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
Minute Book Page 7415
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
Moved: Alderman Byrne
Seconded: Alderman Carter
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
Minute Book Page 7416
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
Moved: Alderman Carter
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
Moved: Alderman Carter
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:-
Minute Book Page 7417
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
Seconded: Alderman Carter
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.
Minute Book Page 7418
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
Minute Book Page 7419
10. CONSIDERATION OF MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN
10.1 Notice to Rescind Resolution Number 8/0848
Moved: Alderman Bunker
Seconded: Alderman Carter
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
Seconded: Alderman Carter
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 Page 7420
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
Moved: Alderman Carter
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
Moved: Alderman Byrne
Seconded: Alderman Carter
THAT the emails tabled by Alderman Byrne be received and referred to the
Community, Culture and Environment Committee.
CARRIED 8/1064–06/05/2014
Minute Book Page 7421
16.2 City of Palmerston Tenders Panel
Moved: Alderman Byrne
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
Moved: Alderman Byrne
Seconded: Alderman Bunker
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
Moved: Alderman Byrne
Seconded: Alderman Bunker
THAT Standing Orders be suspended.
CARRIED 8/1068–06/05/2014
Standing Orders were suspended at 7:23pm.
Minute Book Page 7422
Reinstatement of Standing Orders
Moved: Alderman Carter
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 7425
Minutes of Council Meeting
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
Elected Members: His Worship the Mayor Ian Abbott (Chair)
Deputy Mayor Andrew Byrne
Alderman Sue McKinnon
Alderman Geoff Carter
Alderman Heather Malone
Alderman Paul Bunker
Staff: Ricki Bruhn, Chief Executive Officer
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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Unconfirmed
Minute Book Page 7426
Minutes of Council Meeting
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)
Minute Book Page 7427
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
Minute Book Page 7428
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)
$0.100 $0.066 -$0.034 Possible saving of $106 per year
Direct Credit Payment
$0.073 $0.05 -$0.023 Service not used frequently
Direct Debit Payment
$0.073 $0.05 -$0.023 Possible saving of $130 per year
Payroll and Executive payroll payment
$0.073 $0.05 -$0.023 Possible saving of $42 per year
BPAY payment $0.00 $0.20 +$0.20 Service not used
EFTPOS Solution
NAB Escape terminal rental
$27.18 $22.64 -$4.54 Possible saving of $163 per year
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
$0.60 $0.58 -$0.02 Possible saving of $615 per year
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
$0.350 $0.273 -$0.077 Possible saving of $105 per year
Minute Book Page 7429
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
Minute Book Page 7430
Minutes of Council Meeting
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
Elected Members: His Worship the Mayor Ian Abbott (Chair)
Deputy Mayor Andrew Byrne
Alderman Sue McKinnon
Alderman Geoff Carter
Alderman Heather Malone
Alderman Paul Bunker
Alderman Rebecca Forrest
Staff: Ricki Bruhn, Chief Executive Officer
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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Minute Book Page 7431
Minutes of Council Meeting
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)
Minute Book Page 7432
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
Minute Book Page 7433
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.