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PAGE 100 Group) attended on site. On close of tender only one Tender submission was received from QMC Group within the tender period. No late submissions were received.
A review of parties who downloaded the tender documentation from the web site indicated limited potential alternative contractor interest from that list of contractors.
EVALUATION PROCESS
Although only one tender was received this tender was individually scored by the tender panel members for each of the adopted evaluation criteria. A panel meeting was convened to combine the individual scores, conducted under the supervision of the nominated Council Probity Officer.
Evaluation Criteria adopted are as follows:
Compliance of the submissions with all requirements of the Request for Tender
Value for money
Demonstrated capability to deliver the requested goods and services (including experience, qualifications, resources proposed, sub-contracting, past performance and similar projects completed)
Demonstrated time management (including proposed program and key milestone dates)
On the basis of commercial confidentiality, further details of the tendered price and score for the tender have been forwarded to the Councillors under separate cover.
The budget allocated for this project is $250,000 and having completed the detailed designs, that estimate was considered low and a revised estimate of $400,000 was identified. It was intended to adjust the budget once the tender process concluded but the only tender received is well in excess of the available project budget.
The lack of response makes it difficult to identify if Council is getting value for money, the tender review panel recommends rejecting all tenders. The following legislative provision applies to this circumstance.
Local Government Tendering Regulations
The Local Government Tendering Regulations set out various means for dealing with a tender. According to the Local Government Tendering Regulations, Division 4, Section 178: Council must either:
(1) (a) accept the tender that appears to be the most advantageous; or (1) (b) decline to accept any of the tenders.
If Council decides to not accept any tenders it must by resolution do one of various alternatives set out in clause (3). In relation to this Tender the most applicable alternatives under clause (3) are:
(3) (a) postpone or cancel the proposal for the contract;
(3) (b) invite fresh tenders based on the same or different details;
(3) (e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract.
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PAGE 101 The benefits and disadvantages of each of these alternatives are discussed in detail below.
OPTIONS
In accordance with Section 178 of the Local Government Tendering Regulations, Council has four probable options in relation to this project: accept the sole tender from QMC Group and amend the budget to match the tendered price plus a suitable contingency;
reject all tenders and not proceed with the reconstruction of the Ferry Ramp and deal with any on-going damage to the ferry and ramp under maintenance; reject all tenders and call a new tender in the hope of obtaining a more attractive price or additional tenders to indicate that Council is achieving value for money; reject all tenders and negotiate with the sole tenderer or any other party to obtain a better price.
Option One – Accept the Tender and Adjust the Budget to Match
This option may allow for the works to proceed (subject to comments below) and result in improved operation and reduced wear on the current ferry. The work should prolong the life of the ferry by eliminating the current heavy impact that occurs during very low tides when the ferry docks against the existing ramp. However, Council would have no sure way of knowing that it was getting best value for money.
Option Two – Refuse All Tenders and Cancel the Proposed Project
This option would result in the current situation remaining and the damage to the ramp and ferry where they are impacting would persist and their condition would continue to worsen. At the timing of the major Ferry Overhaul some additional maintenance works might be possible to help protect the underside of the ferry at the point it is colliding with the ramp. This option would only be viable as a short term solution and it is estimated that this would only delay the ramp replacement works for the next 1 to (at best case) 5 years if the service was to remain operational.
Option Three – Invite Fresh Tenders to Attract a Wider Response
This option may result in a larger number of responses and more competitive price and could include possible alternate designs to the ferry and or ramp as an option. However, this alternative would not be completed in time to meet the April 2016 overhaul deadline and there is no guarantee that further interest would be achieved or that any price would be better than the current tendered price.
Option Four – Refuse All Tenders and Enter into Negotiations with the Sole Tenderer or any Other Party
This option may result in an improved price but it is uncertain how much scope or incentive the sole tenderer would have to reduce their price. Council may be able to identify other parties that might be capable of carrying out the works as planned or an entirely different scope of works that may achieve some or all of the objectives of the original project utilising a different approach. This option does give the most flexibility to Council to achieve an outcome.
Preferred Option
As option four gives the most flexibility to Council and provides the only alternative that might allow for works to be completed in time to match the proposed shutdown in April, this is the preferred option.
CONCLUSION
Council has only received one response to this tender with a price that it well exceeds the budget available and does appear excessive. Further, there is not sufficient time for another tender process to commence and complete that would match the major overhaul timing. It is recommended that Council rejects all tenders and proceed to negotiate with
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PAGE 102 QMC Group and any other party that might be identified as being able to undertake the planned works or any alternative scope of works that may meet the desired outcome.
It is recognised that inviting fresh tenders is not a preferred option as it could not be achieved in the timeframe available and there is no guarantee that it would achieve a better result. To comply with the Local Government Tendering Regulations Division 4, Section 178, Clause (4); if the adopted recommendation is to reject all tenders and proceeding to negotiation, Council must state in the resolution (1) the reason for declining to call fresh tenders and (2) the reason for determining to enter into negotiations.
IMPACTS Financial
Funding of $250,000 has been allocated under Project 750093 in the 2015/16 Capital Works budget for the reconstruction of the Lower Portland Ferry Ramp. To date $408.46 has been spent or committed on approvals. There are insufficient funds remaining to cover the cost of the current tender received for the reconstruction of the ramp.
Hills 2026
This proposal complies with the Hills 2026 vision of managing our assets effectively to achieve higher levels of service for residents.
RECOMMENDATION
1. Council rejects all Tenders and authorises the General Manager to enter into negotiations with the sole tenderer or any other party to deliver the works or an alternative scope that achieves Councils desired outcome of extending the life of the current ferry and ramp for an acceptable price.
2. Council declines to call fresh tenders on the basis that this could not be achieved in the timeframe available to meet the planned major overhaul in April 2016 and there is no guarantee that a fresh tender would result in a better outcome for Council.
ATTACHMENTS
1. Tender Evaluation Sheet (forwarded to Councillors under separate cover)
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ITEM-7 MATTERS DEALT WITH UNDER DELEGATED
AUTHORITY DURING CHRISTMAS RECESS THEME: Proactive Leadership
OUTCOME: 3 Sound governance based on transparency and accountability.
STRATEGY: 3.1 Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community.
MEETING DATE: 9 FEBRUARY 2016 COUNCIL MEETING
GROUP: GENERAL MANAGER
AUTHOR:
MANAGER – EXECUTIVE SERVICES AND PUBLIC OFFICER
PETER DOYLE
RESPONSIBLE OFFICER: GENERAL MANAGER DAVE WALKER
REPORT
Council at its meeting on 27 October 2015 resolved that delegated authority be given to the Mayor and the General Manager to determine matters up to the date of the first Ordinary Meeting in 2016.
Delegated Authority Meetings were held on 22 December 2015 and 19 January 2016 and the Minutes of these Meetings are attached to this report.
To finalise this process, the Minutes of the Delegated Authority Meeting held on 22 December 2015 is submitted for information.
The Minutes of the Delegated Authority Meeting held on 19 January 2016 is submitted for adoption by Council.
IMPACTS Financial
This report has no direct financial impact upon Council’ adopted budget or forward estimates.
The Hills Future - Community Strategic Plan
Planning for the Christmas / New Year period including granting delegations to the Mayor and General Manager to ensure decisions are made ensures that Council is accountable to the community and meets legislative requirements in an efficient and proactive manner.
RECOMMENDATION
1. The Minutes of the Delegated Authority Meeting held on 22 December 2015 be received.
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PAGE 104 2. The Minutes of the Delegated Authority Meeting held on 19 January 2016 be
adopted.
ATTACHMENTS
1. Minutes Delegated Authority Meeting – 22 December 2015 (35 pages) 2. Minutes Delegated Authority Meeting - 19 January 2016 (13 pages)
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PAGE 153 ITEM-8 POST EXHIBITION REPORT - ADOPTION OF POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS
THEME: Proactive Leadership
OUTCOME: 3 Sound governance based on transparency and accountability.
STRATEGY: 3.1 Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community.
MEETING DATE: 9 FEBRUARY 2016 COUNCIL MEETING
GROUP: GENERAL MANAGER
AUTHOR:
MANAGER- EXECUTIVE SERVICES AND PUBLIC OFFICER
PETER DOYLE
RESPONSIBLE OFFICER: GENERAL MANAGER DAVE WALKER
EXECUTIVE SUMMARY
This report recommends that Council adopt the draft policy for the Payment of Expenses and Provision of Facilities to the Mayor and Councillors that was reviewed on 24 November 2015 and subsequently exhibited. No changes to the policy were proposed but current legislation still requires a Council to advertise anyway.
REPORT
Council gave public notice of its intention to adopt the policy and allowed 28 days for public submissions. Any submissions received as a consequence of the advertisements during the exhibition period must be considered by Council before adopting the policy.
No submissions were received from members of the public during or since the close of the exhibition period.
A copy of the policy is attached as Attachment 1.
IMPACTS Financial
Funds have been provided within Council’s 2015/2016 budget and forward projections to accommodate this proposal.
Hills 2026
Having policies and regularly reviewing policies, particularly a policy on the payment of expenses and provision of facilities to the Mayor and Councillors, demonstrates transparency in Local Government and ensures Council is accountable to the community and meets legislative requirements.
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PAGE 154 RECOMMENDATION
The draft policy for the Payment of Expenses and Provision of Facilities to the Mayor and Councillors be adopted.
ATTACHMENTS
1. Draft Policy 1 - Payment of Expenses and Provision of Facilities to the Mayor and Councillors (21 pages).
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PAGE 176 ITEM-9 PECUNIARY INTEREST REPORT - DECEMBER 2015
DOC INFO
THEME: Proactive Leadership
OUTCOME: 3 Sound governance based on transparency and accountability.
STRATEGY: 3.1 Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community.
MEETING DATE: 9 FEBRUARY 2016 COUNCIL MEETING
GROUP: GENERAL MANAGER
AUTHOR: EXECUTIVE SERVICES OFFICER SHARON WATT
RESPONSIBLE OFFICER:
MANAGER - EXECUTIVE SERVICES AND PUBLIC OFFICER
PETER DOYLE
REPORT
The Local Government Act 1993 requires Councillors and designated persons to complete and lodge Disclosure of Interest Returns within three (3) months after becoming a Councillor or designated person and on an annual basis in accordance with Chapter 14, Part 2, - Disclosure of Interests (Sections 449 and 450A).
Since 16 September 2015, a further twelve (12) designated persons have completed the required return as well as the three (3) outstanding returns reported to Council in September 2015 as a result of staff on extended annual leave.
Currently there are no designated staff that have not completed the required return.
POSITION PRESENT INCUMBENT
Technical Specialist John Stewart
Senior Projects Engineer David Duffield
Public Relations & Promotions Officer Stephanie Loobeek Venue Sales Officer – Cemetery Venues Kate Smith
Venue Specialist Adriana Bellomo
Landscape Assessment Officer Alison Gates
Town Planner Kathryn Sprang
Development Engineer Gordan Opacic
Temporary Senior Biodiversity Officer Robert Blackall Community Development Sporting Allocations Officer Paul Fitzpatrick Senior Environmental Health Officer Mirko Simic
Assistant Ward Support Officer Susan Martello
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PAGE 177 IMPACTS
Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
The Hills Future - Community Strategic Plan
This report demonstrates transparency in Local Government and ensures Council is accountable to the community and meets legislative requirements.
RECOMMENDATION
Council note the tabling of the Returns.
ATTACHMENTS Nil.
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PAGE 178 ITEM-10 COMPULSORY ACQUISITION OF MEMORIAL AVENUE
RESERVE, 2 WINDSOR ROAD, KELLYVILLE
DOC INFO
THEME: Proactive Leadership
OUTCOME: 2 Prudent management of financial resources, assets and people to deliver the community outcomes
STRATEGY: 2.2 Maintain a strong financial position that supports the delivery of services and strategies and ensures long term financial sustainability.
MEETING DATE: 9 FEBRUARY 2016 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: PROPERTY MANAGER
RODNEY MACFARLANE
RESPONSIBLE OFFICER: MANAGER SPECIAL PROPERTY PROJECTS STEPHEN CULLEN
EXECUTIVE SUMMARY
This report recommends that Council consent to the compulsory acquisition of the subject land under the terms outlined.
REPORT
Council is in receipt of a request from the Roads and Maritime Services (RMS) seeking consent to the compulsory acquisition of Lot 1 DP 167534, 2 Windsor Road, Kellyville.
The subject land is approximately 1000m2, after previous road widening acquisition on the original title Vol 3090 Fol 97, is zoned R3 Medium Density Residential and classified as “Community” land under the Local Government Act 1993 (See Attachment 1). Under Section 45(1) of the Local Government Act 1993 a Council has no power to sell, exchange or otherwise dispose of Community land.
In order to progress this matter expeditiously the RMS is seeking Council’s concurrence to the compulsory acquisition of the land and accept compensation as determined by the Valuer General which would negate the need for RMS to issue a Proposed Acquisition Notice (PAN) with the statutory notification period being ninety (90) days).
Alternatively, the RMS have offered that if Council wishes to reserve its right about the amount of compensation determined by the Valuer General the RMS would appreciate Council’s consent to a reduced PAN period of 7 days. The RMS’s timetable for programmed works along Memorial Avenue requires completion of this acquisition as soon as possible.
Given the minor nature of the acquisition and in order to progress the widening of Memorial Avenue it is recommended that the compulsory acquisition proceed by agreement under Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991. Following gazettal of the compulsory acquisition, execution of a Deed of Release &
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PAGE 179 Indemnity will facilitate payment of the compensation to Council as assessed by the Valuer General.
CONCLUSION
The RMS can proceed with the compulsory acquisition of the land without “approval”
from Council. However, this would delay the widening of Memorial Avenue which has already received conditional support from Council. Compensation will be assessed by the Valuer General and it is recommended that the compulsory acquisition proceed by agreement on the terms outlined.
IMPACTS Financial
This matter has no direct financial impact upon Council’s adopted budget or forward estimates. Compensation when received will be transferred into the Open Space Reserve.
The Hills Future - Community Strategic Plan Council’s finances & assets are well managed.
RECOMMENDATION
No objections be raised to the Roads & Maritime Services compulsory acquisition of Lot 1 DP 167534, 2 Windsor Road, Kellyville under the terms outlined in this report subject to payment of compensation as assessed by the Valuer General inclusive of any disturbance costs with a Claim Form and Deed of Release & Indemnity authorised for execution under seal.
ATTACHMENTS
1. Location Plan (1 Page)