Council decides: December Ordinary Council Meeting

Published on 13 December 2023

The following is a list of decisions made by Councillors at their Ordinary December meeting held on Tuesday, 12 December 2023.

The business papers and attachments for the meeting can be found at 
https://lismore.nsw.gov.au/business-papers-and-agendas-for-committees-and-advisory-groups

   PUBLIC ACCESS

Two people spoke on one topic during Public Access

• Two speakers spoke in favour of the Mayoral Attendance Report. 

   MAYORAL MINUTES

Councillors resolved to:

• Receive the Mayoral Attendance Report for November 2023.

   

  REPORTS OF COMMITTEES

  Councillors resolved to:

• Receive the minutes of the Sister City Advisory Group meeting of 15 November and adopt the recommendations.
• Receive the minutes of the Local Traffic Committee meeting of 15 November and adopt the recommendations.
• Receive the minutes of the Audit Risk and Improvement Committee meeting of 27 November.

   

  REPORTS OF THE GENERAL MANAGER

  Councillors resolved to:

• Adopt the Audited Financial Statements for the year ended 30 June 2023 and present the Audited Financial statements to the public on the 23 January 2024.
• Receive and note the Investments Report for November 2023.
• Extend the term of the current Memorandum of Understanding with Richmond Valley Council for a further four (4) years and nominates Angela Jones (Director for Infrastructure and Environment), or another suitably qualified Richmond Valley Council officer by mutual agreement, to be Lismore City Council’s representative on the Northern Regional Planning Panel.
• Note the following documents be executed as negotiated under delegated authority by the General Manager:

• 1 Item A: Renewal of Grazing Agreement with P Rapmund over part 1-3B Winterton Parade, North Lismore (being Lots 1-5 in DP 784065) for a 5-year term with a 5-year option for the purpose of horse grazing.  
• Item B: Renewal of Licence Agreement with Friends of the Koala over part 120 Bruxner Highway, Loftville (being Lot 1 in DP 1261770) for a 5-year term with a 5-year option for the purpose of pre-planting, tree planting and harvesting upon the land.
• Item C: Licence with Maret Infrastructure Group over part 16 Wyreema Avenue, Goonellabah (being Lot 1 in DP 410491) for a 5-year term with a 5-year option for the purposes of access and operation of licensee’s telecommunications equipment.
• 2. the General Manager be delegated authority to sign approved community sports club agreements, subject to: a. Condition 1 (being the 28-day public notice) as outlined in the Attachment for this report, being conducted with respect to proposed agreements over community land; and b. Councillors being provided with regular updates on agreements entered.

• Receive and note the annual report on Code of Conduct statistics for Lismore City Council and that the report will be forwarded to the Office of Local Government.
• Adopt the Councillor and Officer Interaction Policy and revoke policy 1.2.24 Councillor/Staff Communication Policy and Councillor/Staff Communication Guidelines.

   

  CONFIDENTIAL SESSION

  When the Council resumed, the Mayor reported that the following had been resolved that:

• Approve Professional and Project Services on an initial one-year period with an option to extend the contract for two additional one-year periods at Council’s absolute discretion and accepts the suppliers listed in the evaluation results to form unranked panels of Approved Providers for Tender TP2023/101 Professional and Project Services for an initial one-year period with an option to extend the contract for two additional one-year periods at Council’s absolute discretion, noting funding for this engagement comes from LCC operating budget and or available funding resources.
• Accept the tender from Hazell Bros Pty Ltd for Tender TP2023/135 Construction of Lismore to Bentley Rail Trail for the price of $7,841,732 (ex GST), noting funding for this engagement will be covered under the Building Better Regions grant fund.
• Accept the Tender Submissions from the following organisations for Tender 2023127 Panel Contract for Horizontal Directional Drilling: CM Contracting (Aust) Pty Ltd, WW & MA Field Pty Ltd t/a Field Directional Drilling, Ledonne Constructions Pty Limited, The Trustee for The Neale Family Trust t/a North Coast Electrical and Communications, The Campbell Family Trust t/a O’Brien Electrical and Plumbing Lismore, and One Shot Directional Drilling Australia Pty Ltd.
• Accept the eight suppliers listed in the evaluation results to form an un-ranked panel of Approved Providers for Tender TP2023/188 Supply of Quarry Materials for an initial one-year period with an option to extend the contract for two additional one-year periods at Council’s discretion.
• Accept the eight suppliers listed in the evaluation results to form an un-ranked panel of approved providers for Tender TP2023/193 Traffic Management Services for an initial one-year period with an option to extend the contract for two additional one-year periods at Council’s discretion.
• Accept the tender from Ledonne Constructions Pty Ltd for Contract PR23/104 CBD Water Main Replacement Program FY2023/24, for the sum of $3,074,208 excluding GST and approve the increase in the 2024 budget of $2.3 million to undertake the required works with funding from Water Reserves
• Accept the tender from Quadracon Building Pty Ltd for Tender TP2023-140 Lismore City Council Animal Care Facility Refurbishment at a total cost of $285,706.72 (ex GST) and offer a micro-grant to Animal Rights and Rescue to the value of $10,000 in accordance with grant requirements.
• Accept the suppliers listed in the evaluation results to form an unranked panel of Approved Suppliers for Tender TP23/187 Environmental Sampling and Analytical Services for an initial period of two years with an option to extend the contract for two additional funding for this engagement comes from Council’s operating budget and/or available funding resources.
• Accept the tender from A & D Civil Earthworks for Tender TP22/34 Nimbin Rainbow Road Walking Track Constructions for the sum of $1,575,525.67 (ex GST), noting funding for this engagement will be provided under a grant from the Bushfire Local Economies Recovery Fund
• Accept the tender from Urban Play Pty Ltd for Tender T2023112 Design, Supply and Install Adventure Tower Play Equipment to Heritage Park Lismore for the sum of $567,615 (ex GST), noting funding for this engagement comes from the Stronger Country Communities Fund.
• Notes the urgent need for Blue Knob Road works due to a series of landslides, with the situation posing a significant risk to public safety and road accessibility, necessitating immediate action:

b.  Blue Knob Road works are similar in scope to the Nimbin Road landslips remediation

c.   under section 55 of the Local Government Act 1993 (NSW) (‘the Act’), Council is required to invite tenders for work of this type unless any of the exceptions identified under section 55(3) are applicable. There are extenuating circumstances, in accordance with section 55(3)(i) of the Act, due to public safety concerns with roads under traffic management

d.  this action is necessary to address the urgency and to prevent significant delays that would arise from an open tender process

e.  the Blue Knob Road works are entirely externally funded through Disaster Funding Relief Arrangements

2.  Council notes the delegation in Recommendation 5 of Report  (BP23/1018:EF19/24-5) authorising the General Manager to approve contract variations that are within the funding amount

3.  delegation be provided to the General Manager:

a.  enter into negotiations with the Nimbin Road contractor for the Blue Knob Road variation

b.  resolve and approve contract variations that are within the approved funding amount

c.   undertake a selective tender process should 3.a. fail

d.  if 3.c. is required, award a contract to the successful tenderer within the approved funding amount

4. A funding agreement with the relevant funding body that provides sufficient funds in advance is to be finalised.  This is required to ensure Council is able to deliver the works in a timely manner without posing a risk to Council’s cashflow or delivery of its other works