTED BY: ALISON PATTINSON, MANAGER COMMUNITY WELLBEING
167/17
RESOLVED (Cr Klipin/Cr Carter) That Council receive and note the season report on Professional Lifeguard Services delivered by the Australian Lifeguard Service for the Spring 2017 school holidays.
UNANIMOUS
ITEM: 10.4
SUBJECT: ARTS MID NORTH COAST MEMORANDUM OF UNDERSTANDING
FILE/INDEX: CORPORATE MANAGEMENT: MEETINGS GA:39 ARTS MID NORTH COAST
PRESENTED BY: ALISON PATTINSON, MANAGER COMMUNITY WELLBEING
168/17
RESOLVED (Cr Klipin/Cr Fenton) That Council enter into a Memorandum of Understanding with Arts Mid North Coast.
UNANIMOUS
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ITEM: 10.5
SUBJECT: COMMUNITY SUPPORT AND CREATIVE PLACEMAKING FUNDS 2017/18 ROUND 2 SUCCESSFUL APPLICATIONS
FILE/INDEX: COMMUNITY SUPPORT AND COMMUNITY SPONSORSHIP EVENT FUNDS
PRESENTED BY: MAXINE COMPTON, GRANTS & BUSINESS DEVELOPMENT OFFICER
169/17
RESOLVED (Cr Fenton/Cr Klipin) That Council:
1. Endorse the successful applications as outlined in this report. 2. Send letters to all applicants advising of the outcomes of the first round of funding
for 2017/2018.
UNANIMOUS
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Liz Jeremy left the meeting at 6:21pm.
11 PLACES FOR PEOPLE
ITEM: 11.1
SUBJECT: MAAM GADUYING PARK, BELLINGEN - MANAGEMENT OF PROPOSALS FOR FUTURE PARK USE AND IMPROVEMENTS
FILE/INDEX: COMMUNITY RELATIONS - PARKS & RESERVES GA39
PRESENTED BY: PHIL BUCHAN, MANAGER ASSET MANAGEMENT & DESIGN
MOVED (Cr Klipin/Cr Harrison) That Council:
1. Endorse the preparation of a Masterplan for Maam Gaduying Park inclusive of a broad community engagement process, to ensure all future improvements, modifications, installations and community activities are consistent with community aspirations for this open space.
2. Request the Rotary Club of Bellingen to withdraw Development Application 2017/DA-00131 and resolves to refund 100% of all application fees paid in association with this application, if the application is withdrawn.
3. Invite the Rotary Club of Bellingen to make a submission regarding the works proposed by 2017/DA-00131 as part of any future master planning process for Maam Gaduying Park.
4. Invite the Bellinger Valley Historical Society to make a submission regarding their proposal as part of any future master planning process for Maam Gaduying Park
For: Cr King, Cr Klipin, Cr Harrison, Cr Fenton and Cr Wright-Turner. Against: Cr Carter and Cr Jenkins. Liz Jeremy return to the meeting 6:30pm
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PROCEDURAL MOTION 170/17
RESOLVED (Cr Klipin/Cr Fenton)
That items 13.9 & 13.2 be moved forward to follow the presentations by representatives of the Citizens Panel (Local preference) on item 13.9 & the Auditor on item 13.2.
UNANIMOUS
Item: 13.9 Subject: THE USE OF A CITIZENS PANEL (JURY) TO DELIBERATE ON THE LOCAL PREFERENCE SECTION OF COUNCIL'S PROCUREMENT POLICY File/Index: CORPORATE MANAGEMENT : Planning GA39 / IP&R Community Engagement Strategy 2030 Presented by: Anton Juodvalkis, Manager, Governance & Engagement 171/17
RESOLVED (Cr Klipin/Cr Harrison) That Council: 1. Note the draft Procurement Policy 2. Place the draft Procurement Policy on exhibition seeking feedback from the community 3. Advertise the draft Procurement Policy in local media, and on “Create” as outlined in the engagement section of this report.
UNANIMOUS
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Item: 13.2 Subject: ANNUAL REPORT 2016-17 File/Index: Reporting (Corporate Management) and Publications (Information Management) Presented by: Brett Hannaford, Governance & Corporate Planning Officer
MOVED (Cr Klipin/Cr Harrison) That Council: 1. Adopt the 2016/17 Annual report, comprising: • Part A – Report on Progress Against the Delivery Program and Operational Plan • Part B – Statutory and Other Information • Part C – Financial Summary • Part D – Financial Statements 2. Accept the Auditor’s Reports included with Part D – Financial Statements, as submitted by the Audit Office of New South Wales For: Cr King, Cr Klipin, Cr Harrison, Cr Jenkins, Cr Fenton and Cr Wright-
Turner. Against: Cr Carter.
ITEM: 11.2
SUBJECT: CHURCH STREET NORTH CAFE PRECINCT - BELLINGEN TOWN CENTRE BEAUTIFICATION - LANDSCAPE DESIGN
FILE/INDEX: DESIGN AND CONSTRUCTION MAIN STREET PLAN BELLINGEN
PRESENTED BY: PHIL BUCHAN, MANAGER ASSET MANAGEMENT & DESIGN
172/17
RESOLVED (Cr Harrison/Cr Carter) That Council:
1. Progress the design of Church Street (north) Café Precinct in keeping with principles of the Bellingen Town Centre Beautification Project.
2. Not include the requested interactive play space in the Church Street (north) Café Precinct as reflected in the most current community engagement process.
3. Continue to seek alternative funding sources to support future project construction.
UNANIMOUS
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12 LIVING ENVIRONMENT
ITEM: 12.1
SUBJECT: WATER STATUS REPORT
FILE/INDEX: OPERATIONS COUNCIL REPORTS
PRESENTED BY: CRAIG SALMON, MANAGER WATER AND WASTEWATER
173/17
RESOLVED (Cr Harrison/Cr Jenkins) That Council receive and note the Water Status Report for the month of October 2017.
UNANIMOUS
13 CIVIC LEADERSHIP
ITEM: 13.1
SUBJECT: QUEENS BATON RELAY
FILE/INDEX: QUEENS BATON RELAY
PRESENTED BY: LIZ JEREMY, GENERAL MANAGER
174/17
RESOLVED (Cr Jenkins/Cr Harrison) That Council receive and note this report.
UNANIMOUS
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ITEM: 13.3
SUBJECT: DEPUTY GENERAL MANAGER'S PROGRESS REPORT
FILE/INDEX: OPERATIONS COUNCIL REPORTS
PRESENTED BY: MATT FANNING, DEPUTY GENERAL MANAGER OPERATIONS
175/17
RESOLVED (Cr Klipin/Cr Wright-Turner) That Council receive and note the Deputy General Manager’s Progress Report.
UNANIMOUS
ITEM: 13.4
SUBJECT: QUARTERLY BUDGET REVIEW STATEMENT - PERIOD ENDED 30 SEPTEMBER 2017
FILE/INDEX: FINANCIAL MANAGEMENT/BUDGET REVIEWS
PRESENTED BY: CHRIS HODGE, CHIEF FINANCIAL OFFICER
PHILLIP WEST, SENIOR ACCOUNTANT
MOVED (Cr Wright-Turner/Cr Harrison)
That the Quarterly Budget Review Statements for the September 2017 quarter, projecting a net deficit of $1,688,000 for the 2017/18 financial year, be adopted. For: Cr King, Cr Klipin, Cr Harrison, Cr Jenkins, Cr Fenton and Cr Wright-
Turner. Against: Cr Carter.
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ITEM: 13.5
SUBJECT: SPECIAL VARIATION - NOTICE OF INTENTION
FILE/INDEX: SPECIAL RATE VARIATION NOTICE OF INTENTION TO NOMINATE FOR 2018/19
PRESENTED BY: MATT FANNING, DEPUTY GENERAL MANAGER OPERATIONS
LIZ JEREMY, GENERAL MANAGER
MICHELLE MCFADYEN, DEPUTY GENERAL MANAGER
CHRIS HODGE, CHIEF FINANCIAL OFFICER
MAXINE COMPTON, GRANTS & BUSINESS DEVELOPMENT OFFICER
MOVED (Cr Fenton/Cr Harrison) That Council: 1. Notify the NSW Independent Regulatory and Pricing Tribunal of its intention to lodge an
application for a Special Variation for the 2018-19 to 2020-21 financial years. 2. Present to the December Ordinary Meeting of Council the engagement and exhibition
materials for endorsement including amendments to Council’s Integrated Planning & Reporting documentation (Delivery Program and Long Term Financial Plan) to support the Special Variation application.
For: Cr King, Cr Klipin, Cr Harrison, Cr Fenton and Cr Wright-Turner. Against: Cr Carter and Cr Jenkins.
ITEM: 13.6
SUBJECT: MINUTES LOCAL TRAFFIC ADVISORY COMMITTEE EMAIL MEETING HELD 17 OCTOBER 2017
FILE/INDEX: LOCAL TRAFFIC ADVISORY COMMITTEE
PRESENTED BY: JOHN STARR, DESIGN & TRAFFIC ENGINEER
176/17
RESOLVED (Cr Carter/Cr Jenkins) That Council concur with the Traffic and Transport Management Plan, including the traffic control plans for the temporary road closures within the township of Bellingen associated with the Queens Baton Relay Event to be held on Thursday 1 February 2018.
UNANIMOUS
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ITEM: 13.7
SUBJECT: REPORT ON INVESTMENTS AS AT 31 OCTOBER 2017
FILE/INDEX: FINANCIAL MANAGEMENT INVESTMENT
PRESENTED BY: CHRIS HODGE, CHIEF FINANCIAL OFFICER
177/17
RESOLVED (Cr Fenton/Cr Harrison)
That the report indicating Council’s investment position as at 31 October 2017 be received and noted.
UNANIMOUS
ITEM: 13.8
SUBJECT: BUSINESS INFORMATION SYSTEM REPLACEMENT
FILE/INDEX: CORPORATE MANAGEMENT
PRESENTED BY: CHRIS HODGE, CHIEF FINANCIAL OFFICER
178/17
RESOLVED (Cr Klipin/Cr Carter) That:
1. Council, under Section 178(3)(e) of the NSW Local Government (General)
Regulation 2005, enter into negotiations with IT Vision Australia Pty Ltd for the
provision of a Corporate Business IT System, within the approved budget
allocation (as contained within Council’s Long Term Financial Plan)
2. The General Manager be authorised to enter an agreement with IT Vision
Australia Pty Ltd.
3. The contract documents be executed under the seal of Council.
4. That a further information report be provided to council regarding the finalisation
of the arrangements, which includes the implementation plan.
UNANIMOUS
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ITEM: 13.10
SUBJECT: BELLINGEN SHIRE DCP 2017
FILE/INDEX: LAND USE & PLANNING: DRAFT BELLINGEN SHIRE DEVELOPMENT CONTROL PLAN 2017
PRESENTED BY: MELANIE GREEN, STRATEGIC PLANNER
179/17
RESOLVED (Cr Wright-Turner/Cr Fenton) That Council adopt the Bellingen Shire Development Control Plan 2017.
UNANIMOUS
ITEM: 13.11
SUBJECT: BELLINGEN SHIRE COUNCIL AUDIT & RISK COMMITTEE - ANNUAL REPORT TO COUNCIL FOR 2016-17
FILE/INDEX: GA39-04.01.01/CORPORATE MANAGEMENT - AUDIT
PRESENTED BY: ANTON JUODVALKIS, MANAGER, GOVERNANCE & ENGAGEMENT
180/17
RESOLVED (Cr Klipin/Cr Wright-Turner) That Council note the attached annual report from the Audit and Risk Committee.
UNANIMOUS
Councillor Fenton left the Meeting at 7:28pm. Councillor Fenton returned to the Meeting at 7:29pm.
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Councillor Jenkins retired from the Meeting at 7:40pm. PROCEDURAL MOTION 181/17
RESOLVED (Cr Wright-Turner/Cr Fenton)
That Council:
1. Move into Confidential Session in accordance with Section 10A(2)(g) of the Local Government Act 1993 to receive and consider advice on item 13.12 concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and that, on balance, if discussed in open meetings contrary to the public interest.
2. Exclude the press and public from the proceedings of the Council in Confidential Session pursuant to Section 10A Subsections 2 & 3 and Section 10B of the Local Government Act 1993 (as amended), on the basis that the items to be considered are of a confidential nature.
For: Cr King, Cr Klipin, Cr Harrison, Cr Fenton and Cr Wright-Turner.
Against: Cr Carter.
Council entered confidential session at 7:41pm Council returned to open session at 8:09pm Councillor Jenkins returned to the Meeting at 8:09pm.
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ITEM: 13.12
SUBJECT: FINDINGS IN RELATION TO A CODE OF CONDUCT MATTER
FILE/INDEX: GOVERNANCE:COUNCILLORS GA39/CODE OF CONDUCT R#171/TR264
PRESENTED BY: ANTON JUODVALKIS, MANAGER, GOVERNANCE & ENGAGEMENT
RECOMMENDATION That, in accordance with resolution 144d/17 (27 September 2017), Council receive from Cr. Jenkins:
1. public acknowledgement of the findings of breach of clauses 3.1(a), 6.2(b) and 6.7(e), (f) and (g) of the Code of Conduct;
2. an undertaking to council that he will avoid similar breaches in the future; 3. an unqualified apology to Council and the community for his conduct; 4. an undertaking that he will not make negative or derogatory comments regarding
the complaint, the outcome or the Code of Conduct process publicly including to the media.
182/17
RESOLVED (Cr King/Cr Klipin)
That Council:
1. note that Cr Jenkins has failed to comply with Councils resolution of 27 September 2017
2. refer the matter to the NSW Office Of Local Government on the basis of the provisions of Clause 8.10 of the Model Code of Conduct for Councils in NSW
For: Cr King, Cr Klipin, Cr Harrison, Cr Fenton and Cr Wright-Turner.
Against: Cr Carter.
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14 CONFIDENTIAL MATTERS
Nil
The meeting closed at 8:16pm.
Signed:
Cr Dominic King, MAYOR CHAIRPERSON