palmerston town council

CITY OF PALMERSTON

Notice of Council Meeting To be held in Council Chambers, Civic Plaza, Palmerston

On Tuesday, 15 April 2014 at 6:30pm

AGENDA

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

2. APOLOGIES

3. CONFIRMATION OF MINUTES

RECOMMENDATION

1. THAT the minutes of the Council Meeting held Tuesday, 1 April 2014pages 7367 to 7378, be confirmed subject to the following alterations:-

1. Minute Book Page 7371 – That the word “division” be replaced with“decision”:-

Deputy Mayor Byrne called for a division – as a consequence theresult of the above division was set aside.

2. Minute Book Page 7374 – That section 2 of Decision Number8/1011-01/04/2014 be amended as follows:-

THAT Council appoint Alderman Malone to the office of DeputyMayor for the term of 12 months commencing Thursday 10th April2014.

2. THAT the minutes of the Confidential Section of the Council Meeting heldTuesday, 1 April 2014 pages 124 to 126, be confirmed.

4. MAYOR’S REPORT M8-21

5. REPORT OF DELEGATES

6. QUESTIONS (WITHOUT DEBATE) FOR WHICH NOTICE HAS BEEN GIVEN 6.1 Community Consultation 7. QUESTIONS (WITHOUT DEBATE) FOR WHICH NOTICE HAS NOT BEEN

GIVEN

7.1 Birripa Court

In response to the question raised by Alderman Byrne at the Council Meeting held on 1st April 2014 “Did you make the quotes that have been attributed to you in the Letters to the Editor regarding Birripa Court?” – The Mayor provided the following response:-

The only quote that I can ascertain was that “my main concern was to make money for City of Palmerston and residents were collateral damage” I made no such comment. A Feasibility study was presented to council meeting and is therefore a public document. Council has since agreed and signed the NT Government Real Housing for Growth documentation.

7.2 Outdoor TV Screen

In response to the question raised by Alderman Byrne at the Council Meeting held on 1st April 2014 “Why wasn’t that support shown?” – The Mayor provided the following response:- In all media I have supported the decision regarding the TV Screen, I have

always supported the TV Screen concept, in media conversation I have

voiced my concern over “how” the decision was made. That I believe the

decision making process lacked due diligence; being open and

transparency regarding lifelong costs, copyright and sign code implications

and public consultation. Council made a majority vote committing to

Purchase & install a 15m2 TV Screen by open tender and monies come

from surplus in the 13/14 budget.

7.3 Notice of Motion (in relation to item 10.1 meeting held 1st April 2014)

In response to the question raised by Alderman Byrne at the Council Meeting held on 1st April 2014 “Are you prepared to stand behind all comments made on the radio?” – The Mayor provided the following response:-

At the time of discussion on the Radio, there was only a Notice of Motion, this was made available in the public council agenda. I at no point highlighted Elected Members of council. I was speaking when asked to the intention of the Notice of Motion. Yes, I stand behind all comments made on radio.

8. PETITIONS 9. DEPUTATIONS / PRESENTATIONS 9.1 Supermarket customer trolley management

Presentation by Terry Wendelborn, State Regulatory Affairs Manager SA/NT

10. CONSIDERATION OF MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN 11. COMMITTEE RECOMMENDATIONS 11.1 Governance and Organisation THAT the minutes from the Governance and Organisation Committee

meeting held on 10 April 2014 be received and noted. 11.2 Economic Development and Infrastructure

THAT the minutes from the Economic Development and Infrastructure Committee meeting held on 10 April 2014 be received and noted and that Council adopts the recommendations made by the Committee and accordingly resolves as follows:

11.2.1 Tender TS2014/02 – Reseal Various Roads 2013-2014

1. THAT Council award contract TS2014/02 – Reseal Various Roads 2013-2014 to Downer EDI Pty Ltd for the amount of $537,982.75 (GST exclusive).

2. THAT the Mayor and Chief Executive Officer are granted

consent to sign and seal all required contract documentation for the contract TS2014/02 – Reseal Various Roads 2013-2014.

11.2.2 Upgrade of the Pedestrian Activated Traffic Signals – Temple Terrace

THAT the upgrade of the Temple Terrace pedestrian signals

commence at the earliest opportunity and that the required budget adjustments be made at the third quarter budget review.

11.2.3 Pizza Parlour on Lot 2710 (3) Mansfield Street, Palmerston

1. THAT Council organise a survey on Lot 2710 and

surrounding road reserves.

2. THAT Council carry out an internal review surrounding work

on Council land adjacent to Lot 2710.

3. THAT the Chief Executive Officer prepare a letter to the

Chief Executive of the Department of Lands, Planning and the Environment requesting clarification on why the planning act was not adhered to with regards to Pizza Parlour use on Lot 2710.

11.2.4 Closure of Palmerston Circuit

THAT the permanent closure of the section of Palmerston Circuit adjacent to Goyder Square is actioned as part of the upgrade works to be scheduled for The Boulevard.

11.2.5 Motel with ancillary shops and offices in an 8 storey building on Lot 11498 (15) Maluka Drive, Gunn

THAT Attachment A to Report Number EDI/076 be endorsed. 11.2.6 Street naming for Phases 2 and 3 Zuccoli THAT Council endorse the proposed street names for Zuccoli

Stage 1, Phase 2 and Phase 3 subdivision shown in Attachment A to Report Number EDI/077.

11.2.7 Subdivision to create 46 Residential Lots and Public Open

Space on Lot 12087 in Zuccoli THAT Attachment A and Attachment B to Report Number

EDI/078 be endorsed. 11.2.8 Local Area Traffic Management - Lakeview Boulevard,

McPhee Place and Bryant Terrace

THAT Council approve the design attached to Report Number EDI/079 and tenders be called for the construction works.

11.2.9 Design Concept of Goyder Square

THAT an overall design concept of Goyder Square be developed in accordance with the Palmerston City Centre Masterplan.

11.3 Community Culture and Environment

THAT the minutes from the Community Culture and Environment

Committee Meeting held on 2 April 2014 be received and noted and that

Council adopts the recommendations made by the Committee and

accordingly resolves as follows:

11.3.1 Environment and Climate Change CCE/0179

1. THAT Council participate in the Tropical Garden

Spectacular Landscape Olympics with a Council

Mayor/Aldermen Team.

2. THAT Council approve a variation within the existing

Technical Services budget at the third quarter to cover the

professional services required for the Water Monitoring

Program for the Palmerston Lakes.

11.3.2 Request for Access to Archer Waste Transfer

Station from Department of Corrections CCE/0180

THAT Council approve Option 1 in Report CCE/0102, being that

Community Services Work Parties access to Archer Waste

Management Facility be at no cost to Council.

11.3.3 Financial Support – NT Polocrosse Association CCE/0183

THAT Council provide $2,000 sponsorship to the NT Polocrosse Association for the 2014 Australian National Polocrosse Championship.

11.3.4 Financial Support – Top End Remote Control Car Association CCE/0185

THAT Council provide $10,000 grant to the Top End Remote Control Car Association.

12. INFORMATION AGENDA 12.1 Items for Exclusion 12.2 Receipt of Information Reports RECOMMENDATION

THAT the information items contained within the Information Agenda, be received.

12.3 Officer Reports 12.3.1 Action Report 8/0468 12.3.2 LGANT Executive Minutes – 25 March 2014 8/0469 12.3.3 Technical Services Quarterly Report January –

March 2014 8/0472 13. DEBATE AGENDA 13.1 Officer Reports 13.1.1 Financial Report for the month of March 2014 8/0470 13.1.2 Affixation of Common Seal – Agreement for

Administration of Fines and Penalties 8/0471 14. CORRESPONDENCE 15. PUBLIC QUESTION TIME At the invitation of the Chair

16. OTHER BUSINESS – ALDERMAN REPORTS

By-law 14(8) provides that the Chairman must not accept a motion without notice if the effect of the motion would, if carried, be to incur expenditure in excess of $1,000 unless

a) the motion relates to the subject matter of a committee’s or sub committee’s

recommendations (as the case may be, or an officer’s report that is listed for consideration on the business paper; or

b) the matter is urgent

17. CONFIDENTIAL REPORTS

Nil

18. CLOSURE

Ricki Bruhn Chief Executive Officer

Any member of Council who may have a conflict of interest, or a possible conflict of interest in regard to any item of business to be discussed at a Council meeting or a

Committee meeting should declare that conflict of interest to enable Council to manage the conflict and resolve it in accordance with its obligations under the Local

Government Act and its policies regarding the same.

ITEM NO. 4 Mayor's Report

FROM: Ian Abbott JP

REPORT NUMBER: M8-21

MEETING DATE: 15 April 2014

Summary:

My report provides Council with an update on recent meetings or events of interest to Elected Members.

General:

Saturday, 1 March

Attended the Welcome Home Parade for the Darwin Based Australian Defence Force at the Darwin City Centre

Attended the 1st Brigade Welcome Home Parade reception at the Main Hall, Parliament House

Attended the Army Birthday Cocktail Party at the Officers Mess, Robertson Barracks

Sunday, 2 March

Participated in the Clean Up Australia Day at the Palmerston Senior College Oval of Temple Terrace

Monday, 3 March

Meeting with Mayor of Litchfield

Attended the City of Palmerston Bi-Monthly Meeting with DLPE, DoI, DoT and DoE at Council Chambers, Civic Plaza

Tuesday, 4 March

Chaired Council Meeting in Council Chambers

Attended Council Workshop - NT Council Elections in Council Chambers

Wednesday, 5 March

Attended the Community Culture and Environment Committee Meeting in Council Chambers

Thursday, 6 March

Attended the Internal Audit Committee Meeting in Council Chambers

Attended Council Workshop – Budget in Council Chambers

Friday, 7 March

International Womens Day luncheon at the Barbara James House, 9-11 Mirambeena Street, The Gardens

Monday, 10 March

Participated in the Palmerston Seniors Forum 2014 in Council Chambers

Catch up with Alderman Geoff Carter in Mayor’s Office

Tuesday, 11 March

Attended a TOPROC Special Meeting / Workshop - Natasha Griggs MP - Northern Australia at Council Chambers - City of Darwin

Friday, 14 March

Meeting with Palmerston Woolworths in Mayor’s Office in relation to Shopping Trolleys

Attended Years 6-7 School Assembly Good Shepherd Lutheran College, Howard Springs

Attended 2014 Long Lunch The RMHC Charity Fundraiser at the Skicity Beachside Pavillion

Tuesday, 18 March

Attended the Darwin Public Transport Network Meeting at Level 2, Energy House

Catch up with Alderman Sue McKinnon in Mayor’s Office

Chaired Council Meeting in Council Chambers

Wednesday, 19 March

Attended a Meeting with Lord Mayor

Thursday, 20 March

Teleconference Interview with Territory FM Morning Program

Attended Budget Workshop in Council Chambers

Attended Storytime at the Palmerston City Library

Friday, 21 March

Attended the 2014 Season Launch at the Palmerston Rugby Union Clubhouse

Saturday, 22 March

Attended the CDU Anniversary Dinner & Celebrations at the Darwin Convention Centre

Tuesday, 25 March

Meeting with Palmerston Coles in Mayor’s Office

Wednesday, 26 March

Interview with Grassroots ABC Radio Morning Program

Teleconference Interview with Pete Davies Morning Program

JP Service x 1

Thursday, 27 March

Attended Cocktail Party for Air Force 93rd Birthday at the RAAF Base Darwin

RECOMMENDATION

THAT Council receives Report Number M8-21

Recommending Officer:

Any queries on this report may be directed to Ian Abbott on telephone (08) 8935 9911 or email [email protected]

Schedule of Attachments:

Nil

mailto:[email protected]

ITEM NO. 12.3.1 Action Report

FROM: Acting Chief Executive Officer

REPORT NUMBER: 8/0468


Summary:

Provided with this report are individual action items outstanding from previous Council Meetings:

Dec # Task Date Matter Action Update

8/0104 5/06/2012

NT Planning Scheme

Palmerston CBD Masterplan to be incorporated into the NT Planning Scheme.

Parking strategy and traffic assessment to be completed.

8/0617

21/05/2013

Provision of Land at the Water Park for a FINA compliant 50m Pool

That the NTG be approached to enable Council to move forward with plans and costing for a FINA approved 50 metre pool.

Report to be provided to EDI Committee to pursue design and costing for a FINA compliant 50 metre pool. (EDI/0073-10/10/2013)

8/0738

20/08/2013 Yarrawonga Land Proposal

DTS to conduct a feasibility study for a joint development across Lots 9542 & 9543 with the lessee of Lot 9542.

4 options considered at workshop on 12th February 2014. Option 3 being costed.

8/0787

17/09/2013 Real Housing for Growth Project

Design and project management contract awarded to Thinc. Agreement to lease with the CEO Department of Housing has been executed.

Detailed design is underway and due to be completed by 31 May 2014.

Municipal Plan:

4. Governance & Organisation

4.3 People

We value our people, and the culture of our organisation. We are

committed to continuous improvement

8/0847

19/11/2013 TC Zone Land

Discuss with NT Government on acquiring the Tourist Commercial (TC) Zone land – Part Lot 8405

Raised with NTG CEO’s group. CEO to draft letter to Department of Lands. Letter forwarded 23/12/2013.

8/0848

19/11/2013 Proposed Community Room – Civic Plaza

Report 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.

Report to 6 May 2014 Council meeting.

8/0878

11/12/2013 Archer Complex

Council to offer the Palmerston and Rural Reds Baseball Club Marlow Lagoon Sporting Ground as an alternate location.

Meeting being arranged between Baseball, Palmerston Christian School, and Council

8/0879

11/12/2013 Development of Lot 10029 and Part Lot 9608

Expression of Interest for the development of Lot 10029 and Part Lot 9608 be prepared for Council approval.

8/0884

11/12/2013 Childcare Centres

Reports to be prepared on the possible sale of the Gray and Moulden Childcare centres and to include further options for the EDI Committee.

Floor plans have been supplied to the NTG. Report to be prepared.

8/0899

14/01/2014

Expression of Interest – Development of Lot 10024 and Part Lot 9609

An EOI to be brought to Council for the development of Lot 10024 and part Lot 9609 with the purpose being for the provision of public car parking combines with a mixed use development comprising of retail, commercial or residential.

8/0944

18/02/2014 Commercial Infrastructure Workshop

Workshop to be arranged regarding commercial infrastructure on Council Land.

Elected Member Workshop scheduled 15 May 2014

8/0946

18/02/2014 Palmerston Draft Subdivision Guidelines

Draft guidelines to undergo a Level 3 public consultation for a minimum period of six weeks, to include a community / industry forum.

Advertised in NT News on 26 February 2014, consultation period to end on 21 April 2014.

8/0949

18/02/2014 Car Parking Contribution Plan Update

Matter on the table

8/0951

18/02/2014 City of Palmerston Major Events

Matter on the table

8/0964

04/03/2014 Outdoor TV Screen

Open Tender process to be conducted to procure an appropriate screen.

Tender currently being advertised, closing 17 April 2014 at 2pm

8/0976

18/03/2014 Sale of Road Reserve – Miller Court Gunn

Council to offer the portion of the Miller Court Road Reserve to the adjoining property owner.

Completed

8/0976

18/03/2014 Marlow Lagoon Toilet Block

CEO to seek Ministerial dispensation pursuant to Clause 30 (1) (b) of the Local Government (Accounting) Regulations for the requirement to call tenders.

Application to be forwarded to the Department of Local Government.

8/0985

18/03/2014

Pizza Parlour on Lot 2710 (3) Mansfield Street, Palmerston

To be referred to the April EDI Committee

Completed

8/0988

18/03/2014 Elected Member Workshop

Workshop to be organised for Council and Roberts Day Consultants in conjunction with a visit previously organised to finalise the Boulevard Cross Section Design.

Workshop scheduled with Stephen Moore 14 April 2014.

8/1005

01/04/2014 Outdoor TV Screen

Consideration of the TV screen be included in the Goyder Square design plan and a report to be prepared to 6 May Council Meeting.

8/1015

01/04/2014

Create 2 Drainage Easements within the Subdivision of Zuccoli Stage 1, Phase 1

Mayor and CEO to sign and seal the General Consent Form to Create two drainage easements.

Completed

8/1016

01/04/2014 Free to air TV Telecast

Report to be prepared on the possibility of allowing community groups and sporting clubs to hold community events involving the televising of major sporting events on the Goyder Square big screen via free to air television.

Officers preparing report

Financial Implications:

Nil

Legislation / Policy:

Nil

RECOMMENDATION

THAT Council receives Report Number 8/0468.

Recommending Officer: Ricki Bruhn, Chief Executive Officer

Any queries on this report may be directed Ricki Bruhn Chief Executive Officer on telephone (08) 8935 9902 or email [email protected]


Nil

ITEM NO. 12.3.2 LGANT - Executive Minutes – 25 March 2014

FROM: Chief Executive Officer



Summary:

At the General Meeting of LGANT in March 2010, it was agreed that draft minutes of each Executive Meeting be made available for Council’s information.

General:

The LGANT Executive Meeting draft meeting minutes will be sent out approximately on a monthly basis. The draft minutes of the Executive Meeting held Tuesday, 25 March 2014 are attached for information.


Nil

Policy / Legislation:

Nil

RECOMMENDATION



Any queries on this report may be directed to Ricki Bruhn, Chief Executive Officer on telephone (08) 8935 9902 or email [email protected]


Attachment: LGANT Executive Meeting Draft Minutes – 25 March 2014

Municipal Plan:


4.3 People

We value our people, and the culture of our organisation. We are committed to continuous improvement and innovation whilst seeking to reduce the costs of Council services through increased efficiency


LOCAL GOVERNMENT ASSOCIATION OF THE NORTHERN TERRITORY

1

MINUTES OF THE LGANT EXECUTIVE MEETING

HELD ON SATURDAY 25 MARCH 2014 IN THE LGANT OFFICE COMMENCING AT 09.40 AM

1. PERSONS PRESENT AT THE MEETING OR ON THE TELEPHONE

Mayor Damien Ryan President (telephone)

Alderman Helen Galton Vice President – Municipal

Alderman Jeanette Anictomatis Executive – Municipal

Mayor Fay Miller Executive – Municipal (telephone)

Councillor Kaye Thurlow Executive – Regional

President Barb Shaw Executive – Regional (telephone)

IN ATTENDANCE:

Tony Tapsell LGANT CEO

Elaine McLeod Secretariat

2. APOLOGIES FROM MEMBERS WHO WERE ABSENT FROM THE MEETING

Mayor Tony Jack Vice President – Shires

Councillor Norbert Patrick Executive – Shires

RESOLUTION

THAT the Executive approve the applications from members for leave of absence from the meeting. Moved: President Shaw Seconded: Alderman Galton Carried

3. NOTIFICATION OF CONFLICT(S) OF INTERESTS Nil

4. CONFIRMATION OF THE MINUTES OF THE PREVIOUS MEETING

RESOLUTION

THAT the minutes of the previous Executive meetings held on Saturday 22 February 2014 be confirmed as a true and correct record of that meeting. Moved: Alderman Anictomatis Seconded: Mayor Miller Carried 5. ACCEPTANCE OF THE AGENDA AND NOTIFICATION OF GENERAL BUSINESS ITEMS

RESOLUTION THAT the papers as circulated be received for consideration at the meeting. Moved: Councillor Thurlow Seconded: Alderman Anictomatis Carried


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6. DECISIONS THE EXECUTIVE IS BEING ASKED TO MAKE THIS MEETING

6.1 LGANT Financial Reports for 28 February 2014

Recent History This report is made up of: 1. Debtors trial balance and breakup for 28 February 2014 2. Statement of cash flows for 28 February 2014 3. Statement of financial position for 28 February 2014 4. Monthly function report for 28 February 2014 5. Bank statements for 28 February 2014 6 Explanation of ratios 7. List of payments Discussion Members heard that ‘Fees’ on bank statements refers to fees, fund transfers and direct debit payments. The attachment Explanation of Ratios was omitted from the agenda. This will be emailed out to the Executive as soon as possible. RESOLUTION THAT the Executive receive and adopt the financial reports for 22 February 2014. Moved : Mayor Miller Seconded: Councillor Thurlow Carried 6.2 NT Minister’s Advisory Council for Senior Territorians

Recent History Letter from the Minister 27/02/14. Discussion Mayor Fay Miller expressed an interest in this issue and was nominated to the position of observer. Members heard that LGANT has been invited as an observer on the last two committees rather than as a member. Mayor Miller will check with the Minister as to why LGANT was not invited to be a member of these committees. RESOLUTION THAT the Executive approve the nomination of an Executive member to be an observer on the Ministerial Advisory Council for Senior Territorians.

Moved : Alderman Galton Seconded: Alderman Anictomatis Carried


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7. REPORTS ON ACTIONS REQUIRED TO BE DONE FROM THE LAST MEETING

7.1 Waste Management Advisory Committee

Action Taken Letter from the Northern Territory Environment Protection Authority (NT EPA) 22/11/13. Call for nominations 22/11/13. Executive meeting 26/11/13. Executive meeting 10/12/13. Committee Secretariat and all nominees advised 11/12/13. Letter confirming committee members received from NT EPA 19/12/13. Resignation of Chris Daly from the East Arnhem Regional Council 21/1/14. First meeting of the committee 30/1/14. Committee Secretariat and Sharon Hillen advised of her nomination 4/03/14. Future Action Report findings of the committee. Discussion Members noted the report. 7.2 NT Ministerial Advisory Council on Multicultural Affairs

Action Taken Letter from the Minister 3/2/14. Letter to Minister 28/02/14. Future Action Report findings of the committee. Discussion Members noted the report. RESOLUTION THAT the Executive receive and note the reports on actions to be done from the last meeting.

Moved : Mayor Miller Seconded: President Shaw Carried 8. BUSINESS WHICH ONLY REQUIRES THE EXECUTIVE TO RECEIVE AND NOTE

INFORMATION

8.1 2010-2011 Local government National Report

Recent History Letter from General Manager 11/2/2014. Discussion Members noted LGANT’s annual commitment to the report and given it is dated.

RESOLUTION THAT the Executive receive and note the report on the 2010-11 Local Government National Report.

Moved : Alderman Galton Seconded: Councillor Thurlow Carried


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8.2 April 2014 General Meeting Arrangements

Recent History Agenda papers sent to councils 6/3/2014. Discussion Members heard all arrangements are now in place for the General meeting and that there will be four CEOs from NT Government departments attending this meeting. Clare Gardiner-Barnes, CE Department of Transport will be there for the discussion on transfer of local roads and will be happy to answer questions. It was proposed that this item be brought forward to the beginning of the General meeting as she has other commitments to attend to.

The President will be speaking on local government reforms and directions. John Coleman, CE Department of Lands, Planning and the Environment will be speaking and needs to be on early in the program as he has to get back to Darwin for other commitments. It is hoped that a representative from the Commonwealth government will attend to speak on government contracts and Indigenous employment. Allan McGill will be speaking on housing contracts at the CEO Forum. It is important that questions be asked on these issues and the President will mention this in his speech.

RESOLUTION THAT the Executive receive and note the report on the April 2014 general meeting arrangements. Moved : Mayor Miller Seconded: Councillor Thurlow Carried

9. PRESIDENT’S REPORT 10. BUSINESS FROM PREVIOUS MEETING THAT IS NOT YET FINISHED

10.1 Standardisation of Services in Urban Aboriginal Living Areas

Recent History General meeting 11/11/13. NT Department of Community Services is handling this issue. Future Action Follow up with the Department its plans for these areas. Discussion Members noted the report.

10.2 Administration & Legislation Advisory Committee

Recent History General meeting 11/05/12; 11/11/13. ALAC meeting 7/03/14.

Future Action Provide progress reports.

Discussion

Members noted the report.

10.3 Digital Television Switchover

Recent History


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General meeting 11/11/13. LGANT has received notification that the after sales service for the digital TV set top boxes has been below par. Future Action Members asked that LGANT investigate if all councils are having issues with Skybridge (set top box provider and installer) service. If so, members asked that a letter be written to the firm requesting information on its warranty and after sales service policy and commitment. Discussion Members heard that although this is a Federal issue, it needs to be brought to the attention of our Minister at the general meeting so he can work with his Federal counterpart and get an answer for us.

10.4 Rating of Power and Water Corporation Properties

Recent History General meeting 11/11/13.

Future Action Pursue this matter once details of the breakup of the Power and Water Corporation (PWC) become known. Discussion Members heard that it is possible these PWC properties could be rated. It was suggested that Alderman Anictomatis ask this question of the Minister at the General meeting. 10.5 NT Container Deposit Scheme

Recent History General meeting 11/11/13

Future Action No further action required. Discussion Members noted the report. 10.6 National Local Government Cultural Forum

Recent History

General meeting 11/11/13. A report on the meeting of the Forum will be tabled at the meeting.

Future Action

Report on the activities of the Forum. Discussion Members heard that this Forum is made up of local government association members, capital city members, the Australia Council, the Federal Department of Arts, the Cultural Development Network (which does all of the secretariat on behalf of ALGA) and ALGA itself. The CEO will send a report on the National Local Government Cultural Forum to the Executive. The Forum is looking at matters of data collection and how we quantify what local government is doing in the arts area.


6

10.7 Street Lighting

Recent History LGA LGANT response to PWC Managing Director 07/05/13. Project Brief from Trans Tasman Energy Group 21/08/13. CEO Forum 30/08/13. Executive meetings 29/10/13; 26/11/13; 10/12/13; 22/02/14. Meeting with PWC 12/03/14. CEOs from Darwin/Palmerston and Alice Springs to be on the negotiating committee. Discuss costs with the Executive. Future Action Negotiate with PWC its service delivery agreement. Discussion A letter has been sent to the Chief Minister asking for a delay in the introduction of charges to local government until 1/7/2015 and a copy of this letter will be circulated to Mayors, Presidents and CEOs today. Members heard that LGANT has approached councils and asked for their representation on a working committee that can oversee negotiations with the Power and Water Corporation (PWC). This committee will return with a proposal that councils can adopt or reject. The first committee meeting will be held in Katherine on 1 April 2014 to come up with negotiating points to go to the PWC with. The PWC has indicated it would like to meet sometime in May 2014. 10.8 Management and Administration Fees applied to Government Grants

Recent History LGANT paper ‘Sustainability and Partnership’ sent to the Australian Government Indigenous Affairs Forum (AGIAFNT) in February 2012. Reply from NT State Manager FaHCSIA 28/03/13. FRG meeting 18/04/13. Executive meetings 01/10/13; 29/10/13; 26/11/13. Letter to Allan McGill 27/11/13.

Future Action Revisit paper with a view to editing it. Discussion Members heard that Allan McGill will talk about this issue at the CEO Forum meeting, and it will also be included in the Finance Reference Group meeting.

10.9 Transfer of Local Roads from the NT Government to Local Government

Recent History

Executive meetings 29/10/13; 26/11/13; 10/12/13; 22/02/14. Reply from Department of Transport 15/01/14. EITRG 7/03/2014 Department of Infrastructure presented. Future Action Attend the first meeting of the partnership board. Discussion This issue is on the agenda for the General meeting. It is hoped that councils will do more work on this as there are key questions that need to be resolved.

10.10 2012 Report on Local Government Elections

Recent History

Letter was not sent as CEO collected the report on 5/12/2013. Executive meeting 10/12/13; 22/02/14.

Future Action The revised submission will be forwarded to Executive members separately.


7

Discussion Members heard that some responses to the submission have been received from councils. The revised submission will be sent out to members. The Department has asked for a meeting on 7 April 2014 to go through all submissions. 10.11 Regional Governance and Structural Reform

Recent History Media release from the Minister for Local Government. Executive meetings 01/10/13; 29/10/13; 26/11/13; 10/12/13. Letter to CM 27/11/13.

Future Action Follow up on any matters arising from the general meeting next month.

Discussion Members noted the report.

10.12 Review of Valuation of Land Act

Recent History

Executive meetings 01/10/13; 29/10/13; 26/11/13; 10/12/13. The Valuer-General, John Love advised the CEO that the matter will go before the NT Cabinet early in the new year. He also said a new Act would probably not be in place until December 2014.

Future Action Continue to determine the status of this legislation.

Discussion Members noted the report. 10.13 Lease Arrangements for Units 3,4&5

Recent History

Executive meetings 20/08/13; 01/10/13; 29/10/13; 10/12/13. Building certification finalised.

Colliers have actively been showing clients units 4&5 but have stated the market is slow at present. Prospective tenant for Unit 4 has a lease with anticipated sign off by the end of Feb 2014. Price Waterhouse Coopers – Indigenous consulting business has taken a lease on Unit 4 for 2 years with a 2 year option. They will be fitting out the office in the coming months in consultation with LGANT to ensure certification. Part of the fit out will be to change the carpet to LGANT specifications at their expense.

Future Action Price Waterhouse Coopers – Indigenous consulting business has taken a lease on Unit 4 for 2 years with a 2 year option. They will be fitting out the office in the coming months in consultation with LGANT to ensure certification. Part of the fit out will be to change the carpet to LGANT specifications at their expense.


10.14 Public Library Funding Agreement

Recent History Letter from Minister Conlan 19/07/13. Executive meetings 01/10/13; 29/10/13; 26/11/13; 10/12/13. The new Director of Northern Territory Library, Patrick Gregory will be presenting to CEOs on 2 April 2014.

Future Action Provide a report for the next Executive meeting.

Discussion


8

Members heard that Patrick Gregory, Director of Northern Territory Library is talking to the CEO Forum next week. There will be a report on this at the next Executive meeting. It was suggested that a representative from the Municipal Association of Victoria ring in to the next Executive meeting and outline what it does in its State to get more funding. It was also suggested that Patrick Gregory be invited to speak again at the LGANT Annual General Meeting later this year.

10.15 Statutory Immunity for Road Authorities in the NT

Recent History Letter to Attorney General 20/09/12. Follow up letter to Attorney General 28/02/13. Acknowledgement of letter 04/03/13. Reply from Attorney General 02/04/13. Executive meetings 01/10/13; 29/10/13; 26/11/13; 10/12/13. Email from Lee Williams 13/06/13 and 13/9/13. Advice from Attorney-General is that the Department is aiming for the March 2014 Parliamentary sittings for introduction of legislation. Legal advice received on proposed changes.

Future Action Continue to monitor the status of this proposal.

Discussion Members noted the report. 10.16 Workers Rehabilitation and Compensation Act

Recent History Executive meetings 01/10/13; 29/10/13; 26/11/13; 10/12/13. Preliminary report will be on the WorkSafe website for public comment at the time of this meeting.

Future Action Continue to monitor the status of this proposal.

Discussion Members noted the report. 10.17 Evaluation of the Roads to Recovery Program

Recent History

Letter from the Australian Government Department of Infrastructure and Transport 23/07/13. Evaluation by teleconference with consultants 21/08/13. Executive meetings 29/10/13; 26/11/13; 10/12/13; 22/02/14.

Future Action Awaiting new guidelines and administrative notes.

Discussion Members noted the report. 10.18 Indigenous Training and Jobs Review

Recent History Coordination of a submission due on 31/12/13. Executive meeting 10/12/13.

Future Action

Report yet to be released by Australian Government. Prepare update to Executive when released.



9

10.19 2014/2015 LGANT Budget Submission

Recent History

Sentence removed and submission sent to NTG Ministers. Reply to President of Coomalie Council 03/12/13. Executive meeting 10/12/13. Reply received from Minister for Local Government 10/1/14. Future Action Provide a report to the Executive after the NTG budget has been brought down.

Discussion


10.20 Nominations for the LGANT Disability Champion for Local Government

Recent History

Committee Secretariat and nominee advised to ALGA on 11/12/13. Letter from the ALGA President. ALGA advised again of the nominee 13/2/14.

Future Action Obtain a report for the 2014 annual general meeting of LGANT.

Discussion


10.21 Proposed Amendments to the Local Government Act

Recent History

Executive meeting 22/02/14.

Future Action Report progress with amendments.

Discussion


RESOLUTION THAT the Executive receive and note the reports on business from previous meetings that is not yet finished. Moved: Alderman Galton Seconded: President Shaw Carried 12. BUSINESS NOT YET FINISHED BUT INACTIVE

Discussion

Members accepted the business not yet finished but inactive.

RESOLUTION THAT the Executive accept the business not yet finished but inactive. Moved : Mayor Miller Seconded: Alderman Galton Carried 13. MEMBERS QUESTIONS – Nil


10

14. GENERAL BUSINESS

Members heard that a letter has been received from John Coleman, CE Department of Lands, Planning and the Environment about uniform subdivision guidelines. Mr Coleman will speak on this matter at the General meeting and what the Government’s intentions are around land development and subdivisions in particular.

The CEO has sent out a paper to the Executive that was received from ALGA on the lessons learned from the referendum. A response needs to be provided to ALGA towards the end of April. There will be a business paper done on this for the next Executive meeting.

The CEO is to prepare questions for Executive members to ask at the General meeting. The following members were nominated to ask a question:

Alderman Anictomatis – 10.4 Rating of Power and Water Corporation Properties

Mayor Miller – 10.7 Street Lighting

Councillor Thurlow – 10.9 Transfer of Local Roads from the NT Government to Local Government

President Shaw – 10.18 Indigenous Training and Jobs Review

It was decided that the Mayors and Presidents Forum commence at 12 noon instead of 11am.

15. COMPLETED BUSINESS

RESOLUTION THAT the Executive approve the removal of items of completed business from the agenda for the next meeting. Moved : Alderman Anictomatis Seconded: Alderman Galton Carried 16. CONFIDENTIAL BUSINESS - NIL

17. NEXT MEETING

The next meeting of the LGANT Executive will be on 15 April 2014 at 9:30am in the LGANT Boardroom.

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 11:40 am.

ITEM NO. 12.3.3 Technical Services Quarterly Report January –

March 2014

FROM: Acting Director Technical Services



Summary:

This report summarises outcomes in the key activities undertaken by Council’s Technical Services Department during the January to March 2014 quarter.

General:

Council’s Technical Services Department reports on key activities relating to the Management Plan outcomes on a quarterly basis. Key Activities and Issues During the quarter activities of interest and works undertaken included:

Contract TS2013/10 Goyder Square Redevelopment Stage 1 was awarded to Ciarla Constructions on 15th January 2014.

On Sunday 2nd March staff participated in Clean Up Australia Day.

Contract TS2014/01 – Domestic Kerbside Waste Collection was awarded to Transpacific Cleanaway Pty Ltd on 20th March 2014. Contract will commence from 3rd July 2014.

Workshops held with Elected Members During the quarter the following workshops were held with the Elected Members:

Council owned property development in the CBD

Annual fees and charges

Regional Waste Governance Models (Morrison Low)

NT Land Use Plan & Lots 9542, 9543 Yarrawonga Depot

Municipal Plan:

1. Community & Cultural Wellbeing 2. Economic Development 3. Environment & Infrastructure


1. COMMUNITY & CULTURAL WELLBEING

1.2 Safe Communities

Animal Management/Regulatory Services

Work Description

Outcome (Quantity)

Unit Comment

Customer Complaints

Response to customer complaints Animals

328 Number of Customer Action Requests completed

320 - Animal related

Customer Complaints

Response to customer complaints Public places.

136 Number of Customer Action Requests completed

71 -Vehicle related 65 - Other By-laws

Enforcement By-laws. Traffic Regulations

Infringement notices Parking, Public Places

715 Number of Parking and Public places infringement notices issued

697 - Parking 18 - Public Places

Enforcement Animal Management By-laws

Infringement notices Animals

62 Number of Animal Management infringement notices issued

25 – At large 4 – Attack 30 – Unregistered 3 – Nuisance

Enforcement Traffic Regulations

Abandoned Vehicles

34 Number of Vehicles removed

22 – Removed by owner 12 – Removed by Council

Registration Compliance

Dog registrations for 2012/13

5557 Number of dogs registered by end of second quarter

3470 – De-Sexed animals 1868 – Entire animals registered by end of second quarter

Pound Operations

Dogs impounded

218 Number of dogs impounded

151 - Released to owner 57 – Euthanized 10 – Rehomed

0

10

20

30

40

50

60

70

80

2012 2013 2014

January

February

March

Street Lighting

Light audits throughout the municipality are carried out approximately every six weeks. Lights were inspected once during the quarter and the results are as follows:

Number of Lights Found not to be Operational after Audits

Year January February March

2012 68 - 56

2013 65 - 73

2014 - 56 -

1.4 Recreation

Walking and Cycling Infrastructure

13.20m2 of concrete footpaths and cycle paths were replaced in Marlow Lagoon Reserve.

873.59m2 of concrete footpaths and cycle paths were replaced along road reserves in various locations within the Palmerston municipal.

15.48m2 of asphalt footpaths were replaced in Livistonia Park.

Parks, Gardens and Playgrounds

A total of 31 open space/park inspections were carried out during the reporting period (in addition to contract landscape maintenance personnel reporting

observations).

103 locations were visited by staff to inspect areas for compliance under the current contract arrangements in regard to mowing activities.

20 safety inspections were undertaken by staff on play equipment (in addition

to contracted playground maintenance service).

79 requests were received from residents to inspect trees throughout the municipality.

131 locations required tree works to be undertaken.

6 Customer Action Requests and numerous phone call were received regarding irrigation.

A total of 67 audit sites and 66 repair sites were carried out on irrigation systems during the reporting period.

Streetscapes and Open Spaces

Street tree hazard reduction pruning was undertaken in Marlow Lagoon Recreation area.

Street tree pruning program was carried out in the following suburbs: Gray Bakewell Bellamack Johnston

Kerbing and drainage works were completed in Marlow Lagoon Recreation area.

$25,000 of the Capital Works Program budget was spent on replacement park seating in various locations.

3. ENVIRONMENT & INFRASTRUCTURE

The following developments/constructions occurred during the reporting period.

Date Received PA Number Lot No. Address Development Description Development Type Value

8/01/14 PA2013/0465 Lot 4250 512 Stuart Highway, Johnston 35m high telecommunications tower with associated antennas and equipment shelter Telecomm Tower $0

10/01/14 PA2013/0991 Lot 1445 12 Fletcher Circuit, Driver Verandah addition to existing single dwelling with reduced side setbacks Verandah $15,900

10/01/14 PA2013/1001 Lot 11137 8 Angel Road, Johnston Unit title schemes subdivision to create three units and common property UTS $0

10/01/14 PA2013/1009 Lot 1219 15 Temple Terrace, Palmerston Additions to existing shopping centre including the construction of an upper level for offices, and the reconfiguration of shops at ground level Shopping Centre $6,000,000

10/01/14 PA2013/1028 Lot 8070 89 Farrar Boulevard, Farrar 13 x 2 and 1 x 3 bedroom multiple dwellings in 5 single storey buildings MD $2,900,000

10/01/14 PA2013/1027 Lot 8357 100 Farrar Boulevard, Farrar 20 x 2 and 3 x 3 bedroom multiple dwellings in 7 single storey buildings MD $3,800,000

10/01/14 PA2013/1016 Lot 7554 26 Macadam Place, Gunn Carport addition to existing single dwelling with reduced front setback MD $17,851

10/01/14 PA2013/1019 Lot 12087 Zuccoli Subdivision to create 1 lot Subdivision $0

10/01/14 PA2014/0006 Lot 7765, 7766, 11037 5, 11, 15 Yarrawonga Road, Yarrawonga Earthworks and onsite stormwater detention works Earthworks $3,000,000

10/01/14 PA2014/0002 Lot 10974, Lot 11248 Farrar Boulevard, Johnston Changes to DP13/0805 to alter the site layout to develop 6x2 and 5x3 bedroom multiple dwellings in 4x2 storey buildings MD $2,200,000

10/01/14 PA2013/1023 Lot 8570 30 McCourt Road, Yarrawonga Changes to DP13/0603 for the purpose of a transport terminal with over night drivers accommodation Transport Terminal $1,800,000

10/01/14 PA2013/1012 Lot 11738 270 Radford Road, Zuccoli Subdivision to create 79 lots Subdivision $0

17/01/14 PA2014/0032 Lot 10974, Lot 11283 23 Camm Street, Johnston 2 x 4 bedroom multiple dwellings in 2 x 2 storey buildings MD $550,000

17/01/14 PA2014/0013 Lot 10974, Lot 11288 8 Camm Street, Johnston 8 x 2 bedroom and 6 x 3 bedroom in 4 x 2 storey buildings MD $2,800,000

17/01/14 PA2014/0016 Lot 11544 4 Kypreos Court, Rosebery Unit title scheme subdivision to create 10 units and common property UTS $9,000

17/01/14 PA2014/0008 Unit 11046 121 Flynn Circuit, Unit 6, Bellamack Verandah addition to an existing multiple dwelling (unit 6) Verandah $16,000

17/01/14 PA201//0421 Lot 11022 270 Lambrick Avenue, Zuccoli Variation to subdivision to 143 lots Changes to Stage Boundaries $0

17/01/14 PA2013/0838 Lot 11940 17 Trewren Street, Durack 2 x 4 bedroom multiple dwellings in 2 x 2 storey buildings MD $550,000

17/01/14 PA2013/0839 Lot 11942 7 Ambon Street, Durack 2 x 4 bedroom multiple dwellings in 2 x 2 storey buildings MD $550,000

24/01/14 PA2014/0046 Lot 5976 10 Temple Terrace, Palmerston City Extension to an existing licensed club Licensed Club $100,000

24/01/14 PA2014/0058 Lot 10974 Farrar Boulevard, Johnston Single dwelling with reduced front setback SD $325,000

24/01/14 PA2014/0054 Lot 1573 34 Davoren Circuit, Moulden Garage with reduced front setback Garage $35,000

29/01/14 PA2014/0051 Section 5545 26 McKinnon Road, Pinelands Subdivision to create 2 lots Subdivision $0

30/01/14 PA2014/0073 Lot 1489 7 Rolyat Street, Palmerston Change of use office to medical clinic Change of Use $240,000

30/01/14 PA2014/0072 Lot 3419 14 Alidade Crescent, Woodroffe Shed addition to a single dwelling with a reduced side setback Shed $6,810

31/01/14 PA2014/0074 Lot 3112 17 Betelgeuse Court, Woodroffe Shed addition to single dwelling with reduced side and rear setback Shed $5,000

31/01/14 PA2014/0064 Lot 9679 27 Fish River Way, Gunn Carport with a reduced side setback Carport $3,500

31/01/14 PA2014/0038 Lot 4223 27 Yarrawonga Road, Yarrawonga Rezone from Zone FD (Future Development) to Zone LI (Light Industry) Rezoning $0

7/02/14 PA2014/0079 Lot 9635, Lot 10025 and Lot 1002615 The Boulevard, 5 and 1 Palmerston Circuit, PalmerstonSubdivision and consolidation of three lots to create 2 lots Subdivision & Consolidation $20,000

7/02/14 PA2014/0086 Lot 10281 127 Flynn Circuit, Bellamack Subdivision to create 2 lots Subdivision 15000

7/02/14 PA2014/0080 Lot 8827 47 Kenbi Place, Rosebery Additions to an existing single dwelling with reduced front and side setbacks Additions to SD $25,000

8/02/14 PA2014/0082 Lot 8072 92 Farrar Boulevard, Farrar Unit title schemes subdivision to create two units and common property UTS $8,000

13/02/14 PA2014/0090 Lot 10576 7 Eulalie Street, Bellamack Unit title scheme subdivision to create 2 units and common property UTS $0

13/02/14 PA2014/0092 Lot 10558 7 Damascene Crescent, Bellamack Unit title scheme subdivision to create two units and common property UTS $0

14/02/14 PA2014/0103 Lot 11666 12 Warbird Street, Zuccoli 3 x 3 bedroom multiple dwellings in a two storey building MD $972,000

17/02/14 PA2014/0111 Lot 11201 26 Angel Road, Johnston 82 x 2 bedroom and 4 x 3 bedroom single storey multiple dwellings and recreational facilities MD $19,000,000

24/02/14 PA2013/0976 Lot 11231 24 Freeman Street, Johnston Shed with reduced front setback Shed $7,000

24/02/14 PA2014/0109 Lot 11126 8 Hodge Street, Johnston 3 x 3 bedroom multiple dwellings in a single storey building MD $90,000

24/02/14 PA2014/0110 Lot 8673 41 McCourt Road, Yarrawonga Showroom x 2 with Offices and Restaurant Showroom/Office/Restaurant $2,800,000

24/02/14 PA2014/0112 Lot 11888 29 Packard Avenue, Durack Subdivision to create 2 Lots Subdivision $50,000

28/02/14 PA2014/0135 Lot 3085 28 Zenith Circuit, Woodroffe Verandah addition to an existing single dwelling with a reduced side setback Verandah $30,000

28/02/14 PA2014/0129 Section 5849 65 Tivendale Road, Berrimah Proposed general industry (new gantry/crane structure) General Industry $485,000

28/02/14 PA2014/0148 Lot 10974, Lot 11258 235 Farrar Boulevard, Johnston 3 x 3-bedroom multiple dwellings in a single storey building MD $780,000

28/02/14 PA2014/0156 Lot 21 14 Palmerston Circuit, Palmerston Change of use of tenancy 6 to a medical clinic (dental surgery) Change of Use $0

28/02/14 PA2014/0121 Lot 9636 6 Wright Crescent, Gray Additions of a verandah to an existing multiple dwelling with a reduced side setback (Unit 14) Verandah $12,000

7/03/14 PA2014/0167 Lot 8558 20 McCourt Road, Yarrawonga Change of Use to Light Industry Change of Use $5,000

7/03/14 PA2014/0150 Lot 4258, Lot 4259, Lot 430215 Durack Drive, 40 Channel Island Road, 240 Elrundie Avenue, ArcherSubdivision and consolidation create 1 lot Subdivision & Consolidation $310,000

14/03/14 PA2014/0188 Lot 11498 15 Maluka Drive, Gunn Motel with ancillary shops and offices in an 8 storey building Motel $50,000,000

17/03/14 PA2014/0187 Lot 1120, Lot 11947 Packard Avenue and Roystonea Avenue, DurackChanges to DP13/0466A for the purpose of amendments to lot layout and road network and to include the addition of 3 new lots Subdivision $20,000

17/03/14 PA2014/0192 Lot 12087 Zuccoli Subdivision to create 46 residential lots and public open space Subdivision $8,000,000

21/03/14 PA2014/0193 Lot 12087 Zuccoli Temporary storage of fill Fill $20,000

TOTAL $107,573,061

3.1 Environmental Sustainability

Council submitted their response to the Australian Government Emissions Reduction Fund Green Paper on 16th January 2014.

Director Technical Services and the Environment/Climate Change Strategic Planner officer met with the CEO National Office Greening Australia Inc. and Dr.Greg Leach, Greening Australia NT regarding an opportunity of a site at Archer.

A successful Clean Up Australia Day occurred on Sunday 2nd March along Temple Terrace. The event was sponsored by Bunnings and URBEX.

Arrangements have been made with Tropical Garden Spectacular to have a Council team participate in the Landscape Olympics on 31st May 2014.

New criteria inclusions was accepted by CDU and Council for the City of Palmerston Conservation and Land Management Scholarship, semester 2.

Keep Australia Beautiful and Technical Services have agreed on arrangements to work together on the first Palmerston ‘The Big Waste Day Out’ which will be held on 20 August 2014. Sponsorship of $600 and the use of the Recreation Centre for the event have been approved by Community Services.

Proposal for a staff based Green Committee has gone to Manex.

Invitation has gone and been accepted by Costa Georgiadis, Host ABC Gardening Australia. Costa will come to Palmerston and the Environment/Climate Change Strategic Planner officer has arranged for a visit to Palmerston Christian School and the Community Garden. This will occur on Monday 2nd June 2014, time still to be confirmed.

3.2 Assets and Infrastructure

Roads

788 potholes were fixed, costing 18% of the road maintenance budget. 480

of these potholes were done on Yarrawonga and Wallaby Holtze Road and

67 at the Archer Waste Transfer Station.

A total of 4 sink holes in Moulden, Bakewell and Woodroffe were inspected

and repaired, costing 3% of the road maintenance budget.

The following pavement maintenance works occurred costing 4% of the road maintenance budget:

19.8m2 at 60 Georgina Crescent, Yarrawonga. 23.75m2 at the roundabout of William Street, Bauldry Avenue,

Bowrey Crescent Farrar and in front of 13 Savage Close Farrar. 21.75m2 along Temple Terrace. 10.34m2 in front of 2, 4 & 14 Blackmore Court Gunn and 15

Davenport Court Gunn.

Guide post was installed at Campfire Court, Marlow Lagoon.

Line Marking

Installation of a 35m double barrier line, 7.5m stop line and 8 raised reflective pavements markers were completed at the Terry Drive and Lakeview Boulevard intersection, costing 2% of the line marking maintenance budget.

Signage

78 signs in various areas in Palmerston were removed/replaced/straightened/installed, costing 15.8% sign maintenance budget.

83 vandalised signs in various areas in Palmerston were replaced/straightened/install, costing 29% of sign vandalism maintenance budget.

8 Safety House signs in various locations within Palmerston were installed/removed/replaced.

28 old ‘Road to Recovery’ signs within the Palmerston Municipality were removed.

2 new ‘Road Recovery signs along Temple Terrace were installed, costing 2% of the sign maintenance budget.

A new Stop sign, Advance T Junction sign, Stop Ahead sign and End Chevron sign with a new spike and post has been installed on Terry Drive Gunn. Costing 3% of the sign maintenance budget.

Fencing

Installation and maintenance repairs completed on the following fencing panels, costing 3% of the fencing maintenance budget:

Overflow carpark, The Boulevard (near Hogs Breath Café) Rennie Court Moulden (laneway between houses 5 & 6) Palmerston Aquatic Lifestyle Centre Moulden

14 Bollards in various locations within Palmerston were installed/reinstated, costing 8% of the bollards and fencing maintenance budget.

Pathways

Pressure cleaning of footpaths in Durack, Allumar Park (Gray) and Woodroffe drain between Betelgeuse Court and Broadarrow Circuit was completed.

Laneways

96 laneways in various suburbs has been swept and cleaned once. Driveways

38 new driveways have been constructed in various locations within the municipal.

12 damaged driveways have been replaced.

9 permits were issued to construct new driveways and work on council reserves.

89 Driveway pre-approvals were issued. Stormwater Infrastructure

A total amount of 14 stormwater connections were issued.

14 SEP lid/lintel was replaced/reinstated in various areas in Palmerston, costing 1.5% of the stormwater maintenance budget.

Various grates, drains and drain inlets have been cleaned out, costing 1.6% of the stormwater maintenance budget.

Cleaning of drains using a root cutter and hydro blast was completed in the suburbs of Moulden, Marlow Lagoon, Woodroffe, Gunn and Driver. Costing 18.5% of the stormwater maintenance budget.

Excavation and construction was completed on a new earthen drain in front of 28 Catalina Road Marlow Lagoon, costing 0.5% of the stormwater maintenance budget.

The securing, strapping and installation of safety bars was completed on 19 different drains at various locations within the Palmerston municipal. Costing 3% of the stormwater maintenance budget.

Street Sweeping

91.8km of street sweeping of minor roads has been completed in 11 suburbs.

31.2km of road sweeping of sub arterial roads has been completed.

Once a week the entire area of the CBD has been swept, this will continue throughout the year.

Council Buildings and Facilities All sites –

1 audit per month for fire services was completed during this reporting period.

1 audit per month for air conditioning works was completed during this reporting period.

Aquatic Centre –

Carpet in the karate room has been replaced.

Pump 2 for the swimming pool has been replaced.

Quotations have been sought to repair the shade structure posts.

Civic Plaza –

Damaged ceiling components have been replaced in Chambers.

Roof leaks in Chambers and the kitchen have been repaired. Driver Resource Centre –

Vandalised glass panel at the front has been replaced.

Zip tap assembly in the kitchen has been replaced. Gray Community Hall –

Quotations have been sought to replace the ceiling.

Weeds at the front of the hall have been removed and the garden has been tidied up.

New cupboards have been installed in the store room.

Construction of the shade structure has commenced. Scallywags Child Care Centre –

Shrubs and weeds in front of the building have been removed.

Air conditioning unit for the main hall has been replaced. Gray Child Care Centre –

Faulty air conditioning unit has been replaced.

Roof leaks and the leaking gutter have been repaired. Recreation Centre –

Sealing of stadium flooring and tidying up of power points has been completed.

Council Depot –

Exterior of sheds 1 to 4 have been painted.

All the fuses in the external switchboards which were damaged by water have been replaced.

0

200

400

600

800

1000

1200

2012 2013 2014

643

955

1163

Jan - Mar

3.3 Waste Kerbside Waste Collection and Recycling

1926.6 tonnes of domestic waste was recorded.

442.3 tonnes of recyclable waste was recorded.

There were 97 requests for new bin services, 40 stolen bins and 257 damaged bins. Hard and Green Waste Facilities

Breakup recorded

12.48 tonnes of paper/cardboard. 150.46 tonnes of steel/metal. 14.2 tonnes of batteries. 0.12 tonnes of aluminium cans. 24 bins (240L) of clear glass. 21 bins (240L) of brown glass. 14 bins (240L) of green glass. 18 bins (240L) of plastic containers. 14 bins (240L) of small electronics. 4000 litres of oil. 197 litres of paint.

Green Waste

Breakup recorded 512.5m3 of mulch was sold during the reporting period.

GOVERNANCE & ORGANISATION

4.1 Service

Customer Service Standards A total of 1163 requests/complaints were received within Technical Services and recorded in Authority throughout the reporting period. These figures do not include all

general phone call enquiries received by staff or requests/complaints recorded in InfoXpert.

Total Number of Customer Action Requests Recorded January to March 2014

0

100

200

300

400

500

600

700

800

900

1000

2011-12 2012-13 2013-14

499

937 910

Jan - Mar

Total Number of Instructions to Contractors issued January to March 2014

4.2 People Technical Services Human Resources and Workforce Development

Number of staff members who are currently undertaking work related study.

One staff member completed 1 of 4 modules of the Senior Executive MBA through Melbourne Business School.

Number of staff who attended training and what course.

One staff member undertook a 3 day Workzone Traffic Management Course in February 2014.

Number of staff members employed/resigned during the period. Nothing to report


Nil

Legislation / Policy:

Nil

RECOMMENDATION


Recommending Officer: Jeetendra Dahal, Acting Director Technical Services.

Any queries on this report may be directed to Jeetendra Dahal, Acting Director Technical Services on telephone (08) 8935 9952 or email [email protected].


Nil


ITEM NO. 13.1.1 Financial Report for the month of March 2014

FROM: Director of Corporate and Community Services



Summary:

Financial Report for the month of March 2014.

Background:

The Local Government (Accounting) Regulations, prescribes that: 18 Financial reports to council

(1) The CEO must, in each month, lay before a meeting of the council a report, in a form approved by the council, setting out: (a) the actual income and expenditure of the council for the period from

the commencement of the financial year up to the end of the previous month;

(b) the forecast income and expenditure for the whole of the financial year.

(2) The report must include: (a) Details of all cash and investments held by the council (including

money held in trust); (b) a statement on the debts owed to the council including the aggregate

amount owed under each category with a general indication of the age of the debts;

(c) other information required by the council. If a council does not hold a meeting in a particular month, the report is to be laid before the council committee performing the council’s financial functions for the particular month.

General:

Financial Officers provide year to date financial information for the month ended 31 March 2014.

Municipal Plan:


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


Nil

RECOMMENDATION


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].


Attachment: Financial Management Report – March 2014

ITEM NO. 13.1.2 Affixation of Common Seal – Agreement for

Administration of Fines and Penalties

FROM: Chief Executive Officer



Summary:

This report is to present and to renew the proposed agreement between the City of Palmerston and the Fines Recovery Unit (FRU). The 2011 Agreement for Administration of Fines and Penalties expired on 3 April 2014.

Background:

The Territory and City of Palmerston signed an agreement for the administration of Council penalty enforcement orders and fine enforcement orders in relation to infringement notices through the Department of Justice Fines Recovery Unit. The agreement is now due for renewal. The City of Palmerston received a letter from the FRU advising that a service fee will be implemented, please refer to Attachment A. No further changes have been made to the 2011 agreement.

General:

Council is requested to authorise the Mayor and Chief Executive Officer to sign the document under common seal.


The services fees are unknown at present, FRU will be in contact to negotiate a fee basis that will be acceptable to both parties.

Municipal Plan:

2. Economic Development

2.3 City Planning

We are committed to effective and responsible city planning which balances and meets both residential and commercial needs in our community

RECOMMENDATION

1. THAT Council receives Report Number 8/0471.

2. THAT the Mayor and Chief Executive Officer be authorised to sign under seal

all relevant documents relating to the Agreement for Administration of Fines and Penalties.


Any queries on this report may be directed to Ricki Bruhn, Chief Executive Officer on telephone (08) 8935 9902 or email [email protected].


Attachment A: Letter in relation to commencement of charging Attachment B: Proposed Agreement

NOES!;HE

Torn, cryGovernm4En*

I, . FA. \ F ^., I

THE ATTORN G NER

Mr Ricki BruhnChief Executive Officer

Palmerston City CouncilCivic Plaza, First Floor2 Chung Wah TerracePALMERSTON NT 0831

AND us

Dear Mr Bruhn

RE SUBJECT- FINES RECOVERYUNITSERV CES

The Fines Recovery Unit (FRU) currently provides enforcement services forPalmerston City Councilinfringements under an agreement entered into by bothparties.

\^/n go

Old Admiralty Towers

68 The Esplanade, Daiwin NT 0800Postal address GPO Box 1722

Darwin NT 0801

Tel 08 8935 7400

Fax 08 8935 7414

Currently the FRU does not charge a service fee. We are advising that we intend tocommence charging a service fee. Under section 7 of the agreement we arerequired to advise you six months prior to implementing a service fee. Our currentagreement is due to expire in April 2014.

At this point in time a transaction fee is currently being deducted from moniesremitted to the Council by the Territory at a rate of 1.8% pertransaction. This fee isalso being reviewed as this no longer reflects the costs to the FRU for receipting ofmonies from third party agencies including Australia Post, National Australia Bankand Centrelink.

Officers from the FRU will be in contact with you over the next few months tonegotiate a fee basis that will be acceptable to both parties.

In the interim, if you have any queries, please contact Caroline Pendlebury of theFRU on 89243602.

Yours sincerely

Greg ShariahanChief Executive

I, ,, December 20.3

ATTACHMENT A

NORTHERN TERRITORY OF AUSTRALIA

AGREEMENT FOR ADMINISTRATION OF FINES AND PENALTIES

THIS AGREEMENT is made the day of 2014

BETWEEN:

The NORTHERN TERRITORY OF AUSTRALIA care of the Department of the Attorney General and Justice of GPO Box 1722, DARWIN in the Northern Territory of Australia (“the Territory”);

AND:

The CITY OF PALMERSTON (ABN 42 050 176 900) of GPO Box 1, PALMERSTON in the Northern Territory of Australia (“the Council”).

BACKGROUND

A. On 3 April 2008, the Territory and the Council signed an Agreement for the Administration of Fines and Penalties (the “2008 Agreement”).

B. Under the 2008 Agreement, the Territory, through its Fines Recovery Unit, has administered Council penalty enforcement orders and fine enforcement orders in relation to infringement notices, based on electronic data records provided by the Council.

C. The 2013 Agreement expired on 3 April 2014.

D. The Council and the Territory wish to continue the arrangements for the administration of Council fines and penalties established under the 2013 Agreement, in accordance with the terms and conditions set out in this Agreement.

NOW THIS AGREEMENT WITNESSES as follows:

1. Interpretation

In this Agreement, unless the contrary intention appears:

(a) “Act” means the Fines and Penalties (Recovery) Act 2001 and includes the Fines and Penalties (Recovery) Regulations;

(b) “Agreement” means this agreement and any Schedule attached hereto;

(c) “data” means the information necessary for administration of those fines and penalties the Council wishes to engage the Fines Recovery Unit to administer pursuant to this Agreement;

(d) “Director of Technical Services” means the person appointed to act as the Council’s Director of Technical Services and includes his or her delegate;

ATTACHMENT B

2

(e) “Director of the Fines Recovery Unit” means the person appointed to be the Director of the Fines Recovery Unit and includes his or her delegate;

(f) “Electronic Data Transfer” means the upload of the data from the Council to the Territory’s Mainframe IJIS system and the production of transaction reports;

(g) “infringement notice” means an infringement notice as defined in section 9 of the Act;

(h) “fine” bears the meaning given to it under section 6 of the Act;

(i) “fine enforcement order” means a fine enforcement order as defined in section 49 of the Act;

(j) “Fines Recovery Unit” means the Fines Recovery Unit established under section 27 of the Act;

(k) “IJIS” means the Integrated Justice Information System mainframe used by the Territory;

(l) “penalty” bears the meaning given to it under section 6 of the Act;

(m) “penalty enforcement order” means a penalty enforcement order as defined in section 36 of the Act;

(n) “transaction report” means an electronic listing of penalty enforcement orders and fine enforcement orders processed by the Fines Recovery Unit; and

(o) “exception report” means an electronic listing of mismatched enforcement records rejected during the Electronic Data Transfer.

2. Term

This Agreement will commence upon signing by both parties and continue in force for a period of three (3) years, unless terminated earlier in accordance with its terms.

3. Electronic Data Transfer

3.1 The data will primarily be provided to the Fines Recovery Unit by way of scheduled Electronic Data Transfers.

3.2 The Electronic Data Transfers will commence commence on a date to be agreed between the parties.

3.3 Once commenced, the Electronic Data Transfer will occur in accordance with the following schedule:

(a) Tuesdays and Fridays before 1.00 pm;

(b) if Monday or Tuesday is a public holiday there will be no Electronic Data Transfer until the following Friday;

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(c) if Friday is a public holiday there will be no Electronic Data Transfer until the following Monday;

(d) in the event that an Electronic Data Transfer is not completed the Council will contact the Fines Recovery Unit to make arrangements for the Electronic Data Transfer to be done at a mutually convenient time; and

(e) the Council will contact a nominated Fines Recovery Unit officer to advise when an Electronic Data Transfer has been completed.

3.4 Upon the successful completion of an Electronic Data Transfer where the data has been uploaded from the Council to the Territory mainframe the following will occur:

(a) an exception report will be produced containing the successful and unsuccessful results of the Electronic Data Transfer; and

(b) a transaction report will be produced which will list the penalty enforcement orders and the fine enforcement orders administered by the Fines Recovery Unit.

3.5 In the event of a technical problem which prevents an Electronic Data Transfer from being successful, the parties agree that the transfer of manual data will be permitted.

3.6 The parties acknowledge that certain file and record requirements are required in order for the IJIS system to successfully interface with the Council’s data upon the Electronic Data Transfer occurring.

4. Establishment and Maintenance Costs

In the event that the Territory’s IJIS Mainframe system or other systems of the Territory or the Fines Recovery Unit require maintenance or upgrade due to an act done by the Council, the Council will pay all costs associated with such maintenance or upgrade if and when requested by the Fines Recovery Unit.

5. Administration of Penalty Enforcement Orders

5.1 The Council agrees that the Fines Recovery Unit will administer penalty enforcement orders based on the data.

5.2 The parties agree that penalty enforcement orders shall be administered by the Fines Recovery Unit subject to the following conditions:

(a) applications made by the Council for penalty enforcement orders shall be made in accordance with Part 5 Division 2 of the Act;

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(b) any money recovered by the Fines Recovery Unit resulting from the administration of penalty enforcement orders will be remitted to the Council in accordance with the distribution priorities set out in Section 113 of the Act;

(c) the Director of the Fines Recovery Unit shall manage the administration of penalty enforcement orders in the manner that he/she deems appropriate in accordance with the provisions of the Act;

(d) the Director of the Fines Recovery Unit may write off fines and penalties in accordance with Sections 96 and 114 of the Act and advise the Council accordingly;

(e) at the request of the Director of Technical Services, the Director of the Fines Recovery Unit must provide to the Council a copy of the guidelines established pursuant to sections 96 and 114 of the Act relating to the exercise of the functions of the Fines Recovery Unit and the Fines Recovery Unit undertakes to advise the Council’s Director of Technical Services of any amendments made to those guidelines; and

(f) the Council may withdraw an application for the administration of a penalty enforcement order by written request to the Fines Recovery Unit. Written requests may be submitted by electronic mail.

6. Administration of Fine Enforcement Orders

6.1 The Council agrees that the Fines Recovery Unit will administer fine enforcement orders based on the data.

6.2 The parties agree that fine enforcement orders shall be administered by the Fines Recovery Unit subject to the following conditions:

(a) the Fines Recovery Unit shall administer fine enforcement orders in accordance with Part 5 Division 4 of the Act;

(b) money collected by the Fines Recovery Unit as a result of the administration of fine enforcement orders shall be payable to the Territory unless otherwise directed by a Court (eg Enforcement Costs) and remitted to the Council;

(c) where a Court directs that money collected from a fine enforcement order be paid to the Council the Fines Recovery Unit will disburse monies in accordance with Section 113 of the Act; and

(d) the Director of the Fines Recovery Unit reserves the right to manage fine enforcement orders in the manner that he/she deems appropriate in accordance with the provisions of the Act.

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7. Fees and Charges

7.1 The parties acknowledge that pursuant to Section 115 of the Act the Fines Recovery Unit may charge a service fee for recovering money payable under an infringement notice (“Service Fee”).

7.2 The Service Fee at commencement of this Agreement is nil however the Fines Recovery Unit have advised the Council by notice in writing that it will be charging a Services Fee within the period of this agreement.

7.3 Once the Fines Recovery Unit advises the amount of the Service Fee and this is accepted in writing by the Council, the parties agree that:

(a) any Service Fees owed to the Fines Recovery Unit will be deducted from moneys remitted to the Council in accordance with this Agreement;

(b) the Service Fee will be adjusted at the beginning of each year that this Agreement remains in force in accordance with the Consumer Price Index as current at the time of adjustment.

7.4 The Council acknowledges that:

(a) Australia Post, Westpac and Centrelink receive payments for fines and penalties as agents for the Fines Recovery Unit and charge a transaction fee of 2.5% (exclusive of GST) of the value of each payment received (the “Transaction Fees”);

(b) the Council will bear the cost of Transaction Fees; and

(c) the Transaction Fees will be deducted from moneys remitted to the Council by the Territory in accordance with this Agreement.

8. Goods and Services Tax

8.1 For the purposes of this Clause unless the context otherwise requires:

(a) "GST" means any tax imposed on Supply by or through the New Tax System (Goods and Services Tax) Act 1999 ("the Act") and any related Tax Imposition Act and "New Tax System Changes" has the meaning it bears in the New Tax System (Trade Practices Amendment) Act 1999 ("the TPA"). Where any other term is used in this clause which is defined in the Act or the TPA it shall have the meaning which it bears in the Act, or (if the term is not defined in the Act) then the meaning which it bears in the TPA;

(b) “GST Rate” means the percentage amount of GST payable determined under section 9-70 of the Act as amended from time to time; and

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(c) "Input Tax Credit", "Recipient", "Supplier" and "Supply" have the meaning they bear in the Act.

8.2 The parties acknowledge that the consideration under this Agreement is exclusive of GST, where GST is calculated using the GST Rate at the time of forming this Contract.

8.3 The Supplier shall provide the Recipient with a tax invoice and/or adjustment notes in relation to the Supply prior to an amount being paid by the Recipient under this Agreement and shall do all things reasonably necessary to assist the Recipient to enable it to claim and obtain any Input Tax Credit available to it in respect of a Supply.

9. Responsibilities of the Fines Recovery Unit

The parties agree that whilst this Agreement remains in force the Fines Recovery Unit shall:

(a) provide the Council staff with a direct access phone line for Council enquires and/or assistance;

(b) provide the Council with pamphlets, brochures and posters regarding the new fines and penalties enforcement administration, when available;

(c) provide the Council staff with an information session regarding any changes to fine and penalty enforcement procedures;

(d) direct any queries relating to Council infringement notices that have yet to be transferred to the Fines Recovery Unit, to the Council;

(e) advise the Council staff of infringements withdrawn/annulled and when community work orders are undertaken;

(f) provide the Council with a monthly report listing the progress of the enforcement of Council infringements (the “Activity Report”). Each Activity Report shall indicate for each fine or penalty being enforced whether it has been, paid, partly paid or still outstanding;

(g) ensure that all remittances of money received on behalf of Council are transferred to Council on no greater than a monthly basis, with appropriate identification to allow reconciliation of monies received against fines and penalties issued;

(h) upon the receipt of data from an Electronic Data Transfer, use its best endeavours to:

(i) match the data with its records; and

(ii) post the penalty enforcement order and/or fine enforcement order to the relevant client;

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within two (2) business days of receipt of the data, except where a manual data transfer has occurred in accordance with clause 3.5 in which case this sub-clause shall not apply; and

(i) ensure that at all times the Fines Recovery Unit fulfils its obligations under this Agreement with the highest degree of care and skill, and in accordance with the principles of best practice for a government department.

10. Responsibilities of the Council

10.1 The parties agree that whilst this Agreement remains in force, the following shall apply:

(a) Council staff shall not be required to make any decisions or give advice with regard to fine or penalty enforcement procedures and all persons subject to fine or penalty enforcement procedures who contact the Council shall be referred to the Fines Recovery Unit;

(b) notwithstanding sub-clause (a) where a person subject to a fine or penalty enforcement procedure contacts the Council, Council staff shall give that person the relevant infringement number or IJIS Case number to assist the person and the Fines Recovery Unit;

(c) where the exception report shows that mismatches occurred during the Electronic Data Transfer, the Council staff shall take responsibility for following up the mismatching detailed in the exception report;

(d) the Council shall advise the Fines Recovery Unit of new infringement notice information in order to minimise errors in the Electronic Data Transfer;

(e) an authorised officer of the Council may withdraw a Council infringement notice in accordance with the procedure for withdrawing a courtesy letter set out in section 20 of the Act;

(f) if a person applies to the Fines Recovery Unit for annulment of a fine or penalty, the Council, upon a request from the Fines Recovery Unit, shall provide the Fines Recovery Unit with the documentation necessary to process such an annulment; and

(g) the Council will at all times fuflil its obligations under this Agreement with the highest degree of care and skill, and in accordance with the principles of best practice of local government.

10.2 Where the administration of a fine enforcement order and/or a penalty enforcement order involves court proceedings, the Council

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will bear all costs for such court proceedings including, without limitation, costs associated with:

(a) fine enforcement orders and/or penalty enforcement orders that come before the Court of Summary Jurisdiction pursuant to sections 45 and 46 of the Act; and

(b) civil enforcements pursuant to Part 5, Division 8 of the Act.

11. Management of Agreement

11.1 Both parties acknowledge that this Agreement requires ongoing review and management and that representatives of the Fines Recovery Unit and the Council will meet regularly to discuss and review this Agreement.

11.2 If required, the Director of the Fines Recovery Unit and the Director of Technical Services of the Council will establish a user group who will meet to discuss the services provided under this Agreement (the “User Group”).

11.3 Both parties to this Agreement shall use their best endeavours to implement any changes agreed to the process for management of this Agreement.

11.4 Either party may terminate this Agreement by giving four (4) weeks notice in writing to the other party.

12. Dispute Resolution

12.1 In the event that the Director of the Fines Recovery Unit, and the Director of Technical Services are unable to resolve any issue arising from this Agreement or from the operation of this Agreement, the issue will be referred to the Chief Executive Officer of the Department of Justice and the Chief Executive Officer of the City of Palmerston.

12.2 In the event that the Chief Executive Officer of the Department of Justice and the Chief Executive Officer of the City of Palmerston fail to reach agreement on the issue in dispute within 10 days of referral of the matter, the parties may agree to the identity of an independent expert to determine the issue, and in the event of a failure to agree the same within five Business Days of one party nominating an independent expert, then either or both of the parties may refer the matter to the President of the Law Society of the Northern Territory who shall nominate an independent expert to determine the matter or thing in dispute.

12.3 The decision of the independent expert shall be absolute and final and shall bind the parties accordingly and this Agreement shall be deemed to be amended to incorporate the terms of the independent expert's decision.

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12.4. The independent expert shall be deemed to be acting in making any decision as an expert and not an arbitrator.

12.5. The parties shall bear the costs of such a determination equally.

12.6. The parties shall make available to the independent expert all materials requested by it and shall furnish it with all other materials which are relevant to the determination.

13. Opportunities for improvement

13.1 A review of this Agreement will be undertaken annually by the Director of the Fines Recovery Unit in consultation with the Director of Technical Services.

13.2 Each party to this Agreement will notify the other party of any matter that may lead to an improvement to the arrangements between the parties.

13.3 Any complaint that may arise in relation to the Fines Recovery Unit under this Agreement shall be reported in writing to the Director of the Fines Recovery Unit.

13.4 Any complaint that may arise in relation to the Council under this Agreement shall be reported in writing to the Director of Technical Services.

14. Confidential Information

The parties agree to treat the data provided under this Agreement as private and confidential and shall take all reasonable steps to keep the data private and confidential.

15. Notices

15.1 All notices required or permitted to be given under this Agreement must be in writing and served:

(a) personally;

(b) by prepaid certified post; or

(c) by facsimile transmission, at the address of the party set out below or at such other address as the party may give in written notice to the other.

15.2 A notice is deemed to be given by the sender and received by the addressee, if:

(a) delivered personally, when delivered to the addressee;

(b) sent by mail, on the second business day from and including the date of posting; or

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(c) sent by facsimile, on receipt of complete and correct transmission report by the sender and if received by the addressee before 4:00pm on a business day on that day otherwise it is deemed to be received at 9:00am on the next following business day in the place of receipt.

15.3 For the purposes of Agreement the address for service of each party is as follows:

The Territory The Director Fines Recovery Unit GPO Box 1218 DARWIN NT 0801 Telephone: (08) 8924 3602 Facsimile: (08) 8924 3636 The Council The Director of Technical Services City of Palmerston PO Box 1 PALMERSTON NT 0831 Telephone: (08) 8935 9922 Facsimile: (08) 8935 9900

15.4 All communications other than notices made in connection with this Agreement may be by electronic mail or as otherwise agreed between the parties. For the purposes of this clause the email address of each party is as follows:

Fines Recovery Unit

[email protected]

Council

[email protected]

16. Variation of Agreement

Any amendment or variation to this Agreement must be made in writing and signed by both parties.

17. Applicable Law

The parties hereby agree that this Agreement will be governed by and construed in accordance with the laws of the Northern Territory of Australia.

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18. Entire Agreement

This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes any previous agreements or understandings.

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EXECUTED by the parties as an Agreement.

SIGNED by ____________________ ) for and on behalf of the NORTHERN ) TERRITORY OF AUSTRALIA ) …………………………………. pursuant to a delegation under the ) Signature Contracts Act in the presence of: ) ......................................................... Singature of Witness …………………………………………. Name of the Witness

The COMMON SEAL of the CITY OF ) PALMERSTON is hereunto affixed ) in pursuance of a resolution of the ) Council and in accordance with the ) Local Government Act in the presence ) of:

........................................................ Signature of Witness

…………………………………………. Name of the Witness

NORTHERN TERRITORY OF AUSTRALIA

(“the Territory”)

AND:

CITY OF PALMERSTON

(“the Council”)

AGREEMENT FOR ADMINISTRATION OF

FINES AND PENALTIES

Solicitor for the Northern Territory Old Admiralty Towers 68 The Esplanade DARWIN NT 0800 Telephone: (08) 8935 7803 Facsimile: (08) 8935 7810 Ref: 20110637 13 July 2011

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