final minutes - mackay council · final minutes wednesday 16 may 2012 min/16.05.2012 folio 21359...

FINAL MINUTES

16 May 2012

FINAL MINUTES WEDNESDAY 16 MAY 2012

MIN/16.05.2012 FOLIO 21358

Table of Contents

Folio Date Particulars 21359 16.05.2012 Post Election Meeting Minutes 21369 16.05.2012 Reimbursement of Expenses and Provisions of Facilities for

Councillors

Declaration of Potential Conflict of Interest

Nil.


MIN/16.05.2012 FOLIO 21359

POST ELECTION MEETING MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, 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 P Franks (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.00 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Nil

4. CONDOLENCES:

Nil

5. WELCOME:

Her Worship the Mayor Cr Deirdre Comerford welcomed all present. She congratulated all of the newly elected Councillors and stated that she looked forward to working with them over the next four (4) years.


MIN/16.05.2012 FOLIO 21360

6. CORRESPONDENCE AND OFFICERS’ REPORTS:

6.1 ELECTION OF DEPUTY MAYOR

Author Chief Executive Officer

Purpose

To appoint a Deputy Mayor from within the elected Councillors.

Background/Discussion

Council is required to appoint a Deputy Mayor from its Councillors, by resolution, at its first meeting after the conclusion of each of its quadrennial elections.

Consultation and Communication

Elected Councillor Representatives.

Resource Implications

Funds have been allocated to remunerate the position of Mayor, Deputy Mayor and Councillors in its current budgets.

Risk Management Implications

N/A

Conclusion

Councillors appoint a Deputy Mayor in accordance with the Local Government Act 2009.

Officer's Recommendation

THAT Councillors appoint a Deputy Mayor in accordance with the Local Government Act 2009.

Council Resolution

THAT Councillors appoint Cr Kevin Casey as Deputy Mayor in accordance with the Local Government Act 2009 for the first two (2) years of this term.

Moved Cr Perkins Seconded Cr Jones

CARRIED


MIN/16.05.2012 FOLIO 21361

6.2 MEETING ARRANGEMENTS


Purpose

To decide on the day and times of Council's Ordinary Meetings.


The Local Government Act 2009 requires that each Local Government holds an Ordinary Meeting at the times and places it decides, provided that it meets at least once in each month. For reference, the Council in its last term held its Ordinary Meeting at 10.00am on the first, second, third and fourth Wednesday of each month.


As per the Local Government Act.


The Mackay Regional Council Budget will provide for sufficient funds to resource each Council Meeting. Relevant senior Council staff will be made available to support this process.

Conclusion

That Council's Ordinary Meetings be held at 10.00am on the first, second, third and fourth Wednesday of each month at the Mackay Regional Council Chambers, Sir Albert Abbot Administration Building, Gordon Street, Mackay.


THAT Council's Ordinary Meetings be held at 10.00am on the first, second, third and fourth Wednesday of each month at the Mackay Regional Council Chambers, Sir Albert Abbot Administration Building, Gordon Street, Mackay.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Walker

CARRIED


MIN/16.05.2012 FOLIO 21362

6.3 COUNCIL PORTFOLIOS AND COMMITTEES ESTABLISHMENT


Purpose

To consider the appointment of Committees for the term of Council.


The Local Government Act 2009 provides that Local Governments may:

a. appoint, from its Councillors, Standing Committees or Special Committees; and b. appoint Advisory Committees; and c. fix the quorum of each Committee; and d. appoint a Chairperson of each Committee

For reference, the Council in its previous term allocated Councillors individual portfolios. It also established a number of Advisory Committees and appointed Councillors to a number of other Committees. At this point in time, it may be prudent for Council to convene a workshop to review the ongoing requirements and structure of the previous range, composition and terms of reference for the portfolios and committees.


Refer Local Government Act 2009.


As determined.


N/A.

Conclusion

Council to convene a workshop to consider the type and numbers of Portfolios and Committees considered necessary for service delivery.


THAT Council to convene a workshop to consider the type and numbers of Portfolios and Committees considered necessary for service delivery.


MIN/16.05.2012 FOLIO 21363

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Steindl Seconded Cr Gilbert

CARRIED

6.4 REIMBURSEMENT OF EXPENSES AND PROVISION OF FACILITIES FOR COUNCILLORS


Purpose

To adopt a Reimbursement Policy for Councillors.


Council is required to adopt a Reimbursement of Expenses and Provision of Facilities for Councillors Policy. Council in its previous term adopted a policy, however it is appropriate that the in-coming Council review this policy and adopt it again. After discussion with the Mayor and other staff, a number of minor changes have been proposed. The two changes worthy of mention are:

The type of vehicle to be allocated to the Mayor. The proposal is to move away from a specific type of vehicle and rather, use a vehicle to provide a maximum value below which, a suitable vehicle may be purchased.

The other change relates to the provision of mobile phones and the proposal is to

provide Councillors with reimbursement to enable them to purchase a suitable contract with a service provider rather than providing them with a Council mobile phone.


Inter-departments have been consulted, as well as discussions held with the Mayor who has subsequently discussed the matter with Councillors.


All potential costs as proposed by this policy can be catered for in the current budget.


MIN/16.05.2012 FOLIO 21364


From an organisational perspective, the only change is a transfer of the risk of damage or loss of mobile phones from the organisation to the individual Councillors.

Conclusion

The proposed policy as attached, is in accordance with the guidelines and can be catered for in the current budget.


THAT Council adopt the Expenses and Reimbursement Policy as attached. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Jones

CARRIED

6.5 SUPERANNUATION FOR COUNCILLORS


Purpose

To consider the provision of superannuation benefits for Councillors.


The Local Government Act 2009 makes provision for the payment by Council of superannuation contributions to an approved fund which complies with the provision of the Superannuation Industry (Supervision) Act 1993 and associated Acts and Regulations. Additionally, this provision allows only for maximum contributions which do not exceed 12% of the remuneration paid to a Councillor or the proportion of contribution paid by Council to the Local Government Superannuation Scheme for its standard permanent employees. In this case, Councillors will be required to themselves contribute 6% (so that the proportion of employer to employee contributions is the same as for officers). This support is voluntary and there is no compulsion on a Councillor to participate. However, if Council unanimously resolves to elect under S446-5 of Schedule 1 to the Taxation Administration Act 1953 to be treated as PAYE taxpayers, income tax instalments will be


MIN/16.05.2012 FOLIO 21365

deducted from Councillors remuneration payments and non case remuneration is subject to fringe benefit tax. Council would then be compelled to make the minimum mandatory employer contributions. This however would limit the ability of Councillors to claim any tax deductions in respect of personal superannuation contribution unless their Council income is less than 10% of their total in case.


Local Government Act 2009.


Provision made in the current budget for approved contributions.


Nil.

Conclusion

Council provides funding to cover the superannuation benefits with the recommendation that Councillors have the option to participate.


THAT Council contribute up to a maximum of 12% superannuation contribution to superannuation funds/schemes complying with the Commonwealth Superannuation Legislation for elected members who wish to participate.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Bonanno

CARRIED


MIN/16.05.2012 FOLIO 21366

6.6 NOMINATION FOR LGAQ ASSOCIATION'S EXECUTIVE DISTRICT REPRESENTATIVE 2012-2016


Purpose

To recommend Mackay Regional Council's nomination for the position of Executive District Representative 2012-2016 to the Local Government Association of Queensland (LGAQ).


Councils within an Electoral District are entitled to nominate candidates for election from amongst elected members of the Councils within their District for a term of four (4) years. The Mackay Regional Council is included in District No 7 which incorporates the Local Government areas of Mackay, Isaac and Whitsunday. Nominations close at 5.00pm on Friday, 1 June 2012. The primary responsibility of an Executive Representative is to LGAQ members as a whole. In fulfilling this responsibility, an Executive Representative should, where appropriate, have regard to the interests of all stakeholders, both internal and external. An Executive Representative requires an extensive knowledge of and connection to local government related issues. It is expected that an Executive Representative will develop an appreciation of the scope, policy and activities of the Association. The key roles of an Executive Representative can be broadly defined as:

Representing the overall interests of local government6 within Queensland Representing each district's interests on the Policy Executive Assisting in relationships between councils at a district and regional level.

Member Councils have the right to nominate a person who meets the following criteria: (1) A person is qualified to become and remain an Executive Representative on the Policy

Executive only if: (a) that person is and remains a councillor of a Member; and or (b) that person was, immediately before a Quadrennial Election held in the past

ninety days, a councillor or a Member; and (c) subject to Rule 5.2(4), that person has not been convicted of a disqualifying

offence as defined in the Industrial Relations Act 1999.

(2) A person holding office as an Executive Representative vacates that office immediately upon:

(a) his or her resigning as a councillor of a Member prior to a Quadrennial Election; or

(b) ninety days having passed since a Quadrennial Election after which he or she ceased to be a councillor or a member; or


MIN/16.05.2012 FOLIO 21367

(c) the Council of which he or she is a councillor ceasing to be included in the District in which he or she was elected to represent; or

(d) the conclusion of the third consecutive Policy Executive meeting that the Executive Representative has failed to attend, without the Policy Executive's leave.

(3) A person convicted of a disqualifying offence as defined in the Industrial Relations Act

1999 may be qualified to become and remain an Executive Representative if the circumstances contained in section 517 of the Industrial Relations Act 1999 apply.

(4) A person holding office as an Executive Representative ceases to hold office 28 days

after that person is convicted of a disqualifying offence as defined in the Industrial Relations Act 1999 unless the person makes a successful leave application in accordance with sections 518-523 of the Industrial Relations Act 1999.


Mayor, Councillors and Chief Executive Officer


LGAQ provides remuneration for this role.


NIL

Conclusion

Mackay Regional Council to consider if it wishes to nominate a candidate to represent District No 7 on the LGAQ District Executive.


THAT Council nominate a Councillor to represent District No 7 on the Local Government Association of Queensland Inc's District Executive.

Council Resolution

THAT Council nominate the Mayor Cr Comerford to represent District No 7 on the Local Government Association of Queensland Inc's District Executive.

Moved Cr Gilbert Seconded Cr Casey

CARRIED

7. MEETING CLOSURE

The meeting closed at 10.07 am.


MIN/16.05.2012 FOLIO 21368

Confirmed on Wednesday 6 June 2012

……………………………………… MAYOR


MIN/16.05.2012 FOLIO 21369

APPENDIX / ATTACHMENTS


MIN/16.05.2012 FOLIO 21370


MIN/16.05.2012 FOLIO 21371


MIN/16.05.2012 FOLIO 21372


MIN/16.05.2012 FOLIO 21373


MIN/16.05.2012 FOLIO 21374


MIN/16.05.2012 FOLIO 21375


MIN/16.05.2012 FOLIO 21376


MIN/16.05.2012 FOLIO 21377


MIN/16.05.2012 FOLIO 21378

final minutes - mackay council · final minutes wednesday 16 may 2012 min/16.05.2012 folio 21359...

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