|Bellarine Multi-Arts Community Asset Committee (Potato Shed) - Terms of Reference
||1 September 2020
||24 October 2021
||Rob MacLeod, Venue Manager, Potato Shed
||Chief Executive Officer
- Greater Geelong City Council (Council) has established the Bellarine Multi-Arts (Potato Shed) Community Asset Committee (Committee) pursuant to section 65 of the Local Government Act 2020 (LGA) for the purpose of managing the Potato Shed.
- On 28 March 2000, the City of Greater Geelong entered into a Development and Joint Use Agreement for the development of a multi-arts facility at the Bellarine Sub-Regional Centre, Drysdale, now known as The Potato Shed. Joint venture partners are the Bellarine Secondary College and the Roman Catholic Trusts Corporation.
- The Agreement makes provision for the establishment of a Committee of Management for the facility.
- The Terms of Reference reflect the Joint Use Agreement, however, due to a number of practical constraints in exercising the exact terms of the Agreement, appropriate measures to operate the facility have been developed in consultation with the Committee. Where necessary, the administration process currently undertaken by Council on behalf of the Committee, is noted in brackets
- The Committee has the powers, duties and functions of Council as set out in these Terms of Reference and its Instrument of Delegation. These Terms of Reference set out the structure and basis on which the Committee can make decisions for and on behalf of members of the Joint User Agreement.
The Committee is established for the purpose of:
- The management and promotion of the Bellarine Multi Arts Facility known as Potato Shed (the Facility).
The objectives of the Committee are to ensure:
- the operation of the facility in a reputable manner;
- responsible scheduling of its use;
- establishment and maintenance of operating and capital reserve accounts; and
- financial powers and obligations are in accordance with the Agreement.
4. Roles and Responsibility
The role of the Committee is to (20):
- to exercise Council's powers and carry out Council's duties and functions, in accordance with these Terms of Reference and as permitted by the Instrument of Delegation, for the management of the Facility;
- operate the Facility in a reputable manner appropriate to a facility in the nature of the Facility, and not permitting it to be used for any purpose other than a Permitted Use (undertaken by Council and reported to the Committee);
- promote and market the Facility (recommended by the Committee and undertaken by Council);
- fix the terms and conditions for the use of the Facility including, but not limited to, the general fees for its use and requiring that all users leave the Facility in a tidy condition (undertaken by Council and reported to the Committee);
- hire the Facility out for use by members of the public (undertaken by Council and reported to the Committee);
- collect fees for the use of the Facility (collected by Council through the City of Greater Geelong’s standard invoicing processes or in accordance with cash management protocols, reported back to Finance Sub-committee and then to Committee);
- pay all costs in respect of the Facility, including Operating Costs and Capital Costs (undertaken by Council, reported back to Finance Sub-committee and then to Committee);
- employ staff and engage contractors to provide services for the purposes of the Facility. (Administered by Council. Appointment of key staff ie Project Officer, undertaken by Council representative and the School);
- ensure the general operating, cleaning, maintenance, repair and security of the Facility, and for the landscaping and cleanliness of the area immediately surrounding the Facility, to meet a standard not less than that generally considered appropriate for a facility in the nature of the Facility (undertaken by Council, reported to the Committee);
- comply with and observe all statutes, ordinances, proclamations, orders and regulations, present or future, and all notices, orders, demands, directions, requests or requirements made by any authority having jurisdiction or authority over or in respect of the Facility, including all health and safety policies and guidelines of the Department of Education, which apply in respect of a facility in the nature of the Facility;
- approve the establishment of a kiosk or other facilities to sell food and beverages, if thought appropriate, provided that the operation of those facilities during School Hours is:
- approved by the Principals; and
- in accordance with all relevant legal requirements, including necessary municipal and other approvals for operating those facilities and selling food and beverages.
- encourage the discretionary use of the Facility by user groups, with such use to be administered by the Committee, provided that such use does not conflict with any curricular activities of the College or Catholic Schools and that reasonable fees are charged in respect of such use, subject to the overriding obligations in the Agreement (administered by Council).
5. Delegation of powers, duties and functions
- In order to fulfil and carry out its purposes and objectives Council’s Chief Executive Officer has delegated to the members of the Committee, pursuant to section 47(1)(b) of the LGA, the powers, duties and functions set out in the Instrument of Delegation made by the Chief Executive Officer on 1 September 2020 and attached to these Terms of Reference.
- The Committee will consist of (16.2):
- two representatives of Council (one of which is a Councillor as Chair);
- Bellarine Secondary College Principal or nominee;
- one member of the College Council nominated by the Bellarine Secondary College;
- two persons nominated by the most senior officer of the Association of Conical Administrators for the St Ignatius College Geelong, one of whom must be the Principal of St Ignatius College; and
- no more than two community representatives appointed by Council.
- The parties to the Agreement shall each notify the secretariat of the committee of the persons nominated for or appointed to the Committee (16.3).
- Venue staff who attend the meetings of the Committee are to provide advice and support to the Committee and are not considered Committee members and do not have voting rights.
- Each member of the Committee has and may exercise one equal vote on any question before the Committee for determination.
- A member of the Committee being a person nominated under 6.1.5 will hold office for a period not exceeding 2 years but will be eligible for reappointment.
- Appointments may be revoked or terminated in accordance with the Agreement (16.8, 16.9, 16.10).
- Unless Council resolves otherwise, Committee meetings must be conducted in accordance with:
- Council’s Governance Rules; and
- The Committee’s discretion, as exercised from time to time.
- The Committee will meet at leaste four times each financial year as agreed by the Committee from time to time (16.4).
- The Secretariat will provide written notice of each meeting to each member of the Committee at least 72 hours prior to the meeting (16.11).
- A quorum of the Committee will be half of the members plus one.
- Voting will be by a majority of votes by a show of hands. Only members in attendance are entitled to vote. The Chairperson shall have the casting vote in the event of an equality of votes.
- Sub committees may be appointed by the Committee and meet between general meetings and as authorised by the full Committee. Sub committees do not have any delegated powers.
8. Facilities and Resources
- This document provides guidelines for the Committee, however, the Agreement sets out the detailed obligations and responsibilities of the Committee in performing its functions under the Agreement.
- The Manager Arts and Culture will provide the secretariat to the Committee.
9. Financial Records
- The Committee will keep books of account and such records will form part of the accounts of Council and therefore be subject to audit to the Municipal Auditor.
- The Committee will prepare an annual financial statement as part of the audit process.
- The Committee will immediately comply with any request from Council to provide access to, or copies of, the Committee’s books of account.
- The Committee is responsible for taking proper minutes of all meetings and preparing reports for the Committee's consideration in accordance with:
- Council’s Governance Rules; and
- The Committee’s discretion, as exercised from time to time.
- The Secretariat shall keep minutes of meetings and circulate copies to members within one month of each meeting (16.19).
- Minutes of all Committee meetings will be published on Council’s website and must be forwarded to Council’s Governance Services as soon as practicable after adoption by the Committee.
- The Committee must prepare and present to Council, at least once per year.
11. Standard of Conduct
- Committee members act in the public interest at all times and in the best interests of managing the Facility.
- Each member of the Committee is required to:
- act honestly, with integrity, in a financially responsible manner, with a reasonable degree of care, diligence and skill, and in good faith in the best interests of managing the Facility;
- maintain confidentiality, even after their appointment expires or otherwise terminates; and
- avoid improperly using their position or any information acquired in their role as a Committee member to gain advantage for themselves or another person or to cause detriment to the Committee.
- The committee must:
- inform Council of any known major risks (existing or emerging) to the effective management of the Facility; and
- unless prohibited by law, provide Council with any information relating to the Committee and its operations that is requested.