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 25 November 2015

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

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

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

7....... Petitions and Presentations. 6

8....... Disclosure Of Interests. 6

9....... Confirmation and Receipt Of Minutes. 6

Previous Council Meetings. 6

9.1          Minutes of the Council  Meeting held on 11 November 2015. 6

Committee Meetings. 7

9.2          Minutes of the Finance Committee Meeting held 5 November 2015. 7

9.3          Minutes of the Airport Advisory Committee Meeting held 23 October 2015. 7

10..... Reports of Committee. 9

10.1        Finance Committee - 5/11/2015 - LIST OF PAYMENTS MADE - SEPTEMBER 2015. 9

10.2        Finance Committee - 5/11/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER  2015. 11

10.3        Finance Committee - 5/11/2015 - BUDGET AMENDMENT REQUEST YALLINGUP HALL. 25

11..... Planning and Development Services Report. 34

11.1        AMENDMENT NO 10 - PREFABRICATED BUILDINGS - FOR ADOPTION.. 34

11.2        DA15/0476 - RESTAURANT / MARKET, LOT 202 (24), DUNN BAY ROAD, DUNSBOROUGH.. 40

12..... ENGINEERING AND WORKS SERVICES REPORT. 50

13..... Community and Commercial Services Report. 50

13.1        DRAFT CITY OF BUSSELTON SOCIAL AND AGEING PLAN 2015-2025. 50

14..... Finance and Corporate Services Report. 18

15..... Chief Executive Officer's Report. 18

15.1        COUNCIL MEETING SCHEDULE FOR 2016. 18

15.2        PROPOSAL TO AWARD TENDER RFT13/15 FOR THE CONSTRUCTION OF RAILWAY HOUSE AT THE BUSSELTON FORESHORE. 28

15.3        COUNCILLORS' INFORMATION BULLETIN.. 21

16..... Motions of which Previous Notice has been Given.. 55

17..... Confidential Reports. 55

17.1        UNAUTHORISED DEVELOPMENT (UNAUTHORISED CLEARING) - LOT 2, 85 WOODLANDS ROAD, WILYABRUP. 55

18..... Questions from Members. 56

19..... Public Question Time. 56

20..... Next Meeting Date. 56

21..... Closure. 56

 


Council                                                                                      3                                                            25 November 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 25 November 2015 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 Grant Henley     Mayor

Cr Coralie Tarbotton

Cr Ross Paine

Cr Terry Best

Cr John McCallum

Cr Rob Bennett

Cr Paul Carter

Cr Robert Reekie

 

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

Ms Sarah Pierson, Acting Director, Finance and Corporate Services

Ms Lynley Rich, Manager, Governance Services

Miss Hayley Barge, Administration Officer, Governance

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Cr Gordon Bleechmore

 

Media:

 

1

 

Public:

 

6

3.               Prayer

The prayer was delivered by Reverend Ted van Sponsen from the Busselton Free Reformed Church.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

At the 11 November 2015 Council meeting, Ms Anne Ryan asked the following questions which were taken on notice:

 

Ms Ryan

For the benefit of ratepayers and residents, would you please advise the structure of the City of Busselton, to be more specific who runs the show?

 

Response, Chief Executive Officer

In accordance with the Local Government Act 1995 (the Act), the Council of the City of Busselton governs the Local Government’s affairs and is responsible for the performance of the Local Government’s functions.  In addition, the Council oversees the allocation of the Local Government’s finances and resources and determines the Local Government’s policies.  The Council employs the Chief Executive Officer.

 

Separately, the CEO manages the day to day operations of the Local Government, including the employment, management, supervision, direction and dismissal of all other employees in accordance with the functions of the CEO prescribed in the Act.

 

Ms Ryan

If signs are erected without permission from the City of Busselton, or Main Roads, what laws are in place to ensure the removal of the signs?

 

Response, Chief Executive Officer

With regard to signage erected on roads under the care and control of Main Roads, a response should be sought from Main Roads.  With regard to signs erected on land controlled and managed by the City of Busselton, if it were to be erected without permission, the sign could be impounded by the Local Government in accordance with the Thoroughfares Local Law.

 

Ms Ryan

Further why can’t private business advertise at the side of the road but seemingly a candidate in the election, who is now an elected member can.

 

Response, Chief Executive Officer

A business could do so if permission was granted by the Local Government in accordance with the Thoroughfares Local Law.  A candidate in the election was able to advertise on roadside verges as they, along with every other candidate in the election, were given permission to do so by the Local Government.

 

Ms Ryan

If this meeting was being recorded by a sitting councillor, what measures are in place, and what action will the City of Busselton take?

 

Response, Chief Executive Officer

Meetings of the Council are conducted in accordance with the Standing Orders Local Law (Standing Orders).  The Standing Orders require someone to obtain permission from the Presiding Member prior to recording a meeting.  Should this permission not be granted, any recording of the meeting would be a breach of the Standing Orders and the offender could be penalised in accordance with Clause 19 of the Standing Orders.  Otherwise, the matter may be dealt with as a minor breach of the Local Government (Rules of Conduct) Regulations 2007.

 

Ms Ryan

Could the relevant person please advise why councillors cannot meet developers alone?

 

Response, Chief Executive Officer

There is nothing that specifically prevents a Councillor from meeting with a developer alone.  However, Councillors are aware of the guideline published by the Department of Local Government relating to Elected Members’ Relationships With Developers and generally apply standards above those suggested in that guideline by avoiding meeting with developers alone to avoid any perception of bias or undue influence.

 

Ms Ryan

What is the role of Busselton Water, the City of Busselton and the Water Corporation?

 

Response, Chief Executive Officer

Both Busselton Water Corporation and Water Corporation are licensed water services providers pursuant to the Water Services Act 2012 and other enabling legislation. The, recently corporatised, Busselton Water Corporation is licensed to provide reticulated, potable water services to what can broadly be described as the ‘Busselton-Vasse Urban Area’. Busselton Water Corporation is also licensed to provide a bulk, potable water supply to the Water Corporation, to service the Dunsborough, Eagle Bay and Yallingup urban areas/settlements. The Water Corporation provides a broad range of services to communities across the State, but in the City of Busselton has four key water services roles: (1) It provides reticulated, potable water services to the Dunsborough, Eagle Bay, Bunker Bay and Yallingup urban areas/settlements; (2) It provides reticulated wastewater treatment services and operates wastewater treatment plants that service the ‘Busselton-Vasse Urban Area’, as well as the Dunsborough and Eagle Bay areas /settlements; (3) It manages the rural drainage network that services most of the rural areas of the City on the Swan Coastal Plain; and (4) It is the urban flood mitigation authority for the urban areas in the City, in particular the ‘Busselton-Vasse Urban Area’, and has developed and manages flood management infrastructure. The City of Busselton provides a broad range of services to the District pursuant to the Local Government Act 1995 and a broad range of other enabling legislation.

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member 

 

The Presiding Member acknowledged White Ribbon Day in support of the prevention of violence against women.

 

The efforts of City Staff, specifically Jon Berry, were recognised for preparing the submissions that resulted in the City receiving Silver in the Local Government in Tourism category at the 2015 WA Tourism Awards.

Announcements by other Members at the invitation of the Presiding Member

 

Nil

 

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

Mr Peter Tyrell addressed the Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Item 11.2. Mr Tyrell was generally in agreement with the Officer Recommendation.

 

Ms Jenny Sheehan addressed the Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Item 15.2. Ms Sheehan was generally in agreement with the Officer Recommendation.

8.               Disclosure Of Interests

Nil

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  Meeting held on 11 November 2015

Council Decision

C1511/329              Moved Councillor P Carter, seconded Councillor J McCallum

That the Minutes of the Council  Meeting held 11 November 2015 be confirmed as a true and correct record.

CARRIED 8/0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee Meetings

9.2             Minutes of the Finance Committee Meeting held 5 November 2015

Council Decision

C1511/330              Moved Councillor T Best, seconded Councillor C Tarbotton

 

1)    That the minutes of a meeting of the Finance Committee held 5 November 2015 be received.

 

2)    That the Council notes the outcomes  of the Finance Committee held 5 November 2015 being:

 

a)    The List of Payments Made – September 2015 Item is presented for Council consideration at Item 10.1 of this agenda.

 

b)    The Finance Committee Information Bulletin – September 2015 was received by the Committee.

 

c)    The Financial Activity Statements – Period Ending 30 September 2015 Item is presented for Council consideration at Item 10.2 of this agenda.

 

d)    The Budget Amendment Request Yallingup Hall Item is presented for Council consideration at Item 10.3 of this agenda.

 

e)    The CEO Information Item: Review of 2015/16 Budgets of Band 1 & Band 2 Councils was received by the Committee.

 

f)     The Landing Fee Charges on New Platforms was received and noted by the Committee.

CARRIED 8/0

 

9.3             Minutes of the Airport Advisory Committee Meeting held 23 October 2015

Council Decision

C1511/331              Moved Councillor T Best, seconded Councillor C Tarbotton

 

1)    That the minutes of a meeting of the Airport Advisory Committee held on 23 October 2015 be received.

 

2)    That the Council notes the outcomes of the Airport Advisory Committee meeting held on 23 October 2015 being:

 

a)    The Election of the Presiding Member being awarded to Cr Gordon Bleechmore.

 

b)    The Election of the Deputy Presiding Member being awarded to Cr John McCallum.

 

c)    The establishment of a meeting schedule being on a needs only basis.

 

CARRIED 8/0

Items Brought Forward and Adoption by Exception Resolution

En Bloc Motion

 

At this juncture the Mayor advised the meeting that with the exception of the items identified to be withdrawn for discussion, that the remaining reports, including the Committee and Officer Recommendations, will be adopted en bloc.

Items Brought Forward For Discussion

 

                Officer Recommendation and Council Decision

C1511/332           Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

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

 

10.1        Finance Committee - 5/11/2015 - LIST OF PAYMENTS MADE - SEPTEMBER 2015

10.2        Finance Committee - 5/11/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER  2015

15.1        COUNCIL MEETING SCHEDULE FOR 2016

15.3        COUNCILLORS' INFORMATION BULLETIN

 

CARRIED 8/0

En Bloc

 


Council                                                                                      9                                                            25 November 2015

10.             Reports of Committee

10.1           Finance Committee - 5/11/2015 - LIST OF PAYMENTS MADE - SEPTEMBER 2015

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:

Financial Accountant - Ehab Gowegati

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   List of Payments Made - September 2015  

 

This item was considered by the Finance Committee at its meeting on 5 November 2015, 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 2015, 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, 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.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1511/333              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the Council notes payment of voucher numbers M111944 – M112139, EF042185 – EF042772, T007161 – T007166, and DD002553 – DD002577; together totaling  $22,987,851.80

CARRIED 8/0

En Bloc

 


Council                                                                                      11                                                          25 November 2015

10.2           Finance Committee - 5/11/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 SEPTEMBER  2015

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:

Financial Services

REPORTING OFFICER:

Financial Accountant - Ehab Gowegati

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Statement of Financial Activity (September)  

 

This item was considered by the Finance Committee at its meeting on 5 November 2015, 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 2015.

 

 

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 23 July 2015, the Council adopted (C1507/208) the following material variance reporting threshold for the 2015/16 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 2015/16 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

 

NA.

 

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

 

NA.

 

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: 

o    Land and Buildings

o    Plant and Equipment

o    Furniture and Equipment

o    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. 

 

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 2015

 

In terms of the Council’s adopted material reporting threshold for 2015/16, ‘quarterly’ financial activity statement reports are required to provide a summary of all 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 due to timing differences.

 

Operating Activity

 

§   Operating Revenue

 

As at 30 September 2015, there is a variance of -2% in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Other Revenue

-14%

-$12

Interest Earnings

-21%

-$131

Non-Operating Grants, Subsidies and Contributions

-47%

-$862

 

A summary of the above variances is provided as follows:

 

Other Revenue (-$12K)

The current variance is primarily attributable to:

§ Timing difference attributable to DFES fire prevention, ESL commission -$5.7k. The funds are expected to be receipted in October;

§ NCC stand pipe, sale of water Dunsborough -$5.4k. This is attributable to a timing variance only, as budget is spread over the year however the first payment is due around January /February;

 

Interest Earnings (-$131K)

The current variance is primarily attributable to:

§ Timing difference associated with Instalment Plan Interest yet to be applied -$176k;

§ Interest on Municipal Fund -$80k, Self-Funded overdraft until late September. Interest budget split into 12 months and does not allow for the overdraft for the first 3. Will recover as year progresses;

§ Timing difference associated with late Payment Interest yet to be applied -$18k;

§ Interest on Reserve Funds +$66k, Budget allows for a reduction in total reserve funds over the year and therefore the interest reflects a lower average holding. If reserves are utilised, monthly interest earnings will reduce and the total received will move closer to the budget as the year progresses. Additionally, the reserve balances currently include the full $18mn received in loan funds for the Admin building redevelopment, and  this will reduce as year progresses;

§ Interest on Restricted Funds +$77k (Relates to airport funds – not budgeted for);

Non-Operating Grants, Subsidies and Contributions (-$862K)

The current variance is primarily attributable to:

§ Busselton shark net +$100k. Timing difference associated with the issue of an Invoice to recoup grant funds for the Busselton beach enclosure;

§ Reversal of Skate Park end of year accrual -$517k (pending the receiving of the funds). It should be noted that the City has now received the funds on the 7th October 2015;

§ Timing difference associated with the Busselton foreshore provision of services and auxiliary works (C3132) -$370k. The budget has been apportioned evenly over the year, however the grant is not expected to be realised until the project is complete;

§ Roads to Recovery Whatman Street T0056 -$69k. Timing variance only, this project is scheduled for February /March 2016;

§ Roads to Recovery Layman Road T0062 -$35k. Timing variance only, this project is scheduled for late 2016;

 

§   Operating Expenditure

 

As at 30 September 2015, there is a variance of -8% in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Materials and Contracts

-31%

-$1,158

Utilities

-20%

-$118

Insurance Expenses

-14%

-$62

Other Expenditure

-12%

-$92

Allocations

-63%

-$391

Loss on Asset Disposal

+246%

+$30

 

A summary of the above variances is provided as follows:

 

Materials and Contracts (-$1,158K)

·    Variances associated with material and contracts are predominately attributable to timing differences at this stage of the analysis. Materials and contract nature and type comprises of some 547 cost codes with the main areas of significant variances (over $50k) are as follows;

 

Busselton Jetty maintenance expenditure -$160k. Timing variance only, corrosion protection assessment and repairs are yet to begin, handrails will be painted in the warmer months of the year and alternative LED light globes are now being tested and trialled;

Timing differences attributable to Geographe Leisure Centre -$54k, which includes contractors -$18k,  building maintenance services -$13k, swimming pool maintenance and repairs -$7k, furniture and office equipment Purchase (Non-Capital Assets) -$6k, and Licence Fees -$6k;

Timing differences attributable to Airport Operations -$51k, which includes consultancy -$17k, airport maintenance -$11k, contractors -$11k, purchase of materials -$4k, and inspections -$2k ;

Information technology -$50k. Timing variance only that predominately relate to computer software licenses and consultancies.

 

Utilities (-$118k)

·    Variances associated with utilities are attributable to timing differences. The breakdown is as follows;

 

Gas (+$2k);

Telephones (-$9k);

Electricity (-$21k);

Water (-$90k);

 

Insurance Expenses (-$62k)

·    Motor vehicle and plant insurance costs are currently -$47k below budget. Additional costs are anticipated to be received. Other minor savings have also occurred for public liability insurance -$7k, general insurance costs -$5k, and building insurance -$3.5k.

 

Other Expenditure (-$92k)

·    Variances associated with other expenditure are predominately attributable to timing differences. The main areas involved are as follows;

 

Members of Council expenses -$39k (main variances are for elected members sitting fees -$23k, and allowances -$7k);

Public Relations-$19k (main variance are for advertising Council page -$5k, Catering -$5k and marketing and promotions -$4k), full budget allocations have not yet been required;

Office of the CEO -14k (main variances are for CEO’s discretionary fund -$7k and CapeROC regional development -$7k). No requirement for the discretionary fund to be used at this stage and CapeROC project expenditure will take place later in the financial year;

Property and Business Development -$13k (main variances are for marketing and promotions -$9k and valuation expenses -$4k);

 

Allocations (-$391k)

·    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.

 

Loss on Asset Disposal (+$30k)

·    Timing difference associated with book losses due to disposal of assets. 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 2015, there is a variance of -70% in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Proceeds from Sale of Assets

-50%

-$41

Transfer from Restricted Assets

-93%

-$465

Transfer from Reserves

-67%

-$2,295

 

 

 

 

·    Variances associated with capital revenue are as follows;

 

Proceeds from Sales -$41k

Timing difference associated with the sale of light vehicles and minor plant that were scheduled to be disposed of, which are yet to occur;

 

Transfer from Restricted Assets -$465

 

The 2015/16 budget includes a transfer from restricted assets in September of $500k that is associated with expenditure to be incurred for the Busselton Regional Airport development. To date no transfer has been made as expenditure for the project is yet to reach $500k;

 

Transfer from Reserves -$2,295k

 

The 2015/16 budget includes a transfer from reserves of $2,295k that is associated with the building of the new Civic and Administration Centre. As this is expenditure has not been realised as at 30th September, no transfer has been made.

 

§   Capital Expenditure

 

As at 30 September 2015, there is a variance of -38% in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land and Buildings

-94%

-$2,922

Furniture and Equipment

-52%

-$93

Infrastructure

-36%

-$1,889

Transfers to Restricted Assets

+73%

+$332

 

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 Equipment

§   Infrastructure

A summary of the remaining variance is provided as follows:

 

Transfers to Restricted Assets (+$332k)

 

The annual budget in this category is spread evenly across the financial year. The favourable year to date variance is due to the receipt of additional developer contributions in excess of budget totalling approximately $380k. The additional funds received were for contributions attributable to Airport North, Cape Rise, and Peppermint Park. These funds have been receipted into the Community and Recreation Facilities restricted fund account.

 

Transfers to Restricted Assets has no direct impact on the surplus/ deficit position, as associated transactions are either ‘off’ balance sheet (deposits and bonds), or represent equity transfers to quarantine funds received in the form of, amongst others, developer contributions (via the ‘Non-Operating Grants, Subsidies and Contributions’ operating revenue category) and borrowings.

 

 

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

Nil.

 

CONCLUSION

 

Material variances are not unusual in the early part of each financial year, with this primarily due to budget timing differences, coupled with an increased tendency for higher variances to occur based on ‘lesser’ year to date budget allocations. In reviewing the financial performance to the end of September, and excepting those items specifically highlighted in this report, the major variances are primarily attributable to timing differences at this point in time.

 

OPTIONS

 

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

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1511/334              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the Council receives the statutory financial activity statement reports for the period ending 30 September 2015, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 8/0

En Bloc

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.             Finance and Corporate Services Report

Nil

15.             Chief Executive Officer's Report

15.1           COUNCIL MEETING SCHEDULE FOR 2016

SUBJECT INDEX:

Governance Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Support and Inter-Council Relations

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

 

PRÉCIS

 

This report is presented to enable the Council to determine its Ordinary Meeting dates for 2016.  In accordance with the Local Government (Administration) Regulations 1996, a meeting schedule for the next 12 months must be advertised at least once each year. 

 

 

BACKGROUND

 

The proposed meeting schedule generally continues with the Council's adopted approach to Council meetings ie: two Council meetings per month with briefing sessions and Community Access Sessions on two other occasions (with the exception of January, July and December when one meeting per month is proposed). 

 

STATUTORY ENVIRONMENT

 

It is up to each Council to set its own meeting cycle, dates and procedures, provided that the Council meets at least once every three months in accordance with Section 5.3 of the Local Government Act 1995.

 

Local Government (Administration) Regulation 12 requires a Council to give local public notice of the dates on which and the time and place at which the Ordinary Council meetings are to be held in the next 12 months.

 

RELEVANT PLANS AND POLICIES

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report seeks to establish a meeting cycle to contribute to governance systems that deliver responsible, ethical and accountable decision-making.

 

RISK ASSESSMENT

 

Risk

Controls

Consequence

Likelihood

Risk Level

Over-regular meeting cycle resulting in minimal matters for consideration and inefficient use of time

Review of meeting cycle at regular intervals with potential for re-setting and cancellations

Insignificant

Possible

Low

Under-regular meeting cycle resulting in unnecessary delays to matters requiring Council decision

Review of meeting cycle at regular intervals and potential for special meetings

Minor

Possible

Medium

 

CONSULTATION

 

Following Council's decision to adopt a meeting cycle, its meeting dates for the next 12 months must be advertised for public information.  This will occur prior to the end of 2015.

 

OFFICER COMMENT

 

There is one Council meeting in the proposed schedule for January, July and December and there would normally be two for every other month of the year.  The official meeting days are generally recommended to remain as the second and fourth Wednesday of the month between February and November, excluding July, with the first and third Wednesdays for Community Access Sessions, Councillor briefings and other Councillor planning sessions where required.

 

Exceptions

 

The dates of the 10 Western Australian public holidays for 2016 have been checked and none of the holidays coincide with a proposed meeting date.  It has been the usual practice for the Councillors to have a week without meetings on any month that includes five Wednesdays.  For 2016, March, June, August and November are the five Wednesday months.

 

CONCLUSION

 

The dates of the meetings for the next 12 months need to be advertised in advance.  It is considered appropriate to conduct of 21 Council meetings per annum to allow for a mid-year break in July to coincide with the school holidays.

 

OPTIONS

 

In accordance with the Local Government Act 1995, there are a wide range of options available to the Council with regard to its meeting schedule, subject to a meeting occurring once every three months at the least.

 

The Council could also of course reduce its meeting cycle to three-weekly, monthly, every second month or quarterly with the requirement simply to meet every three months as a minimum.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The advertising would necessarily occur prior to the end of the year.

 

 

Council Decision and Officer Recommendation

C1511/335              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the following dates and venues for the Council's ordinary meetings for the next 12 months (2016) be adopted and advertised in accordance with Local Government (Administration) Regulation 12:

DATE 2016

VENUE

TIME

Wednesday, 27 January

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 10 February

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 24 February

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 9 March

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 23 March

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 13 April

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 27 April

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 11 May

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 25 May

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 8 June

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 22 June

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 27 July

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 10 August

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 24 August

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 14 September

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 28 September

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 12 October

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 26 October

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 9 November

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 23 November

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

Wednesday, 14 December

Community Resource Centre,

21 Cammilleri Street, Busselton

5.30pm

 

CARRIED 8/0

En Bloc


Council                                                                                      21                                                          25 November 2015

15.3           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   Planning Applications Received 16 to 31 October, 2015

Attachment b    Planning Applications Determined 16 to 31 October, 2015

Attachment c    Card of Appreciation - Busselton Senior High School  

  

 

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

15.3.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 16 and 31 October, 2015.  Thirty two formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 16 October, 2015 and 31 October, 2015 by the City during this period with forty six approved / supported and 1 subdivision application not supported.

15.2.2    Current Active Tenders

 

RFT04/15 BUSSELTON FORESHORE – DESIGN, SUPPLY AND INSTALLATION OF UTILITIES SERVICES

 

The City of Busselton invited tenders for the design, supply and installation of utility services for the Busselton Foreshore development.  The tender was advertised on the weekend of 30 - 31 May 2015, with the closing date on 14 July 2015. The tender evaluation has been completed however, due to the complexity and specialised nature of the works and delays with finalising the funding of the project, the recommendation for award is currently on hold. The value of the contract exceeds the CEO’s delegated authority.  A report to Council for awarding the contract will in all likelihood be presented at the 9 December 2015 Council meeting. The estimated timeframe for undertaking and completing the works is three months.

 

EOI 01/15 & RFT05/15  EXPRESSION OF INTEREST/REQUEST FOR TENDER - CONSTRUCTION OF THE NEW ADMINISTRATION AND CIVIC BUILDING

 

The City of Busselton invited eight builders to submit tenders for construction of the City’s new administration and civic building. These eight builders were pre-qualified through an Expressions of Interest (EOI) process.  Tender submissions were received from seven builders as per the below table;

Company

Firm Construction

Doric

Cockram

BGC Construction

Perkins

EMCO Building

Pindan

 

The evaluation panel recently concluded the tender evaluation and presented its report to Council on 14 October 2015. Council resolved to endorse the outcome of the evaluation panel’s assessment, which resulted in the two alternative tenders submitted by BGC Construction being ranked as the best value for money tenders. Council resolved to delegate to the CEO, following further negotiations, to nominate the preferred tender from the two BGC alternatives and to award a contract for a finalised lump sum price. 

 

Further negotiations with BGC have now been concluded and under his delegated authority the CEO decided on 6 November 2015 to:

·    Nominate BGC's Alternative Tender Option 2 as the preferred tender; and

·    Subject to the terms and conditions of the formal Instrument of Agreement to be executed, award to BGC Construction Pty Ltd ACN 008 783 248 the contract resulting from RFT 05/1 5 for the sum of $18,919,559 (excluding GST).

 

The construction contract between the City and BGC (formal Instrument of Agreement) was executed on 11 November 2015, which provides for preliminary site possession to be given to BGC on 18 November 2015, full site possession to be given on 11 January 2016 and Date for Practical Completion set for 10 January 2017.

 

RFT06/15 ENGINEERING CONSULTANCY PANEL

 

The City of Busselton invited tenders for a panel of Engineering Consultants. The tender was advertised on 20-21 June 2015, with its closing date on 21 July 2015. Thirty four (34) tenders were submitted.  The evaluation process has now been concluded.  The evaluation panel will complete the assessment report for inclusion at the 9 December 2015 Council meeting.

 

RFT09/15 BUSSELTON JETTY MARINE BERTHING FACILITY (original project)

 

The City of Busselton invited tenders for construction of a marine berthing facility at the Busselton Jetty. The tender was advertised on 20-21 June 2015, with its closing date on 18 August 2015. The evaluation process has been concluded and the contract was awarded by Council to Gambetta Holdings Pty Ltd trading as Engineered Water Systems. The date for practical completion under the contract is 21 December 2015.  This has been included here for reference to RFT14/15.

RFT13/15 DESIGN AND CONSTRUCT – RAILWAY HOUSE

 

The City of Busselton invited tenders for design and construction of Railway House. The Railway House Project comprises of construction of a new multifunctional facility at the Busselton Foreshore and includes incorporation of the existing old railway building, currently located at Causeway Road, into the new building. The tender was advertised on 15 August 2015, and closed on the 9 October 2015.  Two tender submissions were received from Big Ben Builders Southwest and Innovest Construction.  The tender evaluation process has recently been completed and the outcome of the evaluation panel’s assessment is included in a Tender Evaluation report presented to Council at this meeting.  The value of the contract exceeds the CEO’s delegated authority and therefore is presented as a report to Council.

 

RFT14/15 15m BUSSELTON JETTY MARINE BERTHING FACILITY (extension)

 

The City of Busselton invited tenders and awarded a Contract for a marine berthing facility under RFT 09/15 (as detailed above).  Due to surplus funds resultant from the efficiencies of RFT 09/15, the City had the ability to further extend the structure of the marine berthing facility. Tenders were subsequently invited for construction of an additional 15m berthing platform, including access stairs.  The tender was advertised on 10 October 2015 and closed on 27 October 2015.  Two tender submissions were received and evaluated by the Evaluation Panel. One submission was received by EWS who are currently completing the works under RFT09/15.  The other submission was received from SMC who submitted a more favorable tender. The value of the works will not exceed $300,000 and therefore falls within the CEO’s delegated authority. A Tender Evaluation report has been presented to the CEO recommending awarding the contract to SMC.

 

RFT15/15 UNDERWATER OBSERVATORY – CONCRETE CONDITION INSPECTION & REPORTING

 

The City of Busselton invited tenders for the inspection of and reporting on the structural integrity of the Busselton Jetty Underwater Observatory (UWO).  The purpose is to identify any areas of deterioration and vulnerability in the structure, in order to implement future maintenance strategies.  The tender was advertised on 10 October 2015, with the closing date on 10 November 2015.  Five tender submissions were received by the City and these are currently under evaluation.   It is anticipated that the tender evaluation process will be concluded by the end of November, to allow for award of the contract in early December. The value of the contract exceeds the CEO’s delegated authority.  Therefore a report will in due course be presented to Council for considering the evaluation report and awarding a contract.

 

RFT 16/15 CONSTRUCTION OF LANDFILL CELL ONE AT THE DUNSBOROUGH WASTE FACILITY

 

The City of Busselton invited tenders for the Construction of Cell One at the Dunsborough Waste Facility located on Western Cape Drive.  These works are to follow the bulk earthworks for Cell One recently completed under RFT 02/15.  Construction of Cell One under RFT16/15 involves the installation of associated leachate drainage and treatment infrastructure.  The Tender was advertised on 24 October 2015, and is due for closing on the 01 December 2015.   It is anticipated that the tender evaluation process will be concluded by mid -December, with award of the Contract by the end of December 2015.  The value of the contract exceeds the CEO’s delegated authority. Therefore a report will in due course be presented to Council for considering the evaluation report and awarding a contract.

 

RFT 17/15 OLD BUTTER FACTORY FIRST FLOOR COMPLIANCE

 

 The City of Busselton invited tenders for the Old Butter Factory First Floor Compliance refurbishment works.  The purpose of the works is to ensure the Old Butter Factory remains structurally compliant and operational for current and future users.  The Tender was advertised on 31 October 2015, and is due for closing on 19 November 2015.   It is anticipated that the tender evaluation process will be concluded in early December, with award of the Contract by the end of December 2015.  The value of the Contract is estimated to be less than $125,000 and can therefore be awarded by the CEO under delegated authority.

 

RFT 18/15 GEOGRAPHE LEISURE CENTRE DRYSIDE CHANGEROOM REBURBISHMENT

 

The City of Busselton invited tenders for the Geographe Leisure Centre Dryside Changerooms Refurbishment.   The purpose of the works is to complete necessary renewal works to the ablution facilities found adjacent to the sports hall.  The Tender was advertised on 31 October 2015, and is due for closing on the 11 December 2015.   It is anticipated that the tender evaluation process will be completed in early January 2016, with award of the Contract by the start of February 2016.  The value of the Contract is estimated to be less than $125,000 and can therefore be awarded by the CEO under delegated authority.

15.2.3    Card of Appreciation from Busselton Senior High School

 

Correspondence has been received from Busselton Senior High School in appreciation of sponsorship.

 

Council Decision and Officer Recommendation

C1511/336              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

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

·    15.3.1              Planning & Development Services Statistics

·    15.2.2              Current Active Tenders

·    15.2.3              Card of Appreciation from Busselton Senior High School

CARRIED 8/0

En Bloc

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ITEMS CONSIDERED BY SEPARATE RESOLUTION

 

At this juncture, in accordance with Clause 5.6 (3)(a) & (b) of the Standing Orders, those items

requiring and Absolute Majority or in which Councillors had declared Financial, Proximity or

Impartiality Interests were considered.

 

10.3           Finance Committee - 5/11/2015 - BUDGET AMENDMENT REQUEST YALLINGUP HALL

SUBJECT INDEX:

Leisure Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

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 5 November 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek Council’s approval to endorse an overspend against the Building Maintenance Services expenditure for Yallingup Hall that will be off-set by income for the hall from regular and casual user groups.

 

BACKGROUND

 

Yallingup Hall is located on Reserve 15458 which is crown land vested with the City for the purpose of an Agricultural Hall Site. Historically Yallingup Hall has been managed by a local hall committee. This is similar to many rural halls in the district which have operated in this way for many years without any formal agreement or lease in place with the City.

 

Discussions in regards to the formal management of the Yallingup Hall commenced with the hall committee in late 2014. Unfortunately the committee folded and on 22 April 2015 a decision was made by the remaining community representative of the Yallingup Hall Committee to ‘hand back’ the management of the Hall to the City of Busselton. AS a result, the City will be managing these facilities until a time a replacement management committee is found or the Council makes a long term decision on the future of the Yallingup Hall.

 

The City is in the process of finalising an EOI process to determine if a new Incorporated Association would be willing to take over the long term management of the Yallingup Hall, but to this point in time no group has come forward and is willing to undertake this role.

 

The City has been managing the hall for several months now, and is starting to get regular complaints from all user groups about the state of cleanliness and the fact that the rubbish bins are not getting emptied. There is currently funds allocated for general maintenance issues, inclusive of pest and weed control, maintenance to taps, cisterns and working parts such as locks and handles, but no budget for cleaning.

 

 

 

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

 

This matter aligns with the City of Busselton Strategic Community Plan 2013 and principally with the following strategic goal:

 

Caring and Inclusive Community

1.3          A community that supports healthy, active ageing and services to enhance quality of life as we age.

 

Well Planned, Vibrant and Active Places

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

 

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

 

FINANCIAL IMPLICATIONS

 

With forecast usage it is believed a weekly one and half (1.5) hour clean will be sufficient. The cost of this is $80 per week or $4,160 per annum.

 

The additional expense is expected to be off-set by   hall hire income, which is expected to exceed $4,000 per annum based on the two months’ worth of hire figures already received. 

 

Long-term Financial Plan Implications

 

Nil

 

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. The officer recommendation is considered to be “low” risk.

 

CONSULTATION

 

Consultation has taken place between City Officers and regular and casual users of the hall. Consultation has also taken place between City Officers and a cleaning contractor in regards to a quote to providing a weekly cleaning service. 

 

OFFICER COMMENT

 

Currently users pay $18.20 (Ex. GST) community rate and $35 (Ex. GST) for commercial rate for hire of the hall and whilst they are expected to sweep up the hall and pick up rubbish after hire, it is not an unrealistic expectation that the facilities are presented at a certain level of tidiness and cleanliness. An added advantage of regularly cleaning the hall would be that the cleaning contractor can monitor how hall users are leaving the hall and provide passive surveillance to check if there has been any damage to the hall prior to a bond refund.

 

CONCLUSION

 

The City has been managing the hall for several months now, and is starting to get regular complaints from user groups about the state of cleanliness and the fact that the rubbish bins are not getting emptied. A regular clean will ensure that the facility is presented at a certain level of tidiness and cleanliness.

 

OPTIONS

 

The Council may choose not to endorse an overspend against the Building Maintenance Services expenditure for Yallingup Hall.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, The City will engage the preferred cleaning contractor to commence a weekly clean of the Yallingup Hall.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1511/337              Moved Councillor T Best, seconded Councillor R Paine

                                                                                ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council approves an estimated overspend against the Building Maintenance Services expenditure account for Yallingup Hall (522.B1110.3112.4025) of $4,160 to be off-set by expected hall hire income.

CARRIED 8/0

  


Council                                                                                      29                                                          25 November 2015

15.2           PROPOSAL TO AWARD TENDER RFT13/15 FOR THE CONSTRUCTION OF RAILWAY HOUSE AT THE BUSSELTON FORESHORE

SUBJECT INDEX:

Busselton Foreshore - Railway House

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Major Projects

ACTIVITY UNIT:

Major Projects

REPORTING OFFICER:

Major Projects Officer - Mersina Robinson

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Concept Design of Proposed New Railway House Building

Attachment b    Confidential Tender Evaluation and Recommendation Report  

  

PRÉCIS

 

The City of Busselton issued RFT13/15 for the design and construction of Railway House on the Busselton Foreshore and received two tender submissions.  The Council is requested to consider the evaluation of tenders received in response to Request for Tender. The purpose of this report is to summarise the tender responses and for the Council to delegate authority to the Chief Executive Officer to award the tender to the Preferred Tenderer in accordance with the Tender Evaluation panel recommendation.

 

BACKGROUND

 

The Railway House Project comprises of construction of a new multifunctional facility at the Busselton Foreshore (Railway House Building) and includes incorporation of an existing old railway building, currently located at Causeway Road, Busselton (Old Railway Building) into the new building. As part of the works the Contractor will be required to relocate the Old Railway Building from its current location to the Site. Details of the Old Railway Building and a concept plan showing the layout and elevations of the proposed new Railway House Building were prepared by the City and included in the Design Documentation.

The new Railway House Building will occupy an area of approximately 1009m2. The Site is located on the Busselton Foreshore (within Crown Reserve 38558/Lot 424 Queen Street, Busselton) at the intersection of Jetty Way (an extension of Stanley Street) and Foreshore Parade directly behind the Goose Beach Bar and Kitchen.  The new Railway House Building will be a landmark building and a focal point of the Busselton Jetty Precinct, to complement the heritage value of the site.

The objectives of the Request for Tender were to appoint a suitably qualified contractor for the design and construction of the Busselton Foreshore Railway House on the Busselton Foreshore.  The building will be for City of Busselton and BJECA with the main occupants BJECA and Margaret River Busselton Visitor Centre (under a Long Term Lease)..

Negotiations between the City of Busselton and BJECA to create this building have been occurring since 2011 when the first concept plans for a two storey building were prepared by D’Agostino & Luff. A Memorandum of Understanding (MOU) dated 3 March 2015 exists between the City of Busselton and the Busselton Jetty Environment and Conservation Association for the BJECA premises (train tunnel and storage and administration space) to be constructed by the City and leased to BJECA. 

 

An MOU also exists between the City of Busselton and Geographe Bay Tourism Association Inc (now ‘MRBTA’) providing for: conditions surrounding the construction of Railway House; and the leasing of approximately 120sqm indoor visitor serving space/retail space and a front verandah area of approximately 100sqm for MRBTA’s exclusive use. 

A concept design of the proposed new Railway House Building was included in the Tender documentation which shows the building's potential floor plan. Final plans will be prepared by the appointed Contractor.

The requirements for this Tender include:

-      Develop the design and layout, documentation for construction of the Railway House building, consistent with the design principles of the Site Plan and Concept Design.

-      Removal and relocation of the old Railway Building to the site to be incorporated into the new building. 

-      Construction of the new Building.

 

The contract with the successful tenderer will be managed by the Manager, Major Projects.

 

The request for tender for the Design and Construction of Railway House was advertised from August 7, 2015 for a period of six weeks, closing on October 9, 2015.  The City received thirty-eight requests for the tender documents and received two tender submissions.  This is a relatively low response rate, but is indicative of the level of complexity with the proposed works.

 

During the tender period, comments were made by several builders regarding the allocation of risk associated with transporting, dismantling and reassembling the existing Railway House building.  The requirements of RFT13/15 stipulate that the Contractor will be ultimately responsible for the risks associated with the project. Tenderers must be able to meet the insurance requirements of the Contract detailed in the RFT13/15.

 

A tender evaluation panel was formed to evaluate all tenders submissions and prior to the evaluation meeting and the tenders were assessed in accordance with the relevant WALGA guidelines and in the manner described in the Officer Comment section below.

 

A comprehensive summary of these responses and pricing schedules has been included in the confidential attachment.

 

The budget estimate for the total contract is $2,000,000 (exc GST). This is based on a completion date of 28 February 2017, with the City’s final component being $1,125,000 and BJECA’s $875,000. The preferred tenderer however submitted a tender with the budget estimate for the total contract of $2,041,840.73 (exc GST). This is based on a completion date of 1 December 2016.

 

STATUTORY ENVIRONMENT

 

Section 3.57 of Local Government Act 1995 requires “A local government to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and services”.

 

Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 require that tenders be publicly invited for such contracts where the estimated cost of providing the total service exceeds $100,000.

 

Compliance with the Local Government Act 1995 section 3.57 is required in the issuing and tendering of contracts.

 

 

 

 

RELEVANT PLANS AND POLICIES

 

The City’s purchasing, tender selection criteria, occupational health and safety and engineering technical standards and specifications, were all relevant to this tender and have been adhered to in the process of requesting and evaluating tenders.

 

The proposal for Railway House is consistent with the Council adopted Busselton Foreshore Master Plan and Western Australian Planning Commission endorsed Busselton Foreshore Development Guide Plan. 

 

FINANCIAL IMPLICATIONS

 

The total budget for the design and construction of Railway House is $2,000,000 which is a combination of the City’s budget of $1,125,000 for the City/MRBTA portion of the building and $875,000 from BJECA for the Railway Tunnel, Workshop Storage and Office component of the building.  However, the break-up of costs to each party for the two sections came in higher for the City’s component at $1,376,425.46 to that of BJECA’s at $665,415.28. The City’s component of the total cost is $1,376,425.46.

 

The price will be negotiated with the builder by charging components or materials with the aim of reducing the overall cost. However, these negotiations cannot take place until a preferred tenderer has been nominated.  If the price can be negotiated to the current budget, Officers propose to seek Council endorsement to utilise funds from the foreshore ancillary contingency works budget (cost code C3133) of $500,000 to fund any additional budget required to complete the project.   

 

Table 1

Costs to date

BJECA

City of Busselton

D’Agostino and Luff

36000

18000

18000

Drafting fees

18000

9000

9000

Legal Fees

10000

5000

5000

Project Management fees

30000

15000

15000

Railway Engineering fees

10000

5000

5000

Sub Total

104000

52000

52000

Costs to complete

Preferred Tender

 

665,415.28

1,376,425.46

Project Management fees (City)

 100000

50,000

50,000

 

Contingency Allowance (10%) 

 200000

100,000

100,000

Sub Total

 

815,415.28

1,526,425.46,000

Total Expected Cost

$867,415.28

1,578,425.46

Less City contribution to rail tunnel as per previous City resolution (C1406/162)

 

-100,000

100,000

Total Overall Cost

 2,445,840.74

767,415.28

1,678,425.46

The BJECA’s component of the total cost is $665,415.28.  There are additional costs that have already been incurred by the City of Busselton to date and to complete the building of $104,000 for which the City will be seeking reimbursement of.  This is outlined in Table 1.

 

Based on a splitting of the above costs of $404,000 at $202,000 each, the total required from BJECA is $867,415.28. In addition as outlined in the MOU, costs for services including water, sewerage, gas, Telstra and all statutory approvals will need to be apportioned to the CoB and BJECA.  These costs will amount to approximately $80,000 or $40,000 each.   This amount is an estimate and is to be confirmed.  It is envisaged that this will be recouped from BJECA following final costings from their contingency allowance.  

 

The awarding of the contract will need to be conditional upon BJECA signing off on the $867,415.28. However and as discussed with BJECA, it is proposed that the costs of $100,000 payable by the City as provided for under B.4(a) of the MOU will be waived.    This will bring the total required from BJECA to $767,415.28.  In addition, an amount of approximately $40,000 (to be confirmed) will be recouped from BJECA following final costings.

 

Whilst BJECA has agreed previously to the sum of $875,000 in principle they will need to take this request for $767,415.28 to their Board meeting on 19 November 2015 for signing off.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Railway House project on the Busselton Foreshore aligns with the following community objectives of the City of Busselton Strategic Plan 2013:

 

Key Goal Area 2.  Well planned, Vibrant and Active places:

 

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

 

2.2 A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections. 

 

Key Goal Area 3. Robust Local Economy

 

3.1A City recognised for its high quality events and year round tourism offerings.

 

RISK ASSESSMENT

 

The potential risks associated with the award of the tender could arise from either issues associated with the process and legislative compliance risks and contract completion risks. 

 

Great care has been taken to design a process which mitigates against any compliance and other risks associated with the tender award.  The documentation with the invitation to tender included very detailed contractual provisions and specifications which aim to ensure that the successful tenderer must complete the project in the manner, timeframe and overall cost which the City expects. 

 

CONSULTATION

 

Railway House was outlined in the Busselton Working Group Concept Plan (September 2010) and Busselton Foreshore Master Plan (April 2012).  This planning involved considerable consultation with the community through enquiry by design workshops, briefing and advertising for public comment.  The Busselton Foreshore Master Plan was adopted by the Council in April 2012.  The Busselton Foreshore Development Guide Plan which depicts Railway House has been formally adopted by the Council and was endorsed by the Western Australian Planning Commission in November 2014. 

 

The key stakeholders being BJECA and the MRBTA have been fully consulted and involved in the process to date, consistent with the respective MOUs.

 

OFFICER COMMENT

 

The tender assessment was carried out by a tender review panel consisting of Mersina Robinson, Senior Strategic Planner – Major Projects, Chris Shaw, Contract Administration and Technical Officer – Major Projects and Sophia Moore, Contracts and Tendering Officer.

 

All tenders were found to comply with the terms and conditions and mandatory requirements of the RFT. Accordingly, each tender was scored according to the qualitative criteria endorsed by Council and included in the tender documentation as follows:

 

Criteria Weighting

 

(a)          Relevant Experience                                    10%

(b)          Key Personnel Skills and Experience           5%

(c)           Tenderer’s Resources                                  10%

(d)          Demonstrated Understanding                   15%

 

The net tendered price was scored using the ‘Average Based Scoring Method’ recommended by WALGA in the ‘Local Government Purchasing and Tender Guide’.

 

The panel members individually assessed the compliance and qualitative criteria and then applied an average to provide a final rating. The scores were then added together to indicate the rankings for 

each tender. The Confidential report attached provides further detail in relation to the relative merits of each of the individual tenderers.

 

Both tenderers provided a reasonably well-documented tender submission. They had a high level of understanding of the project scope / works and provided details of relevant experience and qualified personnel.

 

CONCLUSION

 

The tender evaluation panel have completed their assessment in accordance with the City’s tender process and Officers now recommend the Council chooses to award the contract to Big Ben Builders.  This is subject to sign off by BJECA in accordance with the MOU.   

 

OPTIONS

 

The Council may consider the following alternate options:

 

1.    The Council choose not to accept the Officer’s Recommendation and award the tender to an alternate tenderer.  This however would be problematic as the other tenderer’s bid is significantly beyond the budget allocated, and the other tenderer has not presented the “best value for money” offer. 

 

2.    The Council may choose not to accept the Officer’s Recommendation and not award the tender.  This would mean going back out to tender, resulting in significant delays to the contract award and potential significant delays to the Railway House development and a home for BJECA, the Jetty Train and MRBTA.

3.    Not proceed with the redevelopment.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The award for the tender can be made immediately after the Council has endorsed the Officer’s recommendation and the City has received BJECA’s sign off confirming their contribution to the project of their payment.   Subject to finalisation of any minor contractual points, the tenderer will receive formal written notification within seven days of the resolution and confirmation from BJECA.  The unsuccessful tender applicant will be notified at this time.

 

Officer Recommendation and Council Decision

C1511/338              Moved Councillor C Tarbotton, seconded Councillor J McCallum

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Endorses the outcomes of the evaluation panel’s assessment in relation to Tender RFT13/15 for the Design and Construction of Railway House, which has resulted in the tender submitted by Big Ben Builders being ranked as the best value for money tenders of $2,041,840.73 (exc GST).

 

2.    Subject to Resolution 5, delegates authority to the CEO, following further negotiations, to award the contract to Big Ben Builders for a finalised lump sum price for the construction of Railway House.

 

3.    Endorses the CEO to utilise the foreshore ancillary works contingency budget cost code C3133 for reallocation to the Railway House project account as required.   

 

4.    Delegates authority to the CEO to approve variations in accordance with Regulation 21A of the Local Government (Functions and General) Regulations limited so as not to exceed the overall project budget.

 

5.    Requires that confirmation be obtained from BJECA’s Board to meet the agreed costs of their component costs of the project.  (NB: It is anticipated that confirmation will be received prior to the full Council meeting of 25 November 2015).

CARRIED 8/0

by absolute majority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.             Planning and Development Services Report

11.1           AMENDMENT NO 10 - PREFABRICATED BUILDINGS - FOR ADOPTION

SUBJECT INDEX:

Town Planning and Scheme Amendments

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Development Services

REPORTING OFFICER:

Manager, Development Services - Anthony Rowe

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Schedule of Submissions  

  

PRÉCIS

 

Council’s approval is required to adopt, for final approval, Amendment No. 10 to Local Planning Scheme No. 21 (LPS21). Given that no submissions expressing concern with the amendment were received, it is recommended that the Council adopt the amendment for final approval, without modification, and for consideration by the Western Australian Planning Commission and Minister for Planning.

 

It should be noted, however, that the planning direction set out in the amendment appears to be inconsistent with current planning direction at a State level, and so it is considered quite likely that the amendment will not be supported by the Minister, certainly without some change. Recognising that reality, it is recommended that, as well as adopting the amendment for final approval, the Council also request that, if the Minister is not prepared to support the amendment, that he consider alternative means of addressing the concerns that led to the Council initiating the amendment – i.e. concerns about the potential effect of pre-fabricated dwellings, especially relocated/second-hand dwellings, on the amenity of residential areas in the City.

 

BACKGROUND

 

At its ordinary meeting of 28 January 2015, the Council initiated Amendment 10 to the City of Busselton Local Planning Scheme No. 21. In summary, Amendment 10 proposed to –

 

1.    Prohibit development of a house/dwelling that is a ‘pre-fabricated building’ (which would include relocated/second-hand houses) in the Port Geographe area; and

 

2.    Require planning approval for any dwelling/house that is a pre-fabricated building anywhere else in the City, and require an assessment of whether the proposed development was consistent with the character of the locality.

 

STATUTORY ENVIRONMENT

 

The Minister published in the Western Australian Government Gazette the Planning and Development (Local Planning Schemes) Regulations 2014 on 23 August 2015. 

 

The new Regulations introduced Deemed Provisions (Schedule 2 P&D Regs 2015) which prevail over any provision in a local government town planning scheme.

 

The Planning and Development Act 2005 at s. 257B provides that the Deemed Provisions cannot be changed on an individual basis.  They can only be changed by amending the Regulations.

 

The Deemed Provisions (Schedule 2 P&D Regs 2015) exempt single houses and associated developments from requiring planning approval, where they meet the deemed-to-comply provisions of the R-Codes.  The only exception is if the single house is to be located in a Special Control Area.

 

RELEVANT PLANS AND POLICIES

 

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

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The amendment is considered to be consistent with the following community objectives of the City’s Strategic Community Plan 2013 –

 

2.2       A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections;

 

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 identified ‘downside’ risks only, rather than upside risks as well. 

 

The implementation of the Officer Recommendation will involve adopting the amendment for final approval and referring it to the Western Australian Planning Commission/Minister. In this regard, there are no significant risks identified.

 

CONSULTATION

 

Pursuant to section 48A of the Environment Protection Act and section 81 of the Planning and Development Act 2005 the amendment was referred to the EPA, which advised it had no advice or recommendations to provide.

 

The amendment was advertised for public consultation for 42 days from 12 August 2015, with the public submission period closing on 23 September 2015. 

 

One public submission in favour of the amendment was received (ATTACHMENT A).

 

OFFICER COMMENT

 

Ordinarily, if an amendment had been advertised and subject of only one, supportive, submission, there would be very little for the Council to consider prior to making a recommendation to the WAPC and Minister. In this case, however, the Minister has introduced new regulations since the amendment was first initiated that would indicate that the State’s overall planning direction is not consistent with the amendment as initiated by the Council, and there is therefore a reasonable prospect that the amendment may not be supported by the Minister, certainly without some change.

 

The Council therefore does need to consider what the best approach might be to achieve its underlying objectives. In doing that, officers are of the view that there is not any value in discussing or contemplating changes to the amendment that might address concerns that the Minister may have. On the very reasonable assumption that the Minister may have concerns with aspects of the amendment, however, it is recommended that the Council indicate to the Minister that, if he is not prepared to support the amendment, that consideration is given to alternative means of addressing the Council’s underlying concerns. That is reflected in part 7 of the officer recommendation.

 

CONCLUSION

 

It is recommended that the Council adopt the amendment for final approval, without change.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, it could consider the following options:

 

1.         Resolve to decline to adopt the amendment for final approval.

 

2.         Resolve to adopt the amendment for final approval, subject to modification(s).

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve referral of the Scheme Amendment documents to the Western Australian Planning Commission and this will occur within one month of the date of the Council decision.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.         Endorses the Schedule of Submissions prepared in response to the public consultation undertaken in relation to Amendment No. 10 to the City of Busselton Local Planning Scheme No. 21.

 

2.         Resolves to adopt for final approval Amendment No. 10 to the City of Busselton Local Planning Scheme No. 21,

 

(a)       Inserting at Schedule 1, in its alphabetical position;

 

Pre-fabricated building: Means a building, including a dwelling, in whole or part manufactured in advance or previously erected on another site, and which is transported to the site, either in whole or in sections.  This includes purpose designed transportable buildings, modular buildings, relocated buildings, buildings that are or incorporate shipping containers, and buildings in whole or part constructed using elements of decommissioned vehicles, including railway carriages, park homes, caravans or motor vehicles. This does not include outbuildings constructed on site using prefabricated steel or other metal structural elements.

 

(b)       inserting at 5.9 in the scheme

 

PRE-FABRICATED BUILDINGS

 

The local government shall not grant planning approval for development of a prefabricated building anywhere within the Port Geographe Development Area.

 

The local government shall not grant planning approval for development of a pre-fabricated building unless it is satisfied that the development will be consistent with the character of the locality in which development is proposed, the maintenance of the amenity of the locality in which development is proposed and the objectives, policies and other provisions of the Scheme which apply to the land where development is proposed. The local government may, if it considers it appropriate to do so, advertise an application for development of a pre-fabricated building pursuant to clause 10.4 of the Scheme.

 

and

 

renumbering consecutively the clauses which follow in Part 5

 

(c)       inserting at 9.2.1 (b) (xii) in the scheme –

 

The development consists, in whole or part, of a pre-fabricated building.

 

and

 

renumbering consecutively the clauses which follow in Part 9

 

3.         Acknowledges no statement has been received under section 48F(2) of the Environment Protection Act that requires any modification to Amendment No. 10 City of Busselton Local Planning Scheme No. 21.

 

4.         Refers Amendment No. 10 the City of Busselton Local Planning Scheme No. 21, so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

 

6.         Resolves that, where notification is received from the Minister or Authorised Person cl 45 that a modification of the Amendment is required prior to the approval of the Amendment by the Minister, the modification is to be undertaken by the Chief Executive Officer in accordance with the requirements of the regulations unless the modification affects the intent of the Amendment, or necessitates advertising, in which case it shall be referred to the Council for consideration.

 

7.         Resolves that, in the event the Minister declines to support the amendment, that the Minister be asked to consider identification of alternative solutions that can ensure relocated houses and prefabricated buildings are consistent with the character and amenity of the locality in which the development is proposed.

 

 

Note: Councillor Paine put forward an alternative motion for Council consideration.

 

 

 

 

 

 

 

                Motion

                Moved Councillor R Paine, seconded Councillor P Carter

 

                That the Council declines to adopt for final approval Amendment No. 10 to the City of     Busselton Local Planning Scheme No. 21

MOTION LOST 1/7

Voting:

For the motion:             Councillor R Paine.

Against the motion:     Councillor R Bennett, Councillor T Best, Councillor G Bleechmore, Mayor G Henley, Councillor J McCallum, Councillor C Tarbotton, Councillor P Carter and Councillor R Reekie.

 

Note: As the Motion put forward by Cr Paine was lost the Council voted on the Officer Recommendation.

 

Council Decision and Officer Recommendation

C1511/339              Moved Councillor T Best, seconded Councillor P Carter

 

That the Council:

 

1.         Endorses the Schedule of Submissions prepared in response to the public consultation undertaken in relation to Amendment No. 10 to the City of Busselton Local Planning Scheme No. 21.

 

2.         Resolves to adopt for final approval Amendment No. 10 to the City of Busselton Local Planning Scheme No. 21,

 

(a)       Inserting at Schedule 1, in its alphabetical position;

 

Pre-fabricated building: Means a building, including a dwelling, in whole or part manufactured in advance or previously erected on another site, and which is transported to the site, either in whole or in sections.  This includes purpose designed transportable buildings, modular buildings, relocated buildings, buildings that are or incorporate shipping containers, and buildings in whole or part constructed using elements of decommissioned vehicles, including railway carriages, park homes, caravans or motor vehicles. This does not include outbuildings constructed on site using prefabricated steel or other metal structural elements.

 

(b)       inserting at 5.9 in the scheme

 

PRE-FABRICATED BUILDINGS

 

The local government shall not grant planning approval for development of a prefabricated building anywhere within the Port Geographe Development Area.

 

The local government shall not grant planning approval for development of a pre-fabricated building unless it is satisfied that the development will be consistent with the character of the locality in which development is proposed, the maintenance of the amenity of the locality in which development is proposed and the objectives, policies and other provisions of the Scheme which apply to the land where development is proposed. The local government may, if it considers it appropriate to do so, advertise an application for development of a pre-fabricated building pursuant to clause 10.4 of the Scheme.

 

and

 

renumbering consecutively the clauses which follow in Part 5

 

(c)       inserting at 9.2.1 (b) (xii) in the scheme –

 

The development consists, in whole or part, of a pre-fabricated building.

 

and

 

renumbering consecutively the clauses which follow in Part 9

 

3.         Acknowledges no statement has been received under section 48F(2) of the Environment Protection Act that requires any modification to Amendment No. 10 City of Busselton Local Planning Scheme No. 21.

 

4.         Refers Amendment No. 10 the City of Busselton Local Planning Scheme No. 21, so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

 

6.         Resolves that, where notification is received from the Minister or Authorised Person cl 45 that a modification of the Amendment is required prior to the approval of the Amendment by the Minister, the modification is to be undertaken by the Chief Executive Officer in accordance with the requirements of the regulations unless the modification affects the intent of the Amendment, or necessitates advertising, in which case it shall be referred to the Council for consideration.

 

7.         Resolves that, in the event the Minister declines to support the amendment, that the Minister be asked to consider identification of alternative solutions that can ensure relocated houses and prefabricated buildings are consistent with the character and amenity of the locality in which the development is proposed.

CARRIED 7/1

Voting:

For the motion:             Councillor R Bennett, Councillor T Best, Councillor G Bleechmore, Mayor G Henley, Councillor J McCallum, Councillor C Tarbotton, Councillor P Carter and Councillor R Reekie.

Against the motion:     Councillor R Paine.

 

 


Council                                                                                      41                                                          25 November 2015

11.2           DA15/0476 - RESTAURANT / MARKET, LOT 202 (24), DUNN BAY ROAD, DUNSBOROUGH

SUBJECT INDEX:

Planning/Development Applications

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Site Plan

Attachment b    Development Plans

Attachment c    Schedule of Submissions   

  

PRÉCIS

 

The Council is asked to consider an application seeking approval for a Commercial Complex (Restaurant - Cafe - Food Court - Market) on Lot 202 (No.24)  Dunn Bay Road, Dunsborough (“the site”). A copy of site plans is at Attachment A proposed Development Plans at Attachment B.

 

The planning proposal has been placed before Council due to the significant volume of public submissions received raising concern with the proposed development.

 

It is considered that the proposal is consistent with the relevant planning framework and is recommended for approval subject to conditions.

 

BACKGROUND

 

Lot 202 (No.24)  Dunn Bay Road, is bound by Dunn Bay Road  to the North West, Seymour Boulevard to the South West, Chieftain Crescent to the South East and Lot 200 Dunn Bay Road (Bay Village Resort) to the North East.

 

Under Local Planning Scheme No. 21 the site is zoned Special Purposes – Mixed Use and is subject of Special Provisions 49. Special Provisions 49 in respect to commercial uses states that:

 

Land‐use permissibility shall be the same as for the ‘Business’ Zone…”

 

The development proposal consists of two café tenancies fronting Dunn Bay Road, with a seven stall ‘multiple outlet restaurant court’ and 38 market stalls fronting Seymour Boulevard.

 

Under the Scheme these fit within the use classes of ‘Restaurant’ and ‘Market’ which are permitted and discretionary uses respectively.

 

The proposed building has a maximum total height of 10.0 metres, which is consistent with the Scheme’s height controls.

 

Assessment of the parking needs for the development has been made based on the City’s Local Planning Policy 8ACarparking Provisions Policy. The applicable parking rate for Business Zoned properties in the Busselton and Dunsborough CBD’s is 4 carparking bays per 100m2 Net Lettable Area (NLA). The NLA does not include service areas, toilets or general thoroughfare areas of a building, nor have alfresco areas been included. The total NLA has been determined to be approximately 760m2, which generates the need for 31 bays. The development plan indicates 6 bays onsite, including 1 disabled bay, resulting in a shortfall of 25 on-site parking bays.

 

The Car Parking Provisions Policy (8A) and Scheme 21 include provisions for the option of a payment of cash-in-lieu of the shortfall of parking bays where considered appropriate by the City.

 

The applicant is seeking that the cash-in-lieu be accepted by the City. The City's current cash-in-lieu payment is $10,133.41 per bay. The total amount if cash-in-lieu is to be provided for the shortfall of all parking spaces $253,335.25.

 

The City is embarking upon Dunsborough Townscape Upgrade Works which includes the provision of approximately 80 formal parking bays within 200m of the site and cash-in-lieu monies can be put towards facilitating the development of this parking. In addition, the Council has identified an objective to secure a larger site for public car parking on the western edge of the Dunsborough Town Centre.

 

To further facilitate roadworks proposed by the townscape upgrade works, the City has proposed a landswap with the owner of Lot 202, whereby the City gives up a 113m2 portion of the Seymour Boulevard road reserve in exchange for an equal sized portion of Lot 202 being acquired by the City.

 

Although not specifically required by the Scheme, the proposal was referred to adjoining landowners and advertised in the local newspaper. The proposal was advertised for public comment due to the proposal being located in a prominent position in the Dunsborough Town Centre and proposing a significant cash-in-lieu of component to address parking required to service the development.    

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment that relate to the proposal are set out in the Local  Planning Scheme.

 

The site is located in the ‘Business’ zone. Objectives of this zone relevant to this application are as follows:

 

(a)       To provide for conveniently‐located shopping and other service associated commercial activities to service each centre’s catchment area, as determined by the relevant planning framework.

(b)       To maintain and reinforce the viability of existing commercial centres, including those supporting adjoining agricultural areas.

 

Policies of the “Business’ zone relevant to this application are:

 

(a)       To encourage the provision of retail and other business services and associated  development to add to the strength and diversity of existing centres.

 (b)      As far as is practical and appropriate to allow market forces to influence the location of retail and office uses within existing centres with minimal intervention by the local government.

(c)        To allow residential development only where it is a component of commercial development.

(d)       To utilise and strengthen the existing town centres of Busselton and Dunsborough as the primary retail and commercial centres of the City by active discouragement of any new “out of town” shopping centres other than neighbourhood shopping centres, convenience stores and the like.

(e)       The consolidation of land to assemble larger land parcels suitable for integrated development or redevelopment is encouraged and supported. Fragmentation of land, unless it is part of an overall plan for integrated development or redevelopment, will generally not be supported.

Part 5 of the Scheme deals with General Development Requirements and clauses relevant to the provision of parking in the business zone are:

 

5.8 Height of Buildings

The building height limit under the scheme for the subject property is three storeys or a total height of 10 metres above natural ground level.

 

5.21 Service Courts in the Business & Restricted Business Zones

One or more service court(s), shall be provided in any commercial development for the storage and concealment of refuse disposal bins, crates and other materials of trade. A service court shall be not less than 10m² in area with a minimum internal dimension of 3.5 metres and shall be screened to the satisfaction of the local government.

 

5.22 Parking in the Business and Restricted Business Zones

Provision shall be made for the off‐street parking of motor vehicles without charge to the general public in all development in the Business zone or Restricted Business zone. Parking areas shall be paved, drained and marked to the satisfaction of the local government and maintained thereafter, and shall be designed so as to enable all vehicles to return to the street in forward gear.

5.23 Cash‐In‐Lieu of Parking in the Business and Restricted Business Zones

5.23.1 The local government may, in respect of a use or development proposed within the Business zone or Restricted Business zone, require or accept the payment of cash‐in‐lieu of the provision of parking spaces on the lot of the proposed use or development. The intent of providing for the payment of cash‐in‐lieu of the provision of parking is to encourage comprehensive, consolidated and co‐ordinated development, to enable better and safer management of pedestrian and vehicular traffic and to facilitate the provision of strategically and conveniently‐located public parking facilities.

5.23.2 The cash payment in lieu of the provision of parking shall not be less than the estimated cost to local government of ‐

(a) constructing, sealing and draining the number of car parking spaces as a consequence of the development; and

(b) all associated administration costs to local government and shall not include any costs

related to the value or acquisition of land.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration are set out in the following policy documents:

·    Local Planning Policy 6B Percent for Art

·    Local Planning Policy 8A City of Busselton Car Parking Provisions

 

Percent for Art

The City of Busselton requires eligible proposals to provide public art contributions. All development proposals for multiple dwellings, grouped dwellings, mixed use, commercial, civic, institutional, educational projects or public works of a value greater than $1,000,000 (one million dollars) are regarded as eligible proposals under the percent for art provisions.

 

The cost of any Public Art provided under these provisions shall be no less than one percent of the value of the eligible proposal. Public Art required pursuant to these provisions shall be provided on site by the proponent. Alternatively, the proponent may choose to satisfy the contribution through a cash in lieu payment towards precinct public artwork. In cases where the proponent chooses a cash in lieu payment as their preferred method of satisfying their obligation, the funds collected from their contribution shall be expended by the City on public artwork in the Precinct in which the funds were collected.

 

City of Busselton Car Parking Provisions

Where car parking cannot be provided onsite or where on site provision is not desirable in terms of traffic or pedestrian management, then all or part of the shortfall may be met via a cash-in-lieu payment. Car parking requirements are discussed in more detail in the ‘officer comment’ part of the report.

 

FINANCIAL IMPLICATIONS

 

This application may result in financial implications in respect to the payment of cash-in-lieu of required parking bays. If cash-in-lieu of onsite parking bays is accepted by the City, this money is to be set aside and

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objectives 2.2 and 3.1 of the Strategic Community Plan 2013, which are:

2.2          A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

3.1          A strong, innovative and diversified economy that attracts people to live, work, invest and visit.

 

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. Risks are only identified where the individual risk, once controls are identified, is medium or greater. No such risks have been identified.

 

CONSULTATION

 

The proposal was referred to adjoining landowners of the proposed development site and was also advertised in the local newspaper for a period of 14 days.

 

A total of twenty-three public submissions were received.  The majority of public submissions received were objecting or raising concerns with the proposal for the following reasons:

 

·    Detrimental impact of the proposed restaurant court and markets on existing businesses and that the restaurant court will be occupied by out of town fast food chains.

·    Inadequate provision of parking and proposal will impact on availability of existing car parking in the town site.

·    Concern regarding the scale and design of the building.

·    The proposal is not in keeping with the village atmosphere of Dunsborough.

·    Concern with impact of the proposal on neighbouring residential properties on Chieftain Crescent.

These concerns raised in the submissions are discussed further below and specific consideration of each of the submissions is given at Attachment C.

 

OFFICER COMMENT

 

The key questions requiring to be considered in determining the application are seen as being –

 

1.    Is the City satisfied that, balancing land use, design and other relevant planning considerations, the proposed development is appropriate to be approved?

2.    If the answer to that question is ‘yes’, is the City prepared to accept cash-in-lieu to address car parking requirements in order to facilitate the development?

 

The proposal will have sufficient infrastructure and servicing and is considered to be generally consistent with the objectives and policies for the business zone.

 

Land use

 

Numerous submissions, including from existing Dunsborough business owners, raise concern that the proposal will impact on current restaurant, café and local artist businesses in town that are already struggling to be profitable outside of the main tourist seasons,. Many of these submissions also raise concern that the restaurant court will be predominantly occupied by out of town fast food chains.

 

The site has been zoned Special Purposes – Mixed Use. Mixed Use development is typically expected to include a range of commercial uses and frequently will include a range of café/restaurants and small retail including artists. The proposed development from land use perspective is therefore consistent with the zoning of the land. Whilst development on this site may have an affect on some existing businesses, that is not something that can be considered in the making of a planning decision of this kind.

 

Car Parking

 

Concerns have been raised in submissions that the proposal will add to already existing parking issues in the Dunsborough Town Centre and it is not acceptable for the development to not develop sufficient on site parking.

 

Conversely some submissions clearly supported minimising onsite parking in favour of providing parking that could be used by all of the public rather than just patrons of the development.

 

The Scheme and City of Busselton Car Parking Provisions specifically recognise that there are instances where it may be appropriate and even desirable for a development to provide cash-in-lieu of onsite carparking. Such examples are to encourage comprehensive, consolidated and co‐ordinated development, to enable better and safer management of pedestrian and vehicular traffic and to facilitate the provision of strategically and conveniently‐located public parking facilities.

 

The City is embarking upon Dunsborough Townscape Upgrade Works which includes the provision of public parking facilities within 200m of the site in a location which aids management of safer pedestrian and vehicle traffic flow.  Cash-in-lieu monies can be put towards facilitating the development of this parking and is considered to provide a better outcome for Dunsborough than having the use, street activation and general aesthetics of a visually prominent site compromised by carparking. 

 

Concern has been raised that if new parking is not located within an appropriate location then the patrons of the proposed development will as a first option use the privately owned car park at Dunsborough Park Shopping Centre immediately opposite the development site. It should be noted that a significant proportion of the car parking in this area is actually public car parking, with slightly less than half of the existing car parking in this area actually being private car parking. Of the approximately 80 parking bays proposed as part of Dunsborough Townscape Upgrade Works, between 20 and 25 of the new parking bays (subject to final design) are proposed to be located adjacent to the existing private carpark, opposite the development site.  The cash-in-lieu proposed is to cover a shortfall of 26 bays and can be directly used to provide the majority of the necessary parking in the most convenient location. It is considered that this should adequately address the concern that private car parking would be significantly occupied by patrons of Lot 202 Dunn Bay Road. 

 

Once the parking associated with upgrade works is completed then it is anticipated that this will help reduce the current problems with parking supply in Dunsborough Town Centre during peak periods. For a range of reasons, however, it is difficult to see a situation arising in which parking supply in Dunsborough Town Centre can be increased to a level such that there is not a very high level of demand for the available parking during peak periods.

 

Building Design

 

Concerns have been raised that the proposed building design is not in keeping with the ‘village atmosphere’ and is more typical of shopping centre buildings in Perth. Particular comments raised in respect to building height, materials used and roofline style

 

The proposed building complies with the specified building height limit in the Scheme, which is 10m. The maximum building height proposed is 10m, with the majority of the building being a single storey design well below 10m in height. There are other buildings in the Dunsborough townsite built up to the 10m height limit.

 

The proposed building design includes bi-fold doors to restaurant court and café tenancies to provide activation to both Dunn Bay Road and Seymour Boulevard. The applicant has advised that they intend to use composite materials i.e colorbond, timber and stone which are similar to that used on other buildings in town and that the design has given consideration to rain, wind, summer and winter sun and ventilation needs.

 

Impact on adjoining landowners

 

Owners of residential properties on Chieftain Crescent are not happy with the proposed service zone off Chieftain Crescent.  Increased traffic, noise and visual pollution from car park, bin/wash down area and loading bay being directly opposite homes are the main concerns raised. The hours of operation from 7am – 11pm with possible late night noise was also raised as a concern.

 

Engineering Services staff have assessed the proposed inclusion of parking bays accessing off Chieftain Crescent and have advised that they are comfortable that due to the low traffic volume and low speed on Chieftain there is an acceptably low risk posed by 5 x vehicles and bin access reversing out of the development onto the road. It should be noted that the main loading bay is proposed to be developed on Seymour Boulevard and is designed so as to ensure that vehicles using it can enter and exit in forward gear. Positioning of these facilities such that they enter/exit onto the lowest traffic volume road is considered to be significantly less likely to cause traffic conflict than access onto Seymour Boulevard or Dunn Bay Road. 

 

Bin enclosures design, wash down and rubbish management will be required to meet health legislation requirements. Noise will be required to be kept within the appropriate limits specified by the Environmental Protection (Noise) Regulations 1997.

 

Given the site has been zoned to facilitate commercial development, any development of the site is likely to have a similar level of impact neighbouring residential properties.

 

 

CONCLUSION

 

It is recommended that the Council approve the development with conditions including payment of cash-in-lieu of onsite parking bays.

 

OPTIONS

 

The Council could:

 

1.    Refuse the proposal, setting out reasons for doing so.

2.    Apply additional or different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The proponent will be advised of the Council decision within two weeks of the Council meeting.

 

Officer Recommendation

 

That the Council resolve:

 

1.    That application DA15/0476 submitted for development at Lot 202 (No.71) Dunn Bay Road, Dunsborough is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

2.    That Development Approval is issued for the proposal referred to in 1. above subject to the following conditions:

 

General Conditions:

1.         All development is to be in accordance with the approved Development Plan dated    (attached), including any amendments placed thereon by the City and except as may be modified by the following conditions.

 

2.         The development hereby approved shall be substantially commenced within two years from the date of this decision letter.

 

Prior to Commencement of Any Works Conditions:

3.         If land swap arrangements are unable to be completed, details of a revised development contained entirely within the boundaries of Lot 202 Dsunn Bay Road are to be submitted to the City and approved in writing.

 

4.         The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the City and have been approved in writing:

a)    A Construction Management Plan.

b)    A detailed schedule of colours and materials.

c)    Satisfactory arrangements shall be made with the City to provide public art works.  This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

d)    Details of stormwater and surface water drainage. Stormwater to be retained for use and/or infiltration within the lot at a rate of 1m³ per 40m² of impervious area.

e)    A Landscape Plan.

f)     Details of the vehicular crossovers.

g)     Details of the bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

5.         The development hereby approved, or any works required to implement the development, shall not commence until the following contributions have been paid to the City:

a)  A contribution of $253,335.25 in lieu of the provision of onsite parking bays.

 

Prior to Occupation/Use of the Development Conditions:

6.         The development hereby approved shall not be occupied or used until all plans, details of works required by Conditions(s) 1, 3 and 4 have been implemented and the following conditions have been complied with:

a)     Landscaping and reticulation shall be implemented in accordance with the approved Landscape Plan and shall thereafter be maintained to the satisfaction of the City.  Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

b)     A minimum number of 6 car parking bays (including 1 disabled bay) shall be provided on site.  The parking area(s), driveway(s) and point(s) of ingress and egress [including crossover(s)] shall be designed, constructed, sealed, drained and marked.

On-going Conditions:

 

7.         The works undertaken to satisfy Condition(s) 1, 3, and 5 shall be subsequently maintained for the life of the development.

 

Note: Officers provided an amended recommendation to correct minor typographical errors and to include additional conditions.

 

Council Decision and Amended Officer Recommendation

C1511/340              Moved Councillor J McCallum, seconded Councillor R Reekie

 

That the Council resolve:

 

1.    That application DA15/0476 submitted for development at Lot 202 (No.71) Dunn Bay Road, Dunsborough is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

2.    That Development Approval is issued for the proposal referred to in 1. above subject to the following conditions:

 

 

General Conditions:

1.         All development is to be in accordance with the approved Development Plan dated    (attached), including any amendments placed thereon by the City and except as may be modified by the following conditions.

 

2.         The development hereby approved shall be substantially commenced within two years from the date of this decision letter.

 

Prior to Commencement of Any Works Conditions:

3.         If land swap arrangements are unable to be completed, details of a revised development contained entirely within the boundaries of Lot 202 Dunn Bay Road are to be submitted to the City and approved in writing.

 

4.         The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the City and have been approved in writing:

a)    A Construction Management Plan.

b)    A detailed schedule of colours and materials.

c)    Satisfactory arrangements shall be made with the City to provide public art works.  This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

d)    Details of stormwater and surface water drainage. Stormwater to be retained for use and/or infiltration within the lot at a rate of 1m³ per 40m² of impervious area.

e)    A Landscape Plan including details of landscaping works, including footpaths and other hard landscaping elements, to be undertaken on street verges adjacent the site.

f)     Details of the vehicular crossovers including plans that provide for a reduction in the total width of the crossover to 15 metres, split into two separate crossovers, to then provide for landscaping of the central section of the Chieftain Crescent verge.

g)     Details of the bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

h)     Details of bin storage and collection arrangements, including confirmation that bin storage areas can and will be screened from public view at all times, other than when refuse collection is taking place, and using materials and in a form compatible with the rest of the building, and also that the bin store area be increased in size to a minimum of 30 square metres.

5.         The development hereby approved, or any works required to implement the development, shall not commence until the following contributions have been paid to the City:

a)  A contribution of $253,335.25 in lieu of the provision of onsite parking bays unless the floorspace is reduced and/or parking provided increased or reduced as a result of addressing other conditions of approval, in which case the cash-in-lieu payment required shall be adjusted up or down, as appropriate, in a manner consistent with the City’s local planning policies.

 

Prior to Occupation/Use of the Development Conditions:

6.         The development hereby approved shall not be occupied or used until all plans, details of works required by Conditions(s) 1, 3 and 4 have been implemented and the following conditions have been complied with:

a)     Landscaping and reticulation shall be implemented in accordance with the approved Landscape Plan and shall thereafter be maintained to the satisfaction of the City.  Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

b)     A minimum number of 6 car parking bays (including 1 disabled bay) shall be provided on site.  The parking area(s), driveway(s) and point(s) of ingress and egress [including crossover(s)] shall be designed, constructed, sealed, drained and marked.

On-going Conditions:

 

7.         The works undertaken to satisfy Condition(s) 1, 3, and 6 shall be subsequently maintained for the life of the development.

CARRIED 8/0

  

 

 

 

 

 

 

 


 

12.             ENGINEERING AND WORKS SERVICES REPORT

Nil

13.             Community and Commercial Services Report

13.1           DRAFT CITY OF BUSSELTON SOCIAL AND AGEING PLAN 2015-2025

SUBJECT INDEX:

Community Development

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Draft City of Busselton Social and Ageing Plan 2015 - 2025  

  

PRÉCIS

 

In 2012, the City of Busselton developed a Social and Ageing Plan (the Plan) to meet the needs of the rapidly changing community.  At the 30 January 2013 meeting, the Social and Ageing Plan was endorsed by Council as a guide for future planning. Three years on the plan has been reviewed and updated in line with community expectations reflected through consultation, including consultation as part of the City’s Strategic Community Plan 2015 review. This report recommends that the Council endorses the draft Plan to be publicly advertised for a period of twenty one (21) days, and that subject to submissions received through the advertising process being referred back to Council for consideration, adopts the Social and Ageing Plan 2015-2025 as a guide for future planning.

 

BACKGROUND

 

In August 2011, City Officers prepared a Social and Ageing Plan to identify and prioritise community needs and aspirations.  As part of this, Officers undertook a significant level of community consultation and review of existing publications to inform the formation of the Plan, including the following:

·    Obtained and analysed existing information available to establish the community’s needs and priorities. This included (then) current and projected demographic and economic data and existing strategies and plans;

·    Reviewed (then) current services within the community to determine their appropriateness and accessibility;

·    Consulted with other government and non-government agencies, local community groups and other internal and external stakeholders to establish priorities and formulate strategies, goals and actions to achieve them;

·    Performed further consultation with these agencies, groups and stakeholders on a series of draft plans;

·    Integrated key findings, strategies and desired outcomes both from and into the City’s Strategic Community Plan.

On 30 January 2013, Council endorsed the Social and Ageing Plan as a guide for future planning for the period 2012 -2020.

 

On an annual basis City Officers undertake a review of the progress of the actions completed of the ten (10) key goal areas identified in the Plan and communicate this to Council, and the wider community.

Three years from the development of the Plan, City Officers have undertaken a significant review, including the updating of priorities and actions in consultation with the community.  Part of this consultation was conducted as part of the Community Strategic Plan review undertaken in 2015. 

This report provides an overview of the Plan and recommends that the updated Plan be advertised for public comment.

 

STATUTORY ENVIRONMENT

 

The Social and Ageing Plan supports the achievements of Council’s obligations under the new Integrated Planning Framework and associated regulations introduced in August 2012.

 

RELEVANT PLANS AND POLICIES

 

The City’s Community Engagement and Consultation Policy has been used as a framework for the consultation undertaken in the revised Social and Ageing Plan.

 

Other City of Busselton Plans such as the Disability Access and Inclusion Plan, Safety and Security Strategy, Leisure Services Plan, Bike Plan and Cultural Plan all informed the development of the Social and Ageing Plan.

 

FINANCIAL IMPLICATIONS

 

Many of the actions in the City of Busselton Social and Ageing Plan will be funded from existing resources. Where possible, any implications for additional funding have been estimated in the ‘Cost Estimate’ column of the Plan with notes to identify potential Council and external funding sources.  It is to be noted that these funding sources are indicative only and are by no means confirmed.  It should be noted however that the City is responsible for the facilitation of the Plan’s implementation, and whilst the City is responsible for specific actions, the majority of actions will be undertaken by external stakeholders.

 

Long-term Financial Plan Implications

 

The implementation of actions where the City is identified as the responsible/lead agency and is subject to continued assessment in light of any other competing priorities of Council and will be further reviewed and prioritised as part of the City’s ongoing future financial and corporate planning Cycles.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Plan is a Community Wellbeing / Quality of Life document and is consistent with the following City of Busselton Community Strategic Plan objectives:

 

Caring and Inclusive Community

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

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

·   A community that supports healthy, active ageing and services to enhance quality of life as we age.

 

Well Planned, Vibrant and Active Spaces

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

·   A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

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

Robust Local Economy

·   A strong, innovative and diversified economy that attracts people to live, work, invest and visit.

·   A City recognised for its high quality events and year round tourist offerings.

·   A community where local business is supported.

 

Connected City                           

·   Transport options that provide greater links within our district and increase capacity for community participation.

·   A community that is well connected to its neighbours and the broader world.

·   A linked network of cycle ways and pedestrian paths providing alternative transport options.

 

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. The officer recommendation is considered to be “low” risk.

 

CONSULTATION

 

The Social and Ageing Plan 2015 review has been informed by extensive consultation with the lead agencies and partners who have assisted in the development of key issues, goals, actions and responsibilities identified in the Plan.

 

These agencies and partners were instrumental in the development of the original Social and Ageing Plan and were re-engaged again in 2015 to confirm if there have been any significant changes in actions or priorities going forward.

 

OFFICER COMMENT

 

The Strategic Community Plan identifies at the highest level the priority needs of the community for the next ten (10) years. The Social and Ageing Plan breaks down the objectives in the Strategic Community Plan into specific actions for Local Government, other Government and non-government agencies and community groups to achieve the objectives stated in the Strategic Community Plan.

 

The Plan provides a ‘social vision’ for the community and unified focus. It identifies how as a community we will respond to the changing values and needs, and the social issues and opportunities that change presents. As a result of the consultation conducted to date for both this Plan, other plans and the Strategic Community Plan, the community’s values are centred around the 10 key goal areas upon which the Social and Ageing Plan is structured. These are:

 

•             Recreation and Leisure Services

•             Transport

•             Community Health and Wellbeing

•             Seniors and Ageing

•             Youth Services

•             Children and Family Services      

•             Education and Learning

•             Community Safety

•             Culture

•             Business, Industry and Employment

There has been significant progress made against actions in the Plan since its inception in 2013.  This is highlighted in the revised Plan in a section titled ‘Completed Actions.’  In addition there is also a new section added titled ‘Measuring Outcomes’, which provides the City with some quantitative key performance indicators that, in addition to the completion or progress against action items, provides feedback on community and social improvements or deteriorations within the City of Busselton. 

 

The other ‘Lead Agencies’ identified in the Plan have been involved in the development of the key issues and subsequent actions to address them. These agencies and partners were instrumental in the development of the original Social and Ageing Plan and were re-engaged again in 2015 to confirm if there have been any significant changes in actions or priorities going forward.

 

The Plan proposes a timeframe of ten (10) years from 2015 to 2025, to be reviewed every two years in line with the review cycles of the Strategic Community Plan.

 

CONCLUSION

 

Officers recommend the Council adopts the draft City of Busselton Social and Ageing Plan to provide direction to City Officers, other government and non-government agencies and community groups on how stakeholders can work together to manage the community’s key social and ageing issues and priorities identified over the next ten (10) years from 2015 to 2025, to be reviewed every two years in line with the review cycles of the Strategic Community Plan.

 

The Plan will be advertised for 21 days with any public comments that would significantly alter the priorities identified in the Plan to be reported back to Council for consideration.

 

OPTIONS

 

The Council may choose to:

 

Option 1: Approve the draft City of Busselton Social and Ageing Plan to be advertised subject to modifications as required by the Council.

 

Option 2: Not approve the draft City of Busselton Social and Ageing Plan for advertising.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The draft City of Busselton Social and Ageing Plan will be advertised to the public within two weeks of the Council resolution and be advertised for a period of twenty one (21) days with any public comments that would significantly alter the priorities identified in the Plan to be reported back to Council for their consideration.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Endorses the draft City of Busselton Social and Ageing Plan 2015-2025 to be advertised for public comment for a period of 21 days.

 

2.    Subject to submissions received through the advertising process being referred back to Council for consideration, adopts the Social and Ageing Plan 2015-2025 as a guide for future planning.

 

Note: An amended Officer Recommendation was presented that changed the name of the plan.

 

COUNCIL DECISION AND AMENDED OFFICER RECOMMENDATION

C1511/341              Moved Councillor J McCallum, seconded Councillor P Carter

 

That the Council:

 

  1. Endorses the draft City of Busselton Social Plan 2015-2025 to be advertised for public comment for a period of 21 days.

 

  1. Subject to submissions received through the advertising process being referred back to Council for consideration, adopts the Social Plan 2015-2025 as a guide for future planning.

 

CARRIED 8/0

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

16.             Motions of which Previous Notice has been Given

Nil

17.             Confidential Reports  

The reports listed below are of a confidential nature, in accordance with section 5.23(2) of the Local Government Act 1995. These reports have been provided to Councillors, the Chief Executive Officer and Directors only.

 

17.1           UNAUTHORISED DEVELOPMENT (UNAUTHORISED CLEARING) - LOT 2, 85 WOODLANDS ROAD, WILYABRUP

SUBJECT INDEX:

Development - Planning Compliance

STRATEGIC OBJECTIVE:

Growth is managed sustainably and our environment is protected and enhanced as we develop.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning/Legal Services

REPORTING OFFICER:

Statutory Planning Coordinator - Joanna Wilson

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Cleared Areas - Lot 2, 85 Woodlands Road  

 

This item is confidential in accordance with section 5.23(2) (f)(i) of the Local Government Act 1995, as it contains information relating to a matter that if disclosed, could be reasonably expected to impair the effectiveness of any lawful method of procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law.

  

Council Decision and Officer Recommendation

C1511/342              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the Council:

 

1.         Authorises the Chief Executive Officer to commence prosecution of any one or more of the alleged offenders referred to in this report for the unauthorised clearing of vegetation on Lot 2, 85 Woodlands Road, Wilyabrup.

 

2.         Authorises the Chief Executive Officer to withdraw at any stage during the prosecution proceedings prosecution against any one or more of the alleged offenders should in his discretion circumstances warrant such action.

 

CARRIED 8/0

 

 

 

 

 

 

 

18.             Questions from Members

Nil

19.             Public Question Time

Nil

20.             Next Meeting Date

Wednesday, 9 December 2015

21.             Closure

The meeting closed at 5.56pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 56 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 9 December 2015.

 

 

DATE: _________________             PRESIDING MEMBER: _________________________