Special Council Agenda Front Cover & TOC - City of Casey

Special Council Meeting
Tuesday 23 March 2010
Notice and Agenda of Meeting
to be held in the Council Chamber,
Magid Drive, Narre Warren
Commencing at 6.00p.m.
Vision for the future
Casey – Creating the most Caring, Safe,
Innovative and Sustainable City
Chairperson: Mayor Cr Lorraine Wreford
Members: Deputy Mayor Cr Shar Balmes
Councillor Geoff Ablett
Councillor Sam Aziz
Councillor Kevin Bradford
Councillor Simon Curtis
Councillor Beverley Hastie
Councillor Lynette Keleher
Councillor Daniel Mulino
Councillor Wayne Smith, JP
Councillor Amanda Stapledon
Chief Executive Officer: Mike Tyler

1. Reading of the Prayer
2. Statement of Acknowledgement
3. Apologies
ORDER OF BUSINESS
4. Declaration by Councillors of any Conflict of Interest or Personal Interests
pursuant to Sections 79 and 79B of the Local Government Act 1989 (the Act) in
any items on the Notice Paper. (Note that Section 79(2)(a)(i) of the Act requires
Councillors to disclose the nature of a Conflict of Interest or a Personal Interest
immediately before the relevant consideration or discussion). Section 79B also
requires that the Councillor declaring a Personal Interest must seek consent from
Council to be exempt from voting on the item.
5. Consideration of Officers’ Reports
§ Delivering and Maintaining Casey’s Infrastructure
6. Notices of Motion

INDEX TO DELIVERING AND MAINTAINING CASEY’S
INFRASTRUCTURE CASEY REPORT
23 March 2010
SECTION ITEM PAGE FILE WARD
Tender Report – Acceptance and Sealing
Planning &
Development
Services
(if applicable)
SUBJECT
1 1 C10044 Balla Balla Construction of the Athletics Pavilion
at Casey Fields, Cranbourne

INDEX TO NOTICES OF MOTION
23 March 2010
COUNCILLOR NO. PAGE WARD
(if applicable)
Notices of Motion
SUBJECT
Wreford 2332 1 Ombudsman’s Investigation of Cr Bradford

Delivering and Maintaining Casey's
Infrastructure
Tender Report – Acceptance and Sealing 23 March 2010
Planning & Development Services Item 1
Construction of the Athletics Pavilion at Casey Fields, Cranbourne Balla Balla
C10044 Peter Fitchett Council Plan Reference: 4.1
Purpose of Report: To report on tenders received for the Construction of the
Regional Athletics Pavilion at Casey Fields, Cranbourne, and
recommend acceptance and sealing of contract document.
Background
The contract for the construction of the Regional Athletics Pavilion at Casey Fields,
Cranbourne generally comprises of a 676 sqm building with the following components -
change rooms, amenities, function room, storage, terrace seating with shade sail cover;
foyer, canteen, timekeeper room and ancillary offices.
The contract is a Lump Sum Contract with all scheduled items of work included as part of
the total tender price submitted by the tenderer.
It is anticipated that the works will be completed within a 30 week period from the date of
acceptance of the tender.
Tenders closed on 17 th February 2010. Four tenders were received. Three related to the
total build and the fourth to the shade sail structures only. Following receipt of the initial
submitted tender price, interviews were conducted with the conforming tenderers and
supplementary information sought on the bid assumptions and cost breakdowns as reflected
in the final tender.
The tender information is as follows:
Tenderer Name
Submitted
Tender Price
Council Meeting Page 1
$
Final
Tender Price
$
General
Assessment
Ranking
Ducon Pty Ltd $2,507,400 $2,433,130 1
Cetalee Building Pty Ltd $3,350,201 $3,042,429 2
Contract Control Services Pty Ltd $3,477,393 $3,477,393 3
Mak Max Australia (shade sails only) $376,000 $376,000 4
Tender Evaluation
Tenders were evaluated by:
Duncan Turner Acting Manager Building Services
Stephen Fries, Consultant Project Manager
Damien Van Trier, Co-ordinator Casey Fields
Michael Thoms, Account Manager Tungsten
Tenders were evaluated in accordance with the tender evaluation criteria outlined in the
specification, codes of practice and good contract administration practice. The General
Assessment Ranking is the total score given to each tenderer after price and all other non
price selection criteria have been analysed and rated.

Delivering and Maintaining Casey's
Infrastructure
Tender Report – Acceptance and Sealing 23rd March 2010
Planning & Development Services Item 1
Construction of the Athletics Pavilion at Casey Fields, Cranbourne Cont.
The tender submitted by Ducon Pty Ltd is recommended to be the preferred tender.
Ducon Pty Ltd is currently completing the construction of the VFL Pavilion extension at
Casey Fields and has previously completed other building projects for the City of Casey to a
satisfactory standard including the Narre Warren South Tennis Pavilion in 2009 and the
Berwick Springs Sports Pavilion in 2008.
The Ducon Pty Ltd bid satisfactorily addressed the selection criteria on experience;
qualifications; management systems, quality of application; and financial capacity.
In addition the Ducon Pty Ltd bid represented the lowest bid both as initially submitted and
revised through the evaluation process.
Ducon Pty Ltd can commence this contract in April 2010.
Funding
The total budget allocated for the pavilion design and construction is $2,138,010. The
Athletics Pavilion forms part of the broader Casey Fields Development Project which has a
total budget of $9.345M for 2009/10 and 2010/2011. This includes Commonwealth
Government funding from the Regional Local Community Infrastructure Program (RLCIP).
There are potential cost savings to be achieved in other components of the Casey Fields
Development Project including on the Athletics Track; Civil Works; and Shade sails
construction (already confirmed at $120,000). In addition savings are forecast for the
Pavilion extension on Casey Fields Oval 2 and 3 (anticipated $130,000). These forecast
savings assist in offseting the additional (above budget) costs associated with the Athletics
Pavilion.
Recommendation
That Council award the tender for Contract No. C10038 for the Construction of
Regional Athletics Pavilion at Casey Fields, Cranbourne, to Ducon Pty Ltd, for the
sum of $2,433,130 and that the contract documents be signed and sealed.
Council Meeting Page 2

Notices of Motion 23 March 2010
Notice of Motion No. 2332
Ombudsman’s Investigation of Cr Bradford
Cr Wreford Council Plan Reference: 7.1, 7.2
I hereby give notice that at the Special Council Meeting on 23 March 2010 I intend to move
a motion as follows:
1. That Council notes that a report by Ombudsman Victoria, referred to as
Investigation into the disclosure of information by a councillor of the City of
Casey, has been tabled in Parliament, and that it makes the following
recommendations:
1) The Minister for Local Government consider the matters dealt within this
report and determine what action should be taken.
2) (The City of) Casey review its procurement processes and amend them where
necessary to preclude Councillors from membership of assessment panels
3) (The City of) Casey clarify the role of the MRA GP Run Organising Committee
and ensure that the participation of Councillors and non elected persons is
consistent with the provisions of the Local Government Act 1989.
2. That a report is made by officers to a Council meeting in April 2010 in relation to
the 2nd and 3rd recommendations of the Ombudsman relating to administrative
matters.
3. That, having regard to the Conclusions set out in the Ombudsman’s report in
relation to the conduct of Cr Bradford, and in particular:
• the inconsistency between statements made under oath by Cr Bradford and
evidence produced by the Ombudsman’s investigators (paras 78 and 87)
• the release of sensitive information by Cr Bradford (para 88)
• that Cr Bradford’s conduct was inconsistent with section 76D(1)(a) of the Local
Government Act, which relates to the misuse of the position of Councillor
(para 89)
• that Cr Bradford’s conduct was inconsistent with clause 6(2)(a) of the City of
Casey Councillor’s Code of Conduct (as it existed on 10 August 2009), which
relates to the use of information gained as a Councillor for a purpose other
than as a Councillor (para 89)
Council initiate the following:
3.1. Council advises the Minister for Local Government of its grave concern with
the conduct of Cr Bradford, and its apparent breach of the criminal provisions
of the Local Government Act as concluded by the Ombudsman, and requests
that the Minister takes the strongest possible action which would ultimately
lead to the disqualification of Cr Bradford to act as a Councillor.
3.2. Council refer the Conclusions set out in the Ombudsman’s report in relation
to the conduct of Cr Bradford to the Secretary of the Department of Planning
and Community Development, and request that the Secretary make an
application to VCAT under section 81E of the Local Government Act:
§ alleging gross misconduct by Cr Bradford
§ seeking disqualification of Cr Bradford from Council
Council Meeting Page 3

Notices of Motion 23 March 2010
Notice of Motion No. 2332
Ombudsman’s Investigation of Cr Bradford Cont.
and request that such application be made separately and regardless of any
action taken by the Minister for Local Government in relation to
Recommendation 1 of the Ombudsman’s report.
3.3. Should the Secretary not commit to make application to VCAT within 7 days of
Council's request being made, Council apply under section 81B of the Local
Government Act for a Councillor Conduct Panel to be established to consider
the Conclusions of the Ombudsman’s report in relation to the conduct of Cr
Bradford, and seeking a finding of misconduct by Cr Bradford.
3.4. That, should it be required, the application for a Councillor Conduct Panel
identify that, for the purposes of Section 81B(3)(b) of the Local Government
Act, the circumstances that are alleged as misconduct is conduct of Cr
Bradford that is in breach of section 76D(1)(a) and/or the Councillor Code of
Conduct in accordance with the Conclusions of the Ombudsman.
3.5. That, for the purposes of the Councillor Conduct Panel, Cr Aziz be appointed
as the representative of the Council in accordance with Section 81B(3)(d) of
the Local Government Act.
4. That, having regard to the seriousness of the Conclusions of the Ombudsman’s
report in relation to the conduct of Cr Bradford, Council requests Cr Bradford to
take leave of absence pending the consideration of the matter by a Councillor
Conduct Panel, VCAT, the Secretary of the Department, the Minister for Local
Government and any court that the subject matter of the Ombudsman's Report
may be referred to.
5. That Council’s appointment of Cr Bradford as its representative on the MRA
Cranbourne GP Run Organising Committee be withdrawn, and that he be replaced
by Cr …………
Council Meeting Page 4