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Council chambers

Council meeting summary November 4, 2019

News Article Date: 
Tuesday, 5 November 2019

For more information and appendices for each item, view the Council Meeting Agenda.

The below summary is unconfirmed until the Minutes of the November 4 Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

None

3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on October 7, 2019 and the Annual (Statutory) Meeting of Council held on October 28, 2019 (7-0).

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda

None

5.1 Updated Caretaker (Elections) Policy

Section 93B(1) of the Local Government Act 1989 (“Act’) requires Council to prepare, adopt and maintain an election period policy to outline the procedures to be applied by Council during the election period ahead of a general election.

The election period is commonly referred to as the caretaker period which covers the 32 days leading up to election day.

The Act requires the policy be reviewed no later than 12 months before the next election period which will be in effect from 22 September to 24 October 2020.

A review of the policy, first adopted in 2016 for the elections of that year, has concluded the provisions are still current and no material changes are recommended. The only changes are to update the dates.

Council supported the following recommendation (7-0):

That Council adopt the updated Caretaker (Elections) Policy in accordance with section 93B(1) of the Local Government Act 1989.

5.2 Community Infrastructure Loan Scheme

The State Government has introduced a $100 million low interest loans scheme to support Councils in funding Community Infrastructure.

Councils can apply for loans between $0.5 million and $10 million.

State Government will subsidise 50% of the interest. The rates at 30 September 2019 (pre interest rate cut) were 1.42% for 10 years which would be an effective rate of 0.71% after the subsidy.

The joint use Learning Centre has been identified as a project that meets the criteria of the CILS.

It is proposed to submit an application for $2.5 million as this is the maximum amount attributable to the Learning Centre project that could be deemed as not matching funds. The residual $500,000 that is currently in the budget for the project is nominally matching funds for a Building Better Libraries funding application, (matching funding to other government grants are not eligible to be funded under this scheme).

The low interest rate would represent a saving of approximately $280,000 over the 10 years loan period based on the current market rates available.

Council supported the following recommendations (7-0):

1. That Council resolves to submit an application for a loan of $2.5 million under the 2019 Community Infrastructure Loans Scheme for Council’s contribution to the Joint Use Library project.

2. If Council is successful in the application, the project and the associated loan funding will be considered in the 2020/21 budget deliberations.

5.3 Activities and Initiatives 2019-2020: July – September (Quarter One)

This report provides information on the progress in achieving the Activities and Initiatives (A&I’s) set down for 2019-2020 as part of the Council Plan and Budget process. This report provides Council and the community with an update in the progress of actions across Councils' functional areas.

140 initiatives are listed as “progressing”, one is listed as “completed” and four a listed as “on-hold”.

Council supported the following recommendation (7-0):

That the Activities & Initiatives 2019-2020 July-September (Quarter 1) report, be received.

5.4 September Finance Report

This Finance Report compares actual financial results budget for the 3 months ending September 2019.

The report sets out financial results for Council's recurrent (day to day operations) Projects, Capital Works, Rates and Loan activities.

Year to date budgets are profiled to reflect the timing of cash inflows and outflows. Overall the actual results indicate a favourable financial position of $52,000 when compared to the YTD Budget.

Council supported the following recommendation (7-0):

That the finance report for the 3 months ending September 2019 be received.

5.5 Middle Island Little Penguin Project Annual Report 2018/2019

The Middle Island Project Working Group have prepared the 2018/19 Penguin Breeding Season Completion Report.

The estimated arriving population for the penguin breeding season was approximately 50 individuals.

Six dogs have been managed by the Middle Island Project Working Group during the 2018-19 season and Tula has retired this year.

The Project continues to receive ongoing community support and partnerships to protect the little penguins and has undertaken up to 101 tours with a total of 2,474 participants.

Council supported the following recommendation (7-0):

That Council receive the Middle Island Project 2018-2019 Penguin Breeding Season Report.

5.6 Warrnambool Planning Scheme Amendment C103WARR

Planning Scheme Amendment C103warr (Amendment) proposes to implement the policy direction of the Eastern Activity Centre Structure Plan (the Structure Plan), adopted by Council in September 2016.

The Amendment was placed on public exhibition between 11 July 2019 and 16 August 2019.

A total of six (6) submissions were received.

At the Council meeting of 7 October 2019, Council resolved to request the Minister for Planning appoint a Planning Panel to consider the submissions to the Amendment, and to refer the submissions to the Panel.

On 13 October 2019, a Planning Panel was appointed to consider and hear submissions, with a Directions Hearing scheduled for 7 November 2019 and Panel Hearing scheduled for 11 and 12 December 2019.

On 21 October 2019, Council received a late submission to the Amendment from Planning & Property Partners on behalf of Kaufland Australia Pty Ltd (Kaufland).

The late submission (refer to Attachment 1) seeks flexibility with the Structure Plan so as to facilitate a major new commercial premise (supermarket) on land known as 69-83 Raglan Parade, Warrnambool.

A Council resolution is required in order for the late submission to be considered, and referred to the Planning Panel.

Council supported the following recommendations (7-0):

That Council:

1. Considers the late submission from Planning & Property Partners (on behalf of Kaufland) made to Amendment C103warr to the Warrnambool Planning Scheme.

2. Refers the late submission to the Planning Panel.

3. Writes to the submitter to inform them of Council’s decision to refer the late submission to the Planning Panel.

5.7 Tender 19049 Award Report

Council has sought tenders for the Register of Contractors – Supporting Civil Infrastructure.

The tender was divided into 17 packages of works (separable portions).

The successful tenderers will be appointed to a panel of providers via a Deed of Standing Offer to provide services under one or more the separable portions.

A total of 28 companies have provided tender submissions for the provision of these services.

Following a detailed evaluation of each of the submission/s it is consider that the tender submission/s from Abtech Plumbing and Excavation Pty Ltd, Arbator Pty Ltd, ASAP Local Plumbing Pty Ltd, Bates Pipes Pty Ltd, Bitu-mill (Civil) Pty Ltd, BKBM Pty Ltd trading as Westvic Waste & Recycling Pty Ltd, Bligh Vegetation Management Pty Ltd, Bowen Fencing, Carters Tree Services Pty Ltd, Coates Hire Pty Ltd, Collins Earthmovers Pty Ltd, Conplant Hire Pty Ltd, Duggan Civil Pty Ltd, Elonchrone Pty Ltd trading as L. Davidson & Sons Earthmoving, Falcon Traffic Pty Ltd, Fulton Hogan Industries Pty Ltd, Go Traffic Pty Ltd, Holcim (Australia) Pty Ltd, L & H Van Kempen (Partnership), McKinnon Quarries and Civil Pty Ltd, Nuflow South West Pipe Relining Pty Ltd, Rodger Constructions Pty Ltd, Toot Traffic Pty Ltd, Top Jockey Nominees Pty Ltd trading as Gillear Lime and Sandstone Quarries, Total Drain Cleaning Services Pty Ltd are preferred.

No submissions were received for the following separable portions - SP 6 Fencing works (Temp Fencing), and SP 17 Concrete Supply. The submission for SP 10 Fiberglass pit lids was incomplete and not recommended, Council will need to approach the market for quotes or tenders for these services and works.

Issues have been identified with tender processes that has led to reduced responses and hence competition within the various panels (separable portions). Council should consider readvertising the tender in 6 to 12 months to expand the panel membership to increase competition.

Council supported the following recommendations (7-0):

That Council:

1. Accept the tender submission/s from Abtech Plumbing and Excavation Pty Ltd, Arbator Pty Ltd, ASAP Local Plumbing Pty Ltd, Bates Pipes Pty Ltd, Bitu-mill (Civil) Pty Ltd, BKBM Pty Ltd trading as Westvic Waste & Recycling Pty Ltd, Bligh Vegetation Management Pty Ltd, Bowen Fencing Pty Ltd, Carters Tree Services Pty Ltd, Coates Hire Pty Ltd, Collins Earthmovers Pty Ltd, Conplant Hire Pty Ltd, Duggan Civil Pty Ltd, Elonchrone Pty Ltd trading as L. Davidson & Sons Earthmoving, Falcon Traffic Pty Ltd, Fulton Hogan Industries Pty Ltd, Go Traffic Pty Ltd, Holcim (Australia) Pty Ltd, L & H Van Kempen (Partnership), McKinnon Quarries and Civil Pty Ltd, Nuflow South West Pipe Relining Pty Ltd, Rodger Constructions Pty Ltd, Toot Traffic Pty Ltd, Top Jockey Nominees Pty Ltd trading as Gillear Lime and Sandstone Quarries, Total Drain Cleaning Services Pty Ltd for Tender No. 2019049 Register of Contractors – Supporting Civil Infrastructure for the associated schedule of rates exclusive of GST.

2. Authorise the Chief Executive Officer to sign and seal the deed(s) of standing offer and any contract documents.

3. Notes that additional tenders will be called at a later date with the intent of increasing competition, allowing new entrants, and filling missing service areas or separable portions.

4. Authorise the Director City Infrastructure to manage and execute deed extensions for;

- Optional extension One, 12 months ending 31 December 2022.

- Optional extension Two, 12 months ending 31 December 2023.

5.8 Contract Award 2020012 Supply of Foam Bitumen

A public tender was advertised on Saturday 17 August 2019 inviting tender submissions from suitably qualified and experienced contractors for the supply of a foam bitumen road pavement material.

Close of tenders was 2:00pm on 13 September 2019.

A panel has met and evaluated the tender responses.

The recommendation is to proceed with the tender offer provided by Hiway Stabilizers Pty Ltd in the amount of $319,916.14 (GST inclusive).

Council supported the following recommendations (7-0):

That Council

1. Award Contract No. Contract 2020012 Supply of Foam Bitumen to Hiway Stabilizers Pty Ltd for the tendered amount of $319,916.14 Inc. GST.

2. That the schedule of rates offered is accepted to undertake works over and above the lump sum price, provided that additional works are within the project budget and Councils delegated approval limits.

3. Authorise the CEO to sign and seal the contract documents.

5.9 Assembly of Councillors Reports

Section 80A(2) of the Local Government Act 1989 requires the record of an Assembly of Councillors be reported to the next practicable Ordinary Meeting of Council.

The records of the following Assembly of Councillors is enclosed:

  • Monday 16 September 2019
  • Monday 14 October 2019
  • Monday 21 October 2019

Council received the report, with the record of the September 16 and October 14 meetings being held over (7-0).

5.11 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

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