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Minutes

Ordinary Council Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

6:00pm, Tuesday 29th OCTOBER, 2019

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Minutes

29 October 2019

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE
Alby Schultz Meeting Centre, Cootamundra
ON
Tuesday, 29 October 2019 AT 6:00pm

 

PRESENT:                 Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), Cr Leigh Bowden, Cr David Graham, Cr Gil Kelly, Cr Penny Nicholson, Cr Charlie Sheahan, Cr Craig Stewart

IN ATTENDANCE:    Phil McMurray (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Susan Gheller (Manager of Business), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)

1            Acknowledgement of Country

The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.

ADJOURN MEETING FOR OPEN FORUM

Resolution  355/2019  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

Council adjourn for Open Forum.

Carried

 

2            Open Forum

List of Speakers

1.      Konrad Streher – Mr Streher raised concerns in relation to item 8.4.4 Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra.

2.      Dean Thompson – Mr Thompson raised concerns in relation to item 8.4.4 Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra.

3.      Jason Graham – Mr Graham, as the owner of Manildra Meats, spoke on item 8.4.4 Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra.

4.      Helen Hamilton – Mrs Hamilton spoke to Council on the overgrown condition of the old Mitre 10 site in Cootamundra.

5.      Mark Lake – Mr Lake as President of the Cootamundra Swim Club spoke on item 8.10.4 Cootamundra Sports and Recreation Council Meeting Minutes, in particular, the review of the Cootamundra Swimming and Lifesaving Club Summer Season Access Agreement.

6.      Pip McAlister – Mrs McAlister addressed Council on her concern of various tree matters in Gundagai.

7.      Greg Quirk – Mr Quirk addressed Council on matters at Wallendbeen and the Wallendbeen Draft.

 

 

RESUME OPEN MEETING

Resolution  356/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

Council resume the Open Meeting.

Carried

 

 

3            Apologies

 

Note: An apology was received on behalf of Councillor Doug Phillips

Resolution  357/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

 

RECOMMENDATION

The apology received on behalf of Councillor Phillips be received and leave of absence granted.

Carried

 

 

4            Disclosures of Interest

Nil


 

 

 

5            Confirmation of Minutes

 

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 24 September 2019

Resolution  358/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

The Minutes of the Ordinary Meeting of Council held on Tuesday 24 September 2019 be confirmed as a true and correct record of the meeting.

Carried

 

 

 

5.2         Minutes of the Extraordinary Meeting of Council held on Thursday 17 October 2019

Resolution  359/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

The Minutes of the Extraordinary Meeting of Council held on Thursday 17 October 2019 be confirmed as a true and correct record of the meeting.

Carried

 

 


 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement

Note: The following amendments to the Mayoral Minute were noted:

Cr Graham attended the Waste:

24th September, 2019

Crs Bowden, Kelly, Nicholson, Sheahan and I attended a Councillor Workshop.

25th September, 2019

Cr Palmer (Deputy Mayor), Cr Bowden and I attended the GM application interviews.

1st October, 2019

Cr’s Bowden, Graham, Kelly, Nicholson, Sheahan and I attended the CGRC Waste Management Workshop.

24th October, 2019

The Community Access and Inclusion Meeting scheduled to be held in Cootamundra was cancelled due to insufficient numbers for a quorum.

Resolution  360/2019  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Craig Stewart

The information in the Mayoral Minute, as amended, be received and noted.

Carried

 

7            Reports from Committees

Nil 

 

8            General Manager’s Report

Resolution  361/2019  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

Item 8.4.4  Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra be considered next.

Carried

 


 

 

8.4.4      Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra

Resolution  362/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

Council defer consideration of Development Application 2019/103 – Fish Rendering Trial- 572 Stockinbingal Road, Cootamundra for a further report to be submitted to the Ordinary Meeting scheduled for Tuesday, 10th December, 2019, subject to the applicant providing additional information requested by Council by 29th November, 2019.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Charlie Sheahan

Cr Craig Stewart

Nil

ABSENT

DECLARED INTEREST

Cr Doug Phillips

Nil

 

 Carried

 


 

 

8.1         Business

8.1.1      Local Government Elections 2020

Resolution  363/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

1.      Council make representations to the Member for Cootamundra, Steph Cooke, MP expressing its disappointment and concerns over the increased of cost of conducting the 2020 Local Government Elections.

2.      The General Manager write to the Australian Electoral Commission to invite a representative from the Australian Electoral Commission to address Council and explain the costs included in the quote received for the 2020 Local Government elections 2020.

Carried

 

 

 

8.1.2      Tabling of Pecuniary Interest Returns

Resolution  364/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

1.   The tabling of pecuniary interest returns from Councillors and designated staff be noted.

2.   The tabling of pecuniary interest return from new designated staff be noted.

Carried

 

 

 

8.1.3      Draft Audit, Risk and Improvement Committee Charter

Resolution  365/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

The draft Audit, Risk and Improvement Committee Charter attached to the report be adopted.

Carried

 

 

 

 

 

 

8.1.4      Strategic Financial Issues in Local Government Workshop

Resolution  366/2019  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.      The Strategic Financial Issues In Local Government Workshop report be received and noted.

2.      Council seek a proposal from Dennis Bonicevic, DMB Consulting Pty Ltd, to:

a)      undertake an independent review of Cootamundra-Gundagai Regional Council’s current financial status; and

b)     Facilitate a Financial Planning Workshop with Councillors and Executive staff.

Carried

 

 

8.1.5      Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes

Resolution  367/2019  

Moved:       Cr David Graham

Seconded:   Cr Gil Kelly

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 26 September 2019, attached to the report, be received and noted.

 

Carried

 

 

8.1.6      Cootamundra Showground Users Group s.355 Committee Meeting Minutes

Resolution  368/2019  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Minutes of the Cootamundra Showground Users Group s.355 Committee Ordinary Meeting held on 21 August, 2019 and 18 September, 2019 attached to the report be received and noted.

Carried

 


 

 

8.1.7      Cootamundra Tourism Action Group s.355 Committee Meeting Minutes

Resolution  369/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Craig Stewart

The Minutes of the Cootamundra Tourism Action Group s.355 Committee meetings held on 3 October 2019, attached to the report, be received and noted.

Carried

 

8.1.8      Gundagai Tourism Action s.355 Committee Meeting Minutes

Resolution  370/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

The Minutes of the Gundagai Tourism Action s.355 Committee meetings held on 16 October 2019, attached to the report, be received and noted.

Carried

 

8.1.9      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution  371/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 5 August, 2019, attached to the report, be received and noted.

Carried

 

8.1.10    Information Bulletin

Resolution  372/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

The Information Bulletin and correspondence, attached to the report be received and noted.

Carried

 

 

 

 

 

 

8.1.11    Life After Amalgamation Forum

Resolution  373/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Charlie Sheahan

Councillors and the General Manager read and consider the dot points in the report and, at a future workshop, discuss what, if any, could be of benefit or be implemented by Cootamundra-Gundagai Regional Council.

Carried



 

8.1.12    Legal Services Panel Tender

Resolution  374/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

Council form a panel of providers for Legal Services comprising of JMA Legal Business Lawyers, Bradley Allen Love, Kell Moore Pty Ltd, Lindsay Taylor Lawyers and Marsdens Law Group for a period of three (3) years with the option of an additional two (2) years to be exercised at Council’s discretion.

Carried

 

 

 

8.1.13    Council Meeting Action Report

Resolution  375/2019  

Moved:       Cr Gil Kelly

Seconded:   Cr Penny Nicholson

The updated Council Meeting Action Report, attached be received and noted.

Carried

 


 

 

8.2         Finance

8.2.1      Monthly Major Projects Status Update Report

Resolution  376/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

1.   The Monthly Major Projects Status Update report be received and noted.

2.   The recommended changes to the project budgets as listed be adopted.

Carried

 

8.2.2      Monthly Finance Report for September 2019

Resolution  377/2019  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

That the Monthly Finance Report for September 2019 be received and noted.

Carried

 

8.2.3      September 2019 Quarterly Budget Review Statement

Resolution  378/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr Gil Kelly

1.       The September 2019 Quarterly Budget Review Statement be accepted.

2.       The budget variations listed in the attached report be adopted.

Carried

 

8.2.4      Investment Report - September 2019

Resolution  379/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

The Investment Report as at 30th September 2019 be received and noted.

Carried

 

 

8.3         Community and Culture

8.3.1      Friends of Old Gundagai Gaol Committee Meeting AGM Minutes

Resolution  380/2019  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Craig Stewart

The Minutes of the Friends of Old Gundagai Gaol Committee meetings held on 10 October 2019, attached to the report, be received and noted.

Carried

 

8.3.2      Ambassador to the Dog on the Tuckerbox

Resolution  381/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

1.       Council accept the proposal offered by Mr Swift as detailed in the correspondence attached to the report.

2.       Mr Swift be advised in writing of Council’s resolution.

Carried

 

8.3.3      Stockinbingal Tellers Desk

Resolution  382/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Charlie Sheahan

Council purchase the tellers desk for Ellwood’s Hall Stockinbingal.

Carried

 

8.3.4      Quarterly Library Report

Resolution  383/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

The Quarterly Library Report from 1 July - 30 September 2019, be received and noted.

Carried

 

8.3.5      Library Infrastructure Submission Proposal 2019-20

Resolution  384/2019  

Moved:       Cr Penny Nicholson

Seconded:   Cr Charlie Sheahan

Council approve the submission of the Library Infrastructure funding application.

Carried

 

 

8.4         Development, Building and Compliance

8.4.1      Adoption of Community Participation Plan

Resolution  385/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Craig Stewart

Council adopt the Community Participation Plan as exhibited.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Charlie Sheahan

Cr Craig Stewart

Nil

ABSENT

DECLARED INTEREST

Cr Doug Phillips

Nil

 

Carried

 

 

 

 

8.4.2      Adoption of King Street, Wallendbeen Masterplan

Resolution  386/2019  

Moved:       Cr Craig Stewart

Seconded:   Cr Gil Kelly

Council adopt the King Street, Wallendbeen Masterplan with the replacement of English Elms and Prunus (as recommended in the Plan) with trees more appropriate to their location and local climatic conditions.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Dennis Palmer

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Cr Charlie Sheahan

Cr Craig Stewart

Nil

ABSENT

DECLARED INTEREST

Cr Doug Phillips

Nil

 

Carried

 

 

8.4.3      Development Applications Approved September 2019

Resolution  387/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

The information on Development Applications approved in September, 2019 be noted.

Carried

 

 

8.4.4  Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra

Note: Item 8.4.4  Development Application 2019/103 - Fish Rendering Trial - 572 Stockinbingal Road, Cootamundra was considered after item 6.1 Mayoral Minute.

 

 

 

8.5         Regulatory Services

Nil

 

8.6         Assets

8.6.1      Asset Renewal - Gundagai Water Treatement Plant

Resolution  388/2019  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

1.       Council approve the replacement of two clear water high lift pumping units at Gundagai Water Treatment Plant.

2.       Council approve the capital expenditure as detailed in the report.

Carried

 

8.7         Civil Works

8.7.1      Civil Works and Technical Services Department Report - October 2019

Resolution  389/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Craig Stewart

The Civil Works and Technical Services Department Report for the month of October, 2019 be received and noted.

Carried

 

8.8         Technical Services

Nil

8.9         Facilities

Nil


 

 

8.10       Waste, Parks and Recreation

8.10.1    Cootamundra CBD Town Proposed Refurbishments

Resolution  390/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Charlie Sheahan

1.      Council receive and note the report relating to the Cootamundra CBD refurbishments.

2.      Council support the continuation of the Cootamundra CBD area refurbishments to be known as stage (2) and to be incorporated into the Cootamundra CBD maintenance program and within existing budget allocations.

3.      The Manager Waste, Parks and Recreation be authorised to prepare concept plans and estimates associated with proposed shade covers, sculptures and water feature proposed for the Cootamundra CBD precinct and undertake appropriate community consultation.

4.      The concept designs and estimates be presented back to council for consideration as part of the 2020/2021 budget review.

5.      Manager Waste, Parks and Recreation seek funding opportunities for projects listed in 3 above.

Carried

 

 

 

8.10.2    Cootamundra Aquatic Centre External Operating Review

Resolution  391/2019  

Moved:       Cr Craig Stewart

Seconded:   Cr Gil Kelly

1.   Council receive and note the Expressions of Interest report on the Cootamundra Aquatic Centre and Sports Stadium as submitted.

2.   Council accept ‘@Leisure Planners’ estimate of $20,000 and be appointed to undertake an independent review of the Cootamundra Aquatic Centre and Sports Stadium in accordance with the Scope of Works as outlined by Council.

3.   The $20,000 budget be funded from the Sport and Recreation Needs Study Grant allocation.

Carried

 

 

 

 

 

 

 

 

 

 

 

8.10.3    Airport Slasher Replacement No.6221

Resolution  392/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Gil Kelly

As part of the Council 2019/2020 Plant Replacement Program, Council replace plant No. 6221 (6’ tow behind slasher) with a new 16’ or 20’ tow behind slasher, estimated value between a minimum amount of $25,000 to maximum of $40,000.

Carried

 

 

 

 

 

8.10.4    Cootamundra Sports & Recreation Council Meeting Minutes

Resolution  393/2019  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

1.   The Minutes of the Sports and Recreation Council meeting held on 15 October 2019, attached to the report, be received and noted.

2.   Council defer the Review of Cootamundra Swimming and Lifesaving Club Summer Season Access Agreement to undertake further consultation and report back to Council.

3.  Council approve the remaining recommendations as detailed in the attached Minutes, and summarised in the report.

Carried

 


 

 

 

 

 

 

9            Motion of which Notice has been Given

9.1         Notice of Motion of Rescission - item 8.7.3 Plant Replacement - Motor Grader

The following resolution carried at the Council Meeting held on 24 September 2019 in relation to Item No. Item 8.7.3 Plant Replacement – Motor Grader be rescinded:

Resolution  338/2019  

Moved:       Cr Gil Kelly

Seconded:   Cr Penny Nicholson

1.   Council approve the procurement of the John Deere Motor Grader.

2.   Authority be delegated to Council’s Internal Finance Committee to investigate possible funding options for the purchase of the John Deere Motor Grader.

Carried

Note: At the request of the authors (Councillors Nicholson, Kelly and Stewart), the Notice of Motion of Rescission was WITHDRAWN

 

 

 

 

9.2         Notice of Motion - Three new captains busts for Captains Walk in Jubilee Park

Resolution  394/2019  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

That Council, in collaboration with the Cootamundra Tourism Action Group S.355 Committee (CTAG), organise a community event to celebrate the installation of the three new captains’ busts to The Captains’ Walk in Jubilee Park, Cootamundra.

Carried

 


 

 

 

 

9.3         Notice of Motion - Save our Recycling Campaign

Resolution  395/2019  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

1.   Council acknowledges the growing imperative to manage waste and recycling within NSW and calls for urgent action from the State Government to help build a circular economy in NSW.

2.   Council recognises initiatives and projects taken within the Cootamundra-Gundagai Regional Council (CGRC) local government area to help achieve this goal, including:

Cootamundra-Gundagai Regional Councils 10 Year Waste Strategy and Business Plan.

3.   Council endorses Local Government NSW’s sector-wide Save our Recycling campaign, and asks the State Government to reinvest the Waste Levy in:

a)   Funding councils to collaboratively develop regional-scale plans for the future of waste and recycling in their regions

b)   The delivery of the priority infrastructure and other local government projects needed to deliver regional-scale plans, particularly where a market failure has been identified

c)   Support for the purchase of recycled content by all levels of government, to help create new markets

d)   Funding and delivery of a state-wide education campaign on the importance of recycling, including the right way to recycle, the purchase of products with recycled content and the importance of waste avoidance.

4.   Council write to the local State Member(s) Ms (Steph) Stephanie Anne Cooke MP, Hon Michael McCormack MP, Minister for Energy and Environment the Hon Matthew Kean MP, Minister for Energy the Hon Angus Tayor, MP Local Government Minister the Hon Shelley Hancock MP, NSW Treasurer the Hon Dominic Perrottet MP, Premier the Hon Gladys Berejiklian MP, Opposition Leader Jodi McKay MP, Shadow Minister for Environment and Heritage Kate Washington MP, and Shadow Minister for Local Government Greg Warren MP to confirm their support for recycling and outline the urgent need to educate, innovate and invest in local waste and recycling services via the Waste Levy.

5.   Council formally write to its own Youth Council advising its members of its support for the Save Our Recycling campaign and asking them to consider endorsing and sharing it with their own networks across the CGRC local government area.

6.   Council advise LGNSW President Linda Scott of the passage of this Motion.

Carried

 


 

 

 

 

9.4     developMent of a Local Services Preference Policy.

 

Resolution  396/2019  

Moved:       Cr Gil Kelly

Seconded:   Cr Penny Nicholson

Motion

Council develop a Local Services Preference Policy detailing that, where opportunity exists, service providers, based within town boundaries are given preference should they be available, they are able to meet essential criteria and specifications and their quote or tender amount is comparative with other submissions received by Council.

Carried

 

 

 

10          Questions with Notice

10.1       Questions with Notice

Resolution  397/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

The Questions with Notice from Councillors and related responses from Council officers be noted.

Carried

 


 

 11         Confidential Items  

11.1       Closed Council Report

Resolution  398/2019  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

1.       Item 11.2 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed.

2.       In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Item 11.2 be withheld from the press and public.

11.2       Offer to Purchase Council's Shareholding in Southern Phone Company Limited

Provisions for Confidentiality

Section 10A (2) (c)  – The Confidential Report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Public Interest

It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community.

 

Carried

 

11.2       Offer to Purchase Council's Shareholding in Southern Phone Company Limited

Resolution  399/2019  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

Council make the following resolutions:

1.   Limited Power of Attorney be executed to authorise the Chairperson to vote on Council’s behalf, in favour of the amendment to the Southern Phone Company Limited constitution.

2.   The AGL offer to purchase Council’s shares in Southern Phone Company Limited be accepted.

3.    Should the purchase of shares by AGL be approved that the funds be reserved for projects in the Cootamundra area.

Carried

 

 

11.3       Resumption of Open Council Meeting

Resolution  400/2019  

Moved:       Cr Craig Stewart

Seconded:   Cr Penny Nicholson

The Open Council meeting resume.

Carried

 

11.4       Announcement of Closed Council Resolutions

Note: The Chairperson announced the resolutions made in Closed Council.

 

The Meeting closed at 8:24 pm.

 

The Minutes of this meeting were confirmed at the Ordinary Council Meeting held on 26th  November 2019.

                                               

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER