Bland Shire Council€¦ · Council Recommendation: 03052015 RESOLVED on the motion of Cr Grellman...

Bland Shire Council

Minutes

Ordinary Council Meeting

19 May 2015

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF BLAND HELD IN THE COUNCIL CHAMBERS WEST WYALONG ON TUESDAY 19 MAY 2015

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ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST A guiding checklist for Councillors, Officers and Advisory Committees

Ethical Decision Making

• Is the decision or conduct legal? • Is it consistent with Government policy, Council’s objectives and Code of Conduct? • What will the outcome be for you, your colleagues, the Council, anyone else? • Does it raise a conflict of interest? • Could your possible conflict of interest lead to private gain or loss at public expense? • Can the decision be justified in terms of public interest? • Would it withstand public scrutiny?

Conflict of Interest

• A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Office of Local Government and, Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).

The test for conflict of interest

• Is it likely I could be influenced by personal interest in carrying out my public duty? • Would a fair and reasonable person believe I could be so influenced? • Conflict of interest is closed tied to the layperson’s definition of “corruption” – using public office for private gain. • Important to consider public perceptions of whether you have a conflict of interest

Identifying Problems 1st - Do I have private interest affected by a matter I am officially involved in? 2nd - Is my official role one of influence or perceived influence over the matter? 3rd - Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. Agency Advice Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Advisory Committee members by various pieces of legislation, regulation and Codes. Contact Phone Email Website Bland Shire Council

6972 2266 [email protected] www.blandshire.nsw.gov.au

ICAC 8281 5999 Toll Free: 1800 463 909

[email protected] www.icac.nsw.gov.au

Office of Local Government

4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman 9286 1000 Toll Free: 1800 451 524

[email protected] www.ombo.nsw.gov.au

mailto:[email protected]�

http://www.blandshire.nsw.gov.au/�


http://www.icac.nsw.gov.au/�


http://www.dlg.nsw.gov.au/�


http://www.ombo.nsw.gov.au/�


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Council Meeting Minutes

19 May 2015

1.0 INTRODUCTION

The meeting was opened by the Mayor with the introduction and welcome at 6.31pm.

2.0 ATTENDANCE 2.1 Councillors

Cr P Grellman Cr L Hampton Cr K Keatley Cr T Lord Cr L McGlynn Cr B Monaghan Cr L Pike Cr N Pokoney Cr P Templeton

2.2 Staff

General Manager – Ray Smith Director Asset & Engineering Services – Will Marsh Director Corporate, Community & Development Services – Adele Casey Executive Assistant – Julie Sharpe

2.3 Apologies

Nil 3.0 CONFIRMATION OF THE MINUTES 3.1 Ordinary Meeting held on 21 April 2015

Confirmation That the minutes of the Ordinary Council meeting held on 21 April 2015 be confirmed as a correct record of proceedings.

Council Recommendation: 01052015 RESOLVED on the motion of Cr Grellman seconded Cr Keatley that the minutes of the Ordinary Council meeting held on 21 April 2015 be confirmed as a correct record of proceedings. CARRIED


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Corrections - Nil Business Arising - Nil

3.2 Extra Ordinary Meeting held on 28 April 2015

Confirmation That the minutes of the Extra Ordinary Council meeting held on 28 April 2015 be confirmed as a correct record of proceedings.

Council Recommendation: 02052015 RESOLVED on the motion of Cr Grellman seconded Cr Keatley that the minutes of the Extra Ordinary Council meeting held on 28 April 2015 be confirmed as a correct record of proceedings. CARRIED

Corrections - Nil Business Arising - Nil

4.0 DECLARATIONS OF INTEREST

Nil 5.0 PUBLIC FORUM 5.1 Mr Kyle Sturgess, Position of Town Crier

Mr Sturgess addressed Council following his expression of interest in the position of Town Crier. He stated that he is forward, fun and exceptionally loud. Mr Sturgess feels it is important to keep traditions going, enrich the town and is willing to fulfil the role.

5.2 Mr Michael Pursehouse, Sports Stadium

Mr Pursehouse addressed Council as a representative of Senior Basketball, Junior Basketball and the Refurbishment Steering Committee seeking Council to defer a decision. He stated that there was not enough supporting documentation and queried investigations into all options as neither plan presented allows for future expansion and feels it would be an injustice to spend $1.9M on the proposed 2 court extension. Mr Pursehouse stated that the proposed 8 month closure will put sports and activities in jeopardy. He advised that Basketball NSW have offered their assistance with funding and questioned the $2M project cap if additional funding could be obtained.

5.3 Ms Louise Davis, West Wyalong Local Aboriginal Lands Council

Ms Davis addressed Council on behalf of the LALC Board and conveyed disappointment at the deterioration of their relationship with Council and the accusations made within the petition circulating through the community. Ms Davis advised that advice is being sought from their legal unit in relation to the petition and notified Council that all land claim negotiations are no longer being considered.

5.4 Mr Martin Lane, Visitor Information Centre

Mr Lane addressed Council in relation to the proposed visitor information centre and suggested the current Library VIC hours be extended to operate seven (7) days per week on a twelve (12) month trial basis.


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5.5 Mr Malcolm Carnegie, Visitor Information Centre

Mr Carnegie addressed Council seeking clarification on the direction of the proposed visitor information centre. He noted the State Government’s Fit for the Future program and urged Council to consider the best options.

5.6 Mrs Wendy Worner, Sports Stadium

Mrs Worner addressed Council in relation to the proposed refurbishment and stated that 2 courts will not provide significant improvement or sporting tourism opportunities. Mrs Worner believes that not enough information has been provided, further plans, pricing and a review of components may enable a more suitable design.

6.0 MAYORAL MINUTE 6.1 Annual Performance Review of the General Manager Council Recommendation: 03052015 RESOLVED on the motion of Cr Grellman seconded Cr Hampton that the General Manager, Mr. Ray Smith is congratulated on his successful and positive annual performance review and that a 2.5% increase in his Total Remuneration Package is approved, effective from the 17 May 2015, being the anniversary of his commencement date with Council. CARRIED 7.0 NOTICES OF MOTION

Nil

8.0 DELEGATES & ADVISORY COMMITTEE REPORTS Section 1 – Delegates & Advisory Committee Reports & Minutes (for information)

SECTION 1 – DELEGATES & ADVISORY COMMITTEE REPORTS Council Recommendation: 04052015 RESOLVED on the motion of Cr Hampton seconded Cr McGlynn that the Council receive and note the delegate and advisory committee reports from Councillors and Advisory Committee meeting minutes as presented. CARRIED 8.1 NSW Association of Mining Related Councils

Cr McGlynn thanked Council for the opportunity to attend the recent meeting and stated that 21 councils were represented and there was a strong focus on the State Government’s Fit for the Future program.


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8.2 Newell Highway Taskforce

Cr Lord advised that a meeting was held on 12 May 2015 and a report will be provided to the next Council meeting.

Council Recommendation: 05052015 RESOLVED on the motion of Cr McGlynn seconded Cr Keatley that Standing Orders be set aside for the General Manager to provide a statement. CARRIED


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Council Recommendation: 06052015 RESOLVED on the motion of Cr Keatley seconded Cr Hampton that formal meeting procedures resume. CARRIED 9.0 STAFF REPORTS That the Council receive the staff reports.

SECTION 2 – OFFICE OF THE GENERAL MANAGER

9.1 Monthly Status Report Council Recommendation: 07052015 RESOLVED on the motion of Cr Keatley seconded Cr Lord that the information contained in the May 2015 monthly status report be received and noted. CARRIED

9.2 Council’s Capital Expenditure Projects 2014/15 Council Recommendation: 08052015 RESOLVED on the motion of Cr Grellman seconded Cr Keatley that the information detailing the progress of Council’s 2014/2015 capital expenditure projects, as at 21 April 2015 be received and noted. CARRIED


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9.3 Fit for the Future – A Review of Local Government in NSW (May 2015)

Council Recommendation: 09052015 RESOLVED on the motion of Cr McGlynn seconded Cr Grellman: 1. That the information regarding progress with the Fit for the Future council

improvement proposal be received and noted; 2. That a draft of council’s submission be considered at the 2 June workshop; 3. That the results of the community survey be included in council’s final

submission; 4. That the final submission be submitted to the June Ordinary Council meeting

for endorsement. CARRIED

9.4 Financial Assistance Grants to Local Government Council Recommendation: 10052015 RESOLVED on the motion of Cr Lord seconded Cr McGlynn that Council: 1. Acknowledges the importance of federal funding through the Financial

Assistance Grants program for the continued delivery of council services and infrastructure;

2. Acknowledges that the council will receive $6,577,428.00 in 2014/2015; and 3. Will ensure that this federal funding, and other funding provided by the federal

government under relevant grant programs, is appropriately identified as Commonwealth grant funding in council publications, including the annual report.

4. Provide appropriate support to ALGA and LGNSW in their campaign to restore

Financial Assistance Grants funding. CARRIED


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9.5 Internal Audit Committee Council Recommendation: 11052015 RESOLVED on the motion of Cr McGlynn seconded Cr Grellman that the Internal Audit Function Charter and Internal Audit Committee Terms of Reference be adopted with the amendments as discussed and noted. CARRIED Council Recommendation: 12052015 RESOLVED on the motion of Cr McGlynn seconded Cr Hampton that Council appoint Cr Templeton and Cr Monaghan as voting members of the Internal Audit Committee for the ensuing council term. CARRIED

9.6 Refurbishment of the Perseverance Street Sports Complex Stadium

Council Recommendation: 13052015 RESOLVED on the motion of Cr Monaghan seconded Cr Lord that the report on the refurbishment of the Perseverance Street Sports Complex Stadium be deferred to a later date. CARRIED Council Recommendation: 14052015 RESOLVED on the motion of Cr Templeton seconded Cr Hampton that the Stadium Committee seek grant funding opportunities in addition to Council’s $2M contribution. CARRIED

9.7 Establishment of a Visitor Information Centre at 184 Main Street West Wyalong

Council Recommendation: 15052015 RESOLVED on the motion of Cr Lord seconded Cr Pike that the progress to date in the establishment of a Visitor Information Centre at 184 Main Street, West Wyalong, be received and noted. CARRIED


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Council Recommendation: PROPOSED on the motion of Cr McGlynn seconded Cr Monaghan that the Visitor Information Centre located in the Library operate on a seven (7) days per week basis for a trial period of three (3) months. The motion was withdrawn. Council Recommendation: 16052015 RESOLVED on the motion of Cr Lord seconded Cr Pike: 1. That a further report be submitted to the June Ordinary Council meeting with

more specific details on the operational costs of a Visitor Information Centre including staffing and technology along with the identification of appropriate benchmarks / KPI’s.

2. That council consider the use of volunteers to staff the Visitor Information

Centre. CARRIED

9.8 Appointment of New Town Crier Council Recommendation: 17052015 RESOLVED on the motion of Cr McGlynn seconded Cr Templeton: 1. That council endorse the honorary appointment of Mr. Kyle Sturgess as the new

Bland Shire Council Town Crier for a period of two (2) years; 2. That Mr. Sturgess liaise with council’s general manger in respect to the roles

and responsibilities of the position; and 3. That the costs associated with this appointment in relation to appropriate attire

and attendance at the annual Town Criers Conference be met from within the Tourism Promotions Budget. CARRIED


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9.9 Proposed Rotary Peace Community Council Recommendation: 18052015 RESOLVED on the motion of Cr Keatley seconded Cr Templeton that council supports in principle the establishment of West Wyalong as a Rotary Peace Community subject to receiving a more specific and detailed proposal from the Rotary Club of West Wyalong. CARRIED

SECTION 3 – CORPORATE, COMMUNITY & DEVELOPMENT SERVICES

9.10 Financial Statements – April 2015 Council Recommendation: 19052015 RESOLVED on the motion of Cr Lord seconded Cr Keatley: 1. That Council receive and note the statement of Bank Balances, Rates

Collections and Investments for the month of April, 2015 2. That Council confirms the payment of accounts, for the period 01 April to 30

April 2015, summarised in the accounts summary totalling $2,348,890.62. CARRIED

9.11 Budget Review – March 2015 Council Recommendation: 20052015 RESOLVED on the motion of Cr Keatley seconded Cr Monaghan: 1. That the Officers Report be received and noted. 2 That the Council endorses the Statement acknowledging the financial position

is considered satisfactory. CARRIED


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9.12 Deed Of Funding – Commonwealth Home Support Program (CHSP)

Council Recommendation: 21052015 RESOLVED on the motion of Cr Monaghan seconded Cr Grellman that Council sign and affix the seal to the Deed of Variation 2 between the Australian Government Department of Social Services and Bland Shire Council for the provision of Home and Community Care (HACC) services via the Commonwealth Home Support Program. CARRIED

9.13 Licence Agreement with the Department of Family and Community Services – Ageing Disability & Home Care

Council Recommendation: 22052015 RESOLVED on the motion of Cr Lord seconded Cr Pike that Council sign and affix the seal to the Licence Agreement between Bland Shire Council and Government Property NSW in respect to the West Wyalong Community Care Centre occupation. CARRIED

9.14 Lease Agreement with Murrumbidgee Local Health District for 186 Main Street West Wyalong.

Council Recommendation: 23052015 RESOLVED on the motion of Cr Lord seconded Cr Pike that Council sign and affix the seal to the Lease Agreement between Bland Shire Council and Murrumbidgee Local Health District in respect to 186 Main Street West Wyalong. CARRIED

9.15 Local Heritage Fund Grant Application – 143-147 Main Street, West Wyalong

Council Recommendation: 24052015 RESOLVED on the motion of Cr McGlynn seconded Cr Lord that the report on Local Heritage Fund Grant Application – 143-147 Main Street, West Wyalong be deferred. CARRIED


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Council Recommendation: 25052015 RESOLVED on the motion of Cr Lord seconded Cr McGlynn that the Heritage Grant Guidelines be presented to the June Council Workshop for review. CARRIED

SECTION 4 – REPORTS FOR INFORMATION

Council Recommendation: 26052015 RESOLVED on the motion of Cr Hampton seconded Cr Templeton that the following reports, provided for information only, be received and noted: • 9.16 Engineering Services Report • 9.17 Community Services Report • 9.18 Bland Shire Library Monthly Update • 9.19 Children Services Monthly Update • 9.20 Development Services Activities/Statistics for April 2015 • 9.21 Economic Development & Tourism Report – May. CARRIED 10.0 URGENT BUSINESS WITHOUT NOTICE

Nil 11.0 QUESTIONS AND STATEMENTS Cr Grellman

• Stated that he endorsed the attitude of LALC as the petition is not based on fact and Cr Hampton has always declared an interest in proceedings

Cr Keatley

• Noted the recent line marking in the Calleen area Cr Hampton

• Queried the author of the petition and the “alleged” Deputy Mayor Cr Templeton

• Stated that Goldenfields Water require plans and proposals to enable consideration for the allocation of water


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Cr McGlynn

• Conveyed her support for the Mayor and Deputy Mayor and acknowledged their appalling treatment in the petition

Cr Monaghan

• Supported the comments from Cr McGlynn and the injustice of the petition. Stated his desire for people to come to Council and express their views to enable issues to be addressed

Cr Pike

• Suggested Council review the points raised within the petition Cr Hampton

• Stated that she is appalled at the attitudes of some Councillors and the racism she has experienced, has worked at LALC for 9 years and reports to the Board

Cr Pokoney

• Expressed disappointment at the misleading headline in the Advocate that road funding has doubled. It was noted that two (2) years were paid at once and the GM is preparing a response

• Stated that he has twenty (20) years of local government experience with sixteen (16) years at Bland Shire. Expressed concern with malicious community members and noted the impacts these issues are having on Councillor’s partners/children and their lives

• Acknowledged the views expressed on behalf of LALC and stated that Council will continue to work to strengthen the partnership

12.0 CLOSURE OF THE MEETING TO DISCUSS CONFIDENTIAL BUSINESS UNDER

THE PROVISIONS OF SECTION 10A(2) OF THE LOCAL GOVERNMENT ACT Council Recommendation: 27052015 RESOLVED on the motion of Cr Hampton seconded Cr Grellman that Council close the Ordinary meeting of Council to discuss confidential business under the provisions of Section 10A(2) of the Local Government Act. CARRIED The meeting then closed at 8.29pm. 13.0 RESUMPTION OF THE MEETING AND CONSIDERATION OF

RECOMMENDATIONS OF THE CLOSED SECTION OF THE MEETING Council Recommendation: 32022015 RESOLVED on the motion of Cr Hampton seconded Cr Templeton that Council move out of closed Council and into open Council. CARRIED


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The meeting then resumed at 9.02pm. 12.1 Hanlon Enterprises Business Assistance Funding Local Government Act 1993 (Section 10A (2) (d) (i) The matters and information are commercial information of a confidential nature that would, if disclosed,

prejudice the commercial position of the person who supplied it. Council Recommendation: 28052015 RESOLVED on the motion of Cr Grellman seconded Cr Keatley that Council endorse the recommendation of the Senior Economic Development & Tourism Advisor and approve $10,838 in Business Assistance Funding to Hanlon Enterprises for the purchase and expansion of a grain storage and handling facility located on the Girral-Lake Cargelligo Road Ungarie. CARRIED

12.2 Donaldson Industries Business Assistance Funding Local Government Act 1993 (Section 10A (2) (d) (i) The matters and information are commercial information of a confidential nature that would, if disclosed,

prejudice the commercial position of the person who supplied it. Council Recommendation: 29052015 RESOLVED on the motion of Cr Lord seconded Cr Pike that Council endorse the recommendation of the Senior Economic Development & Tourism Advisor and approve $18,607 in Business Assistance Funding to Donaldson Industries for the establishment of a multipurpose automotive facility located at 18-24 Showground Road Wyalong. CARRIED 12.3 Street Sweeping Contract Local Government Act 1993 (Section 10A (2) (d) (i) The matters and information are commercial information of a confidential nature that would, if disclosed,

prejudice the commercial position of the person who supplied it. Council Recommendation: 30052015 RESOLVED on the motion of Cr Grellman seconded Cr Monaghan: 1. That Contract No 4/13, awarded to Specialised Pavements P/L, be extended to the

first of September, 2016. 2. That the Director Asset and Engineering Services be given the delegated

authority to extend this contract a further year provided the street sweeping machine being used is still well maintained, environmentally friendly, and performing the task required by Bland Shire Council satisfactorily. CARRIED


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12.4 Option to Take Up Loan Repayment Extension Local Government Act 1993 (Section 10A (2) (c) The matters and information would, if disclosed, confer a commercial advantage on a person with whom

the council is conducting (or proposes to conduct) business. Council Recommendation: 31052015 RESOLVED on the motion of Cr Lord seconded Cr McGlynn: 1. That Council resolve to extend the repayment of the Holland Park Pool Loan to the

National Australia Bank from 13 July 2020 to 12 July 2030. 2. That Council authorise the General Manager to negotiate the best available rate of

the day. 3. That Council give the General Manager and Mayor delegated authority to sign and

affix the seal to the loan documents. CARRIED 14.0 CLOSE OF THE MEETING

There being no further business the meeting then closed at 9.02pm.

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Chairperson

Bland Shire Council€¦ · Council Recommendation: 03052015 RESOLVED on the motion of Cr Grellman...

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