01-20 January 2014 - Mount Barker District Council · Council Agenda 20 January 2014 Confidential...

District Council of Mount Barker – Monday 20 January 2014

ORDER OF BUSINESS

1. COUNCIL OPENING - Expression of Faith - Welcome - Apologies or Leave of Absence

2. QUESTIONS FROM THE GALLERY ............................................................................. 1 3. CONFIRMATION OF MINUTES ..................................................................................... 1 3.1 16 December 2013 – Special Council Meeting ................................................ 1 3.2 16 December 2013 .............................................................................................. 1 4. CONFLICT OF INTEREST DECLARATION .................................................................. 1 5. QUESTIONS WITH NOTICE .......................................................................................... 1 6. QUESTIONS WITHOUT NOTICE ................................................................................... 1 7. MOTIONS ON NOTICE ................................................................................................... 1

8. DEPUTATIONS ............................................................................................................... 1 9. PETITIONS ..................................................................................................................... 1 10. REPORTS ....................................................................................................................... 3

10.1 Morphett Hutchinson Precinct Upgrade Streetscape Tender ........................ 3

To seek Council approval to accept a tender for the Morphett Hutchinson Streetscape Upgrade.

10.2 Ward Donations ................................................................................................13 To allocate ward donation funds to individuals or organisations.

11. RECOMMENDATIONS FROM ADVISORY COMMITTEES ........................................17 12. INFORMATION REPORTS ..........................................................................................19

12.1 Environmental Services Centre Project Update ............................................19

To update members on progress with the construction of the wetlands.

13. MAYOR’S REPORT ......................................................................................................24 14. MEMBERS’ REPORTS .................................................................................................24

15. QUESTIONS ARISING FROM COUNCIL MEETING ..................................................24 16. CONFIDENTIAL REPORTS .........................................................................................25

16.1 Independent Members for the Strategic Planning & Development Policy Committee .........................................................................................................25

1. COUNCIL OPENING

EXPRESSION OF FAITH

WELCOME STATEMENT

APOLOGIES OR LEAVE OF ABSENCE

2. QUESTIONS FROM THE GALLERY (15 MINUTES)

3. CONFIRMATION OF MINUTES

3.1 SPECIAL COUNCIL MEETING 16 DECEMBER 2013

Recommendation That the minutes of the Special Council meeting held on 16 December 2013 as circulated to Members be confirmed as a true and accurate record of proceedings.

3.2 COUNCIL MEETING 16 DECEMBER 2013

Recommendation That the minutes of the Council meeting held on 16 December 2013 as circulated to Members be confirmed as a true and accurate record of proceedings.

4. CONFLICT OF INTEREST DECLARATION Elected Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefit in items listed for consideration on the agenda.

5. QUESTIONS WITH NOTICE – COUNCILLORS NIL

6. QUESTIONS WITHOUT NOTICE – COUNCILLORS

7. MOTIONS ON NOTICE

NIL

8. DEPUTATIONS NIL

9. PETITIONS NIL

District Council of Mount BarkerCouncil Agenda 20 January 2014

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10. REPORTS 10.1 REPORT TITLE: MORPHETT HUTCHINSON PRECINCT

UPGRADE STREETSCAPE TENDER DATE OF MEETING: 20 JANUARY 2014 FILE NUMBER: 13/119546

Strategic Plan Ref: 2.2 Commence the implementation of the Mt Barker Town Centre Strategy Purpose: To seek Council approval to accept a tender for the Morphett Hutchinson Streetscape Upgrade. Summary – Key Issues:

The first stage of the upgrade has been completed apart from lighting which will be installed shortly.

It is recommended that instead of staging the second stage that the work be completed in one contract to achieve economies for Council.

It is recommended that a Contract for the work be let to Dig It

Landscapes Pty Ltd. Recommendation: That Council: 1. Awards tender 2013.033 Morphett and Hutchinson Streetscape

Improvements to Dig-It Landscapes Pty Ltd for the Total Tender Sum of $1,650,490 (ex GST and including CITB levy) with a 10% construction contingency of $165,049 to provide a total construction budget of $1,815,540 (ex GST).

2. Authorises the Chief Executive Officer or his delegate to execute the

relevant contract documents for Contract 2013.033 Morphett and Hutchinson Streetscape Improvements.

3. Approve the reallocation of $365,000 from other specified Mount

Barker township capital projects in the FY13/14 Capital Budget for this project.

4. Note that Council’s approval to complete the Morphett and Hutchinson

Street project in one contract will effectively bring forward $936,470 of proposed expenditure from the FY14/15 financial year.


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5. Note that Council has secured State Government grant funding of $500,000 and a commitment from Business Mount Barker to contribute $100,000.

6. Note that the above adjustments to the FY 13/14 Capital Budget will

be formalised in the next FY 13/14 Budget Review which is scheduled to be considered at a Council meeting in February 2014.

Background: 1. The 1st Stage of construction started on 9 September 2013 comprising

demolition and reconstruction of kerbs, road pavements, stormwater drainage and erection of new street lighting.

2. Construction has progressed largely to program, work for this Stage

was completed by the end of November with the exception of new light poles which should be completed by February 2014.

3. Tenders for the Streetscape work (Stage 2) initially closed on 12

November 2013 (refer selected concepts in Attachment 1). The response was disappointing in terms of price and quality. The Assessment Panel decided to retender.

4. The initial Tender had allowed for a number of separable parts to give

Council the option of Staging the work between the 2013/14 and 2014/15 financial year. Industry feedback was that this was too complex for contractors and considered unattractive. Suitably experienced contractors are also busy at the moment with key high value projects such as Victoria Square and several other major projects due to commence in early 2014.

5. The project was retendered as one package with a close date of

19 December 2013. A much better response was received in the second tender call.

Discussion: Tender Process: 6. Prior to undertaking the tender call the evaluation panel determined

the criteria and weightings in order of importance by which the tenders would be evaluated, as follows:

Organisational Structure, Facilities and Resources (10%) Experience (30%) Implementation Schedule and Transitional Plan (20%) Price (40%)


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Tender Response:

7. Six (6) tender submissions were received from the following contractors (in no particular order): Gridlock Harris Noonan Dig-It Landscapes Pty Ltd Plotworks WTM Constructions Camco

Tender Evaluation:

8. The tender evaluation panel comprised:

Matthew Dawkins, Capital Program Manager Matt Graham, Project Manager David Morton, Manager Projects

9. Based on weighted pricing and qualitative criteria, tender evaluation

scores ranged from 5.43 to 6.22.

10. Dig-It Landscapes received the highest score of 6.22.

Basis of Decision:

11. Dig-It Landscapes have been selected as the preferred Tenderer on the following basis:

Highest tender evaluation score. Second Lowest tendered lump sum price. Demonstrated understanding of the project requirements evidenced

by their submission and post tender interview. Satisfactory levels of relevant experience and management skills. Referee checks indicate that Dig-It landscape have the capability to

undertake a project of this size with referees indicating that they would be prepared to engage them again.

Budgetary Considerations 12. Business Mt Barker has confirmed its intention to contribute $100,000

to the Plaza area subject to Council committing to the full scope of work in this area. The Business Mt Barker contribution will include the provision of a public art work which is currently in design by Mr Silvio Apponyi. This is expected to be a single piece that is proposed to be located in the vicinity of the area outside Caffé Acqua.


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13. State Government People for Places funding for the Stage 2 Plaza part of the project of $500,000 has been confirmed in a letter from Minister Rau. This funding requires one for one matching expenditure by Council.

14. The current budget status for the Project can be summarised as

follows:

13/14 Capital Budget Allocation $1,894,000 Capital Expenditure to 31 December 2013. $1,121,930 Estimated cost to complete Stage 1 civil works:

Remaining contract sum $185,000 Telstra pit alterations $68,000

Remaining civil works contingency $20,000 Total committed to date 1,394,930 Net funding from Business Mt Barker after public art cost

($50,000)

Remaining 13/14 funds 549,070 Recommended Stage 2 Tender $1,650,490 Contingency (10%) $165,049 Internal Project Management Costs $25,000 Total expenditure to complete $1,840,539 Increase in 13/14 budget required to complete work in one contract

$1,291,470

15. The reasons for an increase to the 13/14 budget should be noted to

not be due to overruns in the stage 1 civil engineering works that are now largely complete. The civil works comprising road renewal, all new kerbs, 4 pedestrian crossings and lighting were delivered without construction overruns and with approximately half of the project contingencies unused. The increase in budget allowance can be attributed to the following:

The project was fast-tracked for design and construction in

FY13/14 and a budget was set before a detailed concept design or cost estimate had been prepared. This fast-tracking approach inherently means there is a high level of risk that once the design development starts, the budget allocation may be insufficient. In hindsight, a much larger contingency should have been applied to the budget allocation.

The landscape design development introduced ideas and features such as the plaza arbours, artistic screening walls and white light LED footpath lighting. These items are now considered important to the landscape outcome sought for this centrepiece project and were not as well understood when setting the budget.


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The extensive existing underground services means there is limited space for tree root ball establishment and as such substantial soil preparation is required to ensure that where there is space for trees, the soil is well prepared.

16. The shortfall in the FY13/14 budget allocation is proposed to be made up from a combination of surpluses in completed FY13/14 capital projects ($150k), deferment of two current capital projects together with bringing forward proposed project expenditure from the 14/15 year to top up the 13/14 budget. These are summarised as follows:

13/14 Capital Project Surpluses i.e. completed under budget

Druids Ave pedestrian crossings and Walker St junction construction

$110,000

Druids Ave/Cameron Road roundabout design $55,000

Deferment of 13/14 Capital Projects Railway Creek flood mitigation design $100,000 Bernhardt Crt flood mitigation design $100,000 Re-allocation of 13/14 capital project funds $365,000 Total to be brought forward from proposed FY14/15 $936,470 Total addition to Morphett Hutchinson 13/14 budget

$1,291,470

It is considered sensible to defer the two stormwater projects

above since Council has recently received advice of a change in practice in that major stormwater flood mitigation projects will not be eligible for Stormwater Management Authority funding until a Stormwater Master Plan has been completed. A masterplan will outline priority flood mitigation and stormwater actions for Mt Barker and provide the opportunity to apply for substantial grant funds for identified major projects. Work is now underway towards preparing the Stormwater Master Plan. Accordingly the advancement of the Railway Creek and Bernhardt Court projects can reasonably be deferred to a future financial year once the masterplan is completed and priorities have been set.

17. While completion of the Morphett Hutchinson Street project in one contract will require substantial augmentation of the FY13/14 budget allocation, there will be considerable benefits that will accrue from doing this including:

Substantial savings in the overall cost estimated to be

approximately $400,000. Provision of a completed new public space in the Town Centre

earlier than would otherwise be the case.


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Bringing forward economic benefits to businesses in the Town Centre from the enhanced amenity.

Minimising disruption for business and community by completing the works as soon as possible.

18. A quantity surveyor was engaged to prepare a cost estimate for the

Stage 2 work. The specification and design was carefully reviewed with the Quantity Surveyor to identify areas of excessive cost. Some amendments were made to reduce cost with an estimate of $1,500,000 resulting compared to the recommended tender of $1.65 million – a 10% variance.

19. Materials have been selected to ensure durability, value for money

and to include local references such as bluestone walling. Council could delete some aspects of the design such as the walls, seating and screening in a couple of locations or the arbours to find cost savings but this could result in an overall diminution of the end result.

20. This is a once in a generation opportunity for the Town Centre which in

many ways will set the scene for its continuing growth and identity into the future.

21. Council will also need to spend the majority of the contract amount to

avoid loss of the State Government funding ($500,000) committed to the Project.

22. This project had its beginnings in the objective of addressing a very

unsafe intersection in a way that avoids the installation of traffic lights at a cost of at least $1,000,000 while significantly improving pedestrian and streetscape amenity. With external funding of $600,000 and an Asset Renewal contribution from Council of $600,000 it can be argued that the net cost to Council of this greatly enhanced public realm has been mitigated by total internal saving and external contributions of $2,200,000.

Stage 2 Timing 23. If the recommendations in this report are adopted, the landscape

construction will commence towards the end of January/early February 2014 and reach completion towards June 2014. DPTI have indicated the buses will return to Hutchinson Street with re-routing up Morphett Street to the new park and ride from 26th of January (subject to the Park and Ride being opened).

Morphett Street (Corner site on Hutchinson and Morphett Street)

24. 23 Morphett Street is considered to be a significant site in the Morphett Hutchinson Street precinct. It is recognised that the site currently has built form and land uses which do not capitalise on the upgrades to the precinct Council is undertaking.


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25. The land owner has undertaken a process seeking expressions of interest for this site. Council Staff have commenced discussions with the vendor’s agent consistent with the previous recommendation from Council. No decisions have occurred as yet, a future report to Council will be prepared to determine any outcome of this process.

Community Engagement: Informing only Via website.

Council’s extensive communication strategy will be continued with affected businesses, residents and the wider community with regular updates in hard copy and on the web site.

Policy: Not applicable Budget: See above Statutory/Legal: Not applicable Staff Resource Requirements: The Project will be managed out of existing resources. Environmental: The project has been assessed under the Green Star Program. Social: Substantial benefits will accrue from the Project including: Greatly improved road and pedestrian safety. Improved pedestrian connectivity between the Morphett / Hutchinson

Precinct and Gawler St. Enhanced streetscape and amenity for residents and visitors. Economic benefits to businesses in the Town Centre arising from the

enhanced connectivity and amenity. Creation of a new public space in the heart of the Town Centre. Design allows the adjoining Morphett St east and Hutchinson St to be

closed for special events creating a larger area when required. New bus stops and route through the Town Centre.

Risk Assessment: A Risk Matrix has been prepared and will be updated for this Stage of the Project Asset Management: Will create significant new public realm assets for Council.


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Conclusion: The revitalisation of the Morphett and Hutchinson Street precinct is progressing well and can be completed within the current financial year subject to the FY13/14 budget for the project being augmented with additional project funds. Completion in the current financial year under one landscape contract has significant financial and social advantages. Key Contact Matthew Dawkins, Capital Program Manager David Morton, Manager Projects Manager or Sponsor of Project Andrew Stuart, CEO Attachments 1. Selected concepts for Stage 2


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ATTACHMENT 1


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Attachment to Item 10.1

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10.2 REPORT TITLE: WARD DONATIONS DATE OF MEETING: 20 JANUARY 2014 FILE NUMBER: 12/016285

Strategic Plan Reference Governance and Leadership Purpose To allocate ward donation funds to individuals or organisations. Summary – Key Issues 1. Council has allocated an amount per annum (1 July to 30 June) of

$1250 for each Elected Members to spend on individuals and groups at Elected Members’ discretion. This is known as a Ward Allowance.

2. At each Council Meeting, Elected Members may nominate individuals or

groups to which a donation from their Ward Allowance will be made. Recommendation That Council will make the following donations, given that each Member nominating the donation has given careful consideration to whether there is a conflict of interest:

Elected Member Amount Group/Individual Purpose

Background 1. Council receives many requests for assistance from individuals

community members and community groups. Requests may be received by Elected Members via telephone, letter or via email, or direct to Council.

2. Council has allocated an amount per annum(1 July to 30 June) of

$1250 for Elected Members to spend on individuals and groups at Elected Members’ discretion, which has been in place for over 10 years. This is known as a Ward Allowance.


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3. The Representation Review process (completed in September 2013) ensures equal representation (Council Member per elector) in each Ward. No change was made to the number of Councillors in each Ward from the 2005 Review. This process ensures the amount of Ward Allowance available to the community is equal between each of the Wards.

4. At the end of each financial year, a report of the expenditure of Ward

Allowances will be reported to Council. Ward Donation Procedures 5. Individual members of the community or community groups may

require small financial assistance for projects/initiatives of community interest and benefit from Council.

6. These requests should be made directly to the Mayor and/ or Elected

Members for their consideration / assessment. 7. Any requests received directly by Council will be acknowledged by

the Executive Assistant to the Chief Executive Officer and Mayor, and advised that any such requests received will be provided to all Elected Members who may choose to contribute some funds from their annual Ward Allowance.

8. When determining donations, Elected Members should consider the

community interest / benefit to be received and enjoyed by the large community as a result of that donation.

9. Elected Members should also consider and assess any actual or

perceived conflict of interest as a result of making a particular donation.

10. At each Council Meeting, Elected Members may nominate members

of the community or community groups to which a donation from their Ward Allowance will be made. These donations are reflected in the Council meeting minutes, available on Council’s website www.dcmtbarker.sa.gov.au

11. Elected Members are encourage to advise the Executive Assistant to

the Chief Executive Officer and Mayor as soon as possible of any requests for ward donations received in advance of Council meetings in order for such requests to be included in the Council meeting agenda.


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12. When making a donation in the Council Meeting, the Elected

Member should:

a. Declare who the donation is to be made to, the amount and the purpose of the donation; and

b. Complete and submit a Ward Donation Form to the Minute

Secretary (Sue Miller). 13. Following the Council Meeting, staff will use the information provided

on the Ward Donation Form and arrange for the donation to be provided to the community member or community group.

Community Engagement Informing only Notification by way of Council minutes.

Policy There are currently no Council Policies in relation to Ward Donations. Budget Each Elected Member has a budget allocation of $1250 annually. Any unallocated ward allowance balance is not carried over to the next financial year. Statutory/Legal There are no statutory/legal implications or requirements in relation to Ward Donations. Section 73 of the Local Government Act 1999: However, Elected Members should be mindful of potential or real conflict of interest that arise as a result of making a ward donation. Staff Resource Requirements Upon notification of a resolution of Council, Finance staff process and forward ward donation cheques to the nominated recipient. This is incorporated into the existing responsibilities of the finance staff. Environmental There are no environmental implications arising from this report or its recommendations. Social Ward donations enable individual members of the community and community groups to request small donations to assist with their endeavours. Risk Assessment: It is the responsibility of each Elected Member to assess the risks association with the ward donations.


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Asset Management: There are no asset management implications arising from this report or its recommendations. Conclusion Elected Members have the opportunity to make ward donations. Key Contact Sue Miller, Executive Assistant to Chief Executive Officer & Mayor Manager or Sponsor of Project Andrew Stuart, Chief Executive Officer Attachments Nil


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11. RECOMMENDATIONS FROM ADVISORY COMMITTEES

NIL


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12. INFORMATION REPORTS

Recommendation: That the following information report be noted.

12.1 REPORT TITLE: ENVIRONMENTAL SERVICES CENTRE -

PROJECT UPDATE DATE OF MEETING: 20 JANUARY 2014

FILE NUMBER: 48/030/153

Purpose: To provide a project update to Council regarding the design and construction of a new wetlands as part of the proposed Environmental Services Centre, Springs Road, Mount Barker. Summary – Key Issues: 1. Construction of a new wetlands is being progressed in the 2013/14

financial year as part of the broader Environmental Services Centre development in Springs Road, Mount Barker.

2. The detailed design of the wetlands is now complete and the project is currently out-to-tender with construction expected to commence in March/April 2014.

Background: 1. Council has received Development Plan consent for an Environmental

Services Centre, wetlands and associated access road and parking. See Attachment 1 - Site Layout.

2. The Environmental Services Centre includes a new field services centre

for the Council, plus space that can be used for environmental education and community activities.

3. The site was previously classified as ‘Park’ under Council’s generic

Community Land Management Plan which is generic in nature. A new Community Land Management Plan has now been prepared for the Environmental Services Centre and Wetlands to cater for Council’s intended uses for the land which was approved by Council at its meeting on 2 December 2013.

4. An Aboriginal (archaeological and anthropological) Cultural Heritage

Survey has been undertaken on the site by Australian Cultural Heritage Management (ACHM). This survey concluded that the project area has


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been given an archaeological ‘cleared’ status although there is considered to be a ‘high risk’ that previously unrecorded Aboriginal anthropological sites exist due to the site’s close proximity to the ‘Mount Barker Creek’. It is therefore recommended that Council continues to attempt to engage with the Peramangk People, whose heritage interests are managed through Mannum Aboriginal Community Association Inc (MACAI) to monitor work activities that involve exposure of previously undisturbed ground.

5. Council has allocated $1,000,000 in the 2013/14 Capital Budget for

construction of the Wetlands and associated works and planting. Delivery of further stages as shown in Attachment 1 will be subject to budget approval by Council in future years subject to other competing priorities.

6. A grant funding application to the State Government for $100,000 to

part-fund construction of the trail/path network around the wetlands in association with this project is currently under consideration.

Discussion 7. Construction of the wetlands has a number of project objectives:

- stormwater treatment - bird habitat - vegetation rehabilitation - local amenity - educational facility

8. Following a competitive tender process, DesignFlow was engaged to

undertake the detailed design of the wetlands.

9. There is a small existing pond located in the north-west corner of the site. It is proposed to utilise this existing pond and provide a series of additional wetland ponds to create a new wetlands habitat through the central area of the overall site.

10. Extensive new landscaping, re-vegetation, rubble paths, boardwalks

and elevated lookouts will form part of the new wetlands initiative - see Attachment 2 - Proposed Wetlands Layout.

11. A number of Council officers, environmental specialists, Councillors (Ian

Grosser & Carol Bailey), representatives from BirdsSA and other stakeholders have been engaged throughout the design process including a Design Workshop on 7th November 2013 where a design concept was discussed and endorsed by the stakeholder group.

12. DesignFlow has undertaken the detailed design and has developed a

sustainable community outcome through innovative design that integrates water with community space and habitat protection and improvement.


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13. Detailed wetlands design is now complete and the project has now

been tendered for construction to a select list of civil/environmental contractors who have been selected following an open Registration of Expression of Interest (REOI).

14. A further Council agenda item will be prepared seeking approval of the

wetlands contract award in February/March 2014 which will also advise on the programmed completion date and an official opening.

Conclusion: Detailed design for the new Wetlands proposed as part of the proposed Environmental Services Centre, Springs Road, Mount Barker is now complete, the project has been tendered and Council approval will be sought in February/March 2014 to award a contract for its construction. Key Contact John Calder - Senior Project Manager Manager or Sponsor of Project Andrew Stuart - CEO Attachments 1. Overall Development Plan 14/002964 2. Wetlands Concept Plan 14/002966


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Attachment 1 to Item 12.1


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13. MAYOR’S REPORT

14. MEMBERS’ REPORT

15. QUESTIONS ARISING FROM COUNCIL MEETING


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16. CONFIDENTIAL REPORTS 16.1. REPORT TITLE: CONFIDENTIAL ITEM – INDEPENDENT

MEMBERS FOR THE STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE

DATE OF MEETING: 20 JANUARY 2014 FILE NUMBER: 32/085/015

Recommendation: Section 90 (3) (a) Order

1. Pursuant to Section 90(3)(a)

Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except the three General Managers and Acting General Manager Council Services, and the minute secretary be excluded from attendance at the meeting for the Agenda Item 16.1 titled Independent Members for the Strategic Planning and Development Policy Committee (SPDPC).

The Council is satisfied that pursuant to Section 90(3)(a) of the Act,

the information to be received, discussed or considered in relation to this agenda item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of applicants in that their identity and details of their credentials will be discussed.

The Council is satisfied that the principle that the meeting be

conducted in a place open to the public has been outweighed in the circumstances because of the undertaking to applicants that the process would be confidential.

Section 91(7) Order 3. Pursuant to Section 91(7) That having considered the Agenda Item titled Independent

Members for the Strategic Planning and Development policy Committee in confidence under 90(2) and 3(a) of the Local Government Act 1999, the Council pursuant to Section 91(7) of the Act orders that the Selection Panel report (attachment 2) be retained in confidence until 20 January 2015 however the Agenda Item including Attachment 1 but excluding Attachment 2 (and the attachments to it) would be publicly available following this Council meeting.


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01-20 January 2014 - Mount Barker District Council · Council Agenda 20 January 2014 Confidential...

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