minutes for the ordinary council meeting...minutes ordinary council 22/11/2017 page 3 5 matters...

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

ORDINARY COUNCIL 22/11/2017

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

MINUTES


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

MINUTES


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

MINUTES


ITEM: 10.3

SUBJECT: PROFESSIONAL LIFEGUARD SERVICES SPRING 2017 REPORT

FILE/INDEX: SERVICE PROVISION/RECREATION AND CULTURAL SERVICES/BEACH PATROLS/RECREATION


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


168/17

RESOLVED (Cr Klipin/Cr Fenton) That Council enter into a Memorandum of Understanding with Arts Mid North Coast.

UNANIMOUS

MINUTES


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

MINUTES


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

MINUTES


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

MINUTES


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

MINUTES


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

MINUTES


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.

MINUTES


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

MINUTES


ITEM: 13.7

SUBJECT: REPORT ON INVESTMENTS AS AT 31 OCTOBER 2017

FILE/INDEX: FINANCIAL MANAGEMENT INVESTMENT


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


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

MINUTES


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.

MINUTES


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.

MINUTES


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.

MINUTES


14 CONFIDENTIAL MATTERS

Nil

The meeting closed at 8:16pm.

Signed:

Cr Dominic King, MAYOR CHAIRPERSON

minutes for the ordinary council meeting...minutes ordinary council 22/11/2017 page 3 5 matters...

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