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Minutes of the Finance, Ethics & Strategic Planning Committee Meeting held on Tuesday, 4 March 2008.
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PRESENT
Councillor Wakefield (Chair)
Crs Betts, Copeland, Kanak, Kay, Main and Strewe.
Cr Clayton and Ridyard were also in attendance.
At the commencement of proceedings at 7.37pm those present were as listed above.
F-0803.A
Apologies
Apologies were received and accepted from Cr Moscatt.
F-0803.DI
Declarations of Interest
The Chair called for Declarations of interest and the following was received:
1. Cr Wakefield declared a non–pecuniary interest in Item F-0803.6 - John Fairfax Publications Pty Ltd ‘City to Surf’ Fun Run Event at Bondi (A07/0453) Cr Wakefield informed the Committee that he lives in a street that might be affected by the Event.
F-0803.1
Bondi Summer Community Beach Bus (A07/0828)
Report dated 11 February 2008 from the Director, Corporate & Technical Services with an update on passenger numbers and community support for the Bondi Summer Community Beach Bus.
MOTION / DECISION (Main / Kay)
That Council:
1. Receive and note this report.
2. Authorise the Mayor and General Manager to support the State Transit Authority in its application for a Beach Bus service and make representations to State Members of Parliament.
F-0803.2
Incorporating Fair Trade Principles into Council’s Procurement Procedures
(A06/1368)
Report dated 24 February 2008 from the Director, Corporate & Technical Services about how principles of fair trade could be incorporated into Council’s procurement procedures as per Council’s resolution of August 2006.
MOTION / DECISION (Main / Kanak)
That Council:
1. Receive and note this report.
2. Note that an approach will be made to SSROC to consider whether there would be advantages in incorporating some or all of the principles of fair trade into tender and procurement documentation.
3. Develop an easy guide for tenderers and suppliers on how tendering and quotation decisions are made at Waverley Council and on how to submit compliant tenders and quotations.
4. Revise current statements used in our procurement processes including the Statement of Business Ethics.
5. Develop options for a statement of compliance to be completed by tenderers certifying their compliance with Australian statutory requirements for employment.
6. Include an overarching statement of commitment to the principles of fair trade in our procurement procedures and on our website.
7. Officers report back to Council on progress with the above.
F-0803.3
Tamarama Park Replacement of Kiosk Building – Consultant Selection (A07/1018)
Report dated 21 February 2008 from the Director, Recreation, Customer & Community Services about selection of the design consultant for a new kiosk building in Tamarama Park.
MOTION / DECISION (Strewe / Kanak)
That Council receive and note this report.
F-0803.4
17A Gardyne Street, Bronte – Non compliance with development consent
(DA 561/2004)
Report dated 25 February 2008 from the Director, Planning & Environmental Services regarding non compliance with development consent and proposed action.
MOTION / DECISION (Strewe / Copeland)
That:
1. Council seeks legal advice as to whether the matter should be referred to the Land & Environment Court or the Magistrate’s Court and / or a fine be issued.
2. The legal advice received includes an opinion on costs involved in taking legal action.
3. Council report the Private Certifier to the appropriate industry body if there is sufficient evidence.
F-0803.5
March Information Bulletin
Reports were provided in the March Information Bulletin distributed separately with the Agenda.
MOTION / DECISION (Strewe / Kanak)
That the March Information Bulletin be received and noted.
F-0803.6
John Fairfax Publications Pty Ltd ‘City to Surf’ Fun Run Event at Bondi (A07/0453)
Report dated 19 February 2008 from the Director, Public Works & Services regarding arrangements the Sun Herald City to Surf Fun Run held on the second Sunday of August each year.
MOTION (Wakefield)
That Council:
1. Receive and note this report.
2. Approve a three year (plus 1 year +1 year option) agreement for John Fairfax Publications Pty Ltd to hold the ‘City to Surf’ fun run event on the second Sunday of August commencing from 10 August 2008 subject to the following conditions:
(a). The agreement is approved by Minister of Lands.
(b). The number of event participants is capped at 55,000.
(c). The run is to commence no later than 9am and finish no later than 4pm.
(d). An event management plan consistent with the Bondi’s Christmas New Year Eve model is provided by 30 May 2008 and approved by the Divisional Manager, Bondi and Beaches in consultation with Bondi Beach Precinct Committee, Bondi Forum, Waverley Police, Transport Authorities and relevant Council staff.
(e). Under no circumstances are plastic cups to be used. All cups must be biodegradable. The Waste Management Plan must address issues of waste collection and minimisation.
(f). Fairfax promote the event as ‘alcohol free’, promote public transport and collaborate with local businesses in promoting Bondi’s the Town Centre.
3. Approve the event fee to be based on a cost recovery model to Council and that the pavilion hire fee is a separate fee determined annually based on use and determined using Council’s fees and charges policy.
4. Is to be formally acknowledged as a major supporter of the event.
5. Authorise the Divisional Manager, Bondi and Beaches to finalise negotiations with Fairfax regarding license agreement and event fee.
6. Authorise the General Manager in consultation with the Mayor to formalise and execute the license agreement with John Fairfax Publications Pty Ltd.
7. Advise the organisers of the Event that a return bus fare from Bondi Beach to Bondi Junction must be incorporated in the entry ticket.
AMENDMENT (Main / Kanak)
That Clause 2(b) which provides for the number of event participants to be capped at 55,000 be deleted.
THE AMENDMENT WAS PUT AND DECLARED LOST ON A SHOW OF HANDS 3/4.
RECOMMENDATION: That the Motion be adopted.
Cr Wakefield declared a non–pecuniary interest in this Item. Cr Wakefield informed the Committee that he lives in a street that might be affected by the Event.
F-0803.7
Visitor Management – Policy Statement on Tourism (A06/1755)
Report dated 22 February 2008 from the Director, Public Works & Services regarding the review of the Policy Statement on Tourism.
A copy of the Draft Policy Statement on Tourism was attached.
MOTION / RECOMMENDATION (Copeland / Strewe)
That:
1. Council receive and note the report from the Director, Public Works & Services on the review of the Policy Statement on Tourism March 2008.
2. Council agree to place the Draft Policy Statement on Tourism March 2008 on public exhibition for comment.
3. Council receive a further report on the Policy Statement on Tourism following the exhibition period.
4. Under the Policy Statement on page 50 of the agenda, move dot point 2 to dot point 1.
F-0803.8
Green Links Project (A04/1975)
Report dated 25 February 2008 from the Director, Planning and Environmental Services seeking formal consideration and endorsement of recommendations made by the Green Links Project Control Group in implementing the Green Links project.
MOTION / RECOMMENDATION (Strewe / Main)
That Council:
1. Receives and notes this report.
2. Acknowledge the successful dollar for dollar funding grant of $69,000, on top of a 2006 funding grant of $37,500 (totalling $106,500) through the Metropolitan Greenspace Program (MGP) for next financial year, and that Council agree to utilise these funds either to build the path and stairway connecting Francis Street and Forest Knoll Avenue or to renovate the old steps that connect Francis Street and Forest Knoll Avenue.
3. Adopt to undertake a community consultation strategy with neighbouring residents to the proposed path and stairway connecting Francis Street and Forest Knoll Avenue.
4. Agree that a further report be prepared for the May 2008 Council meeting, summarising the outcomes of the community consultation strategy.
MATTERS TO BE DEALT WITH IN CLOSED SESSION
Note from the General Manager: It is my opinion that the following business is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media.
In accordance with section 10A(2) of the Act, Council or a Committee of Council, of which all members are Councillors, may close part of its meeting to deal with business of the following kind:
(a) personnel matters concerning particular individuals.
(b) personal hardship of any resident or ratepayer.
(c) information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
(d) commercial information of a confidential nature that would, if disclosed:
i prejudice the commercial position of a person who supplied it; or
ii confer a commercial advantage on a competitor of Council;
iii reveal a trade secret.
(e) information that would, if disclosed, prejudice the maintenance of law.
(f) matters affecting the security of Council, Councillors, Council staff and Council property.
(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.
(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.
Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed.
F-0803.9
CONFIDENTIAL REPORT – Evaluation of Tender – Plumbing and Electrical Services (A06/2052)
Confidential report dated 26 February 2008 from the Director, Corporate Technical Services and Director, Public Works & Services regarding the findings from the Assessment Panel created to evaluate the tender for plumbing and electrical services.
This item is classified confidential under the provisions of Section 10A(2)(c) of the Local Government Act 1993 for the following reasons:
1. The report contains Information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
2. It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.
A copy of the Confidential Report was distributed separately with the Agenda.
Council decided not to go into Closed Session to consider this Item.
MOTION / RECOMMENDATION (Main / Kanak)
That:
1. Should Council decide not to deal with this matter in closed session, this report is to be treated as confidential in accordance with section 11(3) of the Local Government Act 1993.
2. Council accept the tenderer(s) Plumbers – Piperight, MBPS, Cornish Plumbing, Gollins, Pugin Electricians – Randall Electrical, Eastern Electrical, Gardiners Electrical, Cornish Electrical, CBD Electrical; for a period of 3 years with 2 x 1 year options, for the plumbing and electrical services panel and that Council enter into a Contract under Clause 178 of the Local Government (General) Regulation 2005.
3. Council grant the authority to the General Manager in conjunction with the Mayor to enter into contracts on behalf of Council with the recommended tenderer(s) for Plumbing and Electrical.
4. The unsuccessful tenderer(s) be notified of the Tender result.
F-0803.RM SUBMISSION OF RESCISSION MOTIONS
Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council's Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.
Rescission motions received before the close of a meeting will stay action to implement Council's decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council's Code of Meeting Practice.
Rescission motions received after the close of a meeting will not stay action on implementing Council's decision.
Rescission motions will generally be dealt with at the next Council meeting.
The Chair called for the submission of any rescission motions and none were received.
THE MEETING CLOSED AT 8.45PM
SIGNED AND CONFIRMED MAYOR
18 MARCH 2008
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