Council Minutes - Section C: Notices of Motion - 26 February 2013
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Notices of Motion tabled at the Ordinary Meeting of Council on 26 February 2013 which was held at City Hall in Little Malop Street, Geelong.
The Councillors’ Expenses and Facilities Policy provides for the attendance of Councillors at meetings, which includes training programs, conferences and functions based on the relevance to the role and development of the Councillor. An amount of up to $3,000 per Councillor is allocated each financial year, with attendances in excess of $3,000 subject to approval by resolution of Council.
Portfolio Councillor for Major Projects, Planning and Knowledge Economy, Cr Rod Macdonald has been advised of the Local Government NBN & Future Online Services Conference, to be held in Sydney on 8-9 May 2013. With registration, travel and accommodation, the estimated cost will be approximately $1,500.00 which will result in Cr Macdonald exceeding the $3,000 threshold. Cr Macdonald has expended $2,700.00 for Function and Conference for the financial year of 2012-2013.
In order to attend this conference and to undertake further Councillor and Portfolio related attendances on behalf of Council to the end of this financial year, an additional amount of $2,000 is sought.
Cr Macdonald moved, Cr Richards seconded -
That Council, having regard to the Councillors’ Expenses and Facilities Policy, approves the additional funds in the amount of $2,000 to be applied for Meeting Attendance for Cr Rod Macdonald for 2012-2013.
Carried.
There is currently a 2012/13 budget allocation for the Belmont Lions Netball Court (C13844) of $89,500. This project has not yet commenced. There is a capital works project currently underway at the Queens Park Netball Court (C13840) where netball courts are being upgraded. Further funding is required to complete the project to the specifications of the Victorian Netball Association.
To facilitate the completion of the current project, this Notice of Motion seeks to transfer $40,000 from the Belmont Lions Netball Court project to the Queens Park Netball Court project. This will allow for the QPNC project to be completed on time and on budget. The Belmont Lions Netball Club project is scheduled to begin later this year, and will still have a funding allocation of $49,500.
Cr Nelson moved, Cr Harwood seconded -
That Council support the following funding reallocations:
|
Ward |
Project description |
Budget |
Budget ID |
|
Kardinia |
Belmont Lions Netball Club |
-$40,000 |
C13844 |
|
Deakin |
Queens Park Netball Court |
$40,000 |
C13840 |
Carried.
Council allocated $5,000 in the 2011/2012 budget for project D576350 – Deakin Uni Social Inclusion Project.
Following consultation with the Arts & Culture Department it has been established that the project is unlikely to proceed at this time and the funds required for the project are recommended for re-allocation.
A reallocation of the $5,000 is recommended to the Geelong Art Society Inc to pay for the repair of windows to the heritage listed Shearers Arms Visual Arts Centre to be carried out in consultation with a Heritage Advisor.
Cr Heagney moved, Cr Richards seconded -
That Council support the following reallocation:
|
Ward |
Project description |
Budget |
Budget ID |
|
Brownbill |
Deakin Uni Social Inclusion Project |
-$5,000 |
D576350 |
|
Brownbill |
Geelong Art Society Inc Shearers Arms Visual Arts Centre |
$5,000 |
TBA |
Carried.
The Green Cities 2013 – Accept the Challenge Conference on 6-8 March, 2013 in Sydney is an industry led conference providing an extensive array of keynote speakers and topical subject matter in the sustainability and environmental arena.
Keynote speakers in the conference include Gunter Pauli – author of the Blue Economy, Eric Knight Rhodes scholar and author of Refrain: How to Solve the World's Trickiest Problems, and Rob Bennett Executive Director of Portland Sustainability Institute.
The conference program provides an insight into current thinking in relation to moving to a green economy, and utilising the sustainability initiatives as an enhancement of bottom line outcomes.
As the new Environment and Sustainability Portfolio holder, attendance at this high level industry led conference will assist in managing portfolio responsibilities, particularly the Future Proofing Geelong Initiative which has multiple partners joining with the Council to implement the Council adopted Low Carbon Growth Plan.
The costs associated with this conference of approximately $3800 for attendance at the conference (conference fees, accommodation and airfares to Sydney and return) can be met out of the existing 2012/2013 budget.
A report on the conference outcomes will be prepared in accordance with Council policy.
Cr Richards moved, Cr Macdonald seconded -
Council approves the attendance of Cr Richards at the Green Cities – Accept the Challenge Conference in Sydney on 6-8 March 2013.
Carried.
[Back to List]All applications to the Victorian Commission for Gambling and Liquor Regulation for an increase in the number of electronic gaming machines (EGMs) must provide a social and economic impact assessment of the increase in the EGMs on the local community. Applicants generally argue that the majority of their income will come from nearby gaming venues in the form of a transfer of expenditure; the result being a minimal increase in gambling (and by implication, problem gambling) in the community.
In recent examples, Dun-ra Investments with regard to the Sphinx Hotel argued that 71% of their new income would come from neighbouring venues and the PJ Cook Investments Pty Ltd regarding the Fyansford Hotel argued for a 75% transfer. One of the difficulties faced by expert witnesses in producing transferred expenditure forecasts and by councils in assessing and scrutinising such figures, is that the VCGLR does not release all of the relevant data required to form an accurate prediction of the likely transferred expenditure in gaming applications. The lack of available expenditure data, coupled with the lack of input from the VCGLR in this area, undermines the reliability of transferred expenditure predictions.”
However, in recent months, the Victorian Civil and Administrative Tribunal (Tribunal) has handed down a number of decisions which involve an application for review of a decision of the Victorian Commission for Gambling and Liquor Regulation (Commission). In a number of these recent decisions, the Tribunal has expressed significant dissatisfaction with the quality of analysis regarding predicted expenditure and likely transferred expenditure arising from the proposal to install additional electronic gaming machines.
Bendigo Stadium case – Bendigo Stadium Ltd v Greater Bendigo CC [2012] VCAT 1698
In the Bendigo Stadium case, the Tribunal expressed extensive criticism of the expenditure analysis evidence that had been filed with the Tribunal. At paragraph 31, the Tribunal noted:
This leads us to the view that there is no real sophistication or rigour to the assessment of transferred expenditure in the gaming industry – a matter we find somewhat disturbing if it is to be relied upon as part of a socio-economic assessment to determine the net impact of gaming on a community.
And at [33]:
Given our comments, we would expect to see better evidence on these issues in future cases before the Commission and Tribunal, particularly for cases involving new venues or a greater number of EGMs, or where the socio-economic debate is potentially more finely balanced than here. Indeed, the Commission itself might be able to take a more pro-active role on these issues given its access to relevant industry data.
Francis Hotel case – Francis Hotel Pty Ltd v Melbourne CC [2012] VCAT 1896
In the subsequent decision concerning the Francis Hotel, the Tribunal endorsed the comments of the Tribunal in the Bendigo Stadium case. It specifically noted, at [51]:
It seems to us the range of 60% to 80% is often put to the Commission and the Tribunal in gaming cases, and in some instances without specifics as to how the estimate has been derived.
And at [52]:
Overall, it is surprising to us how little information is available about actual versus predicted transferred expenditure, particularly when transferred expenditure is a factor of some significance in many gaming decisions. Mr Whitehouse pointed out VCGLR information is restricted and not always available. In Bendigo Stadium, the Tribunal suggested the Commission itself might be able to take a more pro-active role given its access to relevant industry data. What this case demonstrates to us is the need for expert witnesses to have access to data to understand actual transferred expenditure in order to best predict transferred expenditure. As such, we see relevant industry data is an essential ingredient to the assessment of transferred expenditure in the gaming industry.
Peppermill Hotel case – Mount Dandenong Tourist Hotel Pty Ltd v Greater Shepparton CC [2012] VCAT 1899
In this decision, the Tribunal cited the "lack of publicly available information" as an issue in relation to projected expenditure analysis. It noted, at [91]:
In light of this, and in the light of the emergent issue of the conflict facing PVS, one course which suggests itself as highly desirable is for the VCGLR to take on a much more active role in the provision of baseline information relevant to EGM approvals under s 3.3.7 of the Gambling Regulation Act.
Maryborough Highland Society case – Mount Alexander SC v Victorian Commission for Gambling and Liquor Regulation & Ors [2013] VCAT 101
In this recent decision, the Tribunal cited the "specialist expertise and unique experience of the Commission” and “in dealing with difficult concepts such as gaming expenditure or transferred expenditure”. It noted, at [131]:
“the Commission needs to more clearly demonstrate that expertise and experience in dealing with difficult concepts such as gaming expenditure or transferred expenditure and/or by indicating why conflicts in the expenditure forecasts are (or are not) important in a particular case”
The Victorian Responsible Gambling Foundation is an independent statutory authority that aims to reduce the prevalence and harms of problem gambling and to help those who choose to gamble, to do so responsibly. The Foundation collaborates with local and international researchers and organisations to deliver a meaningful program of research. This research supports the Foundation’s objectives to reduce the prevalence of problem gambling and the severity of harm related to gambling.
Cr Farrell moved, Cr Richards seconded -
That Council write to the Victorian Commission for Gambling and Liquor Regulation requesting that it carries out the necessary research to enable greater clarity and understanding of predicted expenditure and likely transferred expenditure arising from proposals involving the installation of additional electronic gaming machines.
Carried.
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