13 January 2016
NOTICE OF EXTRAORDINARY COUNCIL MEETING
Your attendance is respectfully requested at the Extraordinary Meeting of Cabonne Council convened for Tuesday 19 January, 2016 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.
Yours faithfully
Andrew L Hopkins
GENERAL MANAGER
ORDER OF BUSINESS
1) Open Ordinary Meeting
2) Consideration of General Manager’s Report
a) Ministerial proposal for the amalgamation of Cabonne Orange and Blayney;
b) Proposed Canowindra Retirement Accommodation project;
c) Funding for minor works to the Nashdale/Lidster public hall;
d) Application for grant from Canowindra Town Improvement Fund.
GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Extraordinary Council Meeting TO BE HELD ON Tuesday 19 January, 2016
Page 1
TABLE OF CONTENTS
ITEM 1 APPLICATIONS FOR LEAVE OF ABSENCE................................. 2
ITEM 2 DECLARATIONS OF INTEREST...................................................... 2
ITEM 3 DECLARATIONS FOR POLITICAL DONATIONS.......................... 3
ITEM 4 MINISTERIAL PROPOSAL FOR THE AMALGAMATION OF CABONNE ORANGE AND BLAYNEY............................................................................................... 4
ITEM 5 PROPOSED CANOWINDRA RETIREMENT ACCOMMODATION PROJECT 6
ITEM 6 FUNDING FOR MINOR WORKS TO NASHDALE/LIDSTER PUBLIC HALL 7
ITEM 7 APPLICATION FOR GRANT FROM CANOWINDRA TOWN IMPROVEMENT FUND 8
ANNEXURE ITEMS
ANNEXURE 4.1 Guidelines on council decision making during merger proposal periods_0.pdf........................................... 10
ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE
REPORT IN BRIEF
Reason For Report |
To allow tendering of apologies for Councillors not present. |
Policy Implications |
Nil |
Budget Implications |
Nil |
IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 720680 |
THAT any apologies tendered be accepted and the necessary leave of absence be granted. |
General Manager's REPORT
A call for apologies is to be made.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.
ITEM 2 - DECLARATIONS OF INTEREST
REPORT IN BRIEF
Reason For Report |
To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting. |
Policy Implications |
Nil |
Budget Implications |
Nil |
IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2015 - 720681 |
THAT the Declarations of Interest be noted. |
General Manager's REPORT
A call for Declarations of Interest.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.
ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS
REPORT IN BRIEF
Reason For Report |
To allow an opportunity for Councillors to declare any Political Donations received. |
Policy Implications |
Nil |
Budget Implications |
Nil |
IPR Linkage |
4.5.1.g - Code of Meeting Practice adopted and implemented. |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 720682 |
THAT any Political Donations be noted. |
General Manager's REPORT
A call for declarations of any Political Donations.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.
ITEM 4 - MINISTERIAL PROPOSAL FOR THE AMALGAMATION OF CABONNE ORANGE AND BLAYNEY
REPORT IN BRIEF
THAT Council endorse the engagement of Morrison Low consultants to prepare an independent review and submission under S263(3) for consideration by Council. |
Director of Finance and Corporate Services' REPORT
Council would be aware that on 18 December 2015 the government announced its intention to put forward a proposal for the amalgamation of Cabonne Orange and Blayney councils. On 6 January 2016 the Minister made the formal proposal and forwarded it to the Office of Local Government to commence the process.
A teleconference was held on 8 January 2016 with the outcome as follows:-
Letters to councils - Letters have been sent to affected councils by the delegates.
Delegates meet with councils – during late January / early February.
Public inquiries - Delegates will arrange public inquiries (for each council) - times, dates and locations will be made available mid–January.
Submissions - Written submissions invited from councils and communities – closing date Sunday 28 February.
Submissions reviewed - Delegates examine proposals and submissions in line with requirements of the Act and prepare reports – timeframe not specified.
Boundaries Commission - Reports provided to the Boundaries Commission for comment.
Minister - Delegates report to Minister for decision.
New councils commence - Decision announced by proclamation of the Governor (expected around mid-2016).
Guidelines have also been issued for “Council Decision Making During Merger Proposal Periods” (the Guidelines) which are attached for council’s information. These guidelines have been issued under S23A of the Local Government Act and council must take them into consideration when making a determination. Staff have been instructed to include a paragraph in all reports for determination drawing attention to the guidelines and whether recommendations made comply with them.
Key elements raised in the guidelines are that Council and council officials:
· Must not prevent or disrupt the consideration of merger proposals (other than through legitimate exercise of legal rights of review or appeal);
· Must not use council resources to oppose or support a proposal for personal or political purposes;
· Must not damage or impede the operational effectiveness of a new council.
Detailed provisions have been included in the guidelines in relation to financial management, workforce management, regulatory functions and merger related information campaigns. Enforcement guidelines indicate that failure to comply with the Guidelines may result in the issue of a Performance Improvement Order (the pre-cursor to appointing an Administrator) and the possibility of surcharging council officials for any deficiency or loss as a result of negligence or misconduct (making individuals personally liable for any financial loss).
Council has until 28 February 2016 to make a formal submission in relation to the proposal and due to this narrow timeframe the services of Morrison Low (who already have a background in matters related to a possible merger) have been engaged to conduct an independent review and draft a submission for council to consider that addresses the matters contained in S263(3).
Funds are available in the budget for a Strategic Capacity Project which enable the project to proceed at a cost of $55,000 plus disbursements. Council’s endorsement of the above actions is requested.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is already included in the 2015/2016 budget and it is considered it complies with the guidelines as it is necessary as part of the merger proposal process.
ITEM 5 - PROPOSED CANOWINDRA RETIREMENT ACCOMMODATION PROJECT
REPORT IN BRIEF
Reason For Report |
To advise Council regarding a Notice of Motion received. |
Policy Implications |
Nil |
Budget Implications |
$750,000 not included in current budget plus $450,000 long term loan. |
IPR Linkage |
3.2.1.b. Facilitate retirement and aged care projects and services |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\CANOWINDRA PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 725144 |
THAT the Notice of Motion be dealt with. |
Director of Finance and Corporate Services' REPORT
A Notice of Motion has been received from Councillors Walker and Hayes as follows:
We the undersigned Councillors hereby give notice of intention to move the following motion at the Extraordinary Council meeting to be held on 19 January 2016:-
“THAT Council provide $550,000 in infrastructure funding and $450,000 by way of a long term loan to the Canowindra Retirement Village Association Inc to enable the establishment of a retirement village in Canowindra and an additional $200,000 from the Canowindra Town Improvement Fund for remaining infrastructure improvements.”
(Signed)
……………………… ……………………
Clr K Walker Clr M Hayes
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter does not meet the guidelines as it is not included in the 2015/2016 budget and is greater than $250,000 and could also impose a significant and ongoing financial commitment on a new council.
In order for the Notice of Motion to be dealt with it would need to be moved and seconded on the day of the meeting.
ITEM 6 - FUNDING FOR MINOR WORKS TO NASHDALE/LIDSTER PUBLIC HALL
REPORT IN BRIEF
Reason For Report |
To advise on meeting held to discuss possible assistance. |
Policy Implications |
Nil |
Budget Implications |
$3673.70 from the Community Facilitation Fund. |
IPR Linkage |
3.3.5.a. Review community need for new and upgraded facilities |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 725151 |
THAT Council contribute a further $673.70 towards the cost of insurance for the Nashdale/Lidster Public Hall. |
Director of Finance and Corporate Services' REPORT
Following a matter of urgency raised by Clr Davison at the December 2015 council meeting, the Mayor, General Manager and Clr Davison met with representatives of the Nashdale/Lidster Hall Committee to discuss matters raised in correspondence that had been tabled before council.
The outcome of the meeting was that due to the urgent need to resolve the insurance cover for the hall that $3000 would be provided from the Community Facilitation Fund (the maximum amount under the policy) with the remainder of $673.70 to be reported to council for consideration. The representatives were advised of the council’s community assistance program and it was suggested that application be made in the next round for items such as the stove and rain water tank mentioned in their correspondence.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of a minor nature with funding available in the current budget and it is considered it complies with the guidelines.
ITEM 7 - APPLICATION FOR GRANT FROM CANOWINDRA TOWN IMPROVEMENT FUND
REPORT IN BRIEF
Reason For Report |
To advise on request for funding from the Canowindra Showground and Racecourse Trust. |
Policy Implications |
Nil |
Budget Implications |
$47,900 from the Canowindra Town Improvement Fund. |
IPR Linkage |
3.3.6.a. Maintain sporting, recreational, council and community facilities |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CANOWINDRA SHOWGROUND - 725167 |
THAT Council determine whether it wishes to agree to the request. |
Director of Finance and Corporate Services' REPORT
The Canowindra Showground and Racecourse Trust have written to Council seeking a grant of $47,900 (inc GST) from the Canowindra Town Improvement Fund to build an amenities block, including disabled facilities, near the new multi-purpose shed at the Canowindra Showground.
The Canowindra Showground and Racecourse Trust is a Trust dedicated for the purposes of maintaining the care, control and management of the Canowindra Showground and Racecourse, it is not a S355 committee and is appointed by the State of NSW.
Clr Walker has indicated that he believes the amenities block would be of benefit to the Canowindra community and as such should be funded from the Canowindra Town Improvement Fund.
Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is not included in the 2015/2016 budget, however allocations from the Canowindra Town Improvement Fund have traditionally been made on the recommendation of local councillors as the need arises, these funds can only be used for projects within the Canowindra town improvement area and it is considered it would comply with the guidelines as it is less than $250,000 and is being considered at a council meeting that is open to the public.