special council meeting notice of meeting · special council meeting . notice of meeting . ......

DISTRICT COUNCIL OF ELLISTON

SPECIAL COUNCIL MEETING NOTICE OF MEETING

Notice is hereby given that in accordance with the provisions of Section 82 of the Local Government Act 1999, the Chairman has requested a Special Meeting of the District Council of Elliston will be held in the Elliston Council Chambers at 21 Beach Terrace on Friday, 26 February 2016, commencing at 9.30am for the following purpose: To consider:

1. Mt Wedge to Kyancutta Road Sealing Project 2. Employee Reimbursement Policy 3. Rate Rebate Policy 4. Sheringa Cricket Match

Phil Cameron

Chief Executive Officer 26 February 2016

of 25

DISTRICT COUNCIL OF ELLISTON

SPECIAL COUNCIL MEETING AGENDA

Agenda for the Special Council Meeting to be held on Friday 26 February 2016, at 9.30 am at the

Elliston Council Chambers

1. Present 2. Apologies 3. Welcome 4. Conflict of Interest 5. Mt Wedge to Kyancutta Road Sealing Project 6. Employee Reimbursement Policy 7. Rate rebate Policy 8. Sheringa Cricket Match 9. Meeting Close

of 25

Agenda

For Special Council Meeting to be held on Friday, 26 February 2016, in the Council Chambers commencing at 9.30am.

1. PRESENT: 2. APOLOGIES: 3. WELCOME:

The Chairman presided over the meeting, declared the Special Council Meeting open at X:XX am by welcoming Councillors, visitors and staff to the meeting.

4. CONFLICT OF INTEREST:

Elected Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefits in items listed for consideration on the Agenda. Section 74 of the Local Government Act 1999 requires that Elected Members declare any interest and provide full and accurate details of the relevant interest to the Council prior to consideration of that item on the Agenda. Each Member of a Council has a duty to vote at all meetings unless accepted by legislation. The major exception being where a Member has a conflict of interest.

of 25

5. Mt Wedge to Kyancutta Road Sealing Project

File Reference: 14.19.2.5 Report Author: Operations Manager PURPOSE To receive assessment of tenders for works associated with the Construction of the Mount Wedge to Kyancutta Road BACKGROUND The district Councils of Wudinna and Elliston received funding during the 2015/16 financial year from the Special Local Roads Program (SLRP) to commence the sealing of the Mount Wedge to Kyancutta Road. Total allocation of the work for DC Elliston is $516,000.00. Surveying and Aggregates costs are $86340.12, these were sent out as joint Tenders between DC Wudinna and DC Elliston. REPORT DC Elliston let a Tender for the construction of the 5 k’s of the Mount Wedge to Kyancutta road independently from the DC of Wudinna as they are constructing their own section of the road. Four (4) companies responded with one company providing an alternative option to the Specifications. Company ”A” total cost $256,150.00 Company “B” total cost $719,642.14 Company “C” total cost $1,505,257.81 Company “D” total cost $ 516,499.75 Company “D” total cost $395,539.85 – Alternate Option SUMMARY This report gives the details of the costing for the reconstruction and sealing of the Mt Wedge to Kyancutta road. MANAGEMENT PLAN DRIVERS Strategic Plan Reference Goal 1 – To actively encourage, support and promote opportunities to increase the prosperity and sustainable growth of the community and effectively and efficiently manage and improve our community infrastructure. Finance/Budget Original Budget $516,000.00 Costs Survey $30,000.00 Aggregates $56,340.12 Sealing cost $178,602.00 Construction $256,150.00 Total cost of Project $521,092.12

of 25

Shortfall in Budget $5092.12 Risk/Asset Management High OFFICER RECOMMENDATION That Council adopts the following: 1. The reconstruction of the Mt Wedge to Kyancutta road in preparation for the

sealing be awarded to the Wudinna District Council in the amount of $256,150.00

2. That the variation of $5092.12 be funded from the Capital road sealing program of 2015/16

3. That a Financial due diligence be carried out in regards to the process of Council facilitating its own Annual Road Constructing/Resheeting program vs via a Contract Arrangement.

.

of 25

6. Employee Reimbursement Policy

File Reference: 7.63.2.1 Report Author: Chief Executive Officer PURPOSE To consider and adopt an Employee Reimbursement Policy. REPORT Council’s administration is currently reviewing all Council policies. In line with Councils internal financial controls it has been identified that there is a requirement for Council to adopt an Employee Reimbursement Policy (attached as Attachment 6.1). The draft policy is not subject to community consultation and has been attached to this report item for Members consideration. SUMMARY Draft Employee Reimbursement Policy submitted for Members consideration and endorsement. MANAGEMENT PLAN DRIVERS Strategic Plan Reference Goal 4 – To provide progressive leadership and good governance which encourages confidence of the community in the Council. Finance/Budget Nil Risk/Asset Management Medium OFFICER RECOMMENDATION That Council adopt the Employee Reimbursement Policy attached to report item 6.

of 25

7. Rate Rebate Policy

File Reference: 7.63.2.1 Report Author: Chief Executive Officer PURPOSE To review Council’s current Rate Rebate Policy. BACKGROUND Council’s Rate Rebate Policy was adopted during June 2012 and changes are now required to reflect current practices. REPORT Council’s administration is currently reviewing all Council policies. The Rate Rebate Policy requires some change to reflect current administration practices. This is mainly in the area of assessing and approval of discretionary rebates as per Section 166 of the Local Government Act 1999. This section now requires for example that not for profit organisations are to complete an application form (attached at Attachment 7.1) during the annual budget process so that the rebates can be quantified and also let Council form an opinion whether the organisation provides a benefit or service to the local community. The draft policy is not subject to community consultation and a copy has been attached to this report item for Members consideration. SUMMARY Draft revised Rate Rebate Policy submitted for Members consideration and endorsement. (Attached at Attachment 7.2) MANAGEMENT PLAN DRIVERS Strategic Plan Reference Goal 4 – To provide progressive leadership and good governance which encourages confidence of the community in the Council Finance/Budget Rebates taken into consideration when formulating the annual budget process Risk/Asset Management Medium OFFICER RECOMMENDATION\ That Council revoke the Rate rebate Policy adopted by Council June 2012 and adopt the draft Rate rebate Policy attached to report item 7.

of 25

8. Sheringa Cricket Match File Reference: 7.31.3.3 Report Author: Chief Executive Officer PURPOSE To consider whether to grant sponsorship support to the biennial Sheringa Cricket Match event. REPORT Council has received a sponsorship request from the Sheringa Social Club to support their biennial Sheringa Charity Cricket Match event in the amount of $1,500, which is due to be held on the 19th March 2016. Their last event was held on the 15th March 2014 and Council supported that event via a community grant in the amount of $1,300. There is no scope of a community grant application for the 2016 March event as the applications do not close until the 1st April 2016. A copy of the sponsorship request is attached as Attachment 8.1 for Members information. MANAGEMENT PLAN DRIVERS Strategic Plan Reference Goal 3 – To deliver a high standard of essential community services and show leadership in developing positive community spirit. Finance/Budget Funding of $1,500 available in the community grants budget line. Risk/Asset Management Medium OFFICER RECOMMENDATION That Council sponsor the biennial 2016 Sheringa Social Club - Cricket Challenge – in the amount of $1,500 with funding from the community grants budget line and that the club submit a financial summary and project report of the event to Council within 6 weeks of the events completion.

9. Meeting Close

of 25

ATTACHMENTS

of 25

Attachment 6.1

The District Council

of Elliston

Policy Document

Employee Reimbursement Policy

Date Adopted:

Minute Number:

Last Review Date:

Next Review Date:

of 25

Purpose

This policy provides guidance on the operation of the Employee Reimbursement system for the nominated staff, and sets out the staff obligations for the use and administration of the System. Policy Statement Council will operate an Employee Reimbursement system for nominated staff. All nominated staff must ensure they are fully aware of their responsibilities and understand the Reimbursement procedures. Staff who fail to comply with the conditions of this Policy will have the employee reimbursement privilege withdrawn. The Senior Finance Officer is responsible for the management of the Employee Reimbursement system which includes keeping accurate records of all transactions, and providing monthly summary reports to the Chief Executive Officer. All purchases made by the nominated staff which require reimbursement must be for goods or service in accordance with the approved Annual Budget. A limit of $1000 (including GST) shall apply for each claim of reimbursement. Nominated Staff

Staff appointed to permanent positions are authorised to use the Employee Reimbursement system:

Authorising officers

All claims for reimbursement are to be assessed and approved by the Senior Finance Officer. In the case of the Senior Finance Officer making a claim, then the Chief Executive Officer will assess and approve the claim.

Employee Reimbursement Form

The Employee Reimbursement Form included as Appendix 1 must be used and fully completed for the claim to be assessed.

of 25

Adoption and Review

The Policy was adopted at the Council meeting held on .................., being resolution number ............. of the Council meeting.

The Policy will be reviewed annually, with the review being undertaken by the CEO and report provided to Council for consideration and adoption.

Availability of Policy

This Policy will be available for inspection at the Council office listed below during ordinary business hours and available to download, free of charge, from Council’s internet site: www.elliston.sa.gov.au Customer Service Centre 21 Beach Terrace Elliston Phone: 8687 9177 Fax: 8687 9176 Copies will be provided to interested parties upon request subject to Council’s Fees and Charges Schedule. Email [email protected]

Signed -------------------------------- Signed -------------------------------

Chairman Chief Executive Officer

Date

of 25

http://www.elliston.sa.gov.au/

Appendix 1

of 25

Attachment 7.1 Our Ref: Assessment No. Name:

To: Senior Finance Officer District Council of Elliston PO Box 46 ELLISTON SA 5670

Re: Council Rates Rebate Application

In response to a request in which our organisation asked the requirements to receive a Council rebate, I confirm:

1. The organisation occupies the land and

is incorporated on a not-for-profit basis.

Yes No

(Circle one)

2. The land is being used for the benefit or

…………………………………………….. …………………………………………….. ……………………………………………..

service to the local community for the …………………………………………….. purpose of - ……………………………………………..

(Describe nature of service or sporting facility)

3. Gross operating income from all sources for 2014/2015 year.

$.........................................

4. Gross income from both Federal and

State Government grants included in the financial statements for 2014/2015 year.

$.........................................

5. Period of last audited financial statements (please provide a copy).

From ……………..… To …..……………

of 25

Please provide a copy of the organisation's constitution or corporate governance.

Any brief comment-

………………………………… ………………………………… Signed Date

Representative’s Name: …….………………………………….…………… Position Held: …..….…………………………………………….…………… Contact Phone no: …….…………………….………………….…………… E-Mail Address: …….…………………….………………….……………….

Please note that a person or body must not-

(a) make a false or misleading statement or representation in an application; or (b) provide false or misleading information or evidence in support of an application. Maximum penalty: $5,000.00

of 25

The District Council

of Elliston

Policy Document

Rate Rebate Policy

Date Adopted:

Minute Number:

Last Review Date:

Next review date:

of 25

Policy Statement It is the policy of the District Council of Elliston that a rebate of rates in respect of any rateable land in the Council area will be available only when the applicant satisfies the requirements under the Local Government Act 1999 and, where appropriate, the requirements of this Policy.

Introduction The Local Government Act 1999 (“the Act”) sets out at Chapter 10, Division 5 (Sections 159 to 166) those provisions applicable to the Council granting rebate of rates and service charges to persons or bodies. This Policy sets out Council’s decision-making functions relative to the operation of the rate rebate provisions contained in the Act, and provides guidance to the community as to the grounds upon which a person or body is, or may be entitled to receive a rebate of rates and the matters that the Council will take into account in deciding an application for a rebate. In accordance with the rebate provisions contained in the Act, this Policy sets out the type of use in respect of land which the Council

• must grant a rebate of rates and the amount that rebate must be, and • those types of land use where the Council has a discretion to grant a rebate of

rates.

The Council will inform the community of the provisions for rate rebate under the Local Government Act by the inclusion of suitable details in the Rating Policy Summary distributed with the annual rate notice.

Legislation The Act provides for two types of rebate of rates:

(1) Mandatory rebates (sections 160 to 165)

(2) Discretionary rebates (section 166)

Section 159 of the Act sets out a number of requirements and conditions related to the rebate of rates. Some of the requirements and conditions refer to Council’s administration of the rates rebate system, and some refer to the eligible ratepayers’ obligations.

of 25

Special Council Meeting Agenda 26 February 2016

Integration with Corporate Objectives Our Leadership and Governance – to provide progressive leadership and good governance which encourages confidence of the community in the Council

Application of the Policy (1) General requirements and Conditions applicable to Council

• The Council may grant a rebate of rates whether on application or on its own initiative based on information known to Council (Section 159(3))

• Most mandatory rebates are fixed by the Act at 100%. There are two which are rebated at 75%. The Council may increase the amount of the rebate for the two rebates set at 75% (Section 159(4))

• The Council may determine that based on information known to the Council withdraw a rebate entitlement (Section 159(10))

(2) General requirements and conditions applicable to eligible ratepayers

• A ratepayer may apply to Council for a rebate of rates in accordance with a procedure determined by Council (Section 159(1))

• A ratepayer must not provide false or misleading information. The maximum penalty is $5,000 (Section 159(2))

• If the grounds on which a ratepayer is receiving a rebate of rates changes, then the ratepayer must immediately inform the Council at which time the entitlement will cease. A ratepayer which fails to inform the Council is subject to a maximum penalty of $5,000 (Sections 159(7) and 159(8)).

(3) Mandatory Rebates

The Council must grant a rebate in the amount specified in respect of those land uses which the Act provides will be granted a rebate.

Rates on the following land will be rebated at 100%:

• Health Services • Religious Purposes • Public Cemeteries • Royal Zoological Society of SA

18


Rates on the following land will be rebated at 75%:

• Community Services It is necessary for a community services organisation to satisfy all of the criteria listed in Appendix 1 to be entitled to the mandatory 75% rebate.

• Educational Purposes.

The definitions of land uses eligible for Mandatory Rebates according to the Act are presented in Appendix 1.

Where the Council is satisfied from its own records or from other sources that a ratepayer meets the necessary criteria for a mandatory 100% or 75% rebate, the Council will grant the rebate of its own initiative. Where the Council is not so satisfied it will require the ratepayer to apply for the rebate. Where a ratepayer is entitled to a rebate of 75% the Council may increase the rebate up to a further 25%. The Council may grant the further 25% rebate upon application or on its own initiative. In either case the Council will take into account those matters relevant to the legislation. Eligible ratepayers wishing Council to increase the rebate from 75% to 100% must make written application to the Council in the form included as Appendix 3 to this Policy Application forms may be obtained from the Council office located at Beach Terrace, Elliston. Application forms must be submitted by the 31st March of each year. The Council will provide written notice to the applicant of its determination of that application within 10 business days after the adoption of its annual budget.

(4) Discretionary Rebates

The Council has absolute discretion grant a rebate of rates or service charges in any of the cases listed in Appendix 2, and to determine the amount of any such rebate.

The Council may grant a rebate of rates up to and including 100% of the relevant rates or service charges. The Council may grant a rebate for a period exceeding one year, but not exceeding 10 years in respect of the cases identified in appendix 2.

19


Ratepayers which seek a discretionary rebate will be required to submit an application form to the Council and provide to the Council such information as stipulated on the application form (See Appendix 3) and any other information that the Council may reasonably require. Completed forms must be submitted by the 31st March of each year. The Council will provide written notice to the applicant of its determination of that application within 10 business days after the adoption of its annual budget. Council will take into account the following factors in deciding whether to grant a rebate of rates or service charges:

• the nature and extent of Council services provided in respect of the land for which the rebate is sought in comparison to similar services provided elsewhere in the Council’s area;

• the community need that is being met by activities carried out on the land for which the rebate is sought; and

• the extent to which activities carried out on the land for which the rebate is sought provides assistance or relief to disadvantaged persons.

• The Council may take into account other matters considered relevant by the Council including, but not limited to, the following –

o why there is a need for financial assistance through a rebate; o the level of rebate (percentage and dollar amount) being sought and

why it is appropriate; o the extent of financial assistance, if any, being provided to the

applicant and/or in respect of the land by Commonwealth or State agencies;

o whether the applicant has made/intends to make applications to another Council;

o whether, and if so to what extent, the applicant is or will be providing a service within the Council area;

o whether the applicant is a public sector body, a private not for profit body or a private or profit body;

o whether there are any relevant historical considerations that may be relevant for all or any part of the current Council term;

o the desirability of granting a rebate for more than one year; o consideration of the full financial consequences of the rebate for the

Council; o the time the application is received; o the availability of any community grant to the person or body making

the application; o whether the applicant is in receipt of a community grant; and o any other matters, and policies of the Council, which the Council

considers relevant.

20


Review A person who or a body which is aggrieved by a determination of the Council in respect of an application for a rebate may seek a review of that decision in accordance with the Council’s Internal Review of Council Decisions Policy within 21 days of the date of the notice of determination.

Delegation The Council has delegated its power, pursuant to Section 44 of the Act, to grant applications for mandatory rebates, which meet the requirements of the Act. Discretionary rebate of rates are to be referred to Council.

Adoption and Review The Policy was adopted at the Council meeting held on .................., being resolution number ............. of the Council meeting. The Policy will be reviewed annually, with the review being undertaken by the CEO and report provided to Council for consideration and adoption.

Availability of Policy This Policy will be available for inspection at the Council office listed below during ordinary business hours and available to download, free of charge, from Council’s internet site: www.elliston.sa.gov.au Customer Service Centre 21 Beach Terrace Elliston Phone: 8687 9177 Fax: 8687 9176 Copies will be provided to interested parties upon request subject to Council’s Fees and Charges Schedule. Email [email protected]

Signed -------------------------------- Signed -------------------------------

Chairman Chief Executive Officer

Date

21

http://www.elliston.sa.gov.au/


Appendix 1 Definition of land uses eligible for Mandatory Rebates The Council must grant a rebate in the amount specified in respect of those land uses which the Act provides will be granted a rebate. Rates on the following land will be rebated at 100%: Health Services

Land being predominantly used for service delivery or administration by a hospital or health centre incorporated under the South Australia Health Commission Act 1976; Religious Purposes

Land containing a church or other building used for public worship (and any grounds), or land solely used for religious purposes; Public Cemeteries

Land being used for the purposes of a public cemetery; Royal Zoological Society of SA

Land (other than land used as domestic premises) owned by, or under the care, control and management of, the Royal Zoological Society of South Australia Incorporated. Rates on the following land will be rebated at 75%: Community Services

Land being predominantly used for service delivery and administration by a community services organisation. A “community services organisation” is defined in the Act as a body that –

• is incorporated on a not for profit basis for the benefit of the public; and • provides community services without charge or for a charge that is below

the cost to the body of providing the services; and • does not restrict its services to persons who are members of the body.

It is necessary for a community services organisation to satisfy all of the above criteria to be entitled to the mandatory 75% rebate.

22


The Act further provides that eligibility for a rebate by a community services organisation is subject to it providing one or more of the following community services –

• emergency accommodation; • food or clothing for disadvantaged persons (i.e., persons who are

disadvantaged by reason of poverty, illness, frailty, or mental, intellectual or physical disability);

• supported accommodation (i.e., residential care facilities in receipt of Commonwealth funding or accommodation for persons with mental health, intellectual, physical or other difficulties who require support in order to live an independent life);

• essential services, or employment support, for persons with mental health disabilities, or with intellectual or physical disabilities;

• legal services for disadvantaged persons; • drug or alcohol rehabilitation services; or • the conduct of research into, or the provision of community education about,

diseases or illnesses, or the provision of palliative care to persons who suffer from diseases or illnesses.

Educational Purposes Land occupied by a government school under a lease or licence and being used for educational purposes; or Land occupied by a non-government school registered under Part 5 of the Education Act 1972 and being used for educational purposes; or Land being used by a University or University College to provide accommodation and other forms of support for students on a not for profit basis.

23


Appendix 2 Discretionary Rebates The Council has absolute discretion grant a rebate of rates or service charges in any of the following cases pursuant to Section 166 of the Act –

(a) where it is desirable for the purpose of securing the proper development of

the area (or a part of the area); (b) where it is desirable for the purpose of assisting or supporting a business in

its area; (c) where it will be conducive to the preservation of buildings or places of

historic significance; (d) where the land is being used for educational purposes; (e) where the land is being used for agricultural, horticultural or floricultural

exhibitions; (f) \where the land is being used for a hospital or health centre;\ (g) where the land is being used to provide facilities or services for children or

young persons; (h) where the land is being used to provide accommodation for the aged or

disabled; (i) where the land is being used for a residential aged care facility that is

approved for Commonwealth funding under the Aged Care Act 1987 (Commonwealth) or a day therapy centre;

(j) where the land is being used by an organisation which, in the opinion of the Council, provides a benefit or service to the local community;

(k) where the rebate relates to common property or land vested in a community corporation under the Community Titles Act 1996 over which the public has a free and unrestricted right of access and enjoyment; and

(l) where the rebate is considered by the Council to be appropriate to provide relief against what would otherwise amount to a substantial change in rates payable due to a change in the basis of valuation used for the purposes of rating, rapid changes in valuations, or anomalies in valuations or as a consequence of a redistribution of the rates burden arising from changes to the basis or structure of the Council’s rates.

The Council may grant a rebate for a period exceeding one year, but not exceeding 10 years in respect of cases (a), (b), and (k) above.

Appendix 3

Application Form

24


From: Lisa Boot Attachment 8.1 To: Phil Cameron Subject: Sheringa Cricket Challenge Date: Wednesday, 24 February 2016 8:49:22 AM Good morning Phil, Sorry it's taken me a few days to write, things just suddenly got very busy! I am writing on behalf of the Sheringa Social Club seeking sponsorship from the Elliston District Council to support our charity cricket match, the Sheringa Cricket Challenge, being held on March 19th. The day is fun-filled with plenty of novelty events for both the young and the young at heart, with the main event being a 20-over cricket match between Northerners (Elliston) and Southerners (Sheringa). All proceeds go to the Royal Flying Doctors Service and a local organisation (such as the school, kindy or hospital, and depending on money raised). We have a raffle with tickets being sold throughout the day, and after the cricket match, hold an auction of donated goods to raise more money. Our biggest costs are food and drinks, which we rely heavily on cash sponsorship to help cover. If the council has the capacity, we would be asking for $1,500 to help keep this fantastic event going. I look forward to hearing your reply soon. Kind regards,

Lisa Boot

25

special council meeting notice of meeting · special council meeting . notice of meeting . ......

Documents