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Clarence Valley Council Ordinary Monthly Meeting
26 September 2023
Mayor Peter Johnstone in the Chair
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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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