2017-10 - Council Minutes October 2017

Minutes of the Ordinary Meeting of West Tamar Council
held on Tuesday 17 October 2017
Table of Contents
Details Page
95/17 MINUTES ........................................................................................................................2
96/17 COUNCIL WORKSHOPS ...............................................................................................2
97/17 DECLARATIONS OF PECUNIARY INTEREST .............................................................2
COMMUNITY INPUT TIME ............................................................................................2
98/17 GEN MAN 1 GENERAL MANAGER'S REPORT: APPOINTMENT OF COMMITTEE
REPRESENTATIVES .....................................................................................................3
99/17 CORP 1 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 1 BEACH ROAD,
LEGANA FOR OUTSTANDING RATES - OWNER ESTATE OF L C SMITH ...............5
100/17 CORP 2 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 6 ERNEST STREET,
BEAUTY POINT FOR OUTSTANDING RATES - OWNERS R J CROFT AND A J
GREEN ...........................................................................................................................8
101/17 CORP 3 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT TATTERSALLS
ROAD, BEACONSFIELD FOR OUTSTANDING RATES - OWNER D PERIC ........... 11
102/17 CORP 4 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED LAND AT
LOT 1 ATKINSONS ROAD, LEGANA ......................................................................... 14
103/17 CORP 5 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED LAND AT
PAPER BEACH ROAD, SWAN POINT ....................................................................... 17
104/17 CORP 6 MANAGER CORPORATE REPORT: CODE FOR TENDERS AND CONTRACTS
REVIEW ....................................................................................................................... 20
105/17 INFRA 1 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR WELD STREET,
BEACONSFIELD (STAGE 2B) - RECONSTRUCTION & STREETSCAPE
IMPROVEMENT CONTRACT WTC 23/2017 (RE-TENDERED) ................................ 46
106/17 INFRA 2 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR RESEALING PROGRAM
2017/2018, CONTRACT WTC 26/2017 ...................................................................... 49
107/17 INFRA 3 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR SUPPLY AND
DISPOSAL OF A ROAD MAINTENANCE TRUCK ..................................................... 52
108/17 CNCL 1 CR RICK SHEGOG MOTION: GRAVELLY BEACH FORESHORE DEVELOPMENT .
- OPTION REPORT ESTIMATED COSTINGS ........................................................... 54
17 October 2017
Minutes of the Ordinary Meeting of the West Tamar Council held at the Council Chambers, West
Street, Beaconsfield on Tuesday 17 October 2017 at 1.30pm.
PRESENT: Acting Mayor Joy Allen and Councillors Carol Bracken, Lynden Ferguson,
Richard Ireland Peter Kearney OAM, Geoff Lyons OAM, Rick Shegog and Tim
Woinarski.
LEAVE OF
ABSENCE: Mayor Christina Holmdahl.
APOLOGIES: Nil.
IN ATTENDANCE: Rolph Vos (General Manager), David Gregory (Manager Corporate), Greg
Ingham (Manager Infrastructure), Michele Gibbins (Manager Community),),
Diane Sheppard (Personal Assistant) and Kristie Giblin (Media
Communications Officer),
95/17 MINUTES
Moved Cr Lyons seconded Cr Woinarski that the minutes of the meeting held
on 19 September 2017 be received and confirmed.
For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

& Woinarski.
Against: Nil.
CARRIED 8/0
96/17 COUNCIL WORKSHOPS
Workshop 03/10/2017: Montague Orchard Subdivision - Public Open Space, Town Entrance
held prior to Statement Policy, Trail Strategy & Rate relief on abandoned land.
Council
meeting day:
9.00am - Future Development of Tamar Cove, Beauty Point (Fanny Cheuk)
10.00am - Beauty Point Foreshore Landscape Project 2017 (Carl Turk & Miriam Shevland)
11.00am - Tas Police - Update (Inspector Scott Flude & Commander Brett Smith)
11.30am - Property Sales (David Gregory)
11.50am - Beaconsfield Mens Shed Update (Greg Ingham)
97/17 DECLARATIONS OF PECUNIARY INTEREST
CORP 4 Rate Remission - Abandoned land at Lot 1 Atkinsons Road, Legana

Cr Tim Woinarski
COMMUNITY INPUT TIME
Nil.
2
17 October 2017
98/17 GEN MAN 1 GENERAL MANAGER'S REPORT: APPOINTMENT OF COMMITTEE

REPRESENTATIVES
1) Introduction
The purpose of this report is for council to determine membership of two

committees, the Frankford Memorial Hall & Recreation Ground Committee
and the Exeter Improvement Committee.
2) Background
At its meeting held on 20 December 2016 council passed a motion appointing

elected member as representatives for the committees and development
units. Councillor Bracken was appointed to the Frankford Memorial Hall &
Recreation Ground Committee and Councillors Bracken and Kearney were
appointed to the Exeter Improvement Committee.
Unfortunately Councillor Bracken has advised that due to personal

circumstances she wishes to resign her position on both of these committees.
Nomination for these positions were called for via email on the 3rd of October.
Councillor Rick Shegog has nominated for both committees.
As these are Council appointments the matter is brought to Council for

decision.
3) Strategic/Annual Plan/Council Policy
Not applicable.
4) Statutory Requirements
Not applicable.
5) Government Departments
Not applicable.
6) Community Consultation
Committee representation arises from community requirements.
7) Alternative Options
Not applicable.
8) Financial Impact
Not applicable.
9) Officers Comments
With the resignation of Councillor Bracken from these committees and the
nomination and willingness of Councillor Shegog to take up the positions, it is
a simple matter of Council resolving to endorse the appointment.
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17 October 2017
These appointments will complement the spread of representations which

currently exist and will remain in place until the next council elections
scheduled for October 2018.
Rolph Vos
GENERAL MANAGER
DECISION
Moved Cr Lyons seconded Cr Woinarski that Council endorse the
appointment of Councillor Rick Shegog as representative on the Frankford
Memorial Hall & Recreation Ground Committee and the Exeter Improvement
Committee for the remainder of the term of this Council.

& Woinarski.
Against: Nil.
CARRIED 8/0
4
17 October 2017
99/17 CORP 1 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 1 BEACH

ROAD, LEGANA FOR OUTSTANDING RATES - OWNER ESTATE OF L C
SMITH
1) Introduction
The purpose of this report is for council to approve the sale of the property for
rates that have been outstanding for 3 years or more.
2) Background
The property at 1 Beach Road, Legana consists of land, a brick veneer house,
and outbuildings. The parcel of land is described in certificate of title 81863/54
which indicates the existence of a registered mortgage over the property. The
property is in the name of the Estate of L C Smith.
The subject land area is approximately 835 m2 and zoned General Residential
under the 2013 Interim Planning Scheme.
5
17 October 2017
Rates and charges have been outstanding on the property since April 2010
with the last payment made in July 2010. The total amount outstanding at the
date of writing is $11,791.23 with this amount increasing with the addition of
daily interest.
The deceased owner of the property, Ms Smith, passed away in 2010.

Council has attempted to gain information on settlement of the estate at
various times with no success. Our enquiries have revealed that Ms Smiths
partner has tenanted the property since her passing. The partner recently
confirmed that the estate had not yet settled and all correspondence in relation
to settlement was being sent to Ms Smith's daughter and solicitor who are
both interstate. Ms Smiths partner advised that he had been forwarding
correspondence from council onto Ms Smiths daughter.
An Intention to Sell was issued to the property address on 1 September 2017

and a copy sent to Ms Smiths daughter. In a subsequent telephone
conversation Ms Smiths daughter indicated that Council would need to sell
the property as there is no capacity to pay the outstanding rates and charges.
Not applicable.
Section 137 of the Local Government Act 1993 permits council to auction the
property where the amount payable by way of rates has been outstanding for
3 years or more.
Council must serve a notice on the ratepayer and advertise the matter on at
least 2 occasions in the local daily newspaper. If the outstanding amount is
not paid within 90 days, council may proceed to sell the property.
Not applicable.
Council is required to advertise the matter pursuant to Section 137 (5) of the
Local Government Act 1993.
Not applicable.
8) Risk Assessment
Not applicable.
9) Financial Impact
It is expected that total outstanding rates and associated costs would be

recovered through a successful sale of the property. In accordance with the
Local Government Act 1993 any residual funds remaining from the sale of the
property are to be held in trust by Council for a period of 3 years and if not
claimed by the owner then become vested in Council.
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17 October 2017
Rate arrears have been accumulating for considerable time and recovery
efforts by Council officers and our collection agency have been unsuccessful.
We have been unable to identify any party who has ultimate responsibility for
the affairs of the estate and it is apparent that recovery of the outstanding
rates from related parties is not viable. The sale of the property seems the
only alternative to forcing resolution of this matter.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Woinarski seconded Cr Ferguson that Council resolves pursuant to
Section 137 of the Local Government Act 1993, that should the outstanding
rates and charges on the land at 1 Beach Road, Legana described in
Certificate of Title Volume 81863 Folio 54 in the name of Estate of L C SMITH
not be paid within 90 days of the service of a notice under Section 137 (3), the
property be sold by public auction.

& Woinarski.
Against: Nil.
CARRIED 8/0
7
17 October 2017
100/17 CORP 2 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 6 ERNEST

STREET, BEAUTY POINT FOR OUTSTANDING RATES - OWNERS R J
CROFT AND A J GREEN
1) Introduction
The purpose of this report is for Council to approve the sale of the property for
2) Background
The property at 6 Ernest Street, Beauty Point consists of land, a PVC

weatherboard house and outbuildings. The parcel of land is described in
certificate of title 220263/187. The property is in the names of the Ruby Jane
CROFT and Alfred John GREEN.
The subject land area is approximately 920 m2 and zoned General Residential
8
17 October 2017
Rates and charges have been outstanding on the property since January 2008
with the last payment made in December 2007. The total amount outstanding
at the date of writing is $12,652.59 with this amount increasing with the
addition of daily interest.
The certificate of title indicates that the Commissioner of State Revenue

registered a caveat on the property in December 2007, most likely as a result
of unpaid land tax. A further caveat for unknown reasons has been lodged on
the title by an individual.
Council officers had been in contact with solicitors related to this property for
a number of years. Earlier recovery action had been deferred as it was
understood the property had been part of a disputed estate. However recent
attempts by council officers and collection agents to obtain contact from the
solicitors or occupiers have been unsuccessful. Subsequently an Intention
to Sell letter was issued on 1 September 2017. There has been no response
to this letter.
Not applicable.
3 years or more.
Not applicable.
Not applicable.
8) Risk Assessment
Not applicable.
9) Financial Impact

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17 October 2017
This has been a long outstanding matter and the lack of any recent
communication from interested parties suggests that the most viable action
remaining for Council would be to approve the sale of the property.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Kearney seconded Cr Shegog that Council resolves pursuant to

rates and charges on the land at 6 Ernest Street, Beauty Point described in
Certificate of Title Volume 2202637 Folio 187 in the name of Ruby Jane
CROFT and Alfred John GREEN not be paid within 90 days of the service of
a notice under Section 137 (3), the property be sold by public auction.

& Woinarski.
Against: Nil.
CARRIED 8/0
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17 October 2017
101/17 CORP 3 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT

TATTERSALLS ROAD, BEACONSFIELD FOR OUTSTANDING RATES -
OWNER D PERIC
1) Introduction
The purpose of this report is for Council to approve the sale of the property for
2) Background
The property at Tattersalls Road, Beaconsfield consists of a vacant land. The

parcel of land is described in certificate of title 210299/1. The property is in the
name of Drago PERIC.
The subject land area is approximately 146,700 m2 and zoned Rural Resource
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17 October 2017
Rates and charges have been outstanding on the property since September
2012 when the last payment was recorded. The total amount outstanding at
the date of writing is $1,142.99 with this amount increasing with the addition
of daily interest.
The certificate of title indicates that the Commissioner of State Revenue

registered a caveat on the property in May 2013, most likely as a result of
unpaid land tax.
In 2014 Council officers received unofficial advice that the property owner had
passed away. There has been no formal advice to confirm this.
All attempts by officers and our collection agency to make contact with an
interested party have been unsuccessful. Subsequently an Intention to Sell
letter was issued on 1 September 2017. There has been no response to this
letter.
Not applicable.
3 years or more.
Not applicable.
Not applicable.
8) Risk Assessment
Not applicable.
9) Financial Impact

12
17 October 2017
All attempts to locate an interested person have been unsuccessful and

therefore recovery strategies are very limited. Sale of the property is seen as
the best alternative available.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Ireland seconded Cr Woinarski that Council resolves pursuant to

rates and charges on the land at Tattersalls Road, Beaconsfield described in
Certificate of Title Volume 210299 Folio 1 in the name of Drago PERIC not be
paid within 90 days of the service of a notice under Section 137 (3), the
property be sold by public auction.

& Woinarski.
Against: Nil.
CARRIED 8/0
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17 October 2017
Cr Tim Woinarski declared a pecuniary interest and left the meeting at 1.40pm.
102/17 CORP 4 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED

LAND AT LOT 1 ATKINSONS ROAD, LEGANA
1) Introduction
This report is recommending the remission of previous and future rates and
charges on a parcel of land located at 1 Atkinsons Road, Legana until legal
responsibility for the land can be established through transfer or sale of the
land. Furthermore the report is seeking amendments to a previous Council
decision related to the subject property.
2) Background
Lot 1 Atkinsons Road, Legana is vacant land that primarily consists of an

earthen dam for water storage. The subject land is described in certificate of
title 146577/1. The property is in the name of James St Clair BULMAN, Horace
Knowles GERRARD, Cyril HORTON and Clive Spicer MORSE, all of whom
are presumed to be deceased.
The subject land is land-locked and has shared boundaries with 3 adjacent
properties. It is understood the dam was originally built as a shared water
storage for nearby properties and there is evidence of legal water rights being
established with a number of properties. It is not known if these historic water
rights still attach to the subject land or how many nearby properties may still
use this water source.
The land was first valued in 2008 which then created an obligation on Council
to raise rates and charges. These rates and charges remain unpaid with an
outstanding balance of $3,915.09 at the time of writing - a significant portion
of this being interest charges.
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17 October 2017
Council approved the sale of the property for unpaid rates on 21 February
2012 with a delegation to the General Manager to negotiate a sale to one of
the adjacent property owners. Specifically Council approved that:
the property may be sold by direct sale to any one of the adjoining landowners
following a request for offers and subject to the following conditions:
1. Approval is delegated to the general manager to negotiate the highest
sale amount to include the unpaid rates on the land;
2. all associated costs for the transfer, including councils costs to be the
responsibility of the purchaser;
3. the title being dissolved and consolidated with the purchasers adjoining
freehold; and
4. council not being required to undertake a survey, any works or meet any
costs or other responsibilities associated with the land or the transfer.
While there was some interest shown by adjoining property owners it was
indicated that the requirement to pay the rates arrears as well as all survey
and transfer costs may have inhibited any potential sale. The matter remains
unresolved.
One of the adjacent owners has again expressed an interest in the subject
land but is not willing to pay the outstanding rates. They claim to have
maintained and managed the water resource for a number of years and are a
user of the water supply.
The land has no strategic significance for Council.
S129 (4) of the Local Government Act 1993 provides that a council, by
absolute majority, may grant a remission of all or part of any rates, penalty or
interest. Similarly S207 provides that a council may remit all or part of any fee
or charge paid or payable under this Division.
Not applicable
Adjoining owners will be engaged in relation to the potential sale and transfer.
As there is no ready access the land is considered unsaleable to any party

other than one of the adjoining property owners. Council could maintain the
status quo however based on previous communication with the adjoining
property owners there is very little likelihood of recovering any of the rates and
charges levied on this property.
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17 October 2017
8) Risk Assessment
No foreseen risks.
9) Financial Impact
The outstanding rates and charges seem unrecoverable so no significant

financial impact from Council approving the remission is expected. Depending
on the outcome of future negotiations Council may incur some legal costs.
The ongoing levying of rates and charges to this property is not considered
worthwhile until such time a party can be held legally responsible for payment.
To help resolve this issue Council is being asked to approve the write-off of
all outstanding rates and charges and ceasing future levying of rates and
charges until such time as the land can be transferred. This action is expected
to increase the potential for a successful negotiation of a transfer to one of the
adjoining land owners.
If the recommendation is supported the previous motion adopted by Council

could stand as the unpaid rates referred to in point 1 become $nil. However
the removal of the third condition may be beneficial to remove the additional
cost that would be incurred in implementing the title consolidation.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Kearney seconded Cr Ferguson that Council approves:
the remission of previously raised rates and charges on the property at
Lot 1 Atkinsons Road, Legana as described in certificate of title
146577/1;
the remission of all future rates and charges raised against the subject
property until such time as corresponding title is extinguished or
transferred; and
the deletion of condition 3 from its decision of 21 February 2012 relating
to the sale of the subject property.
For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons & Shegog.
Against: Nil.
CARRIED 7/0
Cr Tim Woinarski returned to the meeting at 1.42pm.
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17 October 2017
103/17 CORP 5 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED

LAND AT PAPER BEACH ROAD, SWAN POINT
1) Introduction
This report is recommending the remission of previous and future rates and
charges on a parcel of land located at Paper Beach Road, Swan Point until
legal responsibility for the land can be established through transfer or sale of
the land.
2) Background
The parcel of land at Paper Beach Road, Swan Point as described in CT

246743/1 is a long strip of vacant land running from Paper Beach Road
through to the Crown foreshore reserve. The property is in the name of RF
and MR LAW, A H CHAMPION and RM GREEN, all of whom are presumed
to be deceased.
The title contains the following Burdening Easement which basically dedicates
the land for use as a reserve by neighbouring properties:
BURDENING EASEMENT: and free right and liberty for the owners and occupiers for
the time being of Lots 1, 2,4, 5, 6, 7, 8, 9, 11, 13,14, 15, 17, 19, 21, 23, 24, 25, 26, 27,
28, 29, 30, 32 and Lots C.D.E.F.G.H.I.J. and portion of K shown on Plan No. 94372
(herein called "the said Lots") and his and their families and servants for use for the
purpose of recreation only the land herein comprised which is intended to be
dedicated as a Reserve for those purposes and which is marked in the said Plan in
red ink "Recreation Reserve".
Unfortunately the reserve has never been formally transferred to either the
Crown or Council and remains in the name of the original developers. The
land was first valued in 2008 which then created an obligation on Council to
raise rates and charges. These rates and charges remain unpaid with an
outstanding balance of $2,528.39 at the time of writing, a significant portion of
this being interest charges.
There is informal advice that Parks and Wildlife had previously had an
association with the land, however this no longer exists and advice from
Crown Land Services is that they would not be interested in the land.
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17 October 2017
The land has no strategic significance for Council.
S129 (4) of the Local Government Act 1993 provides that a council, by
absolute majority, may grant a remission of all or part of any rates, penalty or
interest. Similarly S207 provides that a council may remit all or part of any fee
or charge paid or payable under this Division.
Not applicable.
Adjoining owners will be engaged in relation to any potential transfer.
Council could maintain the status quo however there is little likelihood of
recovering any of the rates and charges levied on this property until a transfer
is made.
8) Risk Assessment
No foreseen risks.
9) Financial Impact
The outstanding rates and charges seem unrecoverable so no significant

financial impact from Council approving the remission is expected. Depending
on the outcome of future negotiations Council may incur further legal costs.
18
17 October 2017
The ongoing levying of rates and charges to this property is not considered
worthwhile until such time a party can be held legally responsible for payment.
Council officers do not believe Council should attempt to obtain control of the
land as there would be substantial initial and ongoing maintenance costs and
the land does not connect with other Council controlled reserves.
Officers have sought legal assistance to investigate the subject land

ownership and provide some guidance on possible steps for assigning
responsibility for the land. This may be a lengthy process and in the interim
there is no identifiable party responsible for paying rates. Subsequently
Council is being asked to approve the write-off of all outstanding rates and
charges and ceasing future levying of rates and charges until such time as the
land can be transferred.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Lyons seconded Cr Woinarski that Council approves:

the remission of outstanding rates and charges raised on the property at
Paper Beach Road, Swan Point as described in CT 246743/1; and
the remission of all future rates and charges raised against the subject
property until such time as corresponding title is extinguished or
transferred.

& Woinarski.
Against: Nil.
CARRIED 8/0
19
17 October 2017
104/17 CORP 6 MANAGER CORPORATE REPORT: CODE FOR TENDERS AND

CONTRACTS REVIEW
1) Introduction
The following report seeks Councils approval of proposed amendments to the

Code for Tenders and Contracts.
2) Background
At its March meeting Councils Audit Panel was asked to review the
procurement of two electricity supply contracts where the process may not
have been compliant with Councils Code for Tenders and Contracts.
The first contract was the renewal of a contract covering Councils 3 largest
sites (Riverside swimming pool, Windsor Community Precinct and Riverside
offices) and was entered into with the previous supplier Aurora Energy. This
contract is for a 2 year period.
The second contract was to supply Councils other sites and has been entered
into with ERM. This contract is also for a 2 year period but can be cancelled
at any time.
Both contracts followed an open tender process that was overseen by an

energy consultant engaged by Council. The issue of compliance arises as the
individual contracts are both expected to be valued at greater than $100,000
per annum when all the sites are aggregated together. According to our policy
all public tenders received for the provision of goods or services valued in
excess of $100,000 must be the subject of a council meeting agenda item for
a decision by Council.
Prior Council approval was not obtained as the prices offered by the suppliers
were only valid for a short period of time and did not allow sufficient time for
the proposal to be considered by a scheduled or special meeting of Council.
The Audit Panel was understanding of the predicament and accepting of the
steps followed by Council officers in entering into these contracts. It was
recognised that this process allowed for the best outcome when dealing in the
contestable energy supply market.
The Panel recommended that Council consider the formation of an

Expenditure Review Committee or similar to review and provide expedient
approval of similar future procurement situations. This recommendation was
considered at the Council workshop on 15 August 2017 where, in lieu of the
formation of a committee, it was suggested a circulating approval process be
established. This would ensure all elected members had an opportunity to
review the recommended procurement action if desired.
Accordingly Councils Code for Tender and Contracts has been amended to
accommodate this suggestion and is now attached for Councils
consideration. There are 2 proposed changes to the Code, these being:
1. the addition of the following to the first paragraph of Section 3.1:
20
17 October 2017
or through the engagement of a consultant to manage a tender process for

the purchase of specialised goods or services (e.g. the supply of electricity).
2. The addition of the following to section 6.2:
The following process is to be implemented where a tender for the provision

of goods and services in excess of $100,000 needs to be accepted prior to a
scheduled meeting of council, e.g. where price offerings are only available for
a short period. On these occasions:
council approval will be sought via the electronic circulation of a
recommendation from the General Manager;
unless otherwise stated councillors will be given 48 hours from the time
the recommendation is circulated to provide a response;
where a response is not received within the required 48 hour period it
will be taken as being in support of the recommendation;
the General Manager is authorised to accept the tender on behalf of
council if the majority of councillors are deemed to be in support of the
recommendation.
The recommended changes are highlighted in the attached draft (Attachment

1).
The Code for Tenders and Contracts supports the Council's Strategic Plan
program objective to provide sustainable and responsible financial
management of the communitys resources.
Section 333B of the Local Government Act 1993 outlines the requirement for
the adoption and review of a code relating to tenders and contracts.
Furthermore the Local Government (General) Regulations 2015 include a
number of provisions relating to procurement of goods and services and the
principles that should be included in a code.
Not applicable.
Not applicable.
Council could choose not to accept recommended changes or could choose

to make further amendments.
8) Risk Assessment
The Code for Tenders and Contracts establishes commitment, processes and
expectations that increase transparency and accountability and therefore
helps reduce the potential for inappropriate procurement.
21
17 October 2017
9) Financial Impact
Nil.
The proposed amendments have been reviewed and endorsed by the Audit
Panel which has recommended adoption of the amended code.
David Gregory
MANAGER CORPORATE
DECISION
Moved Cr Ireland seconded Cr Bracken that Council approves the

recommended amendments and adopts the West Tamar Council Code for
Tenders and Contracts as presented.

& Woinarski.
Against: Nil.
CARRIED 8/0
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105/17 INFRA 1 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR WELD

STREET, BEACONSFIELD (STAGE 2B) - RECONSTRUCTION &
STREETSCAPE IMPROVEMENT CONTRACT WTC 23/2017 (RE-
TENDERED)
1) Introduction
The purpose of this report is to consider the tenders received for the next
stage of Weld Street, Beaconsfield - Reconstruction and Streetscape
Improvement (Re-Tendered). Due to budget limitations tender was re-
advertised with a reduced scope of works.
2) Background
Weld Street is currently undergoing progressive reconstruction and

streetscape improvements of the parking lane, kerbs, footpaths and street
furniture between Shaw Street and West Street.
This is the second stage of the streetscape improvement works on the

northwest side and will go from No.137 Weld Street to the corner of
Shaw/Weld Street, following the same pattern as the previous stages. As part
of this tender the scope of works include kerbing, car-park & footpath works
along Shaw Street between the Chemist and the Doctors Surgery to tidy up
the well-used section.
This project went to tender and was publicly advertised on Tenderlink and two
(2) contractors submitted conforming tenders which are listed below, both
prices are GST inclusive.
Crossroads Civil Contracting P/L $156,484 conforming

J & J M Williams $159,940 conforming
3) Strategic/Annual Plan
The proposed upgrade works are part of the approved Capital Works Program
for the 2017/18 financial year.
Tenders have been invited as required by section 333A of the Local

Government Act, and in accordance with Statutory Rule 64 of 2005. As prices
exceed $100,000 they are brought to Council for approval.
Not applicable.
Not applicable.
46
17 October 2017
7) Financial Impact
The Capital Works Program has allocated $140,000 exc. GST for this stage
of the work. The 2017/2018 Capital Works Program will be adjusted to
accommodate the budget shortfall. Any project savings realised can also be
used to cover the cost shortfall.
Council is not bound to accept the lowest priced tender and may accept any
tender which it considers to be the most advantageous.
Alternative options are:

Award the contract to the lowest price tenderer.
Accept one of the higher priced tenders.
Not accept a tender.
9) Risk Management
Contract risk to Council.

The risk to Council from action of the Contractor or failure of the
contract has been minimised by the following actions:
- The contractor is to be an established civil contractor who has
successfully completed similar projects for Council.
- The suppliers listed in the tender submission are recognised
businesses who have supplied similar products to Council
contractors in the past.
- The contractor is required to provide full insurance details prior to
starting work on the contract.
- The contractor is required to install traffic management installed in
accordance with the Australian Standard AS 1742.3-2009 for
Traffic Management as specified in the Contract Documents.
10) Asset Management
The kerb and footpath are deteriorating and drainage is lacking. Asset
replacement and upgrading will renew the service life and improve the amenity
in this commercial area.
The two tenderers are well known to Council and are both capable of carrying
out the work to a high standard. They have both constructed a stage on the
opposite side of the street.
The lowest priced tender ($142,258 exc. GST) received was the conforming
bid from Crossroads Civil Contracting and they are able to commence the
work relatively soon. It is considered they can be recommended.
The remaining tender ($145,400 exc. GST) from J & J M Williams was
reviewed and there is not considered to be any financial or quality of work
advantage in further considering the higher priced bid.
47
17 October 2017
The tendered works included the replacement of a failing earthenware pipeline

running under the new car-park which was not budgeted for in the initial
estimate.
Greg Ingham
MANAGER INFRASTRUCTURE
DECISION
Moved Cr Lyons seconded Cr Ferguson that Council accept the tender of

Crossroads Civil Contracting Pty Ltd Contract WTC 23/2017 (re-tendered) for
the Reconstruction and Streetscape Improvements in Weld Street,
Beaconsfield for $156,484 inc. GST.

& Woinarski.
Against: Nil.
CARRIED 8/0
48
17 October 2017
106/17 INFRA 2 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR RESEALING

PROGRAM 2017/2018, CONTRACT WTC 26/2017
1) Introduction
The purpose of this report is consider tenders received for the resealing
program for the 2017/2018 financial year.
2) Background
The reseal program contract this year consists of approximately 15,300 m2 of

sprayed bitumen reseals and 10,000 m2 of asphalt reseal at various streets
and roads throughout the municipality.
An amount of $340,000 has been set aside in this years capital works budget
to undertake the above reseals and is inclusive of preparation works to be
undertaken by Councils Works Department and/or contractors and line
marking renewal estimated to cost $72,000 in total.
Tenders for this contract were advertised and 3 contractors submitted tenders.
The tenders received were:
Tenderer Price
Crossroads Civil P/L $254,852.25
Hardings Hotmix P/L $322,134.00
Venarchie Div of Fulton Hogan Ind. P/L $337,280.46
All tenders are inclusive of GST.
The reseal program will be undertaken during the summer months January -
February 2018.
3) Strategic/Annual Plan
The reseal program is a part of the current Capital Works Program.
Tenders have been invited as required by Section 333A of the Local

Government Act, and in accordance with Statutory Rule 64 of 2005. As the
tender is over $100,000 it is brought to Council for approval.
Not applicable.
Not applicable.
49
17 October 2017
7) Financial Impact
An amount of $340,000 was allocated in the 2017/2018 financial year capital

works budget to carry out this work. The tenders received plus preparation and
supervision are within the budget allocation.
Council is not bound to accept the lowest priced tender and may accept any
tender which it considers to be the most advantageous.
Alternative options are:
Award the contract to another contractor
Not accept a tender
9) Risk Management
There are two main areas of risk to Council:
1) Risk to road users.

The risk to road users will be reduced by the proposed works due to:
- Improved traction on the new wearing surface.
- Reduced incidence of potholes and other surface imperfections.
2) Contract risk to Council.

The risk to Council from action of the Contractor or failure of the
contract has been minimised by the following actions:
- The contractor is a known sealing contractor who has successfully
completed similar contracts for West Tamar Council in the past.
- The contractor is required to provide full insurance details prior to
starting work on the contract.
- The traffic management will be installed in accordance with the
DIER Code of Practice for Traffic Management as specified in the
Contract Documents.
10) Asset Management
Council owns and manages 305 km of sealed roads which are a mixture of
hotmix asphalt and sprayed bitumen surfaces. The asset management plan
assigned a useful service life of 20 years for sprayed seals and 30 years for
asphalt. In order to keep roads safe and serviceable and to keep water out of
the gravel base, it is necessary to progressively reseal the older road surfaces
each year as they reach the end of their effective service life.
The tenders were submitted by experienced sealing contractors all of whom

are capable of carrying out the work to the required standard.
In this instance it is considered that there is no financial or quality of work

advantage in accepting other than the lowest tender.
Greg Ingham
50
17 October 2017
DECISION
Moved Cr Woinarski seconded Cr Ireland that Council accept the tender of

Crossroads Civil Contracting Pty Ltd for Contract WTC 26/2017, Resealing
Program 2017/2018, in accordance with their submitted schedule of rates, for
the estimated cost of $254,852.25 inclusive of GST.

& Woinarski.
Against: Nil.
CARRIED 8/0
51
17 October 2017
107/17 INFRA 3 MANAGER INFRASTRUCTURE REPORT: TENDERS FOR SUPPLY AND

DISPOSAL OF A ROAD MAINTENANCE TRUCK
1) Introduction
The purpose of this report is to consider the tenders received for the supply and
disposal (sale) of a road maintenance truck.
2) Background
Tenders were called in September 2017 for the supply of a new road
maintenance truck and the disposal (sale) of Councils existing truck, an Isuzu
FVD1000 road maintenance truck. The tender allowed for purchase only offers.
Council received two trade and purchase tenders from two suppliers as listed
below. Prices below are exclusive of GST and include all specified accessories.
Note: Net price excludes on road costs.
Model/Body Supplier Cost Trade Net

Isuzu/Ausroad Ausroad P/L $337,623 $43,182 $294,441
Isuzu/Flocon Webster Isuzu $270,284 $47,272 $223,012
One purchase only offer of $46,364 (ex GST) was also received.
Accepting the supply and trade from Webster Isuzu at the cost of $270,284 (ex
GST) less trade of $47,272 (ex GST) would result in a net cost of $223,012 (ex
GST) which is within the plant purchase budget.
Replacing the Isuzu road maintenance truck contributes to council meeting its
Strategic Plan goal of providing and maintaining an efficient and effective
infrastructure network and the Annual Plan objective to maintain the transport
network to a safe and serviceable standard.
Not replacing a major item of plant such as a road maintenance truck in a

planned financial year only passes the cost to another year and ultimately
compromises the trade value.
Tenders have been invited in accordance with the requirements of section 333A
of the Local Government Act and in accordance with Statutory Rule 64 of 2005.
West Tamar Councils code for tenders and contracts requires purchasers
above $100,000 to be publically advertised and brought to Council for approval.
Not applicable.
52
17 October 2017
6) Community consultation
Consultation was undertaken with Council truck operators and the Fleet
Supervisor.
Replacement of the road maintenance truck could be deferred, however it has

reached its scheduled replacement time and deferring its replacement will lead
to lower trade-in values and put added pressure on future budgets.
The current plant replacement program has been developed taking into account
optimum changeover allowing for a reasonable spread of costs over several
years to replace plant and equipment. This is reflected in the higher than
expected trade prices.
Council is not bound to accept the lowest price or any tender.
8) Financial Impact
The 2017/18 budget allocation to replace the road maintenance truck this
financial year allowed $275,000 (ex GST) for purchase, and a trade of $50,000
(ex GST) resulting in a net cost of $225,000 (ex GST).
The Manager Infrastructure and Fleet Supervisor evaluated the tenders against
the criteria listed in the tender specifications.
Isuzu trucks and Flocon built road maintenance bodies have a proven track
record in Australian construction conditions and within councils own fleet.
Greg Ingham
DECISION
Moved Cr Kearney seconded Cr Ferguson that Council accept the tender of

Webster Isuzu for the supply of a new Isuzu Truck with a Flocon Body along
with the trade on Councils existing unit for the net sum of $223,012 (ex GST)
(ex on roads).

& Woinarski.
Against: Nil.
CARRIED 8/0
53
17 October 2017
108/17 CNCL 1 CR RICK SHEGOG MOTION: GRAVELLY BEACH FORESHORE

DEVELOPMENT - OPTION REPORT ESTIMATED COSTINGS
1) Motion
That Council adopts the presented option D as a further stage in the

development of the Gravelly Beach foreshore to enable detail design and
planning approvals to begin.
2) Background
The Gravelly Beach foreshore had been identified as an important community

open space and recreational facility by the West Tamar Council and the
community. The Gravelly Beach Foreshore Beautification and Recreation
Committee was recognised as a special committee of Council. The community
have undertaken several projects over the years, particularly in Rose Bay
Park.
A Municipal Planners report in June 2003 discussed a consultants report and

plan prepared to guide the development of the foreshore area from Rose Bay
through to Anzac Park. The plan was named - Gravelly Beach Foreshore and
Environs Landscape Master Plan.
The Landscape Master Plan identified four precincts and associated works
within the precincts. A key component of the Landscape Master Plan was the
filling out into the river to reclaim areas of the foreshore, mainly rice grass.
Consideration has been given recently to variations of the Landscape Master
Plan taking into account Government agency approvals required, mainly
environmental and overall construction costs.
A reduced proposal was developed by Council officers that extends from the
existing rock groyne opposite the post office to an area opposite Hendersons
Lane where a small rock/gravel groyne has been constructed in the past. (see
attached plan).
Three reclamation options A, B and C were presented and discussed at a

Council workshop in May 2017. The options ranged in rough estimate cost
from $708,000 to $1,800,000. The difference in estimated cost related to the
extent of reclamation.
Council requested further investigation into an option with reduced

reclamation area between the two existing groynes, option D (see attached
plan). This option includes:
- a new rock wall and reclaimed area opposite the village hub. This site
would be landscaped/turfed
- vehicle parking approx. 40, including provision for bus pull off area and
disabled parking bays linked to footpath
- new footpath to tie into existing, adjacent to carpark
- beach restoration, clean out and replenishment of beach with fine shingle
- associated works, eg extension of existing stormwater system, drainage
of new car park area.
54
17 October 2017
Option D includes previously identified improvement works within Precinct 2

of the Landscape Master Plan, that area of foreshore immediately adjacent to
the village centre.
Rick Shegog
COUNCILLOR
At this early stage and without knowing what if any additional works may be
necessary due to conditions imposed by other agencies the estimated costs
are in the vicinity of:
Reclamation - supply and place rock and fill $450,000
Stormwater - extension of existing system and works

associated with new roadwork $50,000
Carpark - including kerbing, bus parking and footpath $165,000
Beach restoration $40,000

TOTAL $705,000
Note: above estimated costs do not include landscaping.
The 2017/18 budget allowance of $75,000 would enable detail design, and
allow for an environmental assessment and for the Government planning
approval processes to start. Also a first stage of the car park could be
completed (20 parks at southern end).
Work in the foreshore environment including removal of rice grass, extension

of stormwater systems, establishment of a rock wall and infill will require an
assessment through a submitted Parks and Wildlife Service Reserve Activity
Assessment (RAA) by the proponent.
The works are located within the Tamar Estuary Conservation area and
therefore an assessment of the environmental and other values is required
under the RAA. Council would seek specialist advice to prepare the RAA.
Should the activity be approved through the RAA process, relevant permits
and authority will be issued as required.
Depending on the type and amount of fill required to reclaim the foreshore, a
further application, separate to the RAA, may be required. Previous advice
has indicated a minimum of 2 months for approval or otherwise of such an
activity.
In addition to providing council with cost estimates, it is thought that if council

approve in principle the proposed option D, this will enable progress to be
made with a detail design and for liaison with government stakeholders to
progress the project for formal planning approval.
55
17 October 2017
The proposal/option put forward as Option D:-

- addresses, even if considered a first stage, the objectives of the
Landscape Master Plan.
- Integrates the village hub and the foreshore - a primary objective of
the Plan.
- Provides significant additional foreshore recreation space.
- Is more economically viable and therefore more easily implemented
than other grander options.
- Is considered realistic.
- Provides a format for future use and development of the foreshore.
- Can be integrated with the other precinct improvements identified.
Greg Ingham
RECOMMENDATION
For Council decision.
DECISION
Moved Cr Shegog seconded Cr Ireland that Council adopts the presented

option D as a further stage in the development of the Gravelly Beach foreshore
to enable detail design and planning approvals to begin.

& Woinarski.
Against: Nil.
CARRIED 8/0
56
17 October 2017
CNCL 1 - Attachment
Reclamation Option D
57
17 October 2017
Meeting closed at 2.27pm.
Cr Christina Holmdahl
MAYOR
58

2017-10 - Council Minutes October 2017

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2017-10 - Council Minutes October 2017

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Minutes of the Ordinary Meeting of West Tamar Council

held on Tuesday 17 October 2017

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

96/17 COUNCIL WORKSHOPS

97/17 DECLARATIONS OF PECUNIARY INTEREST

CORP 4 Rate Remission - Abandoned land at Lot 1 Atkinsons Road, Legana

COMMUNITY INPUT TIME

98/17 GEN MAN 1 GENERAL MANAGER'S REPORT: APPOINTMENT OF COMMITTEE

The purpose of this report is for council to determine membership of two

At its meeting held on 20 December 2016 council passed a motion appointing

Unfortunately Councillor Bracken has advised that due to personal

As these are Council appointments the matter is brought to Council for

Committee representation arises from community requirements.

These appointments will complement the spread of representations which

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

99/17 CORP 1 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 1 BEACH

The deceased owner of the property, Ms Smith, passed away in 2010.

An Intention to Sell was issued to the property address on 1 September 2017

3) Strategic/Annual Plan/Council Policy

It is expected that total outstanding rates and associated costs would be

10) Officers Comments

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

100/17 CORP 2 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT 6 ERNEST

The property at 6 Ernest Street, Beauty Point consists of land, a PVC

The certificate of title indicates that the Commissioner of State Revenue

3) Strategic/Annual Plan/Council Policy

It is expected that total outstanding rates and associated costs would be

10) Officers Comments

Moved Cr Kearney seconded Cr Shegog that Council resolves pursuant to

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

101/17 CORP 3 MANAGER CORPORATE REPORT: SALE OF PROPERTY AT

The property at Tattersalls Road, Beaconsfield consists of a vacant land. The

The certificate of title indicates that the Commissioner of State Revenue

3) Strategic/Annual Plan/Council Policy

It is expected that total outstanding rates and associated costs would be

10) Officers Comments

All attempts to locate an interested person have been unsuccessful and

Moved Cr Ireland seconded Cr Woinarski that Council resolves pursuant to

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

102/17 CORP 4 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED

Lot 1 Atkinsons Road, Legana is vacant land that primarily consists of an

3) Strategic/Annual Plan/Council Policy

The land has no strategic significance for Council.

As there is no ready access the land is considered unsaleable to any party

The outstanding rates and charges seem unrecoverable so no significant

10) Officers Comments

If the recommendation is supported the previous motion adopted by Council

Cr Tim Woinarski returned to the meeting at 1.42pm.

103/17 CORP 5 MANAGER CORPORATE REPORT: RATE REMISSION - ABANDONED

The parcel of land at Paper Beach Road, Swan Point as described in CT

3) Strategic/Annual Plan/Council Policy

The land has no strategic significance for Council.

Adjoining owners will be engaged in relation to any potential transfer.

The outstanding rates and charges seem unrecoverable so no significant

10) Officers Comments

Officers have sought legal assistance to investigate the subject land

Moved Cr Lyons seconded Cr Woinarski that Council approves:

For: Crs Allen, Bracken, Ferguson, Ireland, Kearney, Lyons, Shegog

104/17 CORP 6 MANAGER CORPORATE REPORT: CODE FOR TENDERS AND

The following report seeks Councils approval of proposed amendments to the

Both contracts followed an open tender process that was overseen by an

The Panel recommended that Council consider the formation of an

1. the addition of the following to the first paragraph of Section 3.1:

or through the engagement of a consultant to manage a tender process for