It is totally misleading to claim that the Kandos museum is being given back to the Kandos community.
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Councillors decided it is to be handed over to a select group of people that will form an incorporated association. Council is presently allowing an interim committee to organise and fit out the recently reopened Kandos museum.
Since council closed the museum last year it has spent over $166,000 on the building, and are allocating a running fund of $15,000 plus rates each year for the next three years and even more to cover insurance costs.
It also should be noted that the Council audit for 2013/44 year shows the value of the museum at $529,000.
More money has been spent by council this year than the accumulated cost of maintenance over the life of the museum prior to the 2013 closure.
Council appointed a public officer on February 5, 2014, Around 35 people had registered an interest in becoming members of the proposed non-profit incorporated association, however, only a few people were chosen to be on an interim committee (apparently the others not even considered), which was formed into an association under Council’s instructions and expense. It is known that a group (most having been selected) had been meeting with council months before any “Public meeting” was held.
An email was sent out on the February 17, 2014, citing discussions with council about variations to council’s options.
This email was signed by three of the above selected group in their capacity as the “Kandos Community Meeting Convenors”. They had met with two Council officers the morning before the Public meeting on January 9, 2014.
Who had selected these “Kandos Community Meeting Convenors”?
The Kandos community at large wanted council to call and chair the public meetings.
It is worrying that a member of the interim committee recently put forward a motion at the Rylstone and District Historical Society’s annual general meeting “to wind up the Rylstone & District Historical Association and divest its assets.”
To date, no annual general meeting has been called for by the public officer to elect office bearers and thus they have denied the Kandos community the opportunity to elect their choice of executive members of the Kandos Museum.
Nor has a constitution been circulated to any of the people who have registered to become members of the formed Incorporated Association (interim committee).
Had the above happened I would not be writing this letter.
Further, it appears that Council has failed to gain the Minister for Local Government’s consent to form the incorporated association before becoming involved with the proposed nonprofit incorporation.
This would appear to constitute a breach of the Local Government Act which states “Subject to obtaining the Minister’s consent under section 358 (1) (a), to enter into the public-private partnership”, and
“A council must not enter into a public-private partnership unless the council has provided the Director-General with an assessment of the project to be carried out under the partnership.
(2) In providing such an assessment, the general manager of the council is required to certify that it has been prepared in accordance with the PPP guidelines”.
I have been informed that The Minister’s consent cannot be given retrospectively.
In Council’s reply to an officer of the Department of Local Government, it was promised that prior to reopening the Museum there will be implementation of operating procedures and a three/ five year plan and a collection policy consistent with industry standards. (Reference General Manager’s letter to the Officer of Local Government on September 5, 2014).
Certainly none of the above plans have been presented for public review and comment.
What guarantee has council put in place when it hands over the titles of the museum and its collection? Will those receiving our museum be at liberty to do what they like with it?
Councillors have clearly stated they have no wish to take the museum back if the non-profit incorporation fails. Is it only in the event of financial problems that the Department of Fair Trading will take control of the assets?
The councillors have refused to consider a lease over the museum for three years which in my opinion would be the logical thing to do.
It is worthy of note that: The interim committee had previously requested that Council delay any handover to them for 2.5 years, and requested that Council provide them with indemnity insurance in the event that any of the community should sue them regarding the collection held in the museum.
The issues above should be resolved before any exchange of the property occurs.