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| Clarence Valley Council Ordinary Monthly Meeting 26 September 2023 Mayor Peter Johnstone in the Chair |
The first order of business at the Clarence Valley Council Ordinary Monthly Meeting of 26 September 2023 was the mid-term election of a mayor.
So that quite sensibly, if there was a change as to which councillor held the office, the new mayor would chair the remainder of the monthly meeting.
Thus twenty-one minutes into the meeting by a margin of one vote Cr. Peter Johnstone became the new mayor. This was followed by election of the Deputy Mayor, Cr. Jeff Smith.
After these votes the meeting immediately became interesting.
It seems unbeknownst to the general public that morning as Cr. Johnstone, Mayor Johnstone had sent a notice to the other eight councillors that he intended to make a notice of motion rejecting the tender for Regional Aquatic Facility (Grafton Pool Redevelopment).
So when he as Chair requested that Item ITEM 07.23.184 RFT22/41 be brought forward to be considered as the first item of business, he appeared to do so on the pretext that there were a number of residents & ratepayers in the visitors seats who were there to hear council’s decision concerning this tender. A tender which council officers had formerly recommended be accepted as set out in the 26 September Business Paper.
Cr. Day called the item and Mayor Johnstone requested Day to put forward “his motion” which called for rejection of the tender for the Grafton Pool Redevelopment.
The Day motion was as follows:
That Council as Crown Land Manager of Grafton Westward and General Douglas MacArthur Park Reserve
(R540035):
1. Decline to accept the tender offers for RFT22/41 Regional Aquatic Facility (Grafton Olympic Pool) as
the tenders received were higher than anticipated.
2. Revise the Aquatic Centre project to begin with:
a. replacement of the 50m pool (stage 2),
b. demolition of the existing dive pool and 50m pool and importing fill as required to make the
ground flat,
c. the completion of the other works for which grant funding has already been received,
d. and any other matters that will need to be completed to ensure the operation of the new 50m
pool.
3. Defer commencement of the remainder of the project until after the election of the next council.
4. Prepare a report for the October Ordinary Council Meeting setting out the expected timescale and
recommendations for the completion of the project as set out in item 2.
5. Receive a report at each subsequent Ordinary Council Meeting on the progress of the project until
completion.
In the middle of reading of the motion there was some interjection from the gallery at the point where further consideration of full redevelopment of the site was to be deferred until after the next local government election in September 2024, with no direction to seek another tender for work in the interim set out in Point 2.
Understandable, given the gallery was peopled by around 40 residents/ratepayers who mostly either firmly supported the Regional Aquatic Facility, had made deputations and/or organised a community petition seeking a positive council decision concerning redevelopment of the community pool site.
Johnstone barked out “Order” in a best parade ground voice, followed by a somewhat inaudible sentence. Some minutes later he made a second request that the audience “keep silent please”.
After reading of the motion was completed Cr. Novak appeared to notice that the wording of Cr. Day’s motion closely resembled the notice of motion sent out that morning by Johnson and sought confirmation of this fact. Johnson confirmed it was indeed “the same motion” he had sent out.
Cr. Toms then fairly efficiently dissected what was essentially the Mayor’s motion and Johnstone refused to answer a question put to him by this councillor.
Cr. Pickering also called the Mayor out as to the late timing of the motion, but it was Cr. Whaites who called a spade a spade when she asked Johnstone did he wait to introduce the motion at this time because he anticipated using the mayoral casting vote “to not do what our community wants – yes or no”.
Johnstone refused to answer, ending the exchange with Whaites on the words “when the mayor’s speaking you will not speak”. Audible laughter could be heard from the gallery at that point.
Cr. Toms continued to question Johnstone’s understanding of the role of mayor once Council in the Chamber had already made a lawful decision to proceed with the full redevelopment of the Grafton Pool site.
As the formal debate of the motion played out Johnstone reminded the gallery that he could order its members be removed. Given the mild nature and short duration of gallery interjections during this monthly meeting Johnstone’s attitude was somewhat puzzling.
Before it came time to vote on what by then every councillor was accepting as being Johnstone’s motion not Day’s, the motion was called “a farce, a joke, and it’s making a mockery of the entire process” by one councillor and “it’s slow-minded and it’s short-sighted” by another councillor.
At times the ongoing debate became rather tense but remained essentially civil, nevertheless Johnstone accused Cr. Novak of something like an “act of disorder”. Again quiet laughter could be heard from the gallery.
A meeting recess was called which went on for about 5 minutes. After which the Mayor effectively gagged further debate, with the exception of himself. He spoke to his own slyly delivered motion.
In the end Mayor Johnstone’s motion was voted down five votes to three – only Johnstone, Day And Clancy supporting that motion to reject the tender.
Cr. Pickering having earlier foreshadowed the original council officers motion this was then put as follows:
COUNCIL RESOLUTION - 07.23.184
Pickering/Novak
OFFICER RECOMMENDATION
That Council, as Crown Land Manager of Grafton Westward and General Douglas MacArthur Park
Reserve (R540035):
1. accept the tender from Hines Construction Pty Ltd for RFT22/41 Regional Aquatic Facility (Grafton Pool Redevelopment) at a cost of $29,141,586 (GST Inclusive) to be funded in accordance with the funding strategy – Attachment B.
2. accept the schedule of rates submitted from Hines Construction Pty Ltd for the earthworks, total
cost to be calculated based on actual quantities as determined by a geotechnical engineer during the project works.
3. delegate authority to the General Manager to approve appropriately deemed variations to the Contract and those variations be reported to Council within the Quarterly Budget Review Statement (QBRS) once the Contract is finalised.
Voting recorded that motion carried as follows:
For - Johnstone, Novak, Pickering, Smith, Tiley, Toms, Whaites
Against - Clancy, Day.
One can be forgiven for suspecting that Clarence Valley Council may have chosen the wrong person to lead it for the next 12 months.
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