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Public Question TimeWhy DBRRA asks questions on behalf of its members.
At the September council meeting DBRRA committee member Simon McInnes asked a number of questions on behalf of DBRRA. Subsequently the shire admin, CEO and Shire President Cr Leanne Wringe have decided that Associations cannot ask questions during public question time. Before asking the questions Simon McInnes Stated he was asking questions on behalf of DBRRA as the President was unwell. The meeting minutes now show that Simon McInnes had asked the question not DBRRA. The minutes are not a true and accurate record of the meeting and will need to be corrected. The LG acts states it is the Shires President Cr Leanne Wringe alone who decides on the format of public question time, not the administration also councilors can vote to override her decisions. October Council Meeting
The President of DBRRA has asked questions in the past on behalf of DBRRA and they have been recorded in the meeting minutes as Brad Fowler of DBRRA. (The Precedent is already set) Become a DBRRA Member and get notifications of the latest News.
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Ordinary Council Meeting 28th September
- Mr. McInnes asked a number of questions on behalf of DBRRA. (Mr. McInnes is on the DBRRA committee)
Ordinary Council Meeting 26th October.
- DBRRA committee member Mr. Simon McInnes asked to have the minutes from the previous OCM changed.
- Simon McInnes had asked a number of questions on behalf of DBRRA however in the recorded minutes it states the questions were asked by Simon personally. (This is not correct)
- The CEO and Shire President Cr Leanne Wringe decided that Associations like DBRRA would no longer be able to ask questions on behalf of their members. (This was done retrospectively)
- Cr Glover moved a motion to have the previous minutes changed to state that questions asked by Mr. Simon McInnes where on behalf DBRRA. A debate was had by councilors for and against changing the minutes. (You can review the YouTube recording for yourself)
- Councilors voted on the proposed change.
- 4 voted in Favour Cr Glover, Cr Mills, Cr Jones & Cr Gubbler.
- 4 voted against, Cr Wringe, Cr Atherton, Cr Newman & Cr Smith.
- President Cr Wringe had the deciding vote and voted against the motion. !!!!
It appears that the Shire President Cr Wringe, Cr Atherton, Cr Newman & Cr Smith. do not support true and correct record keeping. Cr Atherton even stated during the debate, you are just "Nit Picking".
Question: Has the CEO Ben Rose been trying to avoid public scrutiny?
The CEO even tried to have public question time format changed so you could no longer email questions in prior to the meeting and have them included in the minutes. Questioners would have to attend a meeting and ask a question to have it recorded in the minutes. (Thankfully Cr Glover had that change vote down)
However the CEO has taken to answering questions in the morning of the OCM via email.
Below are some examples of the answers or Non-answers DBRRA has received from the CEO Ben Rose.
Questions emailed to The CEO by a DBRRA member to have included in the meeting.
Answers in RED by the CEO Ben Rose. GREEN comments by DBRRA
October 2022 OCM Public Questions
- Has the shires request to raise a $3m loan been approved by WA Treasury Corp? The Council-approved loan request in the 2022-23 budget has not been lodged with WATC as yet. Three Previous Applications Have FAILED.
- Has the shire entered a Financial Assistance Agreement, with the state government, for the $5.75m remaining from the $6m VC Mitchell grant? No. The current design won't meet the original funding scope.
- Regarding the $6m VC Mitchell grant, has the DLGSCI ever indicated that the current project scope may no longer meet their requirements for final funding approval? No. Troy Jones from DLGSCI told DBRRA it would not meet the requirements.
- Has the shire received any information indicating the VC Mitchell Project maybe in doubt due to funding, scope, governance or other concerns? No. Yes, The Anna Dixion Report, The Peter Kenion Report, Covid-19, Global instability, No skilled labor.
- Under the LG Act is the council able to approve a contract over $9m without a tender process? No. $350,000 No Tenders Received.
- With all information received by the CEO to date, what is the most likely timeline for funding approval, loan approval and building contract approval? Over the next few months. 4 years so far for nothing.
- Is the shire aware of any potential unsurmountable obstacles that may prevent the project from going ahead? No. Covid-19, Global instability, Shortage of skilled labor, Material shortage, Rising costs.
- Based on the most current information what is the likely hood of the project going ahead in its current form? Likely.
Questions by DBRRA about the VC Mitchell Park Expression of Interest while the Tender is still open.
Brad Fowler
Q: Could you also please explain why there is an expression of interest open at the same time as this tender?
CEO Response
A: This is a contingency measure in the event that no tenders, no compliant tenders or no value for money tenders are received.
Brad Fowler
Q: I don’t recall seeing a council resolution to release an expression of interest.
CEO Response
A: Correct.
Brad Fowler
NOTE: These are some of DBRRA's concerns.
- No EOI on the Tender-link portal. (Why as this is council policy)
- The Tender document is available to anyone. (No document control.)
- There is no attachment for the Tender documents (Appendix A~Q or Drawings)
- The attached link to the master plan provides all the budgetary figures. (How can you get the best outcome for ratepayers)?
- The returning EOI are to be sent to the CEO. (Why not the project manager?)
- This EOI is now open to tampering. (No document control)
CEO Response
A: Thank you for sharing your perceived concerns. These concerns are misconceived.
Brad Fowler
Q: The release of this expression of interest has compromised the entire Tender process.
CEO Response
A: Incorrect.
Brad Fowler
Q: Could you please explain why the tender forum is closed?
CEO Response
A: The Tenderlink Portal (used by many local governments in WA) allows the principal to set a closing date for final questions and clarifications; this was done on 10 July 2022 as the prior 5.5 weeks that prospective respondents had to query this document package was sufficient.
Brad Fowler
Q: Could you explain how a Tenderer can ask a question relating to this Tender as it is still open?
CEO Response
A: You could call/email the Shire to ask a question.
NOTE:
The CEO is in breach of the (LG Functions and General) policies and the Shires own purchasing policy FINCP-4-PURCHASING.
Ordinary Council Meeting – 26 October 2022The Following questions were asked on behalf of DBRRA however recorded as Mr. McInnes. Questions Relating to The VC Mitchell Project - Non-Compliant Expression of Interest. Question: Simon McInnes Does the CEO have the contact details of all the individuals who downloaded the EOI as required by policy FINCP-4-PURCHASING? CEO Response Policy FIN/CP-4 Purchasing did not apply to the EOI process. Question: Simon McInnes How were any non-compliant tenders for the VC Mitchell Park Project recorded and are they available for public viewing? CEO Response They were recorded in the Shire’s recording keeping system. Full tender documentation (For any tender) is not available for public viewing as it includes commercial-in-confidence information from third parties (i.e. private businesses who lodge the tender). Question: Simon McInnes Could you please clarify what date tenders were received for the VC Mitchell Park project and also clarify the time the expression of interest was received? CEO Response One EOI was lodged in the Shire’s tender portal, by mistake by the submitter, at 12.35pm on 12 July 2022. The ‘tender opening’ time and date was 3pm on 13 July 2022. EOI 1 was received at 7.27am on 13 July 2022 and EOI 2 was received at 3.21pm on 13 July 2022. Question: Simon McInnes Is the VC Mitchell Park project EOI bound by Shire Policy FINCP-4-PURCHASING? CEO Response No. Question: Simon McInnes Please list all the current project team members for the VC Mitchell Park project and their role on the project team? CEO Response The Project Team, currently, is made up of Shire staff and one Project Management Consultancy (Shape Management). Question: Simon McInnes Could you please explain the processes for consultation and due diligence regarding the proposed contract with Perkins Builders for the VC Mitchell Park project. How will the Shire and Perkins avoid a conflict of interest? What checks and balances are in place? Will the minutes of all meetings between the Shire and Perkins be available on the web site? CEO Response Processes (including consultation, due diligence and ‘checks and balances’) regarding the potential contract between the Shire and Perkins builders are principally guided by the Local Government (Functions and General) Regulations, supplemented with advice from WALGA, the Department of Local Government, Sport and Culture (the Department), professional project management input, and advice and assistance from nearby (much larger) local governments. Conflicts of interest are managed through conflict disclosure obligations and processes under the Local Government Act. Meeting minutes / notes between the Shire and Perkins Builders will not be published on the Shire’s website (or elsewhere) |