﻿WEBVTT

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thank you and  welcome to the 

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extraordinary February meeting 

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2024 Kiama Municipal

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Council  I'd just like to welcome all

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the councilors here  and  those 

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those guests who've come to listen in

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the gallery  I need to make a  a

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webcasting statement and be aware that

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this meeting is being recorded and made

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publicly available on the council

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website those attending  the meeting

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should refrain from making defamatory

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statements I also like to acknowledge

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the land on which we are meeting  is

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the traditional lands of
the Wodi Wodi people

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of the Dharawal language group and I want

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to show our regards and respect to their

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Elders past present and

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emerging  we have  to read these

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days a statement of ethical obligations

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and Council as are reminded of Their Own

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oath or affirmations of office under

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section

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233a of the act of local government and

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their obligations under the code of

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conduct to disclose and appropriately

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manage any conflicts of interests  do

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we have we have no

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apologies  what I would like to do now

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is to call for two things firstly to

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allow councilor dma  to join us by

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video  conference  can I call

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remover for that councelor brown and

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second to councilor croxford  is there

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any discussion on this all those in

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favor raise your hand and also  for

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the convenience of council steel 

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could we ensure that when we are in

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ordinary Council councelor steel is 

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 given a dispensation against standing

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up and sitting down because of the

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difficulty of that situation all those

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in

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favor thank you and so say again go back

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to conf  yes yes yes  what I would

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like to

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do is with regard to disclosure of

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interests and we're on seven here but

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what I want to do is I want to move a

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few things around and I've spoken with

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councelor rice on this we disagree on it

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but we're still going to do this and

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it's with regard for the tabling of

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petitions and other

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docents and  I would like to suggest

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because we've had such difficulty and

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this is 

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sorry okay okay  I'll just finish what

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I was

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saying that because of  the difficulty

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in getting a motion that is lawful

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enforcable and workable with regard to

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the letter that have been authored by

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coun  by former counselors  McCarthy

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and Jones  that we use that docent

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 as and and table the docent to

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council rather than  have the docent

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 debated when there can be no real

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outcome  councelor rice is that 

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that's how I described it to

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you do do you want to just speak to that

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well that was how you described it to me

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and I have asked for the reasons why it

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is being considered not lawful not

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enforceable and not workable

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particularly because I forwarded an

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amendment this morning that councilors

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have seen and I have had no explanation

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as to how that doesn't satisfy those

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criteria okay thank you  but before we

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actually get into to talking of that I

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would like to to have people understand

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that we still have disclosures

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disclosures of Interest as I mentioned

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 I had a  an interest but as such

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I'm no longer a member of the  USU and

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we have a a disclosure of interest from

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 earlier on this afternoon from

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councelor Ren Klang  who is  looks

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like she's ready to read it again  yes

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I think  the CEO requested that I did

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 so I have a declaration of

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  non-pecuniary less than

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significant interest in agenda items 8.1

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and

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9.1   the reason for the disclosure

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is I'm a member of the United Services

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Union and I  propose to disclose and

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vote thank

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you

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okay could I ask the CEO  to give us a

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smary of he spoke it's I also have a

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oh I'm so sorry I didn't notice your

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light thank you  I'd like to declare a

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non-pecuniary lesson

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significant  interest in agenda item

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nber

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9.1  the reason why is when I'm not

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here as counselor I actually have

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another job  at a local  college and

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that college offers courses in age care

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and students in those courses undertake

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some workplac hours some of those

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students undertake those hours up at

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Blue Haven banera at the moment there's

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a small nber up there   I'm not

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involved in coordinating or 

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recruiting the students or placing them

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so but I'm declaring it here so it's on

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the public record the second reason is

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that my father actually volunteers at

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Blue Haven berera in the form of

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entertainment Friday's happy hour and he

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plays the piano and the guitar and gets

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the staff and residents up singing and

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dancing so I thought i' better let

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everybody know that he's wonderful at

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his volunteering  and he and he's a

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far better tennis player than

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me excellent okay thank you very kindly

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are there any others none that I've

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missed thank you  I'd ask now for the

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CEO to give us a smary of the public

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access

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thank you Mr Mayor we only had one

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speaker at Public Access Mr Howard Jones

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speaking on the notice of motion thank

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you so much all right now I will move

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back to the tabling of petitions and

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other docents

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and I would  like to make a procedural

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motion  at this point and that

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procedural motion is that because of the

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difficulty  discovered with regard to

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to trying to put a motion and we've

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tried three times to to do such  with

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regard to the letter  open letter to

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the community by Jones and McCarthy that

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we table that letter as a docent to 

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stay with Council records and that  if

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at a future date we can we can debate

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that well and good but at this stage

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with the process going through of the

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sale of Blue Haven I find it just 

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just impossible and  that's how I

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would rule I've got a copy an electronic

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copy of that docent and I will pass

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that on to the  minute taker to

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include in the next

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one thank

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you  is there any discussion  just a

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point of order me yes  code of meeting

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practice 10.28 we don't need a second no

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no Cod 10.2.0 I'm asking that we limit

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all proceedings to 3 minutes speakers

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for three minutes if you can get a

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second for that councelor  Brown is

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there any discussion on

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that  that means okay thank you 

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just just just  just if you could just

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turn your lights off for a moment so

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I've made that  that that procedural

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ruling and it is a ruling not a motion

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I'm sorry I didn't mean to accept a

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second for something like that but

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I think it's important that we get to

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the important business of what we're

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doing so councelor rice  would you

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agree to have that  that  letter 

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tabled no I don't agree to have it

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tabled as a letter or petition because

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although it's stated that you've had no

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progress in getting a motion that's

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lawful enforceable and workable nothing

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of that has been communicated to me

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regarding the motion that I circulated

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this morning and so if you'd like to

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explain to me why it is not lawful

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enforceable and workable and using this

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final motion circulated this morning I

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would like to hear sure the only way

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that I can do that is to  I've made my

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decision and and that that's it but is

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through a motion of dissent  so can I

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take your  your comments as a motion

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of descent a point of  proced

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 no no I'm talking thank you yes you

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certainly can take my feelings as a

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motion of descent okay it is a motion of

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dissent and therefore  before we get

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to the U the actual business of speaking

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 for three minutes and five minutes

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we'll allow five minutes on this matter

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and this matter only and then we'll talk

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 after we go into U

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confidential thank you Mr Mayor because

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in our discussion this morning you did

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indicate I would have at least five

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minutes to speak and that's the truth so

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the way that this works for those in the

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gallery is that we get  councelor rice

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who is desending from my  my

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procedural ruling that  she has five

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minutes to be able to put her case why

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the letter  from  McCarthy and Jan

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should be read and debated to what end

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 and once she has had 5 minutes  I

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will have five minutes to put my

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position as to why I think we shouldn't

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do it that way so councelor

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rice sorry point of order Mr me yes 

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Can can I just ask a question  yeah 

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M just a question a procedure I'm sorry

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I'm I've got councelor brown has the

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floor  I understand that the motion is

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not so much reading the letter  and if

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you could answer this question has that

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letter been published the letter is not

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this is not about no no it's about the

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motion yeah yes so I just maybe I

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misheard you you said about the reading

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of the letter oh I'm Sor I understand

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that your  recommendation of 

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unlawfulness is because the motion looks

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at suspending a process that we've

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already started yeah it it does but we

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we're not debating that now point of

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orderin okay Council Lang your point of

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order  thank you through you mayor I

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have a couple of

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Corrections  in the rationale for why

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this motion is illegal and I think it's

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important to note those Corrections

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that's not the way that we do it through

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I'm sorry counselor that's not the way

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that we do it through our code of

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meeting practice in our code of meeting

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practice a  direction is given from

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the chair if the direction is not

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accepted it is then considered to be a

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dissenting motion and this is the way we

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do it thank you councelor

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rice

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no we do get to to

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vote no no there is no second for a

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disent motion of

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descent may I

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begin carry on I put the open letter

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forward for consideration because I felt

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it hadn't been thoughtfully considered

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enough the original motion was not in my

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words because it was an impassioned plea

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from the community I took the CEO's

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advice into account and this morning all

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counselors saw my desired Amendment I do

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not accept it as illegal because it

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respects the tender being over and it

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echoes the concerns about social license

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that the open letter addresses its

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content has not been previously achieved

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by reviewing council's Community

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engagement light could be shown on

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council's Effectiveness in understanding

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Community interests and aspirations and

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whether the community were brought along

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with Council in this

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decision many details of the agenda item

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8.1 report are informative but it

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inappropriately attributes incorrect

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motivations for the authors and myself I

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have asked the CEO to apologize for the

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comments judging my motivation

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performance and

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character in that report the CEO refers

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to democracy as being how Community

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expectations will eventuate through the

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work of the candidates they elect the

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results of the 2021 local government

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election show that 27% of the electorate

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voted green 177% voted lab and 133%

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voted for the safe ker

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Independence together that makes 57% of

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the population who perhaps unwittingly

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voted for groups with a preference for

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maintaining Community assets

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consequently most councilors were

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elected from those groups however when

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voting on Blue Haven in Council meetings

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the expected pattern of voting didn't

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eventuate once Council had determined

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that dramatic Financial change was

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necessary the community should have been

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consulted to teach SE out their thoughts

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on the Blue Haven business the intention

00:14:02.440 --> 00:14:04.416
seemed evident when a fact sheet on Blue

00:14:04.440 --> 00:14:07.216
Haven was available during Council CSP

00:14:07.240 --> 00:14:09.656
consultation but that was the end of it

00:14:09.680 --> 00:14:11.576
the first motion to sell Blue Haven

00:14:11.600 --> 00:14:13.896
emerged two weeks before the CSP

00:14:13.920 --> 00:14:16.920
responses became available to counselors

00:14:17.240 --> 00:14:19.856
for economic reasons alone that motion

00:14:19.880 --> 00:14:21.856
had recommended the sale of Blue Haven

00:14:21.880 --> 00:14:24.255
in entirety it was approved by

00:14:24.279 --> 00:14:25.735
councilors before there was any

00:14:25.759 --> 00:14:28.255
knowledge of community opinion so social

00:14:28.279 --> 00:14:31.255
license was never considered it is

00:14:31.279 --> 00:14:32.896
acknowledged that in Australia there is

00:14:32.920 --> 00:14:35.536
barely 45% trust in local government

00:14:35.560 --> 00:14:37.976
Council rice i' just ask you be careful

00:14:38.000 --> 00:14:40.016
about breaching confidentiality because

00:14:40.040 --> 00:14:42.456
there are parts of what you're saying

00:14:42.480 --> 00:14:44.296
that may be in the confidential report

00:14:44.320 --> 00:14:46.976
so can I ask you to be just wary of that

00:14:47.000 --> 00:14:49.175
yes I hope we've paused the clock yep

00:14:49.199 --> 00:14:52.199
thank you greater trust in councils can

00:14:52.360 --> 00:14:54.096
be achieved through adequate Community

00:14:54.120 --> 00:14:56.055
engagement in decisionmaking and the

00:14:56.079 --> 00:14:57.935
presence of robust budgeting and

00:14:57.959 --> 00:15:00.896
management of public finances Kus

00:15:00.920 --> 00:15:02.815
struggles with both Financial errors

00:15:02.839 --> 00:15:04.615
have come to light and much has been

00:15:04.639 --> 00:15:06.656
kept confidential too much

00:15:06.680 --> 00:15:08.456
confidentiality doesn't engender

00:15:08.480 --> 00:15:10.856
Community Trust and is inconsistent with

00:15:10.880 --> 00:15:13.880
council's pillar five CSP strategy that

00:15:14.120 --> 00:15:16.055
Council will communicate openly and

00:15:16.079 --> 00:15:17.976
honestly with the community to build a

00:15:18.000 --> 00:15:19.856
relationship based on

00:15:19.880 --> 00:15:22.136
transparency understanding trust and

00:15:22.160 --> 00:15:24.656
respect whether Council should asse

00:15:24.680 --> 00:15:26.656
cons community support for its Blue

00:15:26.680 --> 00:15:29.680
Haven decisions hasn't been tested

00:15:29.759 --> 00:15:32.536
social justice principles underly K's

00:15:32.560 --> 00:15:34.696
entire integrated planning and Reporting

00:15:34.720 --> 00:15:37.375
framework of these the equity principle

00:15:37.399 --> 00:15:39.375
makes it clear that everyone should have

00:15:39.399 --> 00:15:41.815
Fair opportunity to participate in the

00:15:41.839 --> 00:15:44.375
future of the community but in relation

00:15:44.399 --> 00:15:46.416
to the sale of Blue Haven the community

00:15:46.440 --> 00:15:48.776
have been denied a fair opportunity to

00:15:48.800 --> 00:15:51.216
participate when considering the sale of

00:15:51.240 --> 00:15:54.175
Blue Haven despite recision motions the

00:15:54.199 --> 00:15:56.935
community engagement directions endured

00:15:56.959 --> 00:15:59.615
a community consultation was required

00:15:59.639 --> 00:16:01.735
which included Blue Haven staff and

00:16:01.759 --> 00:16:04.175
residents but what happened instead was

00:16:04.199 --> 00:16:06.175
that Blue Haven staff and residents were

00:16:06.199 --> 00:16:08.295
included and the general Community

00:16:08.319 --> 00:16:10.136
excluded from any

00:16:10.160 --> 00:16:12.216
consultation finally when the community

00:16:12.240 --> 00:16:14.136
was legally required to have its say

00:16:14.160 --> 00:16:16.656
during the reclassification process it

00:16:16.680 --> 00:16:18.856
was far too late to change the multiple

00:16:18.880 --> 00:16:20.295
Improvement strategies that were

00:16:20.319 --> 00:16:22.856
underpinned by the sale of Blue Haven

00:16:22.880 --> 00:16:24.656
and there was no place for the community

00:16:24.680 --> 00:16:27.016
to contribute suggestions for financial

00:16:27.040 --> 00:16:29.416
stability in a for that responded to

00:16:29.440 --> 00:16:32.295
planning legislation only the vast

00:16:32.319 --> 00:16:34.136
majority of speakers and submissions

00:16:34.160 --> 00:16:36.576
opposed reclassification for sale but

00:16:36.600 --> 00:16:38.175
there was little evidence that their

00:16:38.199 --> 00:16:40.696
views were considered so why does

00:16:40.720 --> 00:16:42.856
council feel it has a social license for

00:16:42.880 --> 00:16:45.856
the sale Kaa has functioned as a caring

00:16:45.880 --> 00:16:48.096
culture and consultative culture for

00:16:48.120 --> 00:16:50.856
many years this has been the norm of

00:16:50.880 --> 00:16:53.576
this community the community has not

00:16:53.600 --> 00:16:56.016
been openly consulted about introducing

00:16:56.040 --> 00:16:58.416
such great cultural change because

00:16:58.440 --> 00:17:00.416
because the divestment intention has

00:17:00.440 --> 00:17:03.136
been economically driven from the top

00:17:03.160 --> 00:17:05.976
down the community has been persistently

00:17:06.000 --> 00:17:08.256
held at Bay with multiple background

00:17:08.280 --> 00:17:10.976
reports remaining confidential and

00:17:11.000 --> 00:17:13.376
inaccessible Council has assed the

00:17:13.400 --> 00:17:15.216
trust of the community throughout this

00:17:15.240 --> 00:17:17.815
process yet this has never been ground

00:17:17.839 --> 00:17:20.456
truthed through properly representative

00:17:20.480 --> 00:17:21.456
cons

00:17:21.480 --> 00:17:24.480
consultation perfect five minutes thank

00:17:27.400 --> 00:17:30.400
you

00:17:31.240 --> 00:17:34.056
my ruling and I I still didn't see a

00:17:34.080 --> 00:17:35.616
motion come out of that thank you

00:17:35.640 --> 00:17:38.535
counselor my ruling is that no lawfully

00:17:38.559 --> 00:17:41.096
enforcable or meaningful motion is

00:17:41.120 --> 00:17:43.655
possible for this letter  to be

00:17:43.679 --> 00:17:46.679
crafted into a notice of motion so far

00:17:46.799 --> 00:17:48.616
three iterations have been attempted

00:17:48.640 --> 00:17:51.176
without success nber one called for a

00:17:51.200 --> 00:17:54.200
pause in the process the tender in the

00:17:54.360 --> 00:17:56.256
eyes of the Local Government Act cannot

00:17:56.280 --> 00:17:59.280
be paused and this aspect is is

00:17:59.919 --> 00:18:02.895
unlawful iteration nber two called for

00:18:02.919 --> 00:18:05.895
the process to be carried on which is a

00:18:05.919 --> 00:18:08.856
direct negative to the first iteration

00:18:08.880 --> 00:18:11.096
which was also not permitted in our code

00:18:11.120 --> 00:18:12.696
of conduct as it is

00:18:12.720 --> 00:18:15.720
unlawful the third seeks to complete the

00:18:16.120 --> 00:18:18.056
tender and this is the one that

00:18:18.080 --> 00:18:20.096
councilor R spoke of this

00:18:20.120 --> 00:18:23.120
morning to complete the tender then to

00:18:23.320 --> 00:18:24.936
pause it so there's a bit of two Bob

00:18:24.960 --> 00:18:27.376
each way in this one while we ask the

00:18:27.400 --> 00:18:30.400
minister to provide a review which he

00:18:30.440 --> 00:18:32.895
has just completed in the Raina report

00:18:32.919 --> 00:18:34.775
to investigate Kimber council's

00:18:34.799 --> 00:18:37.799
attention to community engagement please

00:18:37.960 --> 00:18:40.960
be quiet in the

00:18:41.520 --> 00:18:44.135
gallery who said

00:18:44.159 --> 00:18:47.015
that thank

00:18:47.039 --> 00:18:50.039
you the Raina

00:18:50.280 --> 00:18:53.280
report which  was used by the minister

00:18:55.440 --> 00:18:57.856
to clarify the whole situ in situation

00:18:57.880 --> 00:19:00.880
in his mind of Blue Haven and Blue Haven

00:19:01.400 --> 00:19:03.376
berera in

00:19:03.400 --> 00:19:06.336
particular

00:19:06.360 --> 00:19:09.360
 we are being asked by this letter and

00:19:10.080 --> 00:19:12.816
by the third iteration was of 

00:19:12.840 --> 00:19:15.840
councilor rice to go back two years

00:19:17.320 --> 00:19:18.856
and

00:19:18.880 --> 00:19:21.880
provide  the whole reporting framework

00:19:23.559 --> 00:19:25.696
that we have put together now that

00:19:25.720 --> 00:19:28.720
includes 62 reports on Blue Haven

00:19:29.000 --> 00:19:31.256
35 reports on

00:19:31.280 --> 00:19:34.280
financial 24 there is no  point of

00:19:34.320 --> 00:19:36.696
you're misrepresenting me say

00:19:36.720 --> 00:19:39.216
again it's an act of disorder to

00:19:39.240 --> 00:19:41.216
interrupt the speaker it it it is an act

00:19:41.240 --> 00:19:43.015
of disorder to disrupt and I'd ask you

00:19:43.039 --> 00:19:44.216
to

00:19:44.240 --> 00:19:47.240
withdraw also disorder it's an active

00:19:47.600 --> 00:19:50.456
disorder to to Y from the gallery look

00:19:50.480 --> 00:19:51.655
whether you guys like it or not I'm

00:19:51.679 --> 00:19:54.655
going to finish this  we don't like it

00:19:54.679 --> 00:19:56.655
I know you don't like it essentially we

00:19:56.679 --> 00:19:59.456
must ignore the 62 reports on Blue Haven

00:19:59.480 --> 00:20:02.480
35 reports on financial matters 24 

00:20:03.080 --> 00:20:05.216
investment reports 20 briefings to

00:20:05.240 --> 00:20:08.015
councils council is 17 workshops

00:20:08.039 --> 00:20:11.039
primarily focusing on finance Blue Haven

00:20:12.120 --> 00:20:14.576
and risk matters address the pages of

00:20:14.600 --> 00:20:16.535
the newspaper colns covered in Blue

00:20:16.559 --> 00:20:18.936
Haven stories reports and conversations

00:20:18.960 --> 00:20:21.056
in woolies and nerous public meetings

00:20:21.080 --> 00:20:23.176
with Blue Haven residents to see if

00:20:23.200 --> 00:20:25.856
we've let people know and they

00:20:25.880 --> 00:20:27.655
understand what is the process and

00:20:27.679 --> 00:20:29.496
what's happening and get their opinions

00:20:29.520 --> 00:20:30.576
on Blue

00:20:30.600 --> 00:20:33.600
Haven all three of these motions have no

00:20:33.919 --> 00:20:36.919
allocation for funding which also is

00:20:37.640 --> 00:20:39.496
unlawful

00:20:39.520 --> 00:20:42.520
lastly while the call for all of this is

00:20:42.919 --> 00:20:44.895
embedded within a letter written by two

00:20:44.919 --> 00:20:47.775
members of our LGA the council is

00:20:47.799 --> 00:20:49.376
elected

00:20:49.400 --> 00:20:51.895
representatives it has a mandate to make

00:20:51.919 --> 00:20:53.655
decisions on behalf of all of the

00:20:53.679 --> 00:20:55.936
community even if these decisions are

00:20:55.960 --> 00:20:58.960
not universally popular or whether these

00:20:59.159 --> 00:21:01.856
univers these  decisions are

00:21:01.880 --> 00:21:04.616
understood by all constituents we have a

00:21:04.640 --> 00:21:07.056
mandate to do that and while it's

00:21:07.080 --> 00:21:09.736
important to acknowledge all voices it's

00:21:09.760 --> 00:21:12.736
equally crucial to focus on the tangible

00:21:12.760 --> 00:21:15.760
and planned outcomes of council's work

00:21:15.880 --> 00:21:18.655
and that it is and that is legitimate

00:21:18.679 --> 00:21:20.736
motions that are working towards

00:21:20.760 --> 00:21:23.696
Financial stability putting this motion

00:21:23.720 --> 00:21:26.720
will not achieve that I finished my

00:21:26.760 --> 00:21:28.816
presentation and I now put it to the

00:21:28.840 --> 00:21:31.655
vote does my point of order stand those

00:21:31.679 --> 00:21:34.679
in favor sorry my procedural motion to

00:21:35.279 --> 00:21:38.279
present the  the docent as a  as

00:21:38.480 --> 00:21:40.096
as we would a petition or another

00:21:40.120 --> 00:21:42.895
docent all those so it's the motion of

00:21:42.919 --> 00:21:45.919
descent sorry it's a sorry my motion of

00:21:46.000 --> 00:21:49.000
descent the idea is that my

00:21:50.679 --> 00:21:53.679
ruling is either accepted or Not by the

00:21:55.000 --> 00:21:57.775
council my ruling is accepted or Not by

00:21:57.799 --> 00:21:59.655
the Council all those in favor of

00:21:59.679 --> 00:22:01.616
accepting my

00:22:01.640 --> 00:22:04.056
ruling all those

00:22:04.080 --> 00:22:07.080
against the ruling is carried thank

00:22:11.159 --> 00:22:14.056
you at this point in the order we have

00:22:14.080 --> 00:22:17.080
to go into closed

00:22:18.600 --> 00:22:21.600
committee

00:22:22.400 --> 00:22:25.400
May that's an act of disorder I'm sorry

00:22:26.039 --> 00:22:28.456
can we clear the court please

00:22:28.480 --> 00:22:29.216
can

00:22:29.240 --> 00:22:32.240
we can we play the gallery thank you

00:22:32.480 --> 00:22:35.456
everybody Public Access is  is over

00:22:35.480 --> 00:22:38.480
and

00:22:41.760 --> 00:22:44.416
you're  CEO could I ask you to please

00:22:44.440 --> 00:22:46.576
call the police and ex extract these

00:22:46.600 --> 00:22:49.600
people from our

00:22:51.080 --> 00:22:54.080
Gallery I hereby suspend thank these 

00:22:55.360 --> 00:22:57.416
these proceedings until such time as the

00:22:57.440 --> 00:23:00.440
gallery is cleared for

00:23:04.200 --> 00:23:07.200
confidential I now declare the U

00:23:07.760 --> 00:23:09.936
extraordinary meeting of Kima Council on

00:23:09.960 --> 00:23:12.176
the 1st of February to be

00:23:12.200 --> 00:23:14.376
reconvened  we suspended things

00:23:14.400 --> 00:23:16.856
because we had some industrial action

00:23:16.880 --> 00:23:19.880
Happening Here  it's now settled now

00:23:20.279 --> 00:23:23.279
we were about to  enter into  

00:23:24.720 --> 00:23:27.720
confidentially closed committee  can I

00:23:28.039 --> 00:23:30.456
have a motion to go into close committee

00:23:30.480 --> 00:23:32.216
thank you councelor steel and councelor

00:23:32.240 --> 00:23:34.895
draer all those in

00:23:34.919 --> 00:23:36.496
favor

00:23:36.520 --> 00:23:39.520
carried

00:23:40.679 --> 00:23:43.679
 councilors we are live and  I would

00:23:44.480 --> 00:23:47.255
ask Council to resolve and confirm to

00:23:47.279 --> 00:23:49.056
adopt the recommendations made during

00:23:49.080 --> 00:23:51.255
the confidential Committee of the H as

00:23:51.279 --> 00:23:54.279
reported by the chief executive

00:23:54.880 --> 00:23:57.880
officer thank you Mr Mayor this evening

00:23:58.000 --> 00:24:00.216
during confidential session Council

00:24:00.240 --> 00:24:03.176
discussed item 9.1 the tender for Blue

00:24:03.200 --> 00:24:04.535
Haven banera

00:24:04.559 --> 00:24:06.655
divestment I'll Now read out the

00:24:06.679 --> 00:24:09.096
resolution that Council resolved Council

00:24:09.120 --> 00:24:12.015
resolved that one it receives that by

00:24:12.039 --> 00:24:14.736
rft process request for tender Blue

00:24:14.760 --> 00:24:16.535
Haven November

00:24:16.559 --> 00:24:19.559
2023 rft Council invited Tenders in

00:24:19.760 --> 00:24:21.655
relation to the sale of its age care

00:24:21.679 --> 00:24:24.056
business known as Blue Haven banera

00:24:24.080 --> 00:24:27.080
located at 14a banera Street Cay New

00:24:27.159 --> 00:24:28.576
South Wales

00:24:28.600 --> 00:24:31.176
2533 together with relevant assets used

00:24:31.200 --> 00:24:34.200
to conduct the business and the land two

00:24:34.960 --> 00:24:36.816
receives the confidential report in

00:24:36.840 --> 00:24:39.336
relation to the rft tender Blue Haven

00:24:39.360 --> 00:24:42.216
banera divestment confidential report

00:24:42.240 --> 00:24:45.176
three receives that the rft did not

00:24:45.200 --> 00:24:47.895
include council's community Transport

00:24:47.919 --> 00:24:49.936
operations due to issues raised by

00:24:49.960 --> 00:24:52.960
transport for New South Wales

00:24:54.279 --> 00:24:57.279
tfnsw four declines to accept any of the

00:24:57.799 --> 00:25:00.176
attenders submitted in response to the

00:25:00.200 --> 00:25:03.200
rft five for the purpose of section 1783

00:25:04.480 --> 00:25:07.176
e of the local government General

00:25:07.200 --> 00:25:09.696
regulation 2021 local government

00:25:09.720 --> 00:25:12.720
regulation resolves to enter into direct

00:25:12.760 --> 00:25:15.296
negotiations with the preferred tenderer

00:25:15.320 --> 00:25:17.535
identified in the confidential report in

00:25:17.559 --> 00:25:19.696
the manner described in the confidential

00:25:19.720 --> 00:25:22.720
report six notes that the reason for

00:25:22.880 --> 00:25:25.096
Council determining to enter into direct

00:25:25.120 --> 00:25:27.816
negotiations with the preferred tenderer

00:25:27.840 --> 00:25:29.655
is that council is satisfied that the

00:25:29.679 --> 00:25:31.976
preferred tenderer would be capable of

00:25:32.000 --> 00:25:34.416
meeting the requirements set out in the

00:25:34.440 --> 00:25:37.440
rft and 7 accepts that the reason for

00:25:37.720 --> 00:25:39.775
Council declining to invite fresh

00:25:39.799 --> 00:25:42.255
tenders or applications under Section

00:25:42.279 --> 00:25:45.279
178 3B and D are a it is not expected

00:25:47.200 --> 00:25:49.015
that further Market testing will provide

00:25:49.039 --> 00:25:51.976
a more satisfactory result B despite

00:25:52.000 --> 00:25:54.216
none of the tenders being capable of

00:25:54.240 --> 00:25:57.176
acceptance at the end of the rft pro at

00:25:57.200 --> 00:25:59.976
at the rft tender Council considers that

00:26:00.000 --> 00:26:01.936
there are reasonable prospects of

00:26:01.960 --> 00:26:03.816
achieving an advantageous outcome

00:26:03.840 --> 00:26:05.616
through direct negotiations with the

00:26:05.640 --> 00:26:08.416
preferred tenderers C inviting fresh

00:26:08.440 --> 00:26:10.176
tenders would delay the sale with

00:26:10.200 --> 00:26:12.736
potentially adverse consequences for the

00:26:12.760 --> 00:26:15.655
organization eight authorizes the chief

00:26:15.679 --> 00:26:17.895
executive officer to directly negotiate

00:26:17.919 --> 00:26:19.816
with the preferred tenderers in the

00:26:19.840 --> 00:26:21.616
manner described in the confidential

00:26:21.640 --> 00:26:23.576
report for the purposes of entering into

00:26:23.600 --> 00:26:26.096
an agreement to sell council's age care

00:26:26.120 --> 00:26:29.120
business known as blue berera nine

00:26:29.720 --> 00:26:31.816
directs the chief executive officer to

00:26:31.840 --> 00:26:34.416
table any draft contract arising from

00:26:34.440 --> 00:26:37.015
direct negotiations with either of the

00:26:37.039 --> 00:26:39.216
preferred tenderers before Council for

00:26:39.240 --> 00:26:41.616
resolution prior to contract

00:26:41.640 --> 00:26:44.296
execution 10 resolves that because of

00:26:44.320 --> 00:26:47.320
extenuating circstances a satisfactory

00:26:47.360 --> 00:26:49.176
result would not be achieved by inviting

00:26:49.200 --> 00:26:50.816
tenders for the sale of council's

00:26:50.840 --> 00:26:53.416
community Transport operations related

00:26:53.440 --> 00:26:56.296
to Blue Haven berera and notes that the

00:26:56.320 --> 00:26:58.015
reasons for forming that view view are

00:26:58.039 --> 00:27:00.096
that a fresh open tender process would

00:27:00.120 --> 00:27:02.336
be difficult to conduct where transport

00:27:02.360 --> 00:27:04.736
for New South Wales requires direct

00:27:04.760 --> 00:27:07.616
involvement 11 authorizes the chief

00:27:07.640 --> 00:27:10.096
executive officer under Section

00:27:10.120 --> 00:27:13.120
553 I of the Local Government Act to a

00:27:13.480 --> 00:27:15.135
directly negotiate with the parties

00:27:15.159 --> 00:27:17.336
listed in the confidential report for

00:27:17.360 --> 00:27:18.856
the purposes of entering into an

00:27:18.880 --> 00:27:20.456
agreement to sell the council's

00:27:20.480 --> 00:27:22.655
community Transport operations related

00:27:22.679 --> 00:27:25.679
to the Blue Haven banera and B execute

00:27:25.919 --> 00:27:28.375
any agreement arising from the those

00:27:28.399 --> 00:27:31.375
direct negotiations thank you and I will

00:27:31.399 --> 00:27:34.399
put the motion that  we resolved that

00:27:34.559 --> 00:27:36.696
the confidential Committee of the whole

00:27:36.720 --> 00:27:39.096
representations  be confirmed and

00:27:39.120 --> 00:27:41.535
adopted go a second for that Council

00:27:41.559 --> 00:27:44.559
Brown all those in

00:27:45.039 --> 00:27:46.696
favor

00:27:46.720 --> 00:27:49.720
and sorry all those in favor of having

00:27:51.039 --> 00:27:53.176
may please just before you conclude the

00:27:53.200 --> 00:27:54.856
vote I've missed one recommendation

00:27:54.880 --> 00:27:56.416
we've missed a recommendation that's why

00:27:56.440 --> 00:27:59.135
you're holding off I know my apologies

00:27:59.159 --> 00:28:01.216
councilors I missed an amendment that

00:28:01.240 --> 00:28:03.696
was agreed during the resolution that

00:28:03.720 --> 00:28:06.720
Amendment relates to item item eight

00:28:08.080 --> 00:28:09.895
item eight now reads and I'll read it

00:28:09.919 --> 00:28:11.936
from the start authorizes the chief

00:28:11.960 --> 00:28:14.255
executive officer to directly negotiate

00:28:14.279 --> 00:28:15.736
with the preferred tenderers in the

00:28:15.760 --> 00:28:17.456
manner described in the confidential

00:28:17.480 --> 00:28:19.576
report for the purposes of entering into

00:28:19.600 --> 00:28:21.856
an agreement to sell council's blue to

00:28:21.880 --> 00:28:24.015
sell council's age care business known

00:28:24.039 --> 00:28:27.039
as Blue Haven banera it now includes B

00:28:28.000 --> 00:28:29.696
ensuring in accordance with the fairw

00:28:29.720 --> 00:28:32.720
work act 2009 that for a period of 5

00:28:32.840 --> 00:28:34.456
years the current terms and conditions

00:28:34.480 --> 00:28:36.775
of employment be transferred to the

00:28:36.799 --> 00:28:38.895
employment of the transferring employees

00:28:38.919 --> 00:28:40.375
with the new

00:28:40.399 --> 00:28:43.255
employer thank you once again I will

00:28:43.279 --> 00:28:46.279
call U I will move that  it's resolved

00:28:48.360 --> 00:28:49.736
that the confidential Committee of the

00:28:49.760 --> 00:28:52.760
whole recommendations be confirmed and

00:28:52.840 --> 00:28:55.840
adopted all those in favor and Council

00:28:56.159 --> 00:28:59.159
Brown seconded that thank

00:28:59.840 --> 00:29:02.840
you that concludes the  no it does not

00:29:05.200 --> 00:29:08.096
we have  can I please have a motion to

00:29:08.120 --> 00:29:09.416
bring forward and deal with the

00:29:09.440 --> 00:29:12.440
supplementary items S one  noted

00:29:12.640 --> 00:29:14.616
intention to VAR performance Improvement

00:29:14.640 --> 00:29:17.640
order councelor steel and councelor lens

00:29:17.799 --> 00:29:19.495
all those in

00:29:19.519 --> 00:29:22.519
favor  we have just received this and

00:29:22.760 --> 00:29:25.655
 I would like gay motion to note those

00:29:25.679 --> 00:29:28.015
those docents Council br move to note

00:29:28.039 --> 00:29:30.416
yes and councilor croxford  do you

00:29:30.440 --> 00:29:31.976
wish to speak to it Council Brown

00:29:32.000 --> 00:29:35.000
Council croxford  no other speakers 

00:29:35.720 --> 00:29:38.096
yes councelor Ren Kim Lang  yes I I

00:29:38.120 --> 00:29:40.255
would like to speak to it  the

00:29:40.279 --> 00:29:43.279
performance Improvement order  if I

00:29:44.320 --> 00:29:47.320
may thank you mayor I'm I'm pleased to

00:29:47.799 --> 00:29:49.456
receive this notice of proposed

00:29:49.480 --> 00:29:51.495
performance Improvement order it's

00:29:51.519 --> 00:29:53.056
something that we should embrace and act

00:29:53.080 --> 00:29:55.375
on it's a timely reminder that we need

00:29:55.399 --> 00:29:57.736
to learn from past mistakes to make sure

00:29:57.760 --> 00:29:59.736
that we are not making the same mistakes

00:29:59.760 --> 00:30:02.760
of in the past of the past and change

00:30:03.440 --> 00:30:05.856
our Behavior to act responsibly with

00:30:05.880 --> 00:30:08.216
regard to our government governance

00:30:08.240 --> 00:30:09.936
responsibilities under the Local

00:30:09.960 --> 00:30:12.336
Government Act to make sure that the

00:30:12.360 --> 00:30:14.696
community is listened to understood and

00:30:14.720 --> 00:30:16.375
we act in the best interest and all

00:30:16.399 --> 00:30:18.535
cohorts of the community particularly

00:30:18.559 --> 00:30:21.096
the most vulnerable to verify that we

00:30:21.120 --> 00:30:23.816
have the most accurate and relevant

00:30:23.840 --> 00:30:26.375
information that information is provided

00:30:26.399 --> 00:30:28.416
to us well in advance of having to make

00:30:28.440 --> 00:30:30.775
important decisions to make sure that

00:30:30.799 --> 00:30:33.015
each counselor is treated respectfully

00:30:33.039 --> 00:30:35.296
listened to and the views are considered

00:30:35.320 --> 00:30:37.535
and debated equally this is what leads

00:30:37.559 --> 00:30:39.895
to better decision making I would like

00:30:39.919 --> 00:30:42.135
it on the record that the pi includes

00:30:42.159 --> 00:30:44.255
several actions that are in alignment

00:30:44.279 --> 00:30:47.279
with motions I have attempted to pass be

00:30:47.760 --> 00:30:50.760
passed by Council in the last year just

00:30:51.320 --> 00:30:54.320
three of those motions are April 2023

00:30:55.120 --> 00:30:58.120
13.1 counselor we do not record all of

00:30:58.760 --> 00:31:01.576
those things that you've said we either

00:31:01.600 --> 00:31:03.375
you vote for it or you vote against it

00:31:03.399 --> 00:31:05.576
and that's recorded but whether you put

00:31:05.600 --> 00:31:08.456
it up and the the minister had the 

00:31:08.480 --> 00:31:11.015
the perspicacity to bring it forward and

00:31:11.039 --> 00:31:13.576
put it into these ones is I would I

00:31:13.600 --> 00:31:15.255
would just like it on the record to show

00:31:15.279 --> 00:31:18.279
that I am

00:31:22.399 --> 00:31:25.399
responsible so you've had stand up carry

00:31:25.799 --> 00:31:28.799
on you know  thank you I would just

00:31:29.240 --> 00:31:32.240
like to demonstrate that I

00:31:33.200 --> 00:31:36.200
 sorry no I cannot put the motion

00:31:36.399 --> 00:31:37.895
because we haven't had two speakers in

00:31:37.919 --> 00:31:40.216
favor and against so I cannot put the

00:31:40.240 --> 00:31:43.240
motion nobody wanted to

00:31:43.559 --> 00:31:46.336
speak I I am just wanting the

00:31:46.360 --> 00:31:48.096
opportunity to have on the public record

00:31:48.120 --> 00:31:49.936
and demonstrate that I've taken this

00:31:49.960 --> 00:31:52.615
seriously I have tried to put several

00:31:52.639 --> 00:31:55.639
motions forward  in 2023 and  if I

00:31:57.320 --> 00:32:00.320
have the opportunity to read them out i'

00:32:00.360 --> 00:32:02.816
rather you didn't counsel it we can go

00:32:02.840 --> 00:32:04.096
back and we can have a look the other

00:32:04.120 --> 00:32:06.895
thing is and I'm sorry to interrupt you

00:32:06.919 --> 00:32:09.919
and councelor brown but part of those

00:32:10.720 --> 00:32:12.775
performance Improvement orders talks

00:32:12.799 --> 00:32:15.799
about the way we make decisions and how

00:32:15.960 --> 00:32:17.976
we allow those decisions to drag on and

00:32:18.000 --> 00:32:19.696
on and on and on and on before we make

00:32:19.720 --> 00:32:22.216
them and we keep talking about them and

00:32:22.240 --> 00:32:24.535
it it it it shows me that there's

00:32:24.559 --> 00:32:26.015
dysfunction if you just want to sit back

00:32:26.039 --> 00:32:29.039
and read all motions that you've put so

00:32:29.600 --> 00:32:31.696
look I take it that you've probably had

00:32:31.720 --> 00:32:33.736
a bit of forethought about this and you

00:32:33.760 --> 00:32:35.775
you've you've done some good work with

00:32:35.799 --> 00:32:38.799
 with regard to  this Council but

00:32:40.480 --> 00:32:43.176
now we have to move on and we have to be

00:32:43.200 --> 00:32:46.200
quick I move a motion of

00:32:48.240 --> 00:32:51.240
descent yes counselor your motion of

00:32:52.919 --> 00:32:55.919
descent I as a matter of fact counselor

00:32:56.360 --> 00:32:58.495
it's not a motion of dissent I see it as

00:32:58.519 --> 00:33:01.255
a motion of disorder and I'd ask you to

00:33:01.279 --> 00:33:03.216
withdraw that motion of dissent and

00:33:03.240 --> 00:33:05.615
apologize to the

00:33:05.639 --> 00:33:08.296
counselors I disagree I don't see it as

00:33:08.320 --> 00:33:11.320
a motion of disorder counselor it is a

00:33:11.720 --> 00:33:14.720
motion of disorder and I ask you to

00:33:14.880 --> 00:33:17.880
either withdraw this and  apologize to

00:33:18.720 --> 00:33:21.720
the counselors or or leave this

00:33:23.120 --> 00:33:26.120
meeting  May through you I will leave

00:33:27.039 --> 00:33:30.039
the

00:33:37.760 --> 00:33:39.615
meeting May now can I move that the

00:33:39.639 --> 00:33:42.615
motion be

00:33:42.639 --> 00:33:45.639
put yeah  I now put the motion all

00:33:47.279 --> 00:33:49.976
those in favor say I

00:33:50.000 --> 00:33:52.856
so I'll tell you what we're doing and I

00:33:52.880 --> 00:33:55.255
know it's very hard for some of you and

00:33:55.279 --> 00:33:57.135
some have only been here soon  you

00:33:57.159 --> 00:34:00.159
know for a short time once we have a

00:34:00.240 --> 00:34:01.615
committee of the

00:34:01.639 --> 00:34:03.895
whole things are a little bit looser we

00:34:03.919 --> 00:34:05.976
can talk for more time we can you know

00:34:06.000 --> 00:34:08.296
we can do a few things we can talk more

00:34:08.320 --> 00:34:10.375
than once then once we come out of

00:34:10.399 --> 00:34:11.496
Committee of the

00:34:11.520 --> 00:34:14.016
whole that those motions are only

00:34:14.040 --> 00:34:16.055
decided in that particular committee we

00:34:16.079 --> 00:34:19.055
then move into the ordinary meeting and

00:34:19.079 --> 00:34:21.055
with the ordinary Meeting those

00:34:21.079 --> 00:34:24.079
decisions made are then ratified and

00:34:24.240 --> 00:34:26.456
that was to ratify those motions for

00:34:26.480 --> 00:34:28.296
that that that previous area and it

00:34:28.320 --> 00:34:30.335
seemed to be lost on a lot of people now

00:34:30.359 --> 00:34:33.359
this was a simple noting of   

00:34:34.000 --> 00:34:35.375
docents that have been sent by the

00:34:35.399 --> 00:34:37.655
minister telling us to pull our socks up

00:34:37.679 --> 00:34:40.615
and to  to sort of get on and fly

00:34:40.639 --> 00:34:43.639
right and what I saw there was a  a

00:34:44.399 --> 00:34:46.815
bit of grandstanding and it finished up

00:34:46.839 --> 00:34:49.839
and I considered it to be a motion of

00:34:50.040 --> 00:34:53.040
dissent and and and I must say speaking

00:34:53.440 --> 00:34:56.440
over the  the speaker is an act of

00:34:56.480 --> 00:34:57.416
disorder

00:34:57.440 --> 00:34:59.296
now we've had we've had a whole pile of

00:34:59.320 --> 00:35:01.976
interesting things happen tonight now

00:35:02.000 --> 00:35:05.000
the meeting's over thank

00:35:11.680 --> 00:35:14.680
you we voted only it's an information

00:35:16.400 --> 00:35:17.815
report so

00:35:17.839 --> 00:35:20.839
simply the meeting the meeting

00:35:20.880 --> 00:35:23.880
at f 10 minutes to 7 is

00:35:25.800 --> 00:35:28.800
closed