minute book page 7414 city of palmerston unconfirmed · gallery: allen bolaffi, audit partner uhy...

Minute Book Page 7414

CITY OF PALMERSTON

Minutes of Council Meeting

held in Council Chambers, Civic Plaza, Palmerston

on Tuesday, 6 May 2014 at 6:30pm

Audio Disclaimer

An audio recording of this meeting is being made for minute taking purposes as authorised

by City of Palmerston Policy MEE3 Recording of Meetings, available on Council’s Website.

1. PRESENT

Elected Members: His Worship the Mayor Ian Abbott (Chair)

Deputy Mayor Heather Malone

Alderman Paul Bunker

Alderman Geoff Carter

Alderman Andrew Byrne

Alderman Sue McKinnon

Alderman Seranna Shutt

Staff: Ricki Bruhn, Chief Executive Officer

Ben Dornier, Director of Corporate and Community Services

Mark Spangler, Director of Technical Services

Caroline Hocking, Minute Secretary

Gallery: Allen Bolaffi, Audit Partner UHY Haines Norton

Silke Reinhardt, Finance Manager

Gary Boyle, Major Projects Officer

Amanda Ward, Communications Officer

Jeetendra Dahal, Technical Services Manager

2. APOLOGIES

Nil

3. CONFIRMATION OF MINUTES

Moved: Alderman Carter

Seconded: Alderman Byrne

1. THAT the minutes of the Council Meeting held Tuesday, 15 April 2014 pages 7388 to 7407, be confirmed.

2. THAT the minutes of the Special Council Meeting held Tuesday, 22 April 2014

pages 7408 to 7410, be confirmed.

3. THAT the minutes of the Special Council Meeting held Wednesday, 30 April 2014 pages 7411 to 7413, be confirmed.

4. THAT the minutes of the Confidential Section of the Special Council Meeting

held Wednesday, 30 April 2014 pages 127 to 128, be confirmed.

CARRIED 8/1055–06/05/2014

unconfirmed


4. MAYOR’S REPORT

Nil

5. REPORT OF DELEGATES

Nil

6. QUESTIONS (WITHOUT DEBATE) FOR WHICH NOTICE HAS BEEN GIVEN

Nil

7. QUESTIONS (WITHOUT DEBATE) FOR WHICH NOTICE HAS NOT BEEN GIVEN

7.1 Community Consultation – Palmerston Christian School

Moved: Alderman Byrne

Seconded: Alderman Carter

THAT the question “In the previous question on notice that was asked, you

answered that “there was no consultation on the Christian School land deal and

there was also no consultation on the exceloo Marlow’s Lagoon”. This seems to

be in contradiction to the statement that you made on the radio which was on

7/4/14, based on that “is that statement that you made correct on radio?” and the

response provided by the Mayor be recorded in the minutes.

CARRIED 8/1056–06/05/2014

In response to the question raised by Alderman Bunker at the Council Meeting held on 15th April 2014 “In the previous question on notice that was asked, you answered that “there was no consultation on the Christian School land deal and there was also no consultation on the exceloo Marlow’s Lagoon”. This seems to be in contradiction to the statement that you made on the radio which was on 7/4/14, based on that “is that statement that you made correct on radio?” – The Mayor provided the following response:-

There was no contradiction.

7.2 Radio Statement



THAT the question “That if the statement is not correct, is the Mayor prepared to

go on Radio and state that the previous statement he made was incorrect?” and

response provided by the Mayor be recorded in the minutes.

CARRIED 8/1057–06/05/2014


7.2 Radio Statement (continued) In response to the question raised by Alderman Bunker at the Council Meeting held on 15th April 2014 “That if the statement is not correct, is the Mayor prepared to go on Radio and state that the previous statement he made was incorrect?” – The Mayor provided the following response:- See answer to 7.1.

7.3 Council Decision


Seconded: Deputy Mayor Malone

THAT the question “on the radio you’re saying that there was only a notice of

motion, are you prepared to agree that there was actually a lawful decision of

Council voted 5-2, that the decision was to progress with the outdoor screen?”

and response provided by the Mayor be recorded in the minutes.

CARRIED 8/1058–06/05/2014

In response to the question raised by Alderman Byrne at the Council Meeting

held on 15th April 2014 “on the radio you’re saying that there was only a notice of

motion, are you prepared to agree that there was actually a lawful decision of

Council voted 5-2, that the decision was to progress with the outdoor screen?” –

The Mayor provided the following response:-

I believe I stated (to the effect of) that “council had made a lawful decision”, this

has never been questioned or disputed by me. As council lawfully shut down

debate by “That the motion be put” this again has never been questioned or

disputed by me.

7.4 Decision Making Process


Seconded: Deputy Mayor Malone

THAT the question “you admitted in 7.2 that you believe in the decision making

process ‘lacked due diligence, being open and transparent’ do you believe that,

that supports a full decision of Council?” and response provided by the Mayor be

recorded in the minutes.

CARRIED 8/1059–06/05/2014

In response to the question raised by Alderman Byrne at the Council Meeting

held on 15th April “you admitted in 7.2 that you believe in the decision making

process ‘lacked due diligence, being open and transparent’ do you believe that,

that supports a full decision of Council?”– The Mayor provided the following

response:-


7.4 Decision Making Process (continued)

I have supported the decision of Council, but as an Elected Member of Council, I

believe I have an obligation to the community to question “how” the decision was

made. I challenge any Elected Member to supply official council documents,

tabled at either committee or council meetings prior to the decision to purchase

and install a TV Screen that reflect that a sound decision making process was

followed.

7.5 Outdoor TV Screen Press Release

Moved: Deputy Mayor Malone


THAT the question “The Chief Executive Officer issued a press release and

emails regarding that he believed that the decisions were lawful in that Council’s

capacity. I want the Chief Executive Officer to confirm that, that is in fact correct”

and response provided by the Chief Executive Officer be recorded in the

minutes.

CARRIED 8/1060–06/05/2014

In response to the question raised by Alderman Byrne at the Council Meeting held on 15th April 2014 “The Chief Executive Officer issued a press release and emails regarding that he believed that the decisions were lawful in that Council’s capacity. I want the Chief Executive Officer to confirm that, that is in fact correct”. – The Chief Executive Officer provided the following response:-

At the Council Meeting held on 4th March 2014 the following motion was moved

and seconded:-

1. THAT Council approve the purchase and installation of a large screen TV of approximate size 3m x 5m, in conjunction with the current redevelopment works in Goyder Square;

2. THAT staff arrange for an Open Tender process to be conducted to

procure an appropriate screen; 3. THAT the cost of purchase and installation of the screen be met from the

budget review savings already returned to Council’s Investment Reserves and this be accounted for in the next available budget review.

This motion was subsequently voted on and was carried and recorded as

decision 8/0964 – 04/03/2014. A Division was called and upon dividing, four members voted in the affirmative and two members voted in the negative.

Section 61 (5) of the Local Government Act provides:-

- Subject to this Act, a decision carried by a majority of the votes of the members present at a meeting of a council is a decision of the council.


7.5 Outdoor TV Screen Press Release (continued) It is my opinion this is a lawful decision of Council and pursuant to Section 101 (a) of the Local Government Act, I am obliged to implement this decision:-

101 (a) THE CEO is responsible to the council to ensure that the council’s

policies, plans and lawful decisions are implemented.

7.6 Radio Statement 2nd April 2014

Alderman Bunker asked the Mayor:

“Is the statement made by you on the radio on the 2nd April 2014 which stated,

“In my 15 years that I have been on Council, I have not come across this, we are

going to make a decision for the community regardless of what it thinks” correct

and truthful?”

The Mayor took the question on notice.

7.7 Public Consultation for the Proposed Sale of Land to the Palmerston

Christian School and Exceloo in Marlow Lagoon

Alderman Bunker asked the Mayor:

“If you have taken part in both the decision for the proposed sale of land and the

exceloo, where you have stated previously that there was no consultation, how

can your statement made on radio be truthful?”

The Mayor took the question on notice.

8. PETITIONS

Nil

9. DEPUTATIONS / PRESENTATIONS

9.1 UHY Haines Norton

Presented by Allen Bolaffi, Audit Partner UHY Haines Norton


10. CONSIDERATION OF MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN

10.1 Notice to Rescind Resolution Number 8/0848

Moved: Alderman Bunker


THAT Council rescind Resolution Number 8/0848, which states the following:-

Moved, Alderman Carter; Seconded, Alderman Shutt

THAT the Director of Technical Services provide a Report direct to Council,

in relation to the cost of converting the lower floor Civic Plaza to

Community Rooms, administration, Council Chambers, Mayor’s Office,

Alderman’s Room and Customer Service. CARRIED 8/0848-19/11/2013

CARRIED 8/1061–06/05/2014

11. COMMITTEE RECOMMENDATIONS

11.1 Governance and Organisation

Nil

11.2 Economic Development and Infrastructure

Nil

11.3 Community Culture and Environment

Nil

12. INFORMATION AGENDA

12.1 Items for Exclusion

Item 12.3.1 be excluded.

12.2 Receipt of Information Reports

Moved: Alderman Shutt


THAT the information items contained within the Information Agenda be received

with the exclusion of 12.3.1.

CARRIED 8/1062–06/05/2014

Minute Book 420

The Chair invited the Chief Executive Officer, Director of Corporate and Community Services

and Director of Technical Services to provide a verbal update on the outstanding matters

contained within the Action Report.

Officers provided a verbal report and answered questions from the Elected Members.

13. DEBATE AGENDA

13.1 Officer Reports

12.3.1 Action Report 8/0473


Seconded: Alderman McKinnon

THAT Council receive Report Number 8/0473.

CARRIED 8/1063–06/05/2014

14. CORRESPONDENCE

Nil

15. PUBLIC QUESTION TIME

At the invitation of the Chair

Nil

16. OTHER BUSINESS - ALDERMAN REPORTS

Alderman Byrne tabled an email in relation to the Toad Deposit Box at the Palmerston

Waste Transfer Station.

16.1 Toad Deposit Box



THAT the emails tabled by Alderman Byrne be received and referred to the

Community, Culture and Environment Committee.

CARRIED 8/1064–06/05/2014


16.2 City of Palmerston Tenders Panel


Seconded: Alderman Bunker

THAT a report be provided to the 12 June 2014 EDI Committee to allow the

Chair of the Economic Development and Infrastructure Committee to be

appointed to the City of Palmerston Tenders Panel, for tenders associated

with Goyder Square, The Boulevard and any other projects recommended by

the Committee and agreed upon by Council.

CARRIED 8/1065–06/05/2014

16.3 Community Group Access Policy



THAT a policy be drafted and provided to the 12 June 2014 Governance and Organisation Committee on Community group access for the Bigscreen TV.

CARRIED 8/1066–06/05/2014

16.4 TV Licences

Moved: Alderman Byrne Seconded: Deputy Mayor Malone

THAT a report be provided to the 12 June 2014 Governance and

Organisation Committee on the licenses Council may need to obtain in order

to show Free to Air, Cable and other Video content on the Bigscreen TV.

CARRIED 8/1067–06/05/2014

MEETING PROCEDURES

Suspension of Standing Orders



THAT Standing Orders be suspended.

CARRIED 8/1068–06/05/2014

Standing Orders were suspended at 7:23pm.


Reinstatement of Standing Orders


Seconded: Alderman McKinnon

THAT Standing Orders be reinstated.

CARRIED 8/1069–06/05/2014

Standing Orders were reinstated at 7:33pm.

16.5 Alderman Carter

Attended a breakfast at Moulden Primary School run by the US Marines and

commended their presence within the community. Alderman Carter will also

represent the Mayor at the Anniversary Battle of the Coral Sea on Friday 9

May 2014 at USS Peary Gun Memorial in Darwin.

16.6 Alderman Shutt

Represented the Mayor at the official opening of the Palmerston Markets held

Friday, 2 May 2014.

17. CONFIDENTIAL REPORTS

Nil

18. CLOSURE

Meeting closed at 7:36pm

_________________________

(Chair)

Minute Book Page 7423Tabled email Item 16.1

Minute Book Page 7424Tabled email Item 16.1



Held 16 April 2013

CITY OF PALMERSTON

Minutes of Council Meeting held in Council Chambers, Civic Plaza, Palmerston

on Tuesday, 16 April 2013 at 7:45 pm

RELEASED TO THE PUBLIC RECORD

1. PRESENT


Deputy Mayor Andrew Byrne



Alderman Heather Malone



Ben Dornier, Director of Corporate and Community Services Mark Spangler, Director of Technical Services

Caroline Hocking, Minute Secretary

2. APOLOGIES

Alderman Forrest – Leave of Absence

3. COMMITTEE RECOMENDATIONS 3.1 Committee Recommendation - Extension of Contract 2010/01 – Provision of Transactional Banking GOC/0006-11/04/2013 Moved: Deputy Mayor Byrne Seconded: Alderman Bunker

1. THAT the Committee recommends to Council approval of an extension of contract with NAB for further three years.

CARRIED 8/0577–16/04/2013 Moved: Alderman Carter Seconded: Alderman McKinnon

2. THAT the resolution only to come back into the Open Session.

CARRIED 8/0578–16/04/2013

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Held 16 April 2013

4. MOVE TO OPEN

Moved: Alderman Carter Seconded: Alderman Malone

THAT the Council move into the open session.

CARRIED 8/0579–16/04/2013 The meeting moved to the Open session at 7:47 pm. CONFIRMED AT MEETING TO BE HELD 7 MAY 2013 _____________________________________________ (Chair)


ITEM NO. 12.1 Extension of Contract 2010/01 – Provision of

Transactional Banking

FROM: Director of Corporate and Community Services

REPORT NUMBER: GOC/005

MEETING DATE: 11 April 2013

Summary:

Council awarded the contract provision of transactional banking to National Australia Bank (NAB) on the 1 May 2010 for a three year period. Council decided in April 2010 to move the banking service from Westpac to NAB due to best value for money, based on indicative transaction volumes.

Background:

Council accepted the tendered Schedule of Rates by NAB for Tender CS2010/01 for a period of three years commencing on 1 May 2010. Decision number 7/0780 – 06/04/2010 NAB was assessed as the best value for money tender based on indicative transaction volumes with 13% less cost than Westpac and 9% less than the competitive tender from Commonwealth Bank of Australia. National Australia Bank had committed to a three year lock in on NAB controlled fees and charges. The Service Level Agreement with NAB operates for a 12 month period from the date of signature, thereafter renewing annually until terminated.

General:

Over the last three years NAB has provided the City of Palmerston with quality products and services, and has complied with all requests within timeframes. All services offered by NAB in the original tender have been provided to City of Palmerston in an excellent manner, and processes between the two contractors have been established. Therefore NAB has been requested to provide City of Palmerston with a new Pricing Schedule (Attachment A) for a possible continuation of the contract. The following table summarises the changes in the new Pricing Schedule compared to the current Pricing Schedule of 2010.

Municipal Plan:

4. Governance & Organisation

4.1 Responsibility

We are committed to corporate and social responsibility, the sustainability of Council assets and services, and the effective planning and reporting of Council performance to the community


Description of Service

Current Price (excl. GST)

New Price (excl. GST)

Difference Impact for City of Palmerston

Account Fees

Cheques behind deposits

$0.25 $0.18 -$0.07 Possible saving of $160 per year

Cheques written $0.25 $0.20 -$0.05 Possible saving of $11 per year

Cheques cashed $0.25 $0.70 +$0.55 Service not used

NAB Connect

Additional tokens $13.64 $18.18 +$4.54 Service not used

Replacement security token

$13.64 $18.18 +$4.54 Service only used twice in three years

Electronic Banking Activity Fees

Domestic Payment (overnight)


Direct Credit Payment

$0.073 $0.05 -$0.023 Service not used frequently

Direct Debit Payment


Payroll and Executive payroll payment


BPAY payment $0.00 $0.20 +$0.20 Service not used

EFTPOS Solution

NAB Escape terminal rental


Merchant Service Fee

0.145% 0.127% -0.018% Possible saving as preferred payment option of customers

Debit account transaction

$0.159 $0.136 -$0.023 Possible saving as preferred payment option of customers

Cash out transaction $0.159 $0.226 +$0.067 Service not used

BPAY

New biller code after initial transition

Nil $477.27 +$477.27 Service not used, City of Palmerston operates with one Biller Code

Debit account transaction


Credit Card transaction

$0.60 $0.58 -$0.02

NAB Transact Receivables Management Platform

Merchant Service Fee

0.145% 0.127% -0.018% Possible saving as preferred payment option of customers

Pay by Phone including 1300 call costs



Most of the changes in the pricing schedule provided by NAB are favourable for the City of Palmerston (as demonstrated above). NAB has applied a reduction of fees to payment options that are increasingly utilised by the City of Palmerston and its customers. The new payment options will also reduce the administration process and costs to the City of Palmerston.

NAB has committed to lock in all NAB controlled fees and charges on the new Pricing Schedule for a period of three years. The City of Palmerston Finance Department has been satisfied with the services provided by NAB and senior management would like to recommend extending the contract with NAB for further three years.

Financial Implications:

The savings calculated and described in the above table are only assumptions based on average transactions in March 2013. As transaction volumes change savings may not be realised.

RECOMMENDATION

1 THAT the Committee receives Report Number GOC/005

2. THAT the Committee recommends to Council approval of an extension of

contract with NAB for further three years.

Recommending Officer: Ben Dornier, Director of Corporate and Community

Services

Any queries on this report may be directed to Ben Dornier, Director of Corporate and Community Services on telephone (08) 8935 9976 or email [email protected].

PLEASE VISIT THE COUNCIL WEBSITE OR PUBLIC OFFICE TO VIEW ATTACHMENTS

Schedule of Attachments:

Attachment A – Pricing Schedule NAB - April 2013



Held 13 May 2013

CITY OF PALMERSTON

Minutes of Council Meeting held in Council Chambers, Civic Plaza, Palmerston

on Tuesday, 13 May 2013 at 7:23 pm

RELEASED TO THE PUBLIC RECORD

1. PRESENT


Deputy Mayor Andrew Byrne



Alderman Heather Malone


Alderman Rebecca Forrest


Ben Dornier, Director of Corporate and Community Services Mark Spangler, Director of Technical Services

2. APOLOGIES

Nil

3. OFFICER REPORTS 3.1 Radford Road Reconstruction and Ownership 8/0304 Moved: Alderman McKinnon Seconded: Alderman Carter

1. THAT Council accept the late report.

CARRIED 8/0605– 13/05/2013

Moved: Alderman Malone Seconded: Alderman Forrest

2. THAT Council receives Report Number 8/0304.

CARRIED 8/0606– 13/05/2013

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Held 13 May 2013

3.1 Radford Road Reconstruction and Ownership (continued) 8/0304

Moved: Alderman Malone Seconded: Alderman Carter

3. THAT in accordance with clause 32 of the NT Local Government Act the

Council delegates to the Chief Executive Officer the responsibility for;

Negotiating the transfer of cash from Land Development Corporation to Council equal to the cost to reconstruct Radford Road adjacent to Stage 1 of the Zuccoli Subdivision.

Negotiate with Litchfield Council the transfer of Radford Road to the Litchfield Council initially by exchange of letters and later by an amendment to the Council Municipal Boundary.

CARRIED 8/0607– 13/05/2013 4. MOVE TO OPEN

Moved: Alderman Carter Seconded: Alderman McKinnon

THAT the Council move into the open session.

CARRIED 8/0608– 13/05/2013 The meeting moved to the Open session at 7:29 pm. CONFIRMED AT MEETING TO BE HELD 21 MAY 2013 _____________________________________________ (Chair)


ITEM NO. 16.1.1 Radford Road Reconstruction and Ownership

FROM: Director of Technical Services

REPORT NUMBER: 8/0304

MEETING DATE: 7 May 2013

Summary:

Council officers have been discussing the future of Radford Road with the NTG and Litchfield Council. The following report seeks Council consent to progressing these negotiations with the intention of handing the road over to the Litchfield Council.

General:

Radford Road is located on the eastern boundary to the Palmerston Municipality. It is an unsealed road in poor condition. Radford Road services the access needs of around 20 rural residential and rural living lots all within the Litchfield Council area. During negotiations with the Land Development Corporation it was agreed that a section of Radford Road would be upgraded to an Urban Standard at no cost to Council (Attachment A). These discussions have progressed to a stage where officers require clear direction on whether the road will remain with Palmerston or be transferred to Litchfield. Early discussions with officers of Litchfield Council have indicated that they would be interested in accepting the road if it came with a significant cash contribution for its upgrade, $1M plus. A recent email from Land Development Corporation (LDC) indicates that the upgrade costs are likely to be around $1.25M (Attachment B). LDC have asked whether Council requires the money or the project construction. If Council choose to accept the money then theoretically this could be transferred directly to Litchfield Council along with the road there by relinquishing any further liability for the City of Palmerston.

Financial Implications:

Nil

Municipal Plan:

3. Environment & Infrastructure

3.2 Assets and Infrastructure

We are committed to maintaining and developing community assets and infrastructure which meet the needs of our community


Legislation / Policy:

The Local Government Act states that Council is responsible for the care and control of all roads within its municipality except those gazetted otherwise.

RECOMMENDATION

1. THAT Council accept the late report.

2. THAT Council receives Report Number 8/0304.

3. THAT in accordance with clause 32 of the NT Local Government Act the

Council delegates to the Chief Executive Officer the responsibility for;

Negotiating the transfer of cash from Land Development Corporation to Council equal to the cost to reconstruct Radford Road adjacent to Stage 1 of the Zuccoli Subdivision.

Negotiate with Litchfield Council the transfer of Radford Road to the Litchfield Council initially by exchange of letters and later by an amendment to the Council Municipal Boundary.

Recommending Officer: Mark Spangler, Director of Technical Services

Any queries on this report may be directed to Mark Spangler, Director of Technical Services on telephone (08) 8935 9958 or email [email protected].

Schedule of Attachments:

Attachment A: Correspondence from Land Development Corporation

regarding the upgrade of a section of Radford Road to an Urban Standard.

Attachment B: Correspondence from Land Development Corporation

regarding the upgrade costs.

ATTACHMENT A Minute Book Page 7434

ATTACHMENT B Minute Book Page 7437

minute book page 7414 city of palmerston unconfirmed · gallery: allen bolaffi, audit partner uhy...

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