SPECIAL MEETING OF COUNCIL...2016/11/15 · 2. Before a Mayor is elected under this section, the Council may resolve to elect a Mayor for a term of 2 years. 3. The Mayor is to be

45 Splatt Street SWAN HILL VIC 3585 PO Box 488 SWAN HILL VIC 3585

Telephone: 03 5036 2333 Fax: 03 5036 2340 Email: [email protected] Website: www.swanhill.vic.gov.au

MINUTES

SPECIAL MEETING OF COUNCIL

Tuesday, 15 November 2016

Held Swan Hill Town Hall Council Chambers, McCallum Street,

Swan Hill Commencing at 1:00 PM

Confirmed 20 December 2016 Chairperson……………………………….

Swan Hill Rural City Council Page 2 Minutes for Special Meeting of Council INDEX 15 November 2016

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SECTION A – PROCEDURAL MATTERS .................................................................. 3

SECTION B – REPORTS .......................................................................................... 19

B.16.140 MAYORAL TERM OF OFFICE ................................................................. 19

B.16.141 ELECTION OF MAYOR 2016/17 .............................................................. 21

B.16.142 ELECTION OF DEPUTY MAYOR 2016/2017 .......................................... 23

B.16.143 COUNCIL MEETING LOCATIONS ........................................................... 25

B.16.144 APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANISATIONS .................................................................................... 28

B.16.145 SETTING OF COUNCILLOR ALLOWANCES .......................................... 33

Swan Hill Rural City Council Page 3 Minutes for Special Meeting of Council SECTION A – PROCEDURAL MATTERS 15 November 2016

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SECTION A – PROCEDURAL MATTERS

Open John McLinden, Chief Executive Officer assumed the chair and declared the meeting open at 1.01pm. The Chief Executive Officer reported that there was an error in the wording of the Oath of Office taken by Councillors on 9 November 2016. Following the discovery of this error, legal advice resolved that it was unclear if the legitimacy of the Oath of Office (and therefore the swearing in of Councillors) would survive a challenge. For this reason and to put the legitimacy of the Councillors appointment beyond doubt, the Chief Executive Officer has asked the Councillors to restate the Oath of Office and to again confirm their decisions of the Statutory Council Meeting of 9 November 2016.

Acknowledgement of Country John McLinden, Chief Executive Officer read the Acknowledgement of Country.

Prayer John McLinden, Chief Executive Officer read the prayer.

Apologies Nil

Oath of Office and Declaration The Chief Executive Officer, John McLinden conducted the signing of the Oath of Office and the Code of Conduct declaration. The following Councillors elect took the Oath of Office and declaration:

Chris Jeffery

Lea Johnson

John Katis

Les McPhee

Bill Moar

Gary Norton

Ann Young


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The Oath of Office and Code of Conduct declaration was witnessed by Chief Executive Officer, John McLinden The signed Oath of Office and declaration are below:


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Swan Hill Rural City Council Page 19

Minutes for Extraordinary Council Meeting

REPORTS 15 November 2016

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SECTION B – REPORTS

B.16.140 MAYORAL TERM OF OFFICE Responsible Officer: Chief Executive Officer File Number: 24-19-00 Attachments: Nil.

Declarations of Interest: John McLinden - as the responsible officer, I declare that I have no disclosable interests in this matter. Summary

Council need to determine whether the Mayoral term is for one year or two years.

Discussion

In accordance with Local Government Act 1989 Section 71, Council must:

1. At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council.

2. Before a Mayor is elected under this section, the Council may resolve to

elect a Mayor for a term of 2 years.

3. The Mayor is to be elected –

a. After the fourth Saturday in October but not later than 30 November in each year; or

b. If under subsection (2), the Mayor is elected for a term of 2 years,

the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or

c. As soon as possible after any vacancy in the office of the Mayor

occurs.

Financial Implications

Costs associated with Mayoral allowances and ancillary costs are included in the budget each year. Currently the Mayoral allowance is $62,113.18 p.a. plus equivalent superannuation (allowed range up to $74,655 p.a.). The Councillor allowance is $23,411.89 p.a. plus equivalent superannuation (allowed range $10,033 to $24,127 p.a.). These




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allowances are adjusted annually by the Minister for Local Government. The adjustment last year was 2.5%. The next adjustment is due on 1 December 2016.

Council Plan Strategy Addressed

Governance and Leadership - Community leadership through effective strategic planning.

Options Council may elect the Mayor for either a one year or two year term.

Recommendation

That Council elect a Mayor for a term of one year.

104/16 Motion

MOVED Cr Norton

That Council elect a Mayor for a term of one year.

SECONDED Cr McPhee

The Motion was put and CARRIED




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B.16.141 ELECTION OF MAYOR 2016/17 Responsible Officer: Chief Executive Officer File Number: 24-19-00 Attachments: Nil.


This report outlines the process and statutory requirements for the election of Mayor. The election of the Mayor will take place as part of this report.

Election of Mayor The Chief Executive Officer must conduct the election of the Mayor in accordance with the Local Government Act and Council’s Local Law Number 1.

Discussion

Under section 71 of the Local Government Act 1989, the Councillors must elect a Councillor to be the Mayor of the Council. Section 73 of the Local Government Act 1989 states that the Mayor of a Council takes precedence at all municipal proceedings within the municipal district and that the Mayor must take the chair at all meetings of the Council at which he or she is present. The Mayor should lead the Council in relation to policy making and the setting of Council priorities. The role of the Mayor is to:

Chair Council meetings. Exercise the casting vote at Council meetings when required.

Represent the municipality at ceremonial occasions and in political forums. Lead, coordinate and provide guidance for the Council and Councillors.

Lead the Council in relation to policy making and the setting of Council priorities.

Speak publicly about the Local Government’s role and developments in the community.

Oversee the performance of the Chief Executive Officer

Liaise closely with the Chief Executive Officer to ensure effective relationships between Council and its administration in pursuing Council goals.




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Prior to the election of the Mayor it is customary to allow the outgoing Mayor the opportunity to speak of their time in the role. The process to Elect a Mayor will be: 1. The CEO will call for nominations for the position of Mayor. 2. If only one nomination is received and the nominee is willing to serve as Mayor,

the nominee will be declared elected. 3. If more than one nomination is received, each nominee will be allowed up to 5

minutes to speak on their own behalf. An election will then be held. 4. The election will be by show of hands. If there are two nominees the person

with the most votes will be declared as Mayor. If there are more than two nominees the person with the least votes will be removed as a nominee and similar rounds of voting will occur until a Mayor is elected. Any tied votes will be determined by ballot.

Relevant Legislation Local Law No 1 – Meeting Procedure Local Government Act 1989


Governance and Leadership - Effective partnerships and relationships with key stakeholders.

Recommendation

That Council elect a Mayor for 2016/17 The Chief Executive Officer called for nominations for the position of Mayor. Cr Les McPhee nominated himself. No further nominations were received. With there being no further nominations, Cr Les McPhee was declared Mayor for 2016/2017




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B.16.142 ELECTION OF DEPUTY MAYOR 2016/2017 Responsible Officer: Chief Executive Officer File Number: 24-19-02 Attachments: Nil.


The Local Government Act 1989 does not require Council to have a Deputy Mayor, however Council has previously resolved to have a Deputy to support the Mayor and Council.

Discussion

Council adopted a Deputy Mayor Position Policy (POL/GOV006) to support the position of Mayor and the operations of the Council in September 1999. This policy was last reviewed in May 2015.

The position of Deputy Mayor is necessary to facilitate the smooth and uninterrupted civic, statutory and policy-making functions of Council in the absence of the Mayor. Swan Hill Rural City Council Local Law No 1 “Meeting Procedures Local Law”, Part B stipulates that the procedure for the election of Deputy Mayor shall be the same as that for the Mayor. Section 73 of the Act provides that: If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of

acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.

An acting Mayor may perform any function or exercise any power conferred on the Mayor.

It would be appropriate for the Deputy Mayor to act as Acting Mayor for the purposes of Section 73, however Council may appoint any Councillor to be Acting Mayor. The election of the Deputy Mayor will follow the same process as the election of the Mayor except that the Mayor will conduct the election. Financial Implications

There is no provision in the Act for a separate allowance for Deputy Mayor.




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Governance and Leadership - Community leadership through effective strategic planning.

Options

Council may or may not elect a Deputy Mayor.

Recommendation

That Council conduct the election of Deputy Mayor.

Mayor Les McPhee called for nominations for the position of Deputy Mayor. Cr Lea Johnson nominated Cr Ann Young. No further nominations were received. With there being no further nominations, Cr Ann Young was declared Deputy Mayor for 2016/2017




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B.16.143 COUNCIL MEETING LOCATIONS Responsible Officer: Chief Executive Officer File Number: 22-13-00 Attachments: Nil.


Each year Council determines, in advance, the locations and times for its Ordinary meetings. Council meetings currently commence at 2pm usually on the third Tuesday of each month. This report provides Council with the opportunity to set meeting dates, times and locations.

Discussion

Last year Council held its meetings on the third Tuesday of the month, commencing at 2.00pm. One meeting was held in Robinvale. The following table includes meeting locations for 2015 and 2016, and proposed meeting locations and times for 2017: Council welcomes community participation in local democracy and shall encourage the community to attend Council meetings. Trying alternative meeting times is one way of encouraging community participation.

Month

2015

2016

2017

3rd

Tuesday unless indicated.

January No meeting No meeting No Meeting

February Piangil 2pm

Swan Hill 2pm

Swan Hill 4pm

March Swan Hill

2pm Swan Hill

2pm

Swan Hill 6pm




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April Swan Hill

2pm Swan Hill

2pm

Swan Hill 4pm

May Swan Hill

2pm Swan Hill

2pm

Swan Hill 4pm

June Swan Hill

2pm

Swan Hill 2pm

(4th Tuesday)

Swan Hill 6pm

(4th Tuesday)

July Swan Hill

2pm Swan Hill

2pm

Swan Hill 4pm

August Robinvale

2pm Robinvale

2pm Robinvale

4pm

September Swan Hill

2pm Swan Hill

2pm Swan Hill

4pm

October Swan Hill

2pm Swan Hill

2pm Swan Hill

6pm

November Swan Hill

2pm Swan Hill

2pm

Swan Hill 4pm

December Swan Hill

2pm Swan Hill

2pm

Swan Hill 4pm

Consultation

Not applicable. Financial Implications

Costs associated with conducting Council meetings included in the budget each year. Social Implications

Not applicable. Economic Implications

Not applicable.




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Environmental Implications

Not applicable. Risk Management Implications

Not applicable.


Governance and Leadership - Effective and efficient utilisation of resources.

Options 1. Continue meeting on the third Tuesday of the month or another day. 2. Continue commencing meetings at 2.00pm or at another time. 3. Meet in any location Council sees fit.

Recommendation

That Council determines that the Ordinary Meetings for 2017 wil l be held at the locations, dates and times specified in the table in this report. MOVED Cr Norton That the items B.16.143, B.16.144 and B.16.145 be resolved in block form. SECONDED Cr Katis

The Motion was put and CARRIED 105/16 Motion

MOVED Cr Norton

That Council determines that the Ordinary Meetings for 2017 wil l be held at the locations, dates and times specified in the table in this report.

SECONDED Cr Katis





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B.16.144 APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANISATIONS

Responsible Officer: Chief Executive Officer File Number: 22-20-00 Attachments: 1 Council Representatives


The purpose of the report is to consider the appointment of Councillors to outside organisations and community groups.

Discussion

Council makes appointments to various external organisations and community groups. This assists Council in working closely with its community and taking part in a wide range of activities associated with the development of the Municipality. Consultation

Not applicable. Financial Implications

Travel and accommodation costs will be incurred by Councillors and are reimbursed. These costs are budgeted for annually. Appointments to external organisations will assist Council in achieving its economic, social and environmental objectives. Social Implications

Not applicable. Economic Implications

Not applicable. Environmental Implications

Not applicable.




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Risk Management Implications

Not applicable.


Governance and Leadership - Effective partnerships and relationships with key stakeholders.

Options Some of the appointments are mandatory (eg Audit Committee) and others are optional.

Recommendation

That Council appoint Councillors to external organisations as shown in Attachment 1 to this report.

106/16 Motion

MOVED Cr Norton

That Council appoint Councillors to external organisations as shown in Attachment 1 to this report.

SECONDED Cr Katis


Attachment 1 Council Representatives

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B.16.145 SETTING OF COUNCILLOR ALLOWANCES Responsible Officer: Chief Executive Officer File Number: 24-08-00 Attachments: Nil.


The Local Government (Council Remuneration Review) Panel Report April 2008 recommended the new Council and Mayoral allowances and support package to better reflect the contribution made by locally elected councillors. The allowance package is based on a three-category model of Council allowances, based on revenue and population figures and ensures Councils can retain flexibility and discretion to set allowances within a range in consultation with their community. New allowance ranges will apply to all Councils effective from the 1 December 2016. Once adopted, following a Statutory advertising and submission process, Councillors are entitled to receive the new Councillor or Mayoral allowance. The current allowance will be paid until that date.

Discussion

Current annual allowances set for this Council are a Mayoral allowance of $62,113.18 and a Councillor allowance of $23,411.89, per annum. The current allowance range applicable to this Council is: Category 2 – Councillors from $10,033 to $24,127 and up to $74,655 for the Mayor, per annum. Additionally a remote travel allowance will continue to provide compensation for the time spent on long distance travelled by Councillors in remote areas, this allowance provides for a maximum limit of $5,000 per annum (at daily rate of $40 in respect to each meeting or function) or as may be amended from time to time by Order in Council. Superannuation at 9.5% is paid in addition to the allowance. Councillors are not employees of their Council and do not receive employment benefits like leave entitlements.




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Additional support is provided to Councillors in accordance with the Act and Council Policy. These include; Resources/facilities mandatory

Administration support

Office access for the Mayor and Councillors

Vehicle for the Mayor

Computer-desktop and iPad or a laptop

Fax/printer

Mobile phone and landline if determined

Stationery

Access to fax/copier

Reimbursement will be provided for Council related:

Travel - including reimbursement of public transport costs

Phone call costs

Internet

Child care/family care Consultation

As part of the Local Government (Councillor Remuneration Review) Panel Report extensive consultation and discussion was held between Local Government professional bodies, Councils, Councillors and the wider public. In addition, Council must follow a legislated Section 223 consultation and submission process prior to finalising the level of allowances. Financial Implications

Costs associated with Councillor Allowances are included in the budget each year. Social Implications

Not applicable Economic Implications

Not applicable Environmental Implications

Not applicable Risk Management Implications

Not applicable




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Governance and Leadership - Effective and efficient utilisation of resources.

Options The Office of Local Government has advised that Councillors are unable to change any aspect of their allowances during their term. The indexation set by the Minister for Local Government automatically applies the allowances each year.

Recommendations

That Council: 1. Set the allowance for Councillors within the allowable range at

$23,411.89 per annum.

2. Set the allowance for Mayor within the allowable range at $62,113.18 per annum.

3. Pay a remote travel allowance be paid at a rate of $40.00 per meeting or function (to a maximum annual value of $5,000).

4. Advertise the proposed allowances and seek submissions in

accordance with Section 223 of the Local Government Act. 5. In the event no submissions are received, adopt the proposed

allowances effective from the date of this resolution.

107/16 Motion

MOVED Cr Norton

That Council: 1. Set the allowance for Councillors within the allowable range at

$23,411.89 per annum.

2. Set the allowance for Mayor within the allowable range at $62,113.18 per annum.

3. Pay a remote travel allowance be paid at a rate of $40.00 per meeting or




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function (to a maximum annual value of $5,000). 4. Advertise the proposed allowances and seek submissions in

accordance with Section 223 of the Local Government Act. 5. In the event no submissions are received, adopt the proposed

allowances effective from the date of this resolution.

SECONDED Cr Katis



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There being no further business the meeting was closed at 1.13pm

Documents

SPECIAL MEETING OF COUNCIL...2016/11/15 · 2. Before a Mayor is elected under this section, the Council may resolve to elect a Mayor for a term of 2 years. 3. The Mayor is to be