Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Council  MEETING HELD ON 26 November 2014

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 3

2....... Attendance. 3

3....... Prayer. 3

4....... Public Question Time. 4

Response to Previous Questions Taken on Notice. 4

Public Question Time. 4

5....... Announcements Without Discussion.. 4

Announcements by the Presiding Member. 4

Nil 4

Announcements by other Members at the invitation of the Presiding Member. 4

6....... Application for Leave of Absence. 4

7....... Petitions and Presentations. 4

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 12 November 2014. 5

Committee Meetings. 6

9.2          Minutes of a meeting of the Finance Committee held on 6 November 2014. 6

Adoption by Exception Resolution.. 6

En Bloc Motion. 6

10..... Reports of Committee. 8

10.1        Finance Committee - 6/11/2014 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER 2014. 8

10.2        Finance Committee - 6/11/2014 - LIST OF PAYMENTS MADE – SEPTEMBER 2014. 16

10.3        Finance Committee - 6/11/2014 - BUDGET AMENDMENT - SCHOOL TRAFFIC IMPROVEMENT GRANT FUNDING.. 18

10.4        Finance Committee - 6/11/2014 - GEOGRAPHE LEISURE CENTRE - BUDGET AMENDMENT REQUEST GRANT FUNDING.. 20

11..... Planning and Development Services Report. 24

11.1        SHARK HAZARD RESPONSE PROCEDURE. 24

11.2        MANAGEMENT OF DOGS ON BEACHES. 32

12..... Engineering and Work Services Report. 38

Nil

13..... Community and Commercial Services Report. 39

13.1        PUBLIC CONSULTATION FOR THE PROPOSED DUNSBOROUGH COMMUNITY SITE AND PROPOSED LEASES WITH ASSOCIATED GROUPS. 39

14..... Finance and Corporate Services Report. 48

14.1        DEPARTMENT OF LOCAL GOVERNMENT AND COMMUNITIES LEASE AND OCCUPATION BY BUSSELTON CHILD CARE CENTRE INC. 48

15..... Chief Executive Officer's Report. 53

15.1        AWARD OF TENDER RFT 15/14 BUSSELTON FORESHORE DEVELOPMENT DETAILED DESIGN AND CONSTRUCTION OF YOUTH ACTIVITIES AREA INCLUDING SKATEPARK. 53

15.2        COUNCILLORS' INFORMATION BULLETIN.. 57

16..... Motions of which Previous Notice has been Given.. 59

Nil

17..... Confidential Reports. 59

Nil

18..... Public Question Time. 59

19..... Next Meeting Date. 59

20..... Closure. 59

 


Council                                                                                      3                                                            26 November 2014

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 26 November 2014 AT 5.30pm.

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member open the meeting at 5.30pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Ian Stubbs           Mayor

Cr Grant Henley

Cr John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

Cr Terry Best

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Matthew Smith, Director, Finance and Corporate Services

Miss Lynley Rich, Manager, Governance Services

Mrs Katie Banks, Administration Officer, Governance (from 5.34pm)

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

21

3.               Prayer

The prayer was delivered by Pastor Lee Sykes from Cornerstone Church of Christ.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

At the 12 November Council meeting two questions from Mr Francois Rochecouste were taken on notice by the Director, Engineering and Works Services:

 

Mr Francois Rochecouste asked why Greenfield Road, Dunsborough has been opened as only half of the road has been completed while the remaining half is still a dirt road and also asked why busses have commenced using the road when it is still incomplete.

 

Response, Director, Engineering and Works Services:

The City is maintaining Greenfield Road to a sealed standard, the City has planned in the 2015/16 budget to asphalt and kerb the section you are referring to. Buses are legally able to use this road. Prior to the connection of Windlemere Estate to Dunsborough Lakes Estate, school buses came into Windlemere Drive and had to turn around at the cul-de-sac head 2 x times per day. Now that the subdivisions have connected, there are less bus movements through Windlemere Drive as they can drive straight through.

 

Mr Francois Rochecouste also asked why heavy vehicles are being parked on the verge of Greenfield Road.

 

Response, Director Engineering and Works Services

This was construction traffic and we have asked the contractor to remediate any damage that has been caused.

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member

Nil

Announcements by other Members at the invitation of the Presiding Member

 

Nil

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

                   A petition to save the ‘Nautical Lady’ Tower, containing 2651 signatures was presented to Council which stated:

                        

                   “We, the undersigned, request that the Nautical Lady Tower is retained on Busselton foreshore. It is the only vantage point where the magnificent, spectacular views of Busselton, the jetty and Geographe Bay can be seen and photographed. It could be made into a very appropriate tourist attraction.”

 

Note:       The petitioners advised that 43% of signatures collected were from Busselton.  While the Standing Orders require that petitions are made by electors of the District, it was noted that notwithstanding these requirements, the Presiding Member allowed the petition to be considered as the petition complied with the majority of the (other) requirements (of the Standing Orders).

 

                   COUNCIL DECISION

 

                                      C1411/301           Moved Councillor  , seconded Councillor ..?         

                         That the petition be received and referred to the CEO to prepare a report to the Council or a committee.

                                                                                                                                                         CARRIED 9/0?

8.               Disclosure Of Interests

The Mayor noted that a declaration of impartiality interest had been received from:

 

·         Cr Terry Best in relation to Agenda Item 13.1 – Public Consultation for the proposed Dunsborough Community Site and Proposed Leases with Associated Groups

 

The Mayor advised that in accordance with the Local Government (Rules of Conduct) Regulations 2007 this declaration would be read out immediately before Item 13.1 was discussed.

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 12 November 2014

COUNCIL DECISION

C1411/302              Moved Councillor J McCallum, seconded Councillor J Green

That the Minutes of the Council  Meeting held 12 November 2014 be confirmed as a true and correct record.

CARRIED 9/0

 


 

Committee Meetings

9.2             Minutes of a meeting of the Finance Committee held on 6 November 2014

 

COUNCIL DECISION

C1411/303              Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

 1)        That the minutes of a meeting of the Finance Committee held on 6 November 2014          be received.

 

2)         That the Council notes the outcomes of the Finance Committee meeting held on 6             November 2014 being:

 

a)            The Committee noted the Information Bulletin – September 2014.

b)            The Financial Activity Statements – September 2014 Item is presented for                          Council consideration at Item 10.1 of this agenda.

c)             The List of Payments Made – September 2014 Item is presented for Council                       consideration at Item 10.2 of this agenda.

d)            The Budget Amendment – School Traffic Improvement Grant Funding Item is                    presented for Council consideration at item 10.3 of this agenda.

e)            Geographe Leisure Centre – Budget Amendment Request Grant Funding                             Item is   presented for Council consideration at item 10.4 of this agenda.

 

CARRIED 9/0

 

Adoption by Exception Resolution

En Bloc Motion

 

COUNCIL DECISION

C1411/304              Moved Councillor C Tarbotton, seconded Councillor G Henley

 

That the Committee and Officer Recommendations in relation to the following agenda items be carried en bloc:

10.1        Finance Committee - 6/11/2014 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER 2014

10.2        Finance Committee - 6/11/2014 - LIST OF PAYMENTS MADE – SEPTEMBER 2014

11.1        SHARK HAZARD RESPONSE PROCEDURE

14.1        DEPARTMENT OF LOCAL GOVERNMENT AND COMMUNITIES LEASE AND OCCUPATION BY BUSSELTON CHILD CARE CENTRE INC.

15.1        AWARD OF TENDER RFT 15/14 BUSSELTON FORESHORE DEVELOPMENT DETAILED DESIGN AND CONSTRUCTION OF YOUTH ACTIVITIES AREA INCLUDING SKATEPARK

15.2        COUNCILLORS' INFORMATION BULLETIN  

CARRIED 9/0

EN BLOC

 


Council                                                                                      7                                                            26 November 2014

10.             Reports of Committee

10.1           Finance Committee - 6/11/2014 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER 2014

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance and Information Technology

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Financial Activity Statements - Period Ending 30 September 2014  

 

This item was considered by the Finance Committee at its meeting on 6 November 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Pursuant to Section 6.4 of the Local Government Act (‘the Act’) and Regulation 34(4) of the Local Government (Financial Management) Regulations (‘the Regulations’), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted/ amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 30 September 2014.

 

 

BACKGROUND

 

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis; and are to include the following:

 

§   Annual budget estimates

§   Budget estimates to the end of the month in which the statement relates

§   Actual amounts of revenue and expenditure to the end of the month in which the statement relates

§   Material variances between budget estimates and actual revenue/ expenditure/ (including an explanation of any material variances)

§   The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 30 July 2014, the Council adopted (C1407/190) the following material variance reporting threshold for the 2014/15 financial year:

 

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2014/15 financial year to comprise variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/ or seasonal adjustments are to be reported on a quarterly basis.  

 

STATUTORY ENVIRONMENT

 

Section 6.4 of the Local Government Act and Regulation 34 of the Local Government (Financial Management) Regulations detail the form and manner in which a local government is to prepare financial activity statements.    

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

 

Any financial implications are detailed within the context of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

Risk assessments have been previously completed in relation to a number of ‘higher level’ financial matters, including timely and accurate financial reporting to enable the Council to make fully informed financial decisions. The completion of the monthly Financial Activity Statement report is a treatment/ control that assists in addressing this risk.   

 

CONSULTATION

 

Not applicable.

 

OFFICER COMMENT

 

In order to fulfil statutory reporting requirements, and to provide the Council with a synopsis of the City’s overall financial performance on a year to date basis, the following financial reports are attached hereto:

 

§ Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

 

§ Net Current Position

This report provides details of the composition of the net current asset position on a year to date basis, and reconciles with the net current position as per the Statement of Financial Activity.

 

§ Capital Acquisition Report

This report provides year to date budget performance (by line item) in respect of the following capital expenditure activities: 

Land and Buildings

Plant and Equipment

Furniture and Equipment

Infrastructure

 

§ Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and also associated interest earnings on reserve funds, on a year to date basis. 

 

§ Reserve Transfers to Municipal Fund

This report provides specific detail in respect of expenditures being funded from reserves.  

 

Additional reports and/ or charts are also provided as required to further supplement the information comprised within the statutory financial reports.

 

COMMENTS ON FINANCIAL ACTIVITY TO 30 SEPTEMBER 2014

 

In terms of the Council’s adopted material reporting threshold for 2014/15, ‘quarterly’ financial activity statement reports are required to provide a summary of variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, irrespective of whether they are only due to timing differences. This matter has been considered in the compilation of this report, and is reflected in the following commentary:        

   

Operating Activity

 

§  Operating Revenue

 

As at 30 September 2014, there is a variance of -1.5% in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Operating Grants, Subsidies and Contributions

+24%

+$176

Other Revenue

-25%

-$34

Interest Earnings

-44%

-$332

Non-Operating Grants, Subsidies and Contributions

-27%

-$380

Profit on Asset Disposals

+1,882%

+$8

 

A summary of the above variances is provided as follows:

 

Operating Grants, Subsidies and Contributions (+$176K)

This variance is primarily attributable to:

§ An unbudgeted natural disaster claim in respect of September 2013 storm damage (+$99K)

§ The earlier than projected receipt of Lotterywest funding for Meelup Regional Park (+$22K)

§ The earlier than projected receipt of grant funding for finger jetty planning (+$20K)

§ The receipt of unbudgeted employee cost related reimbursements [e.g. parental leave] (+$19K)      

 

Other Revenue (-$34K)

This variance is primarily attributable to:

§ Fines and penalties revenue is presently falling short of annual budget estimates (-$15K)

§ A scheduled transfer of funds for Birchfields landscape maintenance is yet to occur (-$30K)

§ Unbudgeted registration fees for the Mayoral Prayer Breakfast have been received (+$11K)   

 

Interest Earnings (-$332K)

This variance is primarily attributable to:

§ Interest earnings on municipal funds are presently $151K below year to date budget estimates, which is largely due to timing matters. The budget is spread evenly throughout the financial year, and at which time rates revenue flows in, earnings will increase accordingly.

§ Rates related interest revenue (i.e. instalment plan and late payment interest) is presently $187K below year to date budget estimates. The instalment plan interest, which represents $164K of the variance, will be raised during October, at which time the associated journal entries are processed.          

 

Non-Operating Grants, Subsidies and Contributions (-$380K)

The current variance is primarily attributable to:

§ The receipt of developer contributions totalling approximately $600K, resulting in a favourable year to date variance of approximately $380K.

§ Timing issues associated with the receipt of capital grant funding (e.g. Airport and coastal protection works) resulting in an adverse year to date variance of approximately$760K.

 

It should be noted that the developer contributions funding has no direct impact on the Net Current Position, as these funds are transferred to Equity upon receipt, via the ‘Transfers to Restricted Assets’ capital expenditure activity.  

   

Profit on Asset Disposals (+$8K)

The current variance is primarily attributable to book profits on the sale, through auction, of obsolete computer equipment and sundry plant items. In most cases, the items had a zero written down value, with any funds received representing a book profit on disposal. It should be noted that this is an accounting entry only, and has no direct impact on the Net Current Position.       

 

§   Operating Expenditure

 

As at 30 September 2014, there is a variance of -10.2% in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Materials and Contracts

-44%

-$1,796

Utilities

-20%

-$111

Depreciation on Non-current Assets

+19%

+$479

Insurance Expenses

-14%

-$72

Other Expenditure

+11%

+$87

Allocations

-24%

-$109

Interest Expenses

-34%

-$113

Loss on Asset Disposals

+163%

+$19

 

A summary of the above variances is provided as follows:

 

Materials and Contracts (-$1,796K)

Due to the nature of this expenditure category, variances are evident across a broad range of activities. However, the major variances, which are predominantly due to timing differences, include:

§ Waste management related contractors (e.g. concrete crushing, green waste processing and kerbside recycling contractors) are presently $376K below year to date budget estimates

§ Collective consultancy expenditure is presently $169K below year to date budget estimates

§ Professional fees and charges (including organisational legal fees and subscriptions) are presently $127K below year to date budget estimates

§ Busselton Jetty related contractor expenditure is presently $125K below year to date budget estimates

§ Building maintenance services (including contract cleaning and general maintenance) are presently $111K below year to date budget estimates

§ Contractor expenditure for coastal protection related works is presently $93K below year to date budget estimates

 

The remainder of the variance is attributable to a variety of budget shortfalls in contractor expenditures, materials purchases, bank fees, leasing payments, information technology expenses, maintenance of plant and equipment and non capital asset acquisitions. However, as previously mentioned, the current collective variance is primarily as a result of budget timing matters.    

 

Utilities (-$111K)

This variance is primarily attributable to timing differences in the payment of utilities including water related charges, and to a lesser extent electricity charges. As a result of the repealing of the carbon tax, it is estimated that the City’s electricity charges will reduce by up to $70K during 2014/15. However the actual extent of any savings will be dependent upon, amongst others, overall electricity usage during the financial year against and the associated performance against budget.           

 

Depreciation on Non-current Assets (+$479K)

This variance is primarily attributable to the Buildings fair value valuation (as at 30 June 2014), coupled with the significant value of donated assets brought to account as at financial year end. The depreciation budget is developed reasonably early in the annual budget process, based on financial year end projections. Whilst generally accurate, this approach has this year been impacted by the aforementioned activities, the outcomes of which were not known until very late in the 2013/14 financial year. It should be noted however that depreciation expense is reversed as a non cash adjustment, and as such has no net effect on the Net Current Position.                       

 

Insurance Expenses (-$72K)

This variance is primarily attributable to current timing differences in respect of the payment of a range of annual insurance premiums, which are charged in instalments.      

 

Other Expenditure (+$87K)

This variance is primarily attributable to budget timing differences at this juncture, and more specifically in relation to earlier than projected payment of sponsorships and grant funding (e.g. Ironman).  

 

Allocations (-$109K)

This activity incorporates numerous internal accounting allocations. Whilst the majority of individual allocations are administration based (and clear each month), the activity also includes plant and overhead related allocations. Due to the nature of these line items, the activity reflects as a net offset against operating expenditure, in recognition of those expenses that are of a capital nature (and need to be recognised accordingly). Variances, particularly early in the financial year, are not uncommon, as the activity is highly dependent upon a range of works related factors.                

 

Interest Expenses (-$113K)

This variance is attributable to the initial repayment on the Civic and Administration Centre loan facility. The facility was drawn on 5th August 2014 and in order to have an initial repayment on 30 September 2014, the interest component of the first repayment was lower than budget projections. However, this meant that the initial principal repayment was higher than projected in the budget, as is reflected in the ‘Total Loan Repayments – Principal’ capital expenditure activity.           

 

Loss on Asset Disposals (+$19K)

This variance is due to book losses on the sale, through auction, of obsolete computer equipment, sundry plant items and several light vehicles. However, the predominant book loss ($11K) relates to the write off of a boat ramp structure at Scout Road. It should be noted that this is an accounting entry only, and has no direct impact on the Net Current Position.       

 

Capital Activity

 

§  Capital Revenue

 

As at 30 September 2014, there is a variance of +2.3% in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Proceeds from the Sale of Assets

-62%

-$66

Transfers from Restricted Assets

+61%

+$492

 

A summary of the above variances is provided as follows:

 

Proceeds from the Sale of Assets (-$66K)

This variance is primarily attributable to budget timing differences in relation to the changeover of light vehicles, and corresponds with the current variance in the ‘Plant and Equipment’ capital expenditure activity.      

 

Transfers from Restricted Assets (+$492K)

This variance is attributable to the (unbudgeted) repayment of bonds and deposits, and due to the nature of the transactions, has no direct impact on the Net Current Position.    

 

§  Capital Expenditure

 

As at 30 September 2014, there is a variance of -5.5% in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land and Buildings

+52%

+$488

Plant and Equipment

-50%

-$169

Furniture and Office Equipment

-57%

-$70

Infrastructure

-65%

-$2,192

Total Loan Repayments - Principal

-29%

-$89

Transfers to Restricted Assets

+152%

+$395

 

The attachments to this report include detailed listings of the following capital expenditure (project) items, to assist in reviewing specific variances:

§   Land and Buildings

§   Plant and Equipment

§   Furniture and Office Equipment

§   Infrastructure

 

A summary of the above variances is provided as follows:

 

Land and Buildings (+$488K)

This variance is primarily attributable to the earlier than projected progress of the Geographe Leisure Centre (+$367K) and Busselton Regional Airport Terminal (+$426K) extensions. These variances are offset however by timing differences in relation to a number of projects, including the Rubbish Site land acquisition (-$225K) and the Geographe Leisure Centre LED lighting project (-$89K).         

Plant and Equipment (-$169K)

This variance is primarily attributable to budget timing differences in relation to the changeover of a number of light vehicles, and also the acquisition and installation of the Kookaburra Caravan Park on-site cabins.         

 

Furniture and Office Equipment (-$70K)

This variance is primarily due to a current shortfall in Information Technology expenditure of $94K. Whilst a number of budgeted projects are well under way, expenditures are yet to be incurred (e.g. Busselton Water joint venture). The Information Technology underspend is predominantly offset by the earlier than projected equipment purchases for the Geographe Leisure Centre.  

 

Infrastructure (-$2,192K)

For the purposes of this report, the Busselton Foreshore project variance is discussed separately to the remaining Infrastructure budget. 

 

Infrastructure – Major Projects (YTD Variance: - $341K)

This variance is primarily due to the earlier than projected progression of the Barnard Park Active Playing Fields project (+$108K), coupled with a timing difference in respect of the Brown Street extension (-$411K); albeit these works are now progressing well.  

 

Infrastructure – Other (YTD Variance: - $1,851K)

The Engineering and Works Service Directorate reports that Infrastructure (Other) projects are under budget year to date budget collectively. With regards to capital project delivery in general, much of the first quarter is designated to project scoping, planning, obtaining approvals, the finalisation of quotes and tendering prior to the commencement of physical works.

 

Road construction projects are presently under budget by $367K. Much of this work is undertaken in the warmer, dryer months between November and April where road surfacing conditions are generally more favourable. This variance can thus be attributable to timing only.

 

Capital infrastructure works pursuant to the airport, including the New Apron, the Jet Re-fuelling Facility and the Taxiway / Hanger Extension are yet to commence and as such accounts for $370K of the current variance.

 

Capital works on Sanitation / Waste Services infrastructure is also reported as under-budget to the value of $464K. Much of the concept planning for the Busselton Transfer Station Development has been finalised with detailed planning now underway. Planning for rehabilitation at Busselton has also commenced with site investigation now being carried out. 

 

Coastal protection infrastructure is also contributing to the overall variance to the value of $219K.  Sand Re-Nourishment works will commence later this year due to the occurrences of frequent wild whether. The second stage of the Locke Estate Coastal Protection Works is now scheduled to begin in March 2015 after the busy Christmas / New Year holiday season.

 

Capital infrastructure works pursuant to townscape works, including Kent Street in Busselton and Road Access Improvements Stage 1 are presently reporting a $290K variance. Works on Kent Street are scheduled to commence in February 2015 while the Dunsborough plans are open for community consultation, with construction also to commence in February 2015. 

  

Expenditure against infrastructure projects will increase as projects transition from the planning to the implementation phase.      

 


 

Total Loan Repayments – Principal (-$89K)

This variance is attributable to the initial repayment on the Civic and Administration Centre loan facility. The facility was drawn on 5th August 2014 and in order to have an initial repayment on 30 September 2014, the principal component of the first repayment was higher than budget projections. However, this meant that the initial interest repayment was lower than projected in the budget, as is reflected in the ‘Interest Expenses’ operating expenditure activity.           

 

Transfers to Restricted Assets (+$395K)

The favourable variance is primarily due to the receipt of developer contributions (predominantly pertaining to the Vasse Newtown and Via Vasse subdivisions) totalling approximately $600K, along with bond and deposit payments totalling approximately $50K. It should be noted however that performance in this activity has no direct impact on the City’s net current position.  

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

Actual principal and interest repayments on the Civic and Administration Centre borrowing facility for 2014/15 will be approximately $84K less than the annual budget projection by financial year end. This represents a budget saving in this amount.

 

In addition to the above, the natural disaster claim (September 2013 storm) represents windfall revenue in the current financial year, as the associated expenses were incurred in the previous financial year.   

 

CONCLUSION

 

The City’s financial performance to the end of September 2014 is considered satisfactory. Whilst numerous variances are presently evident, as indicated in this report, these are primarily due to timing differences at this juncture. In addition, there are presently no apparent adverse trends emerging.        

 

OPTIONS

 

The Council may determine not to receive the statutory financial activity statement reports.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council receives the statutory financial activity statement reports for the period ending 30 September 2014, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 

 


Council                                                                                      15                                                          26 November 2014

10.2           Finance Committee - 6/11/2014 - LIST OF PAYMENTS MADE – SEPTEMBER 2014

SUBJECT INDEX:

Financial Operations

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   List of Payments Made - September 2014  

 

This item was considered by the Finance Committee at its meeting on 6 November 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides details of payments made from the City’s bank accounts for the month of September 2014, for noting by the Council and recording in the Council Minutes.

 

 

BACKGROUND

 

The Local Government (Financial Management) Regulations require that when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, that a list of payments made is prepared each month for presentation to, and noting by, the Council.

 

STATUTORY ENVIRONMENT

 

Section 6.10 of the Local Government Act and more specifically, Regulation 13 of the Local Government (Financial Management) Regulations; refer to the requirement for a listing of payments made each month to be presented to the Council. 

 

RELEVANT PLANS AND POLICIES

 

NA.

 

FINANCIAL IMPLICATIONS

 

NA.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’.

 

RISK ASSESSMENT

 

NA. 

 

CONSULTATION

 

NA.

 

 

OFFICER COMMENT

 

NA.

 

CONCLUSION

 

NA.

 

OPTIONS

 

NA.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council notes the payment of voucher numbers M109630 - M109839, EF036229 - EF036686, T007100 - T007104, and DD002268 - DD002287, together totalling $17,489,753.74.

 

 


Council                                                                                      17                                                          26 November 2014

10.3           Finance Committee - 6/11/2014 - BUDGET AMENDMENT - SCHOOL TRAFFIC IMPROVEMENT GRANT FUNDING

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Engineering and Facilities Services; Operations Se

ACTIVITY UNIT:

 

REPORTING OFFICER:

Engineering Management Accountant - Stephen Wesley

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 6 November 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City has recently been informed of its success in securing $300,000 in State Government funding to address traffic safety concerns at St Joseph’s School and Mackillop Catholic College.

 

This report seeks approval by Council to adjust the budget to make provision for these funds.

 

 

BACKGROUND

 

There has been a growing need to formalise an adequate vehicle drop-off and pick-up area alongside College Avenue within the vicinity of both St Joseph’s School and Mackillop Catholic College. This will alleviate congestion issues currently being experienced in the area.

 

The new works will involve construction of a separate off-road bus area to accommodate the approx. 30 buses accessing the area each morning and afternoon. This will greatly reduce congestion along College Avenue and greatly improve safety for all road users.

 

STATUTORY ENVIRONMENT

 

Section 6.8 of the Local Government Act refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council. 

 

RELEVANT PLANS AND POLICIES

 

Nil

 

FINANCIAL IMPLICATIONS

 

The existing budget made provision for $250,000 for the construction of a separate off-road bus area to be fully funded from external sources. City Officers have been pursuing this with the State Government who have now committed to funding this valuable piece of infrastructure. They have subsequently announced that they will provide an additional $50,000 bringing the total funding available to $300,000 in line with preliminary cost estimates. 

 

The proposed budget adjustment will have no financial implications on the City’s budgeted financial position.

STRATEGIC COMMUNITY OBJECTIVES

 

2.3 Infrastructure assets that are well maintained and responsibly managed to provide for future generations

 

RISK ASSESSMENT

 

There is a financial risk, as there is will most undertaking that the project cost could potentially exceed the grant funding received. Although this risk is considered to be minimal, if this were to transpire the City would need to fund the difference. 

 

CONSULTATION

 

There has been consultation on this matter with both the Department of Transport and the schools operating in the area. 

 

OFFICER COMMENT

 

No additional comments required.

 

CONCLUSION

 

This report seeks Councils approval to;

 

1.    Accept the offer of $300,000 in grant funding from the State Government,

2.    Adjust the existing budget allocation by increasing both the revenue and expenditure by $50,000   

 

OPTIONS

 

The Council may determine not to accept the grant funding or amend the Officer Recommendation in any way they deem suitable.     

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the associated budget amendments will be processed within a month of being approved.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council endorse the budget amendments as follows:

 

·    Add additional grant revenue totaling $50,000 to the existing Bus Bay project.

account string 541.W0028.1215.0000

 

·    Add additional expenditure to the existing Bus Bay project by $50,000 

account string 541.W0028.3280.0000

 

 


Council                                                                                      19                                                          26 November 2014

10.4           Finance Committee - 6/11/2014 - GEOGRAPHE LEISURE CENTRE - BUDGET AMENDMENT REQUEST GRANT FUNDING

SUBJECT INDEX:

Geographe Leisure Centre

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Manager, Community Services - Maxine Palmer

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 6 November 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek approval to amend the 2014-2015 Geographe Leisure Centre (GLC) budget to include an additional $30,000 (ex GST) grant funding and associated expenditure. The funding was applied for under the Department for Sport and Recreation’s (DSR), new Community Pool Revitalisation Program. The GLC has secured the funding to rejuvenate the outdoor pool area and upgrade the indoor pool islands.

 

 

 

BACKGROUND

 

In July 2014, DSR launched a new funding scheme the Community Pool Revitalisation Program. Grants of up to $30,000 are now available annually to enhance community pool facilities and services to support greater social and economic benefits in regional communities. The GLC was successful in securing a grant to the maximum value of $30,000 (ex GST). The grant will enable the GLC outdoor pool to be rejuvenated with shade sails, landscaping improvements, seating and barbeques.

 

STATUTORY ENVIRONMENT

 

Section 6.8 of the Local Government Act refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorized in advance, by an absolute majority decision of the Council.

 

RELEVANT PLANS AND POLICIES

 

This proposal aligns to the City’s Strategic Community Plan of 2013:

 

Key Goal Area 2:               Well planned, Vibrant and Active Places

Objective:                           2.1 A City where the community has access to quality cultural, recreation, leisure facilities and services.

2.3 Infrastructure assets are well maintained and responsibly managed to provide for future generations.

 

FINANCIAL IMPLICATIONS

 

The following budget amendments would be required to receive the $30,000 funding plus GST in the 2014/15 budget, noting this results in a net neutral outcome to Council.

 

Description

 Account String

2014/15 Adopted Budget  $

 2014/15 Amended Budget (PROPOSED)  $

Variance $

Capital Grants – Dept of Sport & Rec.

336-10591-1213-0000

$0

-$33,000

-$33,000

Exp Offset Acc Furniture & equipment

336-10591-7743-0000

$0

$33,000

$33,000

Net Variance

 

$0

$0

$0

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendations has been undertaken using the City’s risk assessment framework. The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well. The officer recommendation is considered to be “low” risk.

 

CONSULTATION

 

DSR were consulted in the preparation of the grant and customer feedback has been used to inform the scope of the improvement works.

 

OFFICER COMMENT

 

The outdoor pool area has increased in usage significantly over the last year. This can be attributed to the heating provided by the geothermal system and pool blanket, growth in aquatics users in all areas from general usage to schools and clubs and increasing use of the area for carnivals, parties and other community events.

 

Improvements were made to the grassed areas last financial year; this provided more space for the growing usage of the area. These improvements included rubble removal, new turf and the extension of the reticulation system. The need to provide seating and more shade around the outdoor pool has been identified in the GLC’s Business Plan for several years, but other investments have always taken priority.

 

Historically, external funding for improvement/upgrade works for the GLC has been difficult to obtain, with most funding centered on new capital developments. The new Community Pool Revitalisation Program has provided the City with an opportunity to resource a complete revitalization of the outdoor pool area. This will include shade sails between the indoor and outdoor pool, landscaping of the grounds, barbeques and picnic tables. (See the plan in attachment 1).

 

These works will be entirely funded by the $30,000 grant. The grant required no matching funding contribution from Council and, subject to approval of the budget amendment, can be commenced and completed by the busy summer months this year.

 

CONCLUSION

 

Officer’s recommend the 2014/15 budget is amended to enable these important improvements to provide shade, seating and additional recreation space in the GLC outdoor pool area to occur.

 

OPTIONS

 

Council may determine not to support the Officer’s recommendation of creating a new budget allocation for the Community Pool Revitalisation Program grant, in which case the funds will be required to be returned.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the officer recommendation be endorsed, works will commence in December 2014 and the project and acquittal will be completed by March 2015.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

 

1.    Approves an amendment to the 2014/15 budget on the following base:

 

Description

 Account String

2014/15 Adopted Budget  $

 2014/15 Amended Budget (PROPOSED)  $

Variance $

Capital Grants – Dept of Sport & Rec.

336-10591-1213-0000

$0

-$33,000

-$33,000

Exp Offset Acc Furniture & equipment

336-10591-7743-0000

$0

$33,000

$33,000

Net Variance

 

$0

$0

$0

 

Note:                 The Committee supported the Officer Recommendation subject to amending the value of the budget amendment to $30,000 (-$,3000) to reflect the GST exclusive value of the grant and associated expenditure allocation. The expenditure account string was also amended, as the proposed expenditure relates to infrastructure activities rather than furniture and equipment acquisitions.

 

COMMITTEE RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

 

1.    Approves an amendment to the 2014/15 budget on the following base:

 

Description

 Account String

2014/15 Adopted Budget  $

 2014/15 Amended Budget (PROPOSED)  $

Variance $

Capital Grants – Dept of Sport & Rec.

336.C3123.1213.0000

$0

-$30,000

-$30,000

Geographe Leisure Centre Landscaping.

336.C3123.3498.0000

$0

$30,000

$30,000

Net Variance

 

$0

$0

$0

 

 

 

  


Council                                                                                      23                                                          26 November 2014

11.             Planning and Development Services Report

11.1           SHARK HAZARD RESPONSE PROCEDURE

SUBJECT INDEX:

Monitoring: Shark Sightings and Attacks

STRATEGIC OBJECTIVE:

A community where people feel safe, empowered, included and enjoy a sense of good health and wellbeing.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

 

PRÉCIS

 

The increase in shark attacks and sightings along the West Australian coast over recent years has heightened community concern about shark hazard. This report seeks Council’s support for a proposed approach to responding to shark attacks and sightings by the City, as well as the City’s broader approach to water safety warnings and information provided to the public. This report does not deal with broader public policy issues relating to sharks and safety in the water more broadly.

 

 

 

BACKGROUND

 

In 2011, the WA State Government announced a series of initiatives designed to help reduce the risk of shark attack for people undertaking water based activities in the WA marine environment. The Department of Fisheries (DOF) established a Shark Hazard Response Unit to research shark populations and movements, coordinate government agency response to a shark attack and to provide advice and information to people who are considering using the water. A state wide process for reporting shark sightings was also established through the WA Water Police, with the responsibility for responding to these sightings informally devolved to the land manager nearest to the location where each shark is sighted.

 

This inferred responsibility on regional coastal land managers for responding to shark sightings, many of which are Local Governments, has prompted some consternation with this approach, as outlined  further in this report and which relate to matters such as jurisdiction boundaries,  lack of information to make informed decisions to alert the community, unpredictability of sharks, lack of resources to provide permanent beach surveillance over large expanses of coastline, limited Surf Life Saving patrolled beaches and safe swimming enclosures. This is a difficult and in many ways intractable issue, but it is seen as important that the Council understand and consider indicating its support for the fundamental approach of the City, as implemented by City officers.

 

STATUTORY ENVIRONMENT

 

The term ‘shark hazard’ is not defined in the Emergency Management Act 2005 and therefore no government Hazard Management Agency or support organisation is prescribed for the overall management of shark hazard, however, should a shark attack occur the WA Police take control of the incident. WA Police is the Hazard Management Authority for marine search and rescue in Western Australia.

 

Clause 5.3 under the City’s Property Local Law 2010, indicates that an authorized officer may perform certain functions in relation to beaches which although not being within the boundaries of the City district are regarded for those purposes as being in the district and include the function of erection of a sign and the regulating, prohibiting or restricting specified activities on the whole or any part of the beach. The authorised officer may also direct a person to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or policies especially relevant to the consideration of this matter.

 

FINANCIAL IMPLICATIONS

 

The financial implications associated with implementation of the recommendations of this report include provision and maintenance of necessary signage at key beach access paths displaying details on how to access the most recent and local shark activity.

 

The provision of beach enclosures at Dunsborough and proposed enclosure at Busselton have been funded by the WA State Government with the City responsible for the ongoing maintenance of the barrier, approximately $20,000 per year each. It is envisaged that similar funding arrangements will apply if additional enclosures are established elsewhere in the City.

 

The City funds Surf Life Saving WA to provide lifeguard services at Smiths Beach and Yallingup for the period 27 December to 1 February at a current annual cost of $108,675 per annum. Surf Life Saving WA are also directly funded by the State Government and private contributions to provide lifeguard services at Meelup and Bunker Bay for the period 24 November to 1 February. Surf Live Saving WA also support delivery of volunteer lifeguard services at Busselton Forehsore, through the Busselton Surf Live Saving Club, with services operating on weekends from 17 November to 7 March. Surf Live Saving WA have also advised that they expect, within the next few years, the Smiths Beach Surf Live Saving Club may be in a position to provide volunteer services on weekends at Smiths Beach and Yallingup. Note that the dates noted in this paragraph can change a little from year to year.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 1 ‐ Caring and Inclusive Community and Community Objective 1.1 ‐ A community where people feel safe, empowered, included and enjoy a sense of good health and wellbeing.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls, is medium or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Public Health/ Reputational

Shark attack on unpatrolled beach

Communication plan to provide shark activity report information to the public.

Moderate

Possible

Medium 13

Public Health/ Reputational

Shark attack during an event

Water based events organisers' risk management plans are required to consider shark attack (water management

plan, shark attack plan, rescue in place, shark patrols).

Moderate

Unlikely

Medium  9

 

CONSULTATION

 

Staff from South West Local Governments including the Cities of Busselton and Bunbury and Shires of Augusta Margaret River and Capel have consulted on shark related matters such as the ability of Local Government to provide a reasonable level of care, in responding to shark sightings.

 

On 5 August 2014, officers from South West Local Government and key stakeholder agencies and organisations including the Department of Premier and Cabinet, Department of Fisheries, Department of Parks and Wildlife, WA Police, Surf  Life Saving WA  and Local Government Insurance Services attended a Shark Response Think Tank meeting. The aim of this Think Tank meeting was to discuss the issues relating to shark hazard and shark sighting response and to pursue the development of risk based procedures and protocols for Local Government and other Authorities that have an inferred responsibility for responding to shark sightings.

 

OFFICER COMMENT

 

The key issues relating to shark hazard and swimmer safety are summarized as follows: 

 

·    There is no clear jurisdiction as to who owns and is responsible for responding to a shark sighting.  While WA Police is the prescribed Hazard Management Authority for marine search and rescue in Western Australia and will activate in response to a shark attack incident, this role does not extend to preventive measures or responding to shark sightings to ensure swimmer safety. 

 

Local Government coastal land managers are expected to respond to shark sightings and ensure beach safety.  While the City has extended the application of its Property Local Law to include a provision that allows an authorised City Officer to direct a person to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach, this authority does not extend to management of shark hazard in the ocean other than for the purposes identified within the City’s Property Local Law relating to erection of signage and direction of swimmers.

 

·    There is limited science to inform decisions on responding to shark sightings. The Department of Fisheries (DOF) are undertaking scientific research to increase the understanding of shark behaviour and movement patterns, including such measures as the installation of a shark monitoring network involving transmitters being inserted into captured sharks and the installation of a network of receivers to detect the transmitter when a shark is within close proximity. The DOF receiver network has been installed at various locations along the Southwest coast with an extensive network around Perth beaches. This research may assist the understanding of shark movements, however, it may be some considerable time before there is sufficient historical data to guide decisions about beach safety and shark hazard mitigation.

 

While there are some indicators that suggest an increased likelihood of a shark hazard such as water temperature, seal colonies and presence of a whale carcass, large sharks are understood to be essentially transient by nature and are therefore unpredictable. More research about shark behavior and deterrent measures is essential and it is positive that there has been a significant and ongoing increase in the investment in this field in recent years.

 

·    The level of response to a shark sighting is governed by resource availability. When a shark is sighted at a beach patrolled by SLSWA the on duty life saver will implement the SLSWA shark sighting response procedure to alert swimmers within close proximity to the shark hazard by sounding beach alarms, clearing the water of swimmers and by monitoring the shark presence and opening the beach to swimming, usually 1 hour after the last shark sighting.

 

The City has four beaches with SLSWA patrols during summer which are Smith’s Beach, Yallingup, Meelup and Busselton foreshore. The SLSWA patrols monitor swimmer safety and are able to provide an effective alert system to warn swimmers to shark hazard. It is recommended that the SLSWA procedure continue to be implemented at patrolled beaches and that Council advocates for an expansion of these services at additional locations along City beaches.

 

The City has approximately 90 kilometers of coast line, the majority of which is under the management of the City or Department of Parks and Wildlife. Except for those beaches patrolled by SLSWA in summer, there is no active monitoring of swimmer safety. It is considered that one of the most effective ways of addressing shark hazard risk and more broadly enhancing water safety would be to extend SLSWA services, especially in the late spring/early summer period, which both anecdotally and statistically and relatively high risk times for water safety, including in terms of shark attack risk.

 

·    The City regularly receives reports of shark sightings at unpatrolled beaches, mainly via the WA Police and SLSWA helicopter surveillance service that operates along the coast. For the 2014/15 summer this SLSWA Helicopter service will operate each day from 1 November 2014 to 9 February 2015 between the hours 7.00am to 5.00pm (but not continually during that period), and will return to provide beach surveillance on key holiday and public events including Easter and the Busselton Festival of Triathlon.

 

Shark sighting reports received from the Surf Life Saving helicopter surveillance service generally provide accurate details about the location of the shark, direction of travel, size and species which are essential for making decisions about swimmer safety including the erection of signage  and informing swimmers that a shark has been sighted in the vicinity. The SLSWA helicopter service is also able to provide follow up aerial surveillance of a previous shark sighting area to inform decisions about removing signage from the beach.

 

Although the Surf Life Saving helicopter surveillance service has an extensive area of coast line to patrol during summer, this service can be used to inform the City’s response when available. The City’s proposed response to shark sightings received from the Surf Life Saving helicopter would involve attending the beach where the shark is sighted to erect signage on the beach and alert  swimmers of the presence of a shark hazard.

 

Shark reports from the Department of Fisheries’ shark monitoring network also provide prompt and accurate information about the increasing number of tagged sharks from acoustic receivers off Meelup and attached to Busselton Jetty. A similar approach to SLSWA sightings is seen as appropriate with notifications from the shark monitoring network.

 

Shark sightings reported by members of the community via the WA Police are considered less accurate and are reliant on the ability of the person submitting the report to provide accurate information. Shark sighting reports from the general community often lack essential and detailed information. These reports lack details as to the shark species, direction of travel and often include approximations about shark size and location of the sighting.

 

Given the uncertainty about the reliability of the shark sighting details, that there is often a brief delay before the City receives the shark sighting report details via WA Police SMS system and that sharks are highly transient and are known to travel at a rate of 2 to 4 kilometers per hour, a shark can travel some considerable distance from its original sighting location after the report.

 

While City staff have adopted a precautionary approach and are currently responding to a significant proportion of both verified (SLS Helicopter and shark monitoring network) and unverified (other reports) shark sighting reports by erecting signage on the beach and advising swimmers that a shark has been sighted in the vicinity, the effectiveness of this practice is difficult to measure and there is uncertainty that this approach enhances swimmer safety. Rather, this approach may be contributing to further community anxiety about sharks and is not considered an effective use of resources, particularly in the circumstance where the location of the shark is unknown.

 

·    Better community awareness and education about the shared responsibility of risk is needed.  An effective communication plan is considered essential for ensuring the community is provided with the most recent information on local shark sightings to inform their decision to swim in the ocean, particularly at an unpatrolled beach. 

 

The State Government has established a reporting system to collate and relay shark sighting information to nominated local government officers and other relevant stakeholders and details of these shark sighting reports are also made available to the public. The City receives shark sighting information from a number of sources including sightings by the public, Surf Life Saving helicopter and beach patrols and other government agencies using the water. The Government’s Shark Monitoring Network also relays alerts to the DOF when a tagged shark swims within the detection radius of a receiver.

 

This shark detections and sighting information is collated and uploaded to the DOF Shark Smart website and together with the Surf Life Saving Twitter feed and smart phone Beachsafe application, provide up to date information to the community for WA beaches including patrol information, hazards, warnings, weather information, shark sightings, rescue statistics and general beach information.

 

Ideally the provision of shark spotters stationed at appropriate intervals along City Beaches would provide a high level of monitoring, however, this may not be possible due to resourcing constraints. For those unpatrolled beaches in the City district that currently do not have regular aerial or on ground surveillance services it is recommended that the City’s approach to providing information to swimmers build onto the DOF Shark Smart website and communication system currently in place to inform the community of recent shark activity.

 

This approach could be further enhanced by the establishment of permanent signage at key beach access paths displaying details on how to access the most recent and local shark activity information through the DOF Shark Smart website, Surf Life Saving twitter feed and smart phone Beachsafe application. The proposed signage will be consistent with Australian and International Standards for icons and images and include Quick Response (QR) codes for international visitors to read by QR scanners and via smartphone cameras.

 

It is recommended that water safety information and appropriate links to DOF Shark Smart website, Surf Life Saving twitter feed be included on the City’s website, with regular information also published through the Council for Community page.

 

This pre-emptive approach to direct the public to the most up to date information about shark activity may be a more effective means of alerting swimmers to shark hazard rather than the current approach which is essentially responding to shark sightings after the event.

 

·    Beach enclosures can provide a barrier between sharks and swimmers. Last year the City successfully trialled a beach enclosure located in Dunsborough. The State Government has subsequently made a decision to fund a second enclosure to be located in Busselton in coming months. Geographe Bay is generally suitable for the installation of shark net beach enclosures and it is recommended that the State Government be pursued to provide funding additional enclosures within Geographe Bay.

 

·    There are potentially a number of other means of enhancing water safety and reducing shark hazard risk that may be developed in future. Sonar warning systems may become practical at some time in the future, especially as digital image recognition improves rapidly, driven by the substantial investment by governments and private companies around in the world in autonomous vehicles (such as self-driving cars and drone aircraft) and security systems. Other research is underway looking at auditory or electro-magnetic repellent systems that may repel sharks, but not affect humans or potentially other marine life. SLSWA have also advised they are investigating remotely operated, active signage, which may be able to provide real time information to beach goers without the need for lifeguards or rangers to be physically present to advise water users. There has even been some suggestion of training dolphins to protect certain beach areas. All of these are potentially useful areas of research, but they are well beyond the technical or financial capacity of a local government.

 

Given the above, officers propose that the fundamental approach of the City, unless and until other information or technology is in place to enable better and/or more efficient management of shark hazard risk becomes available, should be as follows –

1.    In the event of a shark attack, respond to WA Police direction as necessary;

2.    Recognise that Surf Life Saving WA (SLSWA) will respond in accordance with their procedures on SLSWA patrolled beaches, when those beaches are being patrolled;

3.    Recognise that the Busselton Jetty Environment and Conservation Association (BJECA) will respond in accordance with their Shark Hazard Management Plan in relation to the Busselton Jetty;

4.    Liaise with Geographe Bay Tourism Association (GBTA) with the aim of having that organisation take on responsibility for active placement of shark hazard warning signage at Busselton Foreshore (and note there has been informal, officer level discussion with the Association in that regard, but further discussion is necessary);

5.    As resources allow, and accepting that emergency and enforcement matters must take precedence, such as bushfires or dog attacks, City Rangers to actively respond through placement of temporary signage and warning persons on the beach or in the water, where there are verified sightings (from the SLSWA Helicopter or Shark Monitoring Network) of large sharks (greater than 2.5 metres in length) within 1.0 kilometre of coastal, beach locations (i.e. excluding rocky coastline areas) managed by the City (i.e. excluding National Park and private land);

6.    Provide information to the community through the City website and water safety signage at key beach access locations, including how persons can access information about shark hazard, including real time information via the SLSWA website and Twitter feed, including appropriate ‘QR’ codes;

7.    Request that the State Government consider  funding additional SLSWA services in the City of Busselton to enhance water safety in the State’s premier  tourism destination;

8.    Support continued State Government engagement in shark hazard response matters; and

9.    That the CEO prepare a more detailed policy to guide the City’s shark hazard response for consideration by the Policy and Legislation Committee.

 

CONCLUSION

 

The approach to shark sightings set out in this report and recommendations below is considered a best practice approach for informing swimmers on the latest shark activity in the area and for swimmer safety.

 

OPTIONS

 

The Council may resolve not to implement a shark sighting response procedure and request the State Government to provide shark monitoring services for City beaches. State Government officers, however, have indicated that the Government does not intend to do so and the chances of success with any such request are seen as being extremely low

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The officer recommendation will be implemented immediately following Council support for the development of a detailed operations and communication plan for responding to shark sightings. It is anticipated that shark sighting response strategy will be presented at the February 2015 meeting of Council.

 

 

OFFICER RECOMMENDATION

 

That the Council, in relation to shark hazard response, endorse a fundamental approach by the City as follows -

 

1.    In the event of a shark attack, respond to WA Police direction as necessary;

2.    Recognise that Surf Life Saving WA (SLSWA) will respond in accordance with their procedures on SLSWA patrolled beaches, when those beaches are being patrolled;

3.    Recognise that the Busselton Jetty Environment and Conservation Association (BJECA) will respond in accordance with their Shark Hazard Management Plan in relation to the Busselton Jetty;

4.    Liaise with Geographe Bay Tourism Association (GBTA) with the aim of having that organisation take on responsibility for active placement of shark hazard warning signage at Busselton Foreshore;

5.    As resources allow, City Rangers to actively respond through placement of temporary signage and warning persons on the beach or in the water, where there are verified sightings (from the SLSWA Helicopter or Shark Monitoring Network) of large sharks (greater than 2.5 metres in length) within 1.0 kilometre of coastal, beach locations (i.e. excluding rocky coastline areas) managed by the City (i.e. excluding National Park and private land);

6.    Provide information to the community through the City website and water safety signage at key beach access locations, including how persons can access information about shark hazard, including real time information via the SLSWA website and Twitter feed, including appropriate ‘QR’ codes;

7.    Request that the State Government consider  funding additional SLSWA services in the City of Busselton to enhance water safety in the State’s premier  tourism destination;

8.    Support continued State Government engagement in shark hazard response matters; and

9.    That the CEO prepare a more detailed policy to guide the City’s shark hazard response for consideration by the Policy and Legislation Committee.

 

 


Council                                                                                      31                                                          26 November 2014

11.2           MANAGEMENT OF DOGS ON BEACHES

SUBJECT INDEX:

Animal Management

STRATEGIC OBJECTIVE:

A Council that engages broadly and proactively with the community.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Proposed Dog Management on Beaches for Consultation  

  

 

This report proposes the revocation of parts of a previous decision of the Council from 22 October, 2014.  In accordance with the Local Government (Administration) Regulation 10, if a decision has been made at a Council meeting, then any motion to revoke or change the decision must be supported by three members of the Council and the decision must be made by absolute majority.

 

PRÉCIS

 

At its 22 October 2014 meeting, the Council resolved to adopt, as drafts for consultation, a range of proposed determinations in relation to the management of dogs in public places, including beaches. The formal consultation has not yet commenced, but there has been very considerable community interest, and in many quarters very significant concern, with the proposals, especially in relation to dogs on beaches. At an informal briefing session on 19 November 2014, Councillors indicated a willingness to revisit that October decision as a late item at this, the 26 November meeting.

 

It is recommended that the Council revoke those elements of the October resolution that related to dogs on beaches. It is further recommended that the Council adopt new proposed determinations that would, if finally adopted after consultation, allow dogs to be taken onto more beach areas, more of the time, than would have been the case had the October resolution been adopted in final form, after consultation.

 

If the Council makes a resolution consistent with the officer recommendation, formal consultation would be expected to commence in February 2015, with the proposals being further considered by the Council after consultation in April or May 2015. Because of the statutory and general good governance requirements for consultation, it is not possible to make any changes to the controls on dogs on beaches before consultation has occurred, and therefore prior to April/May next year.

 

 

BACKGROUND

 

Consideration of this issue by the Council on 22 October 2014 followed an earlier report to the Council’s 24 September meeting. Extensive background information and other important context was presented to the Council in the agenda reports for those two meetings, and is therefore not repeated here. Those reports can be accessed via the City’s website.

 

STATUTORY ENVIRONMENT

 

See report presented to the Council’s 24 September 2014 meeting.

 

RELEVANT PLANS AND POLICIES

 

See report presented to the Council’s 24 September 2014 meeting.

 

FINANCIAL IMPLICATIONS

 

See report presented to the Council’s 24 September 2014 meeting.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Objective 6.1 of the City’s Strategic Community Plan 2013, which is; “A Council that engages broadly and pro-actively with the community”.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium, or greater.

 

Risk

Category

Control(s)

Likelihood

Consequence

Risk

Significant public objection to proposed approach

Reputational

Develop a sound approach and communicate that approach clearly and consistently

Possible

Minor

Medium

 

CONSULTATION

 

The presentation of this report reflects very considerable community interest, and in many quarters very significant concerns, with the proposals adopted as drafts for consultation by the Council in October. The proposals presented in this report seek to address those concerns and also reflect officer assessment and review of submissions as part of a consultation process undertaken in late 2012 – at which time nearly 800 submissions were received by the City. More information regarding that process and the outcomes is set out in the report presented to the Council’s 24 September 2014 meeting.

 

Should the Council adopt the officer recommendations it is expected that formal consultation would commence in February 2015. The relevant legislation specifies a minimum consultation period of 28 days. Officers would develop and implement a broad consultation programme to ensure that the community is fully informed of the proposals and has excellent opportunities to provide comment.

 

OFFICER COMMENT

 

It is clear that the proposals for management of dogs on beaches adopted as drafts for consultation by the Council in October have generated very considerable community interest and very significant community concern. The proposals adopted by the Council were significantly more restrictive than what the community has become used to and what a significant proportion of the community considers is appropriate.

 

It is considered important that an appropriate balance is struck between the needs and desires of those who want to exercise their dogs on beaches, and those who wish to use beaches for other pursuits, which may at times be incompatible with the exercising of dogs. Because the City does have such a long coastline, however, there is plenty of scope to allocate beach areas to meet a diverse range of needs and desires.

 

The proposals presented for the Council’s consideration at this time are considered to provide for an appropriate balance, noting that consultation is still required. Having completed and considered the outcomes of the consultation process, the Council will still have the ability to refine and modify the proposals if that is considered appropriate.

 

The proposals presented would, if finally adopted after consultation, allow dogs to be taken onto more beach areas, more of the time, than would have been the case had the October resolution been adopted in final form, after consultation. The proposals do, however, still identify areas where dogs would be prohibited all of the time, as well as larger areas where dogs would be prohibited during the daytime, during the peak summer period, but not at other times.

 

The proposals are similar to, but not the same as, those presented to the Council’s 24 September meeting, and reflect discussion at an informal briefing session on 19 November. The proposals also reflect officer assessment and review of submissions as part of an earlier consultation process undertaken in late 2012. A plan illustrating the proposals is provided as Attachment A, noting that in some instances the numbering of beach segments is non-sequential, which is deliberate and intended to facilitate easy comparison with earlier proposals. Before consultation actually commences, however, a map would be prepared in which beach segments would be sequentially numbered.

 

Note that proposals for management of dogs on beach areas adjacent to Yallingup townsite are illustrated on Attachment A; but as the City does not have the care and control of the beach in that area currently, cannot and does not form part of the officer recommendation. Separate processes are underway to resolve land tenure issues on the beach adjacent to both Yallingup and Smiths Beach, and it is expected those issues will be resolved in coming years, following which dog management issues could also be resolved.

 

CONCLUSION

 

The officer recommendation is considered to provide a balanced and workable approach to the management of dogs on beaches, which it is recommended that the Council support, so that community consultation can occur.

 

OPTIONS

 

The Council could decide to not revoke the October resolution at it relates to dogs on beaches, or could resolve to modify the officer recommendation, whilst still revoking the relevant elements of the October resolution.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the officer recommendation would involve the undertaking of community consultation, which it is expected would commence in February 2015. Following consultation this matter would be referred back to the Council for further consideration, which it is expected would occur in April or May 2015.

 

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Revokes parts (g) and (h) of Council decision C1410/267 of 22 October, 2014 as they relate to the Management of Dogs on Beaches.

 

2.    Determines that the following will replace part (g) of the previous resolution of the Council relating to the Management of Dogs on Beaches (for consultation):

 

g.         Beach areas, including the beach only (i.e. from the limit of ephemeral vegetation or the toe of a seawall to the high water mark only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorised as ‘Prohibited’, ‘Exercise’, ‘Seasonal’ or ‘Modified Seasonal’, with those areas being defined as follows –

‘Prohibited’ is as per s31(2B)(a) of the Dog Act 1976 and means that dogs are prohibited at all times (except assistance dogs and other dogs exempted by State and Commonwealth law);

 

‘Exercise’ is as per s31(2) of the Dog Act 1976 and means that dogs are permitted, including off-leash, at all times, except when approved, organised events are taking place, wherein dogs are to be prohibited, unless specifically permitted by the City (except assistance dogs and other dogs exempted by State and Commonwealth law);

 

‘Seasonal’  means that dogs are permitted as per ‘Exercise Areas’, except between 9am and 5pm during the period 1 December to 28 February inclusive, when they are prohibited as per ‘Prohibited Areas’; and

 

‘Modified Seasonal’ means that dogs are permitted as per ‘Exercise Areas’, except during the period 1 August to 30 April inclusive, when they are permitted at all times, but only a leash as per s31(1) of the Dog Act 1976.

 

3.    Determines that the following will replace part (h) of the previous resolution of the Council relating to the Management of Dogs on Beaches (for consultation):

 

h.         Beach areas under the care, control or management of the City (therefore excluding privately owned land, land in National Park and Unallocated Crown Land), extending along the coast from the Shire of Capel boundary to the Shire of Augusta-Margaret River boundary, to be categorised according to the categories described at (g) above and as follows –

 

Segment

Description

Proposed category

1.  

Municipal boundary (with Shire of Capel) to Port Geographe Marina eastern groyne

Exercise

2.  

Port Geographe Marina eastern groyne to Port Geographe Marina western groyne

Seasonal

3.  

Port Geographe Marina western groyne to access path from Groyne Road car park

Exercise

4.  

Beach access path from Groyne Road car park to beach access path from car park east of Russell Street

Seasonal

5.  

Beach access path from car park east of Russell Street to beach access path from car park at Ford Road/Geographe Bay Road intersection

Exercise

6.  

Beach access path from car park at Ford Road/Geographe Bay Road intersection to a point parallel with a seaward extension of Brown Street

Seasonal

7.  

A point parallel with a seaward extension of Brown Street to the westernmost beach access steps between West and Gale Streets

Prohibited

9.  

Westernmost beach access steps between West and Gale Streets to the beach access stairs on the eastern side of the King Street car park

Exercise

10.  

Beach access stairs on the eastern side of the King Street car park to the beach access from the Margaret Street car park

Seasonal

11.  

Beach access from the Margaret Street car park to the east of the groyne between Craig Street and Bower Road (i.e. either side of Vasse Diversion Drain)

Exercise

12.  

Beach access just to the east of the groyne between Craig Street and Bower Road to beach access from car park opposite Mandalay Holiday Park

Seasonal

13.  

Beach access from car park opposite Mandalay Holiday Park to beach access path at end of Alan Street

Exercise

14

Beach access path at end of Alan Street to beach access path at end of Harnett Street

Seasonal

15.  

Beach access path at end of Harnett Street to eastern side of car park associated with Abbey Boat ramp

Exercise

16A.  

Eastern side of car park associated with Abbey Boat ramp to Buayanyup Drain

Seasonal

16B

Buayanyup Drain to Locke Drain (adjacent Locke Estate)

Prohibited

17.  

Locke Drain to Siesta Park Groyne

Exercise

18.  

Siesta Park Groyne to western boundary of Siesta Park Holiday Park

Seasonal

19.

Western boundary of Siesta Park Holiday Park to eastern side of Quindalup Boat Ramp

Exercise

22.  

Eastern side of Quindalup Boat Ramp to 1.1km to western side of ‘Fisherman’s Boat Ramp

Seasonal

23.  

Western side of ‘Fisherman’s Boat Ramp to beach access to the east of Lot 30 (237) Geographe Bay Road

Exercise

24.  

Beach access to the east of Lot 30 (237) Geographe Bay Road to beach access from car park to the west of Dunsborough YHA

Seasonal

25.  

Beach access from car park to the west of Dunsborough YHA to beach access path just to beach access west of Tulloh Street (adjacent Elmore Lagoon)

Prohibited

26.

Beach access path just to beach access west of Tulloh Street to beach access from Centennial Park car park

Exercise

27.  

Beach access from Centennial Park car park to Gifford Road beach access path

Prohibited

28.  

Gifford Road beach access path to beach access path just to the north west of Burt Court

Exercise

29.  

Beach access path just to the north-west of Burt Court to the southern boundary of Meelup Regional Park (just to the north of Hurford Street)

Seasonal

30.  

Southern boundary of Meelup Regional Park to Eagle Bay Baudins Memorial beach access path

Prohibited

31.

Eagle Bay Baudins Memorial beach access path to Jingarmup Brook (and within Meelup Regional Park)

Seasonal

32.  

From Jingarmup Brook 450 metres to the north (and within Meelup Regional Park)

Modified Seasonal (dogs allowed on leash from 1 August to 30 April, allowed to be exercised off leash the rest of the year)

33.  

From 450 metres north of Jingarmup Brook to northern end of Bunker Bay where Leeuwin Naturaliste National Park begins (and other than small areas where private land extends to the high water mark, within Meelup Regional Park)

Prohibited

 

 

  


Council                                                                                      37                                                          26 November 2014

12.             Engineering and Work Services Report

Nil


Council                                                                                      37                                                          26 November 2014

13.             Community and Commercial Services Report

13.1           PUBLIC CONSULTATION FOR THE PROPOSED DUNSBOROUGH COMMUNITY SITE AND PROPOSED LEASES WITH ASSOCIATED GROUPS

SUBJECT INDEX:

Agreements/Contracts

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Community Development Officer - Naomi Davey

Property Coordinator - Ann Sanford

Strategic Planner - William Hosken

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Site Concept Plan – Option 1

Attachment c    Lease/Licence Areas

Attachment d   Summary of Submissions  

Attachment e    Site Concept Plan – Option 2  

  

 

PRÉCIS

 

The City of Busselton has been approached by various Dunsborough based community groups each seeking a suitable site to develop and base their operations. Officers have consulted with these groups to understand their requirements, and in conjunction with the City’s strategic land review project, assessed whether any City owned or managed land could be utilised for these purposes.

 

On 12 November 2014 the Council considered a report proposing the leasing of a portion of Lot 3003 Dunsborough Lakes Drive, Dunsborough to four community groups to facilitate the development of club facilities on this site. Following the Council’s consideration on the matter, and subsequent site visits to re-assess various locations for individual Group establishment, this report seeks Council’s endorsement of the proposal and makes recommendations on the future use of this parcel of land, and necessary tenure arrangements.

 

 

BACKGROUND

 

In 2013 the City was approached by the Lions Club of Dunsborough, Dunsborough Community Garden Inc. and Dunsborough Community Men’s Shed Inc. who were looking for a suitable site to develop club and community facilities.  Following thorough investigations of various sites, Lot 3003 Dunsborough Lakes Drive, Dunsborough was identified to be the most suitable site for the three Groups (attachment A).  In order to progress planning for the proposed site as a collective, the three groups nominated representatives and formed a collective incorporated body, the Dunsborough Greenfield Community Group Inc (DGCG).  Since this time, considerable resources have been allocated towards finalising a site concept plan for Lot 3003.

 

On 12 November 2014, following a five week public consultation period, a concept plan for ultimate development of the site (attachment B) and a plan of proposed lease/license areas (attachment C) was presented to the Council for consideration.  The concept plan presented included revisions designed to address a number of concerns identified through the public submission process (attachment D). This principally included the deletion of a secondary access to the site from Greenfields Road to address traffic concerns and the relocation of the Lions Shed away from the north western corner of the site to address visual amenity concerns.

 

 

On 12 November the Council resolved (C1411/298) as follows:

 

That the Council:

 

1.                Acknowledges the Summary of Submissions (Attachment C) prepared in response to the   public consultation process for the proposed Dunsborough Greenfields Community Group            site

 

2.               Requests the CEO to provide a written response to the author of the petition received on 24 September 2014, advising of the amendments made to the proposal for this site and the outcome of the Council’s consideration of this matter

 

3.               Authorises the CEO to enter into a lease and licence agreement with the Dunsborough      Greenfields Community Group Inc. for the occupation of a portion of Lot 3003, Plan 19111,     Volume 1958, Folio 853, Dunsborough Lakes Drive, Dunsborough as identified in Attachment                E, subject to the following:

 

a.            The lease and licence being consistent with the City’s standard community and sporting group lease and licence agreement with the addition of the following;

                                               

                                                (i)            the permitted use to include restrictions on trading, open days and                                                            markets; and

                                                (ii)           the lessee is obligated to revegetate and maintain  vegetated                                                                      buffers to the perimeters of the site.

 

b.            The term of the lease to be 5 years, commencing on 1 December 2014 with a further 5 year option commencing on 1 December 2019;

 

c.             The annual rent to be $200.00 inclusive of GST increased annually  by CPI;

 

d.            All costs for the preparation of the lease to be met by the Lessee; and

 

e.             All costs associated with developing the site to be met by the Lessee.

 

4.               Authorises the CEO to enter into a lease agreement with the Lions Club of Dunsborough, for           the occupation of a portion of Lot 3003, Plan 19111, Volume 1958, Folio 853, Dunsborough   Lakes Drive, Dunsborough as identified in Attachment E, subject to the following:

 

a.            The lease being consistent with the City’s standard community and sporting group             lease agreement with the permitted use to include restrictions on trading, open days        and markets.

 

b.            The term of the lease to be 5 years, commencing on 1 December 2014 with a further 5 year option commencing on 1 December 2019;

 

c.             The annual rent to be $200.00 inclusive of GST increased annually  by CPI;

 

d.            All costs for the preparation of the lease to be met by the Lessee; and

 

e.             All costs associated with developing the site to be met by the Lessee

 

5.               Defers authorisation for the CEO enter into a lease agreement with the Dunsborough Community Garden Incorporated for the occupation of a portion of Lot 3003, Plan 19111, Volume 1958, Folio 853, Dunsborough Lakes Drive, Dunsborough until alternative locations are fully investigated and presented to Council for further consideration.

 

6.            Defers authorisation for the CEO to enter into a lease agreement with the Dunsborough Community Men’s Shed Inc. for the occupation of a portion of Lot 3003, Plan 19111, Volume 1958, Folio 853, Dunsborough Lakes Drive, Dunsborough until alternative locations are fully investigated and presented to Council for further consideration.

 

Further to this resolution, and largely as a result of perceived noise issues associated with the location of the Men’s Shed, Councillors requested a meeting on site to consider alternative locations for the proposed Men’s Shed such that the overall site plan and relevant lease/licence area would be reconsidered at a later date. The purpose of this report is to present the findings of these investigations and to re-presented this matter for the Council’s consideration.

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means, a Local Government is bound by the requirements of section 3.58 of the Local Government Act 1995.  However 3.58 (5) (d) provides exemptions to this process under Regulation 30(2)(b)(i) & (ii) of the Local Government (Functions & General) Regulations.

 

The section states “disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the members of which are not entitled to receive any pecuniary profit from the body's transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act 1995. The constitutions of the four organisations are such that this exemption applies.

 

Lot 3003, Plan 19111, Volume 1958, Folio 853 Dunsborough Lakes Drive, Dunsborough is freehold land owned by the City of Busselton.  

 

RELEVANT PLANS AND POLICIES

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The rent charged to community and sporting groups leasing City owned or managed land and/or buildings is currently $200.00 per annum (inclusive of GST) as per the adopted 2014/15 schedule of Fees and Charges.  It is proposed that this annual rent is charged to all four organisations (the collective organization and individual groups).

 

All costs associated with developing and maintaining the site are the responsibility of the Lessees, which is consistent with the approach the City has taken in relation to other community groups who wish to lease and develop vacant reserves or City owned land.

 

Through the 2014/15 Community Bids Programme, the DGCG was successful in obtaining $20,000 for the development of common user infrastructure to allow the project to proceed.  This has been included in the adopted 2014/15 budget.

 

 

STRATEGIC COMMUNITY OBJECTIVES

 

The following components of the City of Busselton Strategic Plan are relevant in considering these recommendations:

 

Key Goal Areas

 

1. Well Planned, vibrant and active places

·        A City where the community has access to quality cultural, recreation and leisure facilities and services.

 

Council Strategy

 

·        Ensure our recreational facilities meet the needs of our growing community;

•          Maintain community assets at an appropriate standard, consulting with the community about expectations and costs of maintenance.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework.  The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well.  Given the controls existing in the City’s standard leasing practice, no risks were identified as ‘medium’ or greater in this assessment.

 

CONSULTATION

 

The proposed community site was publicly advertised for a period of five weeks to 19 September 2014 and approximately 30 letters were sent to adjoining landowners. During this time 46 submissions were received, as detailed in Attachment D.

 

Detail and discussion of issues identified in the public submissions were contained in the report to the Ordinary meeting of Council of 12 November 2014. It is noted that a significant proportion of submissions related only or principally to traffic and road safety concerns on Windlemere Drive, owing to the current construction of Greenfields Road and Ballard Loop by the Lakes Entrance developer.

 

It is also noted that in relation to two of the key issues being considered in preparing alternative designs, seven submissions raised concerns about environmental disturbance resulting from the proposal and five submissions raised concerns about noise, residential amenity and buffering.

 

At the Ordinary meeting of Council on 24 September 2014, Council formally received a petition signed by 37 people, predominantly from residents within Windlemere Estate requesting no road connection from the proposed community site to Windlemere Estate on the basis that this would add to concerns over traffic safety.  This concern was discussed in detail in the report to the Ordinary meeting of Council on 12 November 2014.

 

OFFICER COMMENT

 

At the Ordinary meeting of Council on 12 November 2014, Council resolved (C1411/298) to enter into a lease and license agreement with the DGCG and lease agreement with the Lions Club of Dunsborough as per attachment C.  Due to the perceived concerns relating to noise emanating from the Men’s Shed, Council did not resolve to enter into lease agreements with the Dunsborough Community Garden or Dunsborough Community Men’s Shed at this time to enable sufficient time to visit the site to assess potential alternate locations for the Men’s Shed. Given that any change to the site plan as outlined in attachments B and C will alter the lease and licence agreements with the DGCG and Lions Club, Officers have been unable to progress the finalisation of the agreements with the respective Groups, and as such, the project has been unable to proceed.  It is to be noted that the project cannot proceed until the entire site plan and lease/licence areas are endorsed by Council.

 

Option 1 - Concept Plan (attachment B)

 

Following a five week public consultation period, Officers presented the concerns identified in the submissions to the community group proponents and discussed potential changes to the advertised site concept plan which might address these issues. The community groups then prepared a revised concept plan which was submitted for the Council’s consideration on 12 November 2014 (attachment B). This included the following key changes:

 

*          Removal of access to the site from Greenfields Road, to reduce the likelihood of traffic along Windlemere Drive; and

*          Relocation of the proposed Lions Shed and associated car parking/access away from the north-western corner of the site, to increase the visual buffer to residences in this vicinity.

 

This Concept Plan remains the Groups’ and Officers recommended development option as it maximises the potential use of the site and responds to the substantive concerns raised through the public submission process.  As previously reported, concerns relating to perceived noise of the Men’s Shed can be overcome through the development design and regulated hours of use.  The proposed Men’s Shed site is located approximately 40m from the nearest resident. 

 

Option 2 - Concept Plan (attachment E)

 

Following further site meetings with representatives from the Men’s Shed, Lions Club and Councillors on the 13 and 17 of November 2014, a second version of the revised concept plan has been prepared for Council’s consideration (see attachment E).  It is to be noted however that this option has not been formally considered by the DGCG, so their support or otherwise for the proposal is unknown.

 

This design is not considered preferable to Option 1 (attachment B) as it reduces the area available to the Dunsborough Community Garden and increases the distance for service connection to the Lions Shed (which is expected to be the first significant building on the site).

 

This design however, is considered preferable to a direct swap of locations for the Lions and Men’s Sheds as it would increase the distance from both sheds to lots in Windlemere estate, would decrease the development costs for the Lions Shed (relative to a direct swap), and would reduce the clearing required to develop the site (thereby reducing ambiguity in relation to the need for clearing approvals to be sought).

 

Option 3 - Co-location of the Lions and Men’s Sheds

 

The potential to co-locate the Lion’s and Men’s Sheds within the vegetated (parkland cleared) area in the vicinity of where the Lions Shed is proposed in the Option 1 concept plan (attachment B) was raised.

 

While possible to progress layout options in this area, each would increase the likelihood that Commonwealth environmental approval will be required for ultimate development of the site, and possibly at earlier stages of development of the site given the cumulative impact, compared with the Options 1 and 2 options discussed above.

 

All layout options for the co-location of two sheds in this area (along with the increased access and parking area that this would require) would reduce the distances to residences along Dunsborough Lakes Drive, which may result in the need for further community consultation to occur. By comparison, the location of the Men’s or Lions Shed in this location as shown in Options 1 or 2 is approximately an equal distance from residences on the north and south sides.

 

Environmental Approvals Process

 

Due to the identification of this area as supporting habitat for the Western Ringtail Possum and Carnaby’s Cockatoo, approval to clear within vegetated areas may be required from the Commonwealth Department of Environment (DoE). This will depend upon the number of mature trees being removed, notwithstanding the vegetation type or existence of understorey vegetation.

 

The first stage in this process is completion of a self-assessment which provides guidance to determine whether a referral to the DoE is necessary. The second stage is completion of a flora and fauna survey by a professionally qualified consultant, which will provide advice on the habitat values associated with areas proposed to be cleared and therefore whether the need exists to refer the proposal to the DoE. This survey would cost in the order of $3,000 to $5,000.

 

The third stage of this process is referral of the proposal to the DoE, who will determine (within 20 business days) whether the need exists for an assessment to be completed by the Department. This referral and preliminary assessment costs approximately $7,000. Should the Department determine that a full assessment is required to be undertaken, this will require further time and costs which are determined more specifically according to the case, although a discount or waiver can be applied for by not for profit groups.  The timeframe for this is unknown, however it is expected to take a considerable amount of time.

 

Clearing approvals by the State Department of Environmental Regulation are generally required where 1000m2 or more of vegetation is proposed to be cleared, based on canopy assessment (aerial photography). This will be required prior to the development of a design which co-locates the Lions and Men’s Sheds within vegetated parts of the site, however this is not anticipated for options 1 or 2. State approval is not required separately if Commonwealth approvals are required (assessed by the Commonwealth only). State clearing approval is likely to be required.

 

Leasing

 

If the proposed Option 1 as shown as Attachment B is endorsed by Council, it is proposed that the City enter into lease agreements with the individual groups for the exclusive use for the portion of land that they wish to develop as follows:  

 

·    Lions Club for the portion of land (approx 350m2) as indicated in Attachment C;

·    DCG for the portion of land (approx 3500m2) as indicated in Attachment C and

·    Men’ Shed for the portion of land (approx 500m2) as indicated in Attachment C.

 

A shared-use amenities building is proposed on the site which includes a meeting room, kitchen and ablutions.  In addition the proposed car parking areas and access ways would be shared-use.  This will be facilitated by the City entering into a lease for the shared-use amenities building and a licence agreement for other common areas with the DGCG as indicated in attachment C.

 

The licence agreement would include the car parks, access ways, vegetated buffer zones and the areas surrounding each individual leased site.   The DGCC will be responsible for construction and maintenance of all common areas subject to the licence agreement however they would not be permitted to restrict access to the general public to these areas.

 

It is proposed that the City’s standard lease agreement for community and sporting groups will be entered into.  However given the community consultation the lease will include a condition that will require the lessee to seek approval from the City prior to undertaking any type of trade including but not limited to market days on the site.  

 

It is recommended that all the proposed agreements commence and expire simultaneously.  The recommended term is for 5 years with a further 5 year option, this is consistent with similar leases recently endorsed by the Council. 

 

Development Considerations

 

Should the Council support the proposed leasing arrangements, the lessees will be responsible for any development costs, including environmental survey and approvals as required.  Option 1 provides an indication of the form of development proposed for the site, as well as identifying the location of facilities and infrastructure to be utilised commonly by all groups.

 

While each of the groups are likely to undertake some fundraising activities and hold open days, the proposed site is not suitable for the operation of regular markets due to access and parking limitations. The operation of markets at this site is not currently permitted in accordance with the City’s Markets Policy. Limited public trading associated with fundraising activities is proposed by the Lions Club, including the sale of goods by open hours or appointment however the City may retain the right to restrict these operations should concerns arise.

 

Development of the site has been designed to retain significant trees and clusters, and although some trees are proposed to be removed this has been minimised such that State and Federal clearing controls are not triggered by the proposal. The retention of vegetation on the site minimises impact on the visual amenity of neighbouring residential areas, and the revegetation and maintenance of these vegetated buffers is proposed as a condition of the license agreement to the DGCG.

 

Planning approval for the proposed land use and built improvements on the site will be required following the granting of leases, as the subject site is zoned ‘Recreation’.

 

Funding

 

Preliminary investigations into development costs indicate that ultimate development will require several hundred thousand dollars of capital funds, however development of the site is likely to be incremental as fundraising and grant funding is achieved. This also reflects the different financial capabilities of the groups as well as their varying reliance on funding for developing their operations on the site.

 

Each group has submitted a business plan in support of this proposal to demonstrate their development and operational costs, as well as how these might be met through various funding sources. Particularly for the two newest groups these plans will require ongoing review as these clubs develop, however Officers recommend that the business plans submitted are sufficient to demonstrate club models whereby financial sustainability can be achieved in the future.

 

Officers will continue to advise the groups in relation to funding opportunities from external agencies, particularly for initial and common development of the site (car parking, service connection, and common facilities). Officers consider that the likelihood of funding support is improved by the co-location of the three groups and supported by the recent allocation of seed funding through the City’s Community Bids program.

 

Should one or more groups cease operating in the future, they will be required to remove any infrastructure and other property from the site in accordance with standard lease terms, unless otherwise negotiated. While this would result in additional costs to the remaining groups in managing the common facilities on the site, the potential for other user groups to occupy the site could be reviewed at such time.

 

CONCLUSION

 

Officers remain of the opinion that the site plan as outlined in Option 1 (see attachment B) represents the best development option.  Amended as a result of a thorough public consultation process, this concept plan maximises the usage of the site, minimises the visual impact of the site on nearby residences, mitigates the need to undertake a Commonwealth vegetation clearance process, has the support of the DGCG, and will allow all Clubs to commence their development processes immediately.  Council is therefore requested to support the Officer Recommendation for the City to progress with formalising the use and occupation for this site as outlined.

 

OPTIONS

 

The Council may consider the following options in relation to this proposal:

 

1.            The Council could resolve to enter into lease/license agreements as proposed but in relation to the areas identified in the Concept Site Plan Option 2 at Attachment E. Officers do not consider this option as providing for the best use of the site relative to the Concept Site Plan Option 1.

 

2.            The Council could defer consideration of entering into lease/license agreements pending the preparation of an alternative design prepared in accordance with the direction of the Council. Officers do not recommend this option as this may require further design work and consultation which could further delay the progress of the groups, in particular the Lions Club.

 

3.            The Council could defer consideration of entering into lease/license agreements and further investigate an alternative site for the proposal at the Council’s recommendation. Officers do not recommend this option as limited publicly owned sites exist which meet the same criteria and no other public owned sites which could accommodate all three groups together.

 

4.            Refuse to support the allocation of City owned/managed land for this purpose at this time. Officers do not recommend this option as the continuance of all three groups would be affected.

 

5.            Council could resolve to enter into lease agreements with all parties, but for a different term.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer recommendation would involve the preparation and signing of leasing documentation in accordance with the Council resolution, which it is anticipated would be completed within three months.

 

OFFICER RECOMMENDATION

That the Council, in conjunction with resolution C1411/298:

 

1.            Authorises the CEO to enter into a lease agreement with the Dunsborough Community   Garden Incorporated for the occupation of a portion of Lot 3003, Plan 19111, Volume 1958,         Folio 853, Dunsborough Lakes Drive, Dunsborough as identified in Attachment C, subject to           the following:

 

a.      The lease being consistent with the City’s standard community and sporting group lease                 agreement with the permitted use to include restrictions on trading, open days and markets.

 

b.      The term of the lease to be 5 years, commencing on 1 December 2014 with a further 5 year          option commencing on 1 December 2019;

 

c.      The annual rent to be $200.00 inclusive of GST;

 

d.      All costs for the preparation of the lease to be met by the Lessee; and

 

e.      All costs associated with developing the site to be met by the Lessee.

 

2.            Authorises the CEO to enter into a lease agreement with the Dunsborough Community Men’s     Shed Inc. for the occupation of a portion of Lot 3003, Plan 19111, Volume 1958, Folio 853,                Dunsborough Lakes Drive, Dunsborough as identified in Attachment C, subject to the            following:

 

a.      The lease being consistent with the City’s standard community and sporting group lease                 agreement with the permitted use to include restrictions on trading, open days and markets.;

 

b.      The term of the lease to be 5 years, commencing on 1 December 2014 with a further 5 year          option commencing on 1 December 2019;

 

c.      The annual rent to be $200.00 inclusive of GST;

 

d.      All costs for the preparation of the lease to be met by the Lessee; and

 

e.      All costs associated with developing the site to be met by the Lessee.

 

 

 

  


Council                                                                                      47                                                          26 November 2014

14.             Finance and Corporate Services Report

14.1           DEPARTMENT OF LOCAL GOVERNMENT AND COMMUNITIES LEASE AND OCCUPATION BY BUSSELTON CHILD CARE CENTRE INC.

SUBJECT INDEX:

Agreements/Contracts

STRATEGIC OBJECTIVE:

A community that provides opportunities for our youth to learn, grow, work and become healthy adults.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property Services

REPORTING OFFICER:

Property Coordinator - Ann Sanford

AUTHORISING OFFICER:

Manager, Corporate Services - Sarah Pierson

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Plan of Lot 73 Peel Terrace

Attachment b    Plan of leased Premises  

  

 

PRÉCIS

 

In 2013 the City of Busselton entered into a lease agreement with the Department for Local Government and Communities (“the Department”) for the use and occupation of a portion of Lot 73 Peel Terrace, Busselton, as shown edged in red on the Plan marked as Attachment B  (“the Premises”).  The Premises are currently used for the purpose of child care. 

 

The lease agreement was for a term of 12 months, which is due to expire on the 29 November 2014.  The Department are seeking to renew their existing lease with the City and in turn wanting to formalise occupation of the Child Care Centre for a longer term.

 

The City is now in a position to offer a longer term lease to the Department.  The purpose of this report is to make a recommendation on the future leasing of the Premises that would meet the requirements of the current occupant and best serve the interests of the City of Busselton. 

 

 

 

BACKGROUND

 

Lot 73 Peel Terrace, Busselton (“the Land”) is freehold land owned by the City of Busselton. The cadastral boundaries of the Land are shown edged green on the Plan marked as Attachment A. The Busselton Child Care Centre, Geographe Bay Tourism Association and Busselton Senior Citizens Centre are all located on the Land. Additionally, the Land consists of the formal and informal car-parking, the Waljin Aboriginal Garden and extensive wetland area. 

 

             The Department constructed a building on the Land for the purposes of a day care centre for children      and entered into a licence agreement with the Busselton Child Care Centre Incorporated (“the          BCCC”) for this purpose.  The City then entered into an agreement (“the Agreement”) with the    Department for the use of the Premises by the BCCC. When this Agreement expired in 2008 the BCCC           were planning to relocate to the Busselton Community Resource Centre.  They subsequently decided      against the relocation and remained in the Premises on a periodic tenancy basis until 2013.   

 

             On 12 May 2010, a report was presented to Council concerning a number of City owned land       holdings and the strategic options available or associated with these. The Land on which the day care      centre stands was identified in the report and the Council resolved in part C1005/158 the following;

 

             “That the CEO be authorised to act on the following land matters;

 

             3. That with exception of the Wetlands Centre, the Council delay any decisions on developing and/or         leasing any area of Lot 73 Peel Terrace until a study of the potential uses of the land and their           associated costs and benefits are presented to the Council by June 2011.”

 

             A report was presented to Council on the 30 October 2013 with a recommendation to offer the Department a 12 month lease term whilst the Strategic Land Review was still being concluded. The           Council resolved (C1310/282) the following;

 

1.            “Authorise the CEO to enter into a lease with the Department for Local Government and                      Communities for the occupation of a portion of Lot 73, Deposited Plan 49894, Volume 2630,                          Folio 894, Peel Terrace, Busselton as indicated in Attachment 2,  on the following terms:

 

a)            The lease shall be consistent with the City's standard community and sporting group         lease agreement;

 

b)            the inclusion of consent to enter into a sub-lease with the Busselton Child Care Centre       Incorporated or an alternative not for profit organisation providing a similar service     at the same rent or less,

 

c)             The term of the lease commencing 30 November 2013 and expiring 29 November               2014; and

 

d)            The annual rent to be $188.00 inclusive of GST.”

 

With the lease due to expire, the Department are keen to obtain a longer term lease for                 security of tenure and to support the viability of obtaining funding for capital improvements and renovations.

 

Through a number of workshops, City staff have been progressing the Strategic Land Review which looks at strategies for use of all the City owned and managed land.  The Land, being freehold land owned by the City, is one of those being considered.    The review has identified possible land transactions that may occur on Lot 73 within the next 10 years, such as the possible extension of the existing Senior Citizen’s facilities to accommodate the anticipated growth in active members.  Although the outcome of the review has not yet been finalised, none of the identified future land transactions impact on the Premises and it is considered that the City can offer the Department a longer lease term of up to 10 years without having an impact on any future decisions made on the remainder of the land during that time.   

            

             STATUTORY ENVIRONMENT

 

             Leasing and Sub-Leasing of land or property is regarded under Section 3.58 of the Local Government        Act (“the Act”) as a disposal of property.   Under Regulation 30 (2) (c) (ii) of the Local Government             (Functions & General) Regulations, disposal of the land to a department, agency, or instrumentality    of the Crown in right of the State or the Commonwealth are exempt from the advertising and tender    requirements of section 3.58 of the Act.  The Department is a government agency therefore this        exemption applies.

 

             Under Regulation 30 (2) (b) (i) & (ii) of the Local Government (Functions & General) Regulations,                disposal of the land to incorporated bodies with objects of benevolent, cultural, educational or      similar nature and the member of which are not enlisted to receive any pecuniary profit from the                body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the               Act.   The constitution of Busselton Child Care Centre Incorporated (“the BCCC”) is such that this   exemption applies.

 

             The portion of land occupied by the BCCC is located on Lot 73 Deposited Plan 49894, Volume 2630,           Folio 894, Peel Terrace, Busselton.  The land is owned freehold by the City of Busselton.

 

RELEVANT PLANS AND POLICIES

 

n/a

 

FINANCIAL IMPLICATIONS

 

The rent charged to community and sporting groups leasing City owned land and/or buildings is currently $200.00 per annum (inclusive of GST) as per the Council adopted 2014/2015 schedule of Fees and Charges.  It is proposed that this annual rent (subject to CPI) be charged to the Department.

 

             If a Lease is granted the Premises will be managed and maintained at the cost of the Department,             therefore there should be no additional financial implications to the City in this regard.

 

STRATEGIC COMMUNITY OBJECTIVES

 

             The request to enter into a Lease with the Department is consistent with the following City of      Busselton Strategic Priorities:

 

             Key Goal Area 1 – Caring and Inclusive Community

            

·              A Welcoming, inclusive, healthy, and capable community that provides accessible services for      all residents.

            

             Community Objectives:

 

·              A community that provides for our youth to learn, grow, work and become healthy adults

 

             Council Strategies:

 

·              Support and assist community organisations to provide services to community, with special          focus on the needs of seniors, young people, families and the disadvantaged.

 

RISK ASSESSMENT

 

There are no identified risks associated with the officer recommendation, with the recommendation serving to mitigate the risks associated with there not being a lease in place and with the term of the lease being recommended not likely to impact on future proposals for the area.

 

CONSULTATION

 

No new consultation has been undertaken with the Department other than receipt of their request to the City to consider a longer term lease agreement.  The Department are aware of the Strategic Land Review and the process the City is undertaking in this regard.

 

OFFICER COMMENT

 

The Department works co-operatively with local governments, industry associations and other key stakeholders to ensure the sustainability and delivery of quality services to Western Australian communities.  For the past 27 years the Department has enabled the Premises to be used for the purpose of child care, the use of which has been consistent over this period and has provided a valuable resource for Busselton.

             The Department continues to provide routine maintenance to the Premises but will not commit to            any major works (replacement of floor coverings, air-conditioning units, painting) until the City advise        them of our intentions for the Premises.  The BCCC are not in a position to contribute to any improvements at the Premises due to the limitations of funding available.

 

             BCCC is a not for profit organisation which provides day care for children under school age and if                places are available, for school aged children outside school hours.  The BCCC is run by a community           based committee, comprising users of the centre and interested community members.

 

             The Department would like to remain in occupation of the Premises for the long term thereby     enabling the BCCC (or a similar provider) to continue to provide the child care facility. Their    preference is the grant of a 10 year term with a further 10 year option. 

 

             It is recommended that the City enter into the standard community and sporting group lease       agreement with the Department.  The proposed term of lease is 5 years plus an option for a further 5            years.  This is consistent with leases granted to community groups in recent times and in line with the           recommendations of the strategic land review.

 

CONCLUSION

 

The BCCC have provided child care facilities for the benefit of the community for some time and wish to continue to do so.  Future funding for the service is dependent on them having security of tenure within the building they occupy.  The grant of a lease to the Department will enable the provision of tenure to the BCCC and for the valuable service they provide to continue.

 

OPTIONS

 

1.        Council can resolve not to grant a lease agreement and allow the use to continue on a                     periodic term however this option would restrict access to funding for the service.

 

2.        Council can resolve to grant a different lease term.

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

             The lease would be forwarded to the Department for execution on or before the 29 November 2014.       It is anticipated the lease would be finalised soon after this.

 

 

OFFICER RECOMMENDATION

 

That the Council:

1.            Authorise the CEO to enter into a lease with the Department for Local Government and Communities for the occupation of a portion of Lot 73, Deposited Plan 49894, Volume 2630,           Folio 894, Peel Terrace, Busselton as indicated in Attachment B,  on the following terms:

 

a)            The lease shall be consistent with the City's standard community and sporting group        lease agreement;

 

b)            the inclusion of consent to enter into a sub-lease with the Busselton Child Care   Centre Incorporated or an alternative not for profit organisation providing a similar         service at the same rent or less,

 

c)             The term of the lease commencing 30 November 2014 and expiring 29 November             2019 with a further 5 year option expiring 29 November 2024;

 

d)            The annual rent to commence at $200.00 inclusive of GST and to be increased                                     annually by CPI; and

 

e)            all costs associated with the preparation of the lease agreement to be met by the                              Lessee.

  


Council                                                                                      51                                                          26 November 2014

15.             Chief Executive Officer's Report

15.1           AWARD OF TENDER RFT 15/14 BUSSELTON FORESHORE DEVELOPMENT DETAILED DESIGN AND CONSTRUCTION OF YOUTH ACTIVITIES AREA INCLUDING SKATEPARK

SUBJECT INDEX:

RFT 15/14 Busselton Foreshore Skate Park Design and Construction

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Major Projects

ACTIVITY UNIT:

Major Projects

REPORTING OFFICER:

Manager, Major Projects - Paul Crewe

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Skatepark Youth Consultation

Attachment b    Confidential Tender evaluation report  

  

 

PRÉCIS

 

The Council is requested to consider the evaluation of tenders received in response to Request for

Award of Tender RFT 15/14 Busselton Foreshore Development Design and Construction of Youth Activities Area Including Skatepark.  The purpose of this report is to obtain the Council’s consent to award Tender – RFT 15/14 in accordance with the Tender Evaluation panel recommendation.

 

BACKGROUND

 

The objectives of this Request for Tender are to appoint a suitably qualified contractor for the design and construction of the Busselton Foreshore Skate Park within the Youth and Activities Precinct on the Busselton Foreshore for the City of Busselton as part of Busselton Foreshore East Project.

 

The Scope of Works includes the community consultation which will include a number of public information sessions and councilor workshops, to inform the concept and detailed designs which will then be used to construct the Busselton Foreshore Skatepark.

 

The review process of all submissions for RFT 15/14 has been completed by the Tender Evaluation

Panel that comprised of the following City Officers:-

·    Paul Crewe -  Manager, Major Projects;

·    Mark Tyler  - Contracts & Tendering Officer;

·    Chris Shaw – Contracts Administration and Technical Officer (Panel Chair).

 

It is anticipated that the construction works will commence around Feb-March pending the community consultation sessions.  This project has been fully funded by LotteryWest, and officers are looking to acquit the funding this financial year.

STATUTORY ENVIRONMENT

 

Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply, in particular, Regulation 11: “Tenders are to be publicly invited according to the requirements of this

Division before a local government enters into a contract for another person to supply goods or services of the consideration under the contract is, or is expected to be, more, or with more, than $100,000…”

 

RELEVANT PLANS AND POLICIES

 

The following Council policies have relevance to the Tender process.

Policy 239 – Purchasing:

The procurement process complies with this policy.

 

Policy 049/1 –Regional Price Preference:

The Regional Price Preference was applied to this tender.

 

Policy 031 – Tender Selection Criteria:

The procurement process complies with this policy.

 

Policy 233 – Occupational Safety and Health

Respondents were asked to provide details of their OSH processes.

 

The Busselton Foreshore Master Plan documentation also guides the completion of this project.

 

FINANCIAL IMPLICATIONS

 

This project has been fully funded by LotteryWest, and officers are looking to acquit the funding this financial year.  The skateable surfaces elements contained within this tender are estimated at $1.35 million.  The remainder of the initial $2.1 million grant will be used for landscaping and a revitalised Yoganup Park. 

 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area 2: Well Planned, Vibrant and Active Places.

 

Community Objective 2.3: Infrastructure assets that are well maintained and responsibly managed to provide for future generations.

RISK ASSESSMENT

 

The objective of this tender is to isolate and identify a Contractor who best demonstrates the ability

to provide a quality service at a competitive price. The tender evaluation process mitigates the risk

to the City.

 

The risk has been categorised as an L5 (Unlikely with minor operational consequences) and has been assessed in this manner because the Preferred Tenderer has successfully completed numerous

other projects nationally, and internationally as well as most recently completing the Dunsborough Skatepark for the City of Busselton on time and within budget, further vindicating the panel’s decision.

 

 The preferred Tenderer has provided an exemplary financial profile underpinned with creditable financial and professional referees.

 

Risk

Controls

Consequence

Likelihood

Risk Level

The Contractor is not able to deliver the design and construction of the Busselton foreshore skate park

Contract Administration, thorough planning and investigation

Reputational risk to the City of Busselton  and the chosen contractor

L

5

 

CONSULTATION

 

In developing the Concept plans, pre-tender for funding purposes to demonstrate a community requirement and desire to LotteryWest, in 2013 the City of Busselton held a number of workshops both at primary schools and in public open spaces.

 

 This consultation informed both the Busselton Foreshore and the Dunsborough Foreshore concept designs, and was undertaken in partnership with Southern Rip who assisted the Major Projects team.

 

With the announcement of a successful LotteryWest application, the City’s own Youth Development Officers alongside the Major Projects Team undertook a youth engagement  program, informal consultation occurred at the current Busselton Skatepark, Busselton Senior High School, Cape Naturaliste College and Georgiana Molloy Anglican College with a more formal consultation occurring in the City of Busselton’s Council Chambers.

 

In total the City of Busselton received 123 feedback forms from a range of ages and skate park users, however there was a fair amount of informal feedback gathered at the same time.

 

OFFICER COMMENT

 

As part of the tender evaluation an initial compliance check was conducted to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information.  All submissions were deemed to be compliant.

 

A detailed assessment of all tender submissions is provided in the Confidential Tender Evaluation and Recommendation Report.

 

This project will dramatically enhance the Busselton foreshore, and intends to continue the same high quality standards and success achieved in Stage One of the Busselton Foreshore.

 

CONCLUSION

 

This report seeks the Council’s endorsement to support the officer’s recommendation and offer the contract to CONVIC PTY LTD in accordance with the Terms and Conditions as specified in RFT 15/14 Busselton Foreshore Development Detailed Design and Construction of Youth Activities Including Skatepark.

 

OPTIONS

 

The Council may consider the following options:

 

1. The Council could choose not to accept the officer’s recommendation to award the contract to the preferred tenderer and propose an alternative tenderer.

 

2. The Council reject the officer’s recommendation and not award the contract, reject all tenders and prepare a new request for tender for the work.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The award of the tender to CONVIC PTY LTD will be announced immediately after the Council has endorsed the officer’s recommendation.   The successful Tenderer will receive formal written notification within seven (7) days of the decision being handed down.

 

All unsuccessful tenderers will also be notified at this time.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.            Offer the award of the contract in accordance with the Terms and Conditions                       as specified in RFT 15/14 Busselton Foreshore Development Detailed Design and Construction of Youth Activities Area Including Skatepark to CONVIC PTY LTD.

 


Council                                                                                      55                                                          26 November 2014

15.2           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

Governance systems that deliver responsible, ethical and accountable decision-making.

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various .

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Thankyou letter from St John of God Foundation

Attachment b    Planning Applications Received Between 16 and 31 October, 2014

Attachment c    Planning Applications Determined Between 16 and 31 October, 2014

Attachment d   Current Status of State Administrative Applications  

Attachment e    Marketing and Events Reference Group Meeting Minutes - 22 October 2014

Attachment f    Busselton Jetty Reference Group Meeting Minutes - 24 October 2014

Attachment g   Events Schedule November 2014 - February 2015

Attachment h   Media Statement Action Plan for Vasse Wonnerup  

  

 

PRÉCIS

 

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting.  The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

 

INFORMATION BULLETIN

15.2.1    Thankyou letter from St John of God Foundation

 

Attachment A is a copy of correspondence from the St John of God Foundation, thanking the City for its third pledge payment of $25,000 to the South West Coronary Care & Cancer Service located at the St John of God Bunbury Hospital.

15.2.2    Planning & Development Services Statistics

 

Planning Applications

 

Attachment B is a report detailing all Planning Applications received by the City between 16 and 31 October, 2014.  Twenty seven formal applications were received during this period.

 

Attachment C is a report detailing all Planning Applications determined by the City between 16 and 31 October, 2014.  A total of thirty applications (including subdivision referrals) were determined by the City during this period with all applications approved / supported.

 

15.2.3    State Administrative Tribunal (SAT) Appeals

 

Attachment D is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 31 October, 2014.

15.2.4    Marketing and Events Reference Group Meeting 22 October 2014 - Minutes

 

A meeting of the Marketing and Events Reference Group was held on 22 October 2014. The meeting minutes are provided at Attachment E.

15.2.5    Busselton Jetty Reference Group Meeting 24 October 2014 - Minutes

 

A meeting of the Busselton Jetty Advisory Committee was held on 24 October 2014. The meeting minutes are provided at Attachment F.

15.2.6    Events Schedule November 2014 – February 2015

 

For your information, the current Events Schedule for November 2014 – February 2015 has been provided at Attachment G.

15.2.7    Media Statement – State Government outlines action plan for Vasse Wonnerup

 

Attachment H is a copy of the State Government Media Statement outlining the action plan for Vasse Wonnerup.

OFFICER RECOMMENDATION

That the items from the Councillors’ Information Bulletin be noted:

·    15.2.1              Thankyou letter from St John of God Foundation

·    15.2.2              Planning & Development Services Statistics

·    15.2.3              State Administrative Tribunal (SAT) Appeals

·    15.2.4              Marketing and Events Reference Group Meeting 22 October 2014 - Minutes

·    15.2.5              Busselton Jetty Reference Group Meeting 24 October 2014 - Minutes

·    15.2.6              Events Schedule November 2014 – February 2015

·    15.2.7              Media Statement – State Government outlines action plan for Vasse Wonnerup

 

 

  


Council                                                                                      59                                                          26 November 2014

16.             Motions of which Previous Notice has been Given

Nil  

17.             Confidential Reports  

 

Nil

 

18.             Public Question Time

 

Nil

19.             Next Meeting Date

Wednesday, 10 December 2014

20.             Closure

 

The meeting closed at <time>.

 

THESE MINUTES CONSISTING OF PAGES 1 TO 59 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 10 December 2014.

 

 

DATE:_________________              PRESIDING MEMBER:             _________________________