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Minutes

Extraordinary Meeting of Council

20 May 2016, 8:30am

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Extraordinary Meeting of Council 20 May 2016

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn , Councillor S. Cheong, Councillor M. Gold, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services and Manager – Governance.

 

DECLARATIONS OF INTEREST: Nil

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

SUSPENSION OF STANDING ORDERS

98

RESOLVED on the motion of Councillors Bennison and Brent that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three (3) minutes.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Tom Lawson of Greenwich opposing the forced amalgamation of Council and highlighting recent media coverage related to the topic.

 

Don Murchison of Greenwich opposing the forced amalgamation of Council and urging Council to pursue further legal action to prevent the proposed merger.

 

Jim Sanders of Hunters Hill opposing the proposed forced amalgamation of Council expressing concerns with the potential loss of democracy.

 

Ron Gornall of Lane Cove opposing the forced amalgamation of Council and suggesting additional potential legal grounds that may be pursued to prevent the proposed merger.

 

Paul Hargrave of Leslie Hargrave Lawyers providing an update in relation to the ongoing NCAT proceedings in relation to seeking the release of merger documentation applied for under GIPA.

 

RESUMPTION OF STANDING ORDERS

99

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be resumed.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

Orders Of The Day

 

The Mayor addressed Council and members of the community present regarding the legal options available and Council’s actions to date in opposing the forced amalgamation of Council.

 

Officer Reports for Determination

 

Fit for the Future - Consideration of Council's Legal Options

 

MOTION

A Motion was moved by Councillors Hutchens and Gold that:-

1.   Council continue to support the NCAT proceedings initiated by Councillor Scott Bennison in seeking access to the full KPMG Report;

2.   Council offer support and provide assistance to Hunter’s Hill and other councils in their individual legal proceedings against merger proposals including providing any evidence to assist their position, such as relevant information revealed as a result of the release of documents obtained in the NCAT proceedings; and

3.   A transcript of this speech be included in the Minutes.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Bennison and Brent that:-

1.       Council continue to support the NCAT proceedings initiated by Councillor Scott Bennison in seeking access to the full KPMG Report.

2.       Council has conducted surveys of its community which indicate in excess of 70% of residents oppose forced amalgamations.  Council considers it is in the public interest and in the interest of the residents of Lane Cove to ensure that any amalgamation process is lawful, conforms with the requirements of the Local Government Act 1993, affords its community a proper opportunity to understand and participate in the process and is transparent and fair.

3.       Council notes proceedings have been commenced by Hunter's Hill Council, North Sydney Council, Mosman Council, Strathfield Council, Ku-ring-gai Municipal Council and Shellharbour City Council challenging the lawfulness of the State Government's amalgamation process which are listed for hearing commencing on 30 May 2016.

4.       Council authorise the General Manager to commence, manage and conduct legal proceedings deemed necessary and available to:-

(a)   Challenge any action, process, decision or order of the State Government; and/or

(b)   Restrain the State Government from acting upon any decision or order, that would have the effect of forcing the amalgamation or dissolution of Lane Cove Council and / or its governance structure including but not limited to the placing of Council into administration or the suspension of Councillors, pending any forced amalgamation.

5.       Council commence legal proceedings to restrain the taking of actions, undertaking of processes, making of decisions by the State Government, the Minister for Local Government, the Chief Executive of the Office of Local Government and/or the Boundaries Commission or all or any of these which do not conform with statutory processes prescribed by the Local Government Act 1993 and/or which deny Council and its community a fair and transparent process in respect of the appointment of an administrator(s) or any other action which impacts upon the local government area boundaries of Council, Council’s governance structure and the role and functions of the elected members of the Council, noting the improved prospects of success as a result of the information obtained from current NCAT proceedings.

6.         The legal proceedings be funded from the Corporate Relations vote in the 2015/16 adopted budget.

 

Upon being put to the meeting the motion was declared lost.

 

For the Motion were Crs Gold, Hutchens, Brooks-Horn and Cheong (Total 4).

Against the Motion were Crs Karpin, Palmer, Bennison, Brent and Strassberg (Total 5).

 

The Foreshadowed Motion became the motion.

100

Upon being put to the meeting the motion was declared carried.

 

For the Motion were Crs Karpin, Palmer, Bennison, Brent and Strassberg (Total 5).

Against the Motion were Crs Gold, Hutchens, Brooks-Horn and Cheong (Total 4).

 

CLOSE

 

The meeting closed at 9:26am.

 

Confirmed at the Ordinary Council Meeting of Monday, 20 June 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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