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Proceedings
in Brief
The Chair
reminded the Council that Clr Hayes had the right to speak first as he had
moved the motion, then each Councillor would have one opportunity to speak
with a strict time limit of 5 minutes per speaker, followed by a right of
reply from Clr Hayes.
He advised
that a rescission motion had been received from Clrs MacSmith, Hayes and Dean
which was as follows:
THAT the
following motion resolved at the extraordinary Council meeting held 11
October 2016
“ADDITIONAL
ITEM – 5 LAND & ENVIRONMENT COURT – JUDGEMENT
MOTION
(Durkin/Nash)
1.
Council lodge a Notice of Intention to Appeal against the
judgement brought down by the Land & Environment Court against Council on
7 October 2016 and seek agreement from the State Government not to take any
further action prior to the Woollahra Council Supreme Court appeal
determination and for seven days thereafter;
2.
Council seek an injunction or interlocutory orders to stay any
action should the State Government not agree to an undertaking as requested
in 1. above;
3.
Should the State Government not agree to give an undertaking as
requested in 1. above, Council consider lodging a formal appeal subject to
further advice from counsel and consideration by Council at the earliest
opportunity.”
Be
rescinded.
Clr Hayes
waved the right to address the Council as the first speaker.
Clr MacSmith
stated that following on from the motion on Tuesday 11 October 2016 he tried
to move an amendment, however that he felt that he could not verbalise the
correct words for the amendment so withdrew it on the day. He also
noted the absence of Councillor Davison from the Tuesday meeting and felt
that by calling a rescission motion he was giving the whole Council the
opportunity to vote on such an important issue.
He further
stated that he had received advice from a solicitor from Sydney that Cabonne
Council cannot win any further court case and stated that he feels that it is
time to stop fighting. He noted that whilst he understands the vast culture
divide between Orange and Cabonne, he also recognised the immense pressure that
was currently being put on Council staff with many staff members now being
placed in acting roles.
Clr
MacSmith also noted the pressures that were being put on the Council and in
particular, the pressure that the Mayor has been under was extreme. He
stated that he feels that it is time to move forward and merge with Orange
City Council and Blayney Shire Council.
Clr
Treavors stated that he agreed with Clr MacSmith, and whilst he personally
does not like the decision to merge, he felt emotions need to be put aside
and that Council needed to look at the ruling from the Court. He stated
that unless new evidence was bought forward to warrant an appeal, Council
should not continue to fight the ruling.
Clr
Culverson stated that Council needed to step up and take true leadership of
the Cabonne communities, which meant to make tough decisions – not to
grandstand or let personal feelings come into play in decision making
processes.
She stated
that this decision needed to be made taking into account Cabonne communities
and council staff members and that the Council had the responsibility to make
good decisions, even if the decisions may be deemed unpopular.
Clr
Culverson went on to say that the court cases were costing rate payers, and
that council staff were working hard to cover vacant positions that had come
about and that the staff needed stability and security.
She stated
that the court case had been lost and that Council now needs to move forward
and fight the next fight, which was to represent communities who rely on
Council at the negotiation table when the three Councils of Orange, Blayney
and Cabonne merged and ensure that the communities and staff had every
opportunity available which would come from Council putting measures and
support in place.
Clr Dean
stated that he felt that Council had reached the end of their options in
regards to fighting the court case.
Clr Durkin stated
that he was against the motion and that Cabonne Council was a local council
not a regional Council and that they needed to ensure that the rate payers were
represented. He noted that Council should not let political influence
take part in the decision making process.
Clr Davison
stated that Council was there to represent people the people and that a poll
taken by 68 percent of residents showed that 93 percent were against an
amalgamation of Councils and felt it was important to continue to agree to
further appeal
The Mayor stated
that he was against the motion and that he had received disturbing reports
that one of the Councillors had been offering deals and benefits to other
Councillors. He noted his concern that politics was now playing a part
in the Council where, in the past, it never had before.
He further
went on to say that a great deal of time and effort had been put towards
fighting a forced amalgamation and that now was not the time to give
up. He stated that many council staff members had contacted him and he
felt confident that the staff were supporting Council to continue to fight in
court.
The Mayor
also noted that this fight was for the rights of Cabonne residents and not
about personal self-gain and that Council had a responsibility to represent
the communities of Cabonne not the State Government.
Clr Hayes
stated that he felt he had addressed all the points for why Council should
not further proceed with any court case at the Tuesday 11 October
Extraordinary meeting.
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