RCC LOGO_Stacked_COLOUR_RGBTHESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

 

 

 

 

 

 

 

 

 


THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Extraordinary Council Meeting of the Council of the City of Randwick HELD ON

Tuesday, 9 May 2017 AT 6:11pm

 

Present:

The Mayor, Councillor N D’Souza (Chairperson) (South Ward)

 

Councillor B Roberts (Deputy Mayor) (East Ward)

 

North Ward                                               -    Councillors K Neilson, L Shurey & K Smith

                                                                     

South Ward                                              -    Councillors R Belleli & P Garcia

 

East Ward                                                 -    Councillors T Bowen & M Matson

 

West Ward                                                -    Councillors G Moore, S Nash & H Stavrinos

 

Central Ward                                            -    Councillors A Andrews, T Seng &

                                                                      G Stevenson

 

Officers Present:

General Manager                                                 Mr R Brownlee

Director City Services                                          Mr J Frangoples

Director City Planning                                          Ms S Truuvert

Director Governance & Financial Services             Mr J Smith

Senior Administrative Coordinator                        Ms J Hartshorn

Manager Development Assessment                      Mr K Kyriacou

Communications Manager                                    Mr J Hay

Executive Manager                                              Mr L Fitzgerald

Manager Performance Improvement                     Ms A Warner

 

The meeting was adjourned at 6.11pm and was resumed at 7.24pm.

 

Prayer & Acknowledgement of Local Indigenous People

The Council Prayer was read by Cr Garcia. The Acknowledgement of Local Indigenous People was read by Cr Matson.

 

Apologies/Granting of Leave of Absences 

 

Nil.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Nil.

 

 

Confidential reports (closed session)

 

That the meeting move into closed session in order to consider confidential items.

 

Closed Session

 

GM6/17   Confidential - Consideration of Legal Advice on Court of Appeal Decision - Ku Ring Gai Council v Gary West  (F2016/04003)

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

77/17

RESOLUTION: (Matson/Bowen) that:

 

1.       Randwick City Council immediately commence proceedings against the NSW Government to challenge the merger proposal for Randwick, Waverley and Woollahra Councils on the grounds identified in the opinion of Mr Davidson, SC, dated 8 May 2017 and any other appropriate grounds identified.

 

2.       Such proceedings include an application for an urgent injunction to be heard by close of business 11 May 2017 to restrain the NSW State Government from proceeding with any amalgamation proposal for Randwick City Council until such time as the substantive proceedings are concluded.

 

3.       The two sets of legal advice from Marsdens Law Group (procured by Council) and the advice from Mr Ian Davidson, SC, (procured by Cr Bowen and other undisclosed Councillors) be made publicly available to establish and enhance the credibility and due diligence of what Council is trying to achieve.

 

4.       A Councilors’ briefing be held next Tuesday, 16 May 2017, and Mr Ian Davidson, SC, be invited to attend.

 

Cr Bowen tabled legal advice from Senior Counsel, Mr Ian Davidson, dated 8 May 2017, ‘Possible challenge to merger proposal for Randwick City Council’.

 

RESOLVED: (Procedural Motion): (Matson/Andrews) that the meeting be adjourned for 20minutes to allow Councillors time to read the advice from Senior Counsel.

 

The meeting was adjourned at 8.04pm and was resumed at 8.29pm.

 

AMENDMENT: (Nash/Roberts) that, subject to advice being obtained and prior to commencement of proceedings, all Councillors who support the commencement of proceedings be invited to sign an agreement indemnifying the Council and its residents and ratepayers from all legal fees to be paid by the Council in respect of the proceedings. LOST.

 

Councillors Nash and Smith called for a DIVISION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Belleli

Councillor Nash

Councillor Bowen

Councillor Roberts

Councillor D'Souza

Councillor Seng

Councillor Garcia

Councillor Smith

Councillor Matson

Councillor Stavrinos

Councillor Moore

 

Councillor Neilson

 

Councillor Shurey

 

Councillor Stevenson

Total (6)

Total (9)

 

MOTION: (Matson/Bowen) CARRIED – SEE RESOLUTION.

 

Councillors Bowen and Nash called for a DIVISION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Nash

Councillor Belleli

Councillor Roberts

Councillor Bowen

Councillor Seng

Councillor D'Souza

Councillor Smith

Councillor Garcia

Councillor Stavrinos

Councillor Matson

 

Councillor Moore

 

Councillor Neilson

 

Councillor Shurey

 

Councillor Stevenson

 

Total (10)

Total (5)

  

 

 

Open Session

 

That the meeting move back into open session.

 

Rescission Motion

Nil.

 

 

There being no further business, His Worship the Mayor, Cr D’ Souza, declared the meeting closed at 9.00pm.

 

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 23 May 2017.

 

 

 

 

...................................................

CHAIRPERSON