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Final Minutes

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Final Minutes FINAL MINUTES 11 December 2013 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 Table of Contents Folio Date Particulars 31045 11.12.2013 Ordinary Meeting Minutes 31121 11.12.2013 Report of Financial Year End Results for 2012/2013 31126 11/12/2013 Equitable Access Policy 31130 11/12/2013 Neighbourhood Centre and Youth Programs Policy 31132 21/11/2013 Minutes - Cultural Diversity Advisory Committee 31136 02/12/2013 Minutes - RADF 2013/2014 Round 2 Assessment Meeting Declaration of Potential Conflict of Interest Item 9.2 - Crs Bonanno, Perkins & Walker MIN/11.12.2013 FOLIO 31044 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs C J Bonanno, L G Bonaventura, A N Jones, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary). The meeting commenced at 10.02 am. 2. ABSENT ON COUNCIL BUSINESS: Nil 3. APOLOGIES: Crs K J Casey, F A Gilbert and G J Martin 4. CONDOLENCES: Nil 5. CONFIRMATION OF MINUTES: 5.1 ORDINARY MEETING MINUTES 4 DECEMBER 2013 THAT the Ordinary Meeting Minutes held on 4 December 2013 be confirmed. Moved Cr Bonanno Seconded Cr Jones CARRIED 6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING: Nil MIN/11.12.2013 FOLIO 31045 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 7. MAYORAL MINUTES: Nil 8. CORRESPONDENCE AND OFFICERS’ REPORTS: 8.1 DELEGATED AUTHORITY TO CHIEF EXECUTIVE OFFICER DURING CHRISTMAS CLOSURE PERIOD Author Chief Executive Officer Purpose To present to Council for approval temporary delegation to the Chief Executive Officer or Acting Chief Executive Officer to award large sized contractual arrangements, as defined under section 224 (3) of the Local Government Regulation 2012, during Councils Christmas break period. Background/Discussion At Councils meeting of 6 November 2013 Council resolved: THAT: The Mackay Regional Council Client Service Centres close to the public at 4.30 pm on Friday, 20 December 2013 and reopen at 8.30 am on Monday, 6 January 2014. Council's last Ordinary Meeting for 2013 be held on Wednesday 11 December 2013. Council's first Ordinary Meeting for 2014 be held on Wednesday 29 January 2014. To ensure that tenders are awarded for critical civil construction contracts, delegated authority is required to be provided to the Chief Executive Officer or Acting Chief Executive Officer during the Christmas closure period. Delegated authority shall include the following listed tenders which are either currently advertised or under evaluation. A number of these tenders are for works subject to the NDRRA funding requirements which are required to be completed by 30 June 2014. Contract Description Number MRC 2013-090 Flood Saturation – Unsealed restoration works MRC 2014-006 Milton and Graffunder Street Rehabilitation MRC 2014-012 Midge Point Road Rehabilitation (NDRRA works) MRC 2014-026 Edward Lloyd Park construction MRC 2014-029 Slade Point Stormwater Insitu lining MIN/11.12.2013 FOLIO 31046 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 Consultation and Communication Strategy Leadership and Performance Team, Manager Civil Projects, Manager Infrastructure Delivery and Manager Procurement and Plant. Resource Implications There are no direct resource implications. Risk Management Implications The provision of the temporary delegated authority does not represent and increased risk to Council due to the continuance of normal tendering and reporting requirements to the Strategy and Leadership Performance Team. Conclusion Approval is sought for Council to delegate authority to the Chief Executive Officer or Acting Chief Executive Officer for the awarding of large sized contracts during the Christmas shutdown period. Officer's Recommendation THAT Council delegate the authority to the Chief Executive Officer or Acting Chief Executive Officer to award large sized contractual arrangements, as defined under section 224 (3) of the Local Government Regulation 2012, during Councils Christmas break period, being Thursday 12 December 2013 to Tuesday 28 January 2014. Council Resolution THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Perkins CARRIED 8.2 AUTHORISED PERSONS - INSTRUMENTS OF APPOINTMENT File No Instruments of Appointment Author Manager Governance & Assets Purpose To appoint relevant staff as council delegates/authorised persons/officers/inspectors in carrying out their duties in compliance with applicable local laws, subordinate local laws and other legislation requirements. MIN/11.12.2013 FOLIO 31047 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 Background/Discussion Over the past six months governance has been reviewing council's delegations in line with the legislative changes and in accordance with the chief executive officers "Road Map to Organisational Excellence". Council employees are appointed as a council delegate/authorised person/authorised officer/inspector pursuant to various pieces of State legislation. In many instances, the State legislation confers the power of appointment on council in its capacity as a Local Government. Also council's local laws provide for the appointment of authorised persons and this power may be delegated by the chief executive officer. In order for Council's delegate/authorised person/officer/inspector to undertake their duties, this power must be delegated to them from the Chief Executive Officer. Section 257 of the Local Government Act 2009 allows Council to delegate to the chief executive officer the power to appoint an authorised person/authorised officer/inspector pursuant to various state legislation and local laws of Council. Consultation and Communication Chief executive officer Directors Management Team Governance Resource Implications The review has been undertaken in house and no additional expense has been incurred. Risk Management Implications The risk is considered to be a low risk as the adoption of the resolution will ensure Council complies with relevant legislative requirements. Conclusion It is recommended that Council delegate to the Chief Executive Officer, in accordance with Section 257 of the Local Government Act 2009, the power to appoint appropriate staff as Council delegates/authorised persons/officers/inspectors under Council's Local Laws and other relevant legislation. MIN/11.12.2013 FOLIO 31048 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 Officer's Recommendation THAT in accordance with Section 257 of the Local Government Act 2009 Council delegates to the Chief Executive Officer the power to appoint: 1. Council delegates/authorised persons/officers/inspectors to exercise one (1) or more or all of the powers given to that delegate/authorised person/officer/inspector pursuant to relevant sections of the following legislation; (i) Water Supply (Safety and Reliability) Act 2008; (ii) Public Health (Infection Control and Personal Appearance Services) Act 2003; (iii) Environmental Protection Act 1994; (iv) Land Protection (Pest & Stock Route Management) Act 2002; (v) Food Act 2006; (vi) Public Health Act 2005; (vii) Animal Management (Cats and Dogs) Act 2008; (viii) State Penalties Enforcement Act 1999; (ix) Building Act 1975; (x) Sustainable Planning Act 2009; (xi) Transport Operations (Road use management) Act 1995; (xii) Body Corporate & Community titles Act 1997; (xiii) Water Act 2000; (xiv) Waste Reduction and Recycling Act 2011; (xv) Coastal Management and Protection Act 1995; 2. Local government workers of Council to exercise the powers of a local government worker under the Local Government Act 2009, chapter 5, part 2; and 3. Inspectors under section 107 of the Plumbing and Drainage Act 2002 to exercise one (1) or more or all of the powers given to an inspector pursuant to the Plumbing and Drainage Act 2002; and 4. One (1) or more rehabilitation and return to work coordinators pursuant to section 226 of the Workers’ Compensation and Rehabilitation Act 2003; and 5. One (1) or more workplace health and safety officers for the purposes of section 156 of the Work Health and Safety Act 2011. 6. Authorised Persons of council to exercise one (1) or more or all of the powers given to an authorised person pursuant to Council's Local Laws and Subordinate Local Laws. Council Resolution THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Morgan CARRIED MIN/11.12.2013 FOLIO 31049 FINAL MINUTES WEDNESDAY 11 DECEMBER 2013 8.3 REPORT OF FINANCIAL YEAR END RESULT FOR 2012/2013 Author Acting Director Organisational Services Purpose To present the 2012/2013 financial year end result. Background/Discussion Following the adoption of the 2012/2013 Annual Report and Financial Statements, the result for the financial year should be brought to account. The financial statements have been presented to the Audit Advisory Committee and the Minutes of that committee meeting presented to Council. Council has received an unqualified auditor’s opinion which states that the financial report presents a true and fair view of the financial performance and cashflow of Council. The final audit report raised just three issues which were assigned a medium risk rating, and are being addressed through ongoing system improvements. Year End Financial Position by Fund General Fund (excluding NDRRA) Operating Revenue is approximately eleven per cent (11%) above budget mainly due to rates and utility charges, sales and recoverable works, operating grants and subsidies, fees and charges and interest earned being
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