The advertised Briefing to Council was
ITEM-30 BR 02/09/2008 NEWCASTLE REGIONAL MUSEUM REDEVELOPMENT PROJECT UPDATE
REPORT BY: COMMUNITY DEVELOPMENT
CONTACT: MELISSA DIAL
TELEPHONE: 4974 2832
PRÉCIS
The purpose of this briefing is to provide an update on the Newcastle Regional Museum Redevelopment in response to Council's resolution of 15 July 2008 that "Council receive a full public briefing on the Museum Project including the budget including the Toolroom site".
RECOMMENDATION
The briefing be received.
During the meeting, the Lord Mayor allowed the Council officers to alter the advertised agenda and present to the elected Council wording for an alternative motion.
At no stage between the 15 July 2008 resolution and 2 September 2008 (7 weeks) did any of the Council officers raise concerns with the elected Council, either by memo or by placing a comment in the advertised Business Papers.
Why the concerns? It was all about the budget for the Museum.
What is now publicly available?
The latest budget is for your council to spend $17.1 million on a new Museum, together with the BHP money ($4.7M) and a bequest (~$0.5M) and possible future sponsorship/grants ($1.2M) for a total budget of $23.5 million.
The Greens did not support this expenditure.
How could the $17.1 million be better spent? Look around the City...
The Greens have been consistent about the museum redevelopment...
Council meeting Tuesday 15 July 2008
ITEM-18 CITYS 15/07/08 - TOOLROOM REDEVELOPMENT CONSTRUCTION AND FIT OUT OF THE MUSEUM STORAGE FACILITY, CANCELLATION OF TENDER FOR CONTRACT NO. 2008/095T
The item was reconvened at 9.01pm and the Legal Services Officer was requested to address Council.
In addressing what exposure Council had in relation to rescinding a resolution where it had previously adopted a tender and resolved to enter into contract, the Legal Services Officer explained that exposure was limited only to possible legal action regarding reliance that a party may have made on that resolution between the time of making and rescinding the resolution.
In respect of the latter, the Legal Services Officer advised that the law was not clear and the exposure was considered minimal. The Lord Mayor enquired what impact would fall on Council by not rescinding its decision.
The Legal Services Officer advised that by deferring the matter it would continue the exposure and the party may be able to look at or instigate any further reliance in the interim period. He indicated that this could undermine any representations that the Council Officers had made to the other party which would limit Council's exposure, however, he believed the resolution to enter into contract and accept the tender in was contingent on title transfer which had not yet occurred.
Councillor Scully withdrew his procedural motion in favour of that proposed by Councillor Osborne.
Councillor Gaudry indicated that she would withdraw her seconding of the motion.
MOTION: (COUNCILLORS M OSBORNE/M EADE)
A 1. Council rescind its resolution of 11 December 2007 to accept the tender of Johns Lyng NSW Pty Ltd in the amount of $789,614.10 (including GST), for the Toolroom Redevelopment - Construction and fit out of the Museum Storage Facility (Contract No. 2008/095T), subject to the completion of transfer of title from the State Government to Council.
2. Council decline to accept any of the tenders and cancel the proposal for the contract for the Toolroom Redevelopment - Construction and fit out of the Museum Storage Facility (Contract No. 2008/095T).
B Council receive a full public briefing on the Museum Project including the budget including this site.
Councillor Buman requested a copy of the original motion to proceed with the museum project.
The motion was put to the meeting and declared carried.
Council meeting Tuesday 27 March 2007
The Greens voted against awarding almost $1.2 million for the new museum design.
ITEM-3 CD 27/03/07 NEWCASTLE REGIONAL MUSEUM DESIGN & DOCUMENTATION TENDER
PROCEDURAL MOTION
MOTION: (Councillors K Parsons)
Council defer consideration of this matter until consideration of the Draft Management Plan.
The motion was put to the meeting and a show of hands was requested.
For the procedural motion 6
Against the procedural motion 6
As voting resulted in a tie, the Lord Mayor exercised his casting vote and declared the procedural motion defeated.
MOTION: (COUNCILLORS P SCOBIE/M EADE)
1. Council award tender Contract No 2006/374T, Newcastle Regional Museum Design & Documentation to Francis-Jones Morehen Thorp Architects for an amount of $281,305 (exclusive of GST) to prepare a Schematic Design for the redevelopment.
2. Francis-Jones Morehen Thorp Architects be engaged for subsequent stages of the design up to an amount of $879,845 (exclusive of GST), subject to the continuation of the project as planned.
Following lengthy discussion the motion was put to the meeting and a show of hands requested.
For the motion 8
Against the motion 4
The motion was declared carried on the result of eight votes to four votes
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