COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

12 September 2018

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 12 September 2018

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 12 September 2018, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

4 September 2018


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 12 September 2018

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

Apologies. 5

Approved Leave of Absence. 5

3....... Prayer. 5

4....... Application for Leave of Absence. 5

4.1          Leave of Absence Request. 5

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

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

Announcements by the Presiding Member. 5

7....... Question Time For Public. 5

Response to Previous Questions Taken on Notice. 5

Public Question Time For Public. 5

8....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 22 August 2018. 5

Committee Meetings. 6

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 6

Petitions. 6

Presentations. 6

Deputations. 6

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 6

11..... Items brought forward for the convenience of those in the public gallery. 6

12..... Reports of Committee. 7

12.1        Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY WASTE MANAGEMENT FACILITY AND PLANT RESERVE - MANAGEMENT OF END OF YEAR POSITION.. 7

12.2        Policy and Legislation Committee - 28/08/2018 - STANDING ORDERS LOCAL LAW AMENDMENT. 15

12.3        Policy and Legislation Committee - 28/08/2018 - BUSSELTON & DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAMME. 79

12.4        Policy and Legislation Committee - 28/08/2018 - PROPOSED REPLACEMENT OF THE CURRENT ENFORCEMENT AND PROSECUTIONS POLICY WITH A PROPOSED COMPLIANCE POLICY. 111

12.5        Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY - CITY PROMOTION - GOVERNMENT PARTNERSHIPS. 130

12.6        Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY - RAILS TO TRAILS. 137

13..... Planning and Development Services Report. 144

Nil

14..... Engineering and Work Services Report. 145

14.1        Award of Tender RFT12/18 Construction of the Busselton Tennis Club. 145

15..... Community and Commercial Services Report. 150

Nil

16..... Finance and Corporate Services Report. 150

Nil

17..... Chief Executive Officers Report. 151

17.1        Councillors' Information Bulletin. 151

18..... Motions of which Previous Notice has been Given.. 186

Nil

19..... urgent business. 186

20..... Confidential Matters. 186

NilNil

21..... Closure. 186

 


Council                                                                                      4                                                           12 September 2018

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Approved Leave of Absence

 

Nil

3.               Prayer

4.               Application for Leave of Absence

4.1             Leave of Absence Request

Councillor Paul Carter has submitted a request for a Leave of Absence for the Ordinary Council Meeting being held on Wednesday 12 September 2018 and the Ordinary Council Meeting being held on Wednesday 26 September 2018.

 

 

RECOMMENDATION

 

That a Leave of Absence be granted to Council Carter for the Ordinary Council Meeting being held on Wednesday 12 September 2018 and the Ordinary Council Meeting being held on Wednesday 26 September 2018.

 

 

 

 

5.               Disclosure Of Interests

 

6.               Announcements Without Discussion

Announcements by the Presiding Member 

7.               Question Time For Public

Response to Previous Questions Taken on Notice 

Public Question Time For Public

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 22 August 2018

Recommendation

That the Minutes of the Council Meeting held 22 August 2018 be confirmed as a true and correct record.

 

Committee Meetings

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

10.             QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

11.             Items brought forward for the convenience of those in the public gallery


Council                                                                                      9                                                           12 September 2018

12.             Reports of Committee

12.1           Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY WASTE MANAGEMENT FACILITY AND PLANT RESERVE - MANAGEMENT OF END OF YEAR POSITION

SUBJECT INDEX:

Council Policies

STRATEGIC OBJECTIVE:

Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Governance

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy Waste Management Facility and Plant

Attachment b    Current Policy Waste Management Facility and Plant Reserve - Management of end of year position  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a revised ‘Waste Management Facility and Plant Reserve’ policy (Attachment A) (the Policy) for Council approval, with the current policy having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined to remove operational level detail, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

 

BACKGROUND

 

A policy in relation to the long term funding of waste management activities for the district was originally adopted in March 2013, with the policy establishing a commitment that any waste related surplus/deficit would be transferred to or from the Waste Management Facility and Plant Reserve.  It was recognised that waste management would increasingly require effective long term planning, and that the ability to retain surplus funds from waste management fees, charges and activities was important to pay for future costs, therefore reducing the burden on future ratepayers.  The policy was reviewed in March 2015 with changes made to recognise that, as per the Long Term Financial Plan (LTFP), funding for new and replacement plant and equipment required by waste services would be funded by the reserve.

 

The long term funding of waste management remains an issue of strategic significance and the City’s LTFP continues to provide for the waste management funding and expenditure to be reconciled to and from the reserve.  Retention of a policy maintaining this as a strategic direction is therefore recommended.    

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Systems Review.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The Policy adheres to this framework and template.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy presents no additional financial implications. 

 

Long-term Financial Plan Implications

 

Adoption of the Policy presents no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed policy links to Key Goal Area 3 – Environment, and Key Goal Area 6 - Leadership, of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

3.2: Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations;

6.4: Assets are well maintained and responsibly managed.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation with the policy simply reiterating and maintaining Council’s current position for the long term funding of waste management.

 

CONSULTATION

 

No specific consultation was undertaken or considered necessary in relation to the review of the Policy.

 

OFFICER COMMENT

 

As outlined in the Background section of this report, the purpose of the Policy is to set out a strategic direction from Council for the long term funding of waste management activities within the district and, where identified, regionally. 

 

The Policy maintains the current policy position that all revenues derived from waste management fees and charges are to be retained in the Waste Management Facility and Plant Reserve (WMFPR) for the purpose of undertaking all facets of waste management, with a consolidated position of the City’s waste management activities to calculated at year end and any surplus to be transferred to the WMFPR or any deficit to be transferred from the WMFPR.

 

The Policy has been amended in accordance with the recommendations of the GSR, with operational detail in relation to the management of the reserve removed, specifically the listing of expenditure and revenue items transferred to and from the reserve.  The Policy instead states that all revenue derived from waste management fees and charges will be retained in the WMFPR and that the reserve will be used for all facets of waste management.      

 

CONCLUSION

 

The Policy updates the current ‘Waste Management Facility and Plant – Management of end of year position’ policy and in doing so maintains Council’s commitment to its current approach of sustainably managing the long term funding requirements for waste management. 

 

OPTIONS

                            

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to waste management funding and operation of the Waste Management Facility and Plant Reserve.  Council could also require further amendments to be to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The new policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

That the Council adopts the revised Waste Management Facility and Plant Reserve policy as per Attachment A, to replace the current policy (Attachment B)

 

 

COMMITTEE RECOMMENDATION

That the Council adopts the revised Waste Management Facility and Plant Reserve Policy as per

Attachment A, with part of the last sentence in 2.1 being reworded, the capital letters on waste

management in 5.1 and revenues in 5.2 being corrected and 5.4 being removed, to replace the current Policy (Attachment B).

 

Reason:   The Committee was in agreement that the above changes would improve the policy scope.


Council

11

12 September 2018

12.1

Attachment a

Proposed Policy Waste Management Facility and Plant

 


 


Council

14

12 September 2018

12.1

Attachment b

Current Policy Waste Management Facility and Plant Reserve - Management of end of year position

 


 


 


Council                                                                                      19                                                         12 September 2018

12.2           Policy and Legislation Committee - 28/08/2018 - STANDING ORDERS LOCAL LAW AMENDMENT

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Amendment Local Law

Attachment b    Current Standing Orders  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City’s Standing Orders Local Law 2018 (Standing Orders) was published in the government gazette on 4 April 2018 and came into effect shortly thereafter. An amendment to the Standing Orders Local Law has been prepared (Amendment Local Law) for consideration by the Council. It is recommended that the Council initiate the law-making process and authorise the CEO to commence advertising the Amendment Local Law.

 

BACKGROUND

 

Following gazettal of the Standing Orders, the Joint Standing Committee on Delegated Legislation (JSC) wrote to the City seeking an undertaking to amend certain provisions of the Standing Orders. On 25 July 2018 the Council resolved to provide the following undertaking to the JSC:

 

“That the Council undertakes to the Joint Standing Committee on Delegated Legislation that:

 

1.            within six months, the City will make the following amendments to the City of Busselton Standing Orders Local Law 2018:

(a)          Amend clause 6.7(6)(c) to read as follows:

the member of the public asks a question that is offensive or defamatory in nature or is one which, if asked by a member, would be in breach of these standing orders or any other law, provided that the presiding member has taken all reasonable steps to assist the member of the public to phrase the question in a manner that is not offensive or defamatory, or does not breach these Standing Orders or any other law.

(a)          Amend clause 5.10(6) by deleting the words ‘Local Government’.

(b)          Amend clause 8.16(1) by deleting the figure ‘16’ and inserting ‘15’ in its place.

(c)           Amend clause 10.18(2) by deleting the phrase ‘, the member’.

(d)          Amend clause 11.6(2) by deleting the figure ‘5.6’ and inserting ‘5.10’ in its place.

2.            until the Local Law is amended in accordance with undertaking 1, the City will:

(a)          not enforce the Local Law in a manner contrary to undertaking 1.

(b)          where the Local Law is made publicly available, whether in hard copy or electronic form (including on the City’s website), ensure that it is accompanied by a copy of these undertakings.

 

As the City has undertaken to the JSC to amend the Standing Orders, it is also considered an opportunity to amend two other matters that have been identified by the City with regard to the Standing Orders. The two issues are the Order of Business and the timing of Notices of Motion. These issues are discussed further below under Officer Comment.

 

STATUTORY ENVIRONMENT

 

Section 3.5 of the Act provides Council with the head of power for making a standing orders local law.

 

Section 42 of the Interpretation Act 1984 allows the WA State Parliament to disallow a local law, which is a mechanism to guard against the making of subsidiary legislation that is not authorised or contemplated by the empowering enactment, has an adverse effect on existing rights or ousts or modifies the rules of fairness. Parliament has appointed the JSC to undertake an advisory role on its behalf, which includes the power to scrutinise and recommend to the Parliament the disallowance of local laws to the Parliament.

 

Any correspondence received by the JSC is confidential and privileged. Disclosure of such information may be referred to the Legislative Council Procedure and Privileges Committee for investigation and possible penalty as contempt of Parliament.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or other policies relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of an amendment to the Standing Orders will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose.

 

Long-term Financial Plan Implications

 

The adoption of the Officer’s recommendation has no long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns with Key Goal Area 6 of the City of Busselton Strategic Community Plan 2017 as follows:

 

6.1 Governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

The Amendment Local Law will not involve a significant departure from current practices and is therefore considered low risk.

 

CONSULTATION

 

Should Council resolve to commence the process of amending the Standing Orders the City is required to undertake the notice requirements under Section 3.12(3) of the Act.

 

OFFICER COMMENT

 

Undertaking to JSC

 

Clause 6.7 of the Standing Orders deals with the procedures for public question time during meetings. Sub-clause (6)(c) provides that:

 

The presiding member may decide that a question is not to be responded to where –

……..

(c)           the member of the public asks a question that is offensive or defamatory in nature or is one which, if asked by a member, would be in breach of these standing orders or any other law;

 

The undertaking to the JSC requires that clause 6.7(6)(c) be amended so that the Presiding Member can only rule that the question will not be answered where she or he has first attempted to assist the member of the public to rephrase their question. The Presiding Member need only take “reasonable steps”.  The purpose of this amendment is to ensure that members of the public have a genuine opportunity to participate in question time.

 

Minor drafting improvements (which were part of the undertaking to the JSC) have also been included in the Amendment Local Law.

 

Order of Business

 

Improvements to the Order of Business under clause 5.2 have also been identified, for the purpose of grouping together ‘non-voting’ and ‘voting’ matters.

 

It would be more consistent for “Petitions, presentations and deputations” and “Questions by members of which due notice has been given (without discussion)” to immediately follow “public question time”, so that input from the public that does not require voting by Council is dealt with together. These three ‘non-voting’ items have now been grouped together.

 

Under regulation 7(2) of the Local Government (Administration) Regulations 1996, any matter that requires a decision of Council should be dealt with after “public question time”.   The item “Applications for leave of absence” is a matter that must be voted on. Accordingly, the “Applications for leave of absence” item has been moved to after the “Confirmation of minutes” item, and these now form part of the voting matters that follow the non-voting matters.

 

Notices of Motion

 

The Standing Orders currently provide that a member must provide a notice of motion at least 10 clear days before the meeting at which the motion is moved. It is generally expected and understood that this means a notice of motion should be provided, at a minimum, on the Friday before the Agenda Briefing Session in order for it to be included on the Council Agenda, which is also typically released on that Friday. However, it is open to interpretation that a notice of motion could arguably validly be provided (within the 10 days) on the Saturday. This would create both administrative and governance issues. If accepted, the notice of motion would need to be included on the Council Agenda as a “late item”. It could also not be included in the initial public advertising for the Council meeting due to publication deadlines. It could still be included as an additional item in the follow up public advertisement, however, this would only be on the day of the Council meeting. These all serve to potentially impact upon the transparency of, and the public participation in, the potential notice of motion.

 

It is recommended that clause 5.8 (2) is amended to 12 clear days, which would make clear that a notice of motion must be provided by the Thursday prior to the release of the Council agenda on the Friday and the Agenda Briefing Session (thus allowing it to be included in the original published agenda, and advertised publicly).

 

CONCLUSION

 

It is recommended that the Council initiate the law-making process and authorise the CEO to commence advertising the Amendment Local Law.

 

OPTIONS

 

As the City has previously provided an undertaking to the JSC in relation to this matter it is not recommended to pursue other options with regard to those matters contained in the undertaking.

 

However, in relation to the other matters, the Council could choose to vary the provisions of the Amendment Local Law in any number of ways. This is, however, the form of local law recommended at this stage for the reasons stated in the report. There will be further opportunity for making changes to the Amendment Local Law following advertising and consultation, provided the changes are not significantly different from what is currently proposed. If any changes are of a significant nature the Amendment Local Law would need to be re-advertised.

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Within two weeks of the Council decision to commence the law-making process, the Amendment Local Law will be advertised for public comment. The statutory consultation period is a minimum of six weeks and following the close of the advertising period a report will be submitted to the Council for further consideration which, depending on the number and nature of submissions received, could be within three months.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1808/001         Moved Councillor K Hick, seconded Councillor G Henley

(1)                    That the Council commences the law-making process, for the City of Busselton                                           Standing Orders Amendment Local Law 2018, the purpose and effect of the local                                 law being as follows:

                                                  Purpose: To clarify requirements in relation to public question time and to                                                   make minor drafting and operational amendments.

Effect: To ensure public question time is effective and to improve the operation of the Standing Orders.

(2)          That the Council authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act, by –

(i)            giving Statewide public notice and local public notice of the Amendment Local Law; and

(ii)           giving a copy of the Amendment Local Law and public notice to the Minister for Local Government.

(3)          That the CEO, after the close of the public consultation period, submits a report to the Council on any submissions received on the Amendment Local Law to enable the Council to consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Act.

CARRIED 5/

0


Council

21

12 September 2018

12.2

Attachment a

Amendment Local Law

 


 


Council

78

12 September 2018

12.2

Attachment b

Current Standing Orders

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      84                                                         12 September 2018

12.3           Policy and Legislation Committee - 28/08/2018 - BUSSELTON & DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAMME

SUBJECT INDEX:

City Centre Facade Refurbishment Subsidy Programme

STRATEGIC OBJECTIVE:

Creative urban design that produces vibrant, mixed-use town centres and public spaces.

BUSINESS UNIT:

Statutory Planning

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Planning Officer  - Joanna  Wilkinson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

Attachment b    Application Location Plans

Attachment c    Baked Busselton Proposed Works

Attachment d   Shadowz Proposed Works  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council is asked to consider two applications received for the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme in accordance with the programme guidelines adopted. Both applications have been assessed against the objectives and assessment criteria of the programme, and are recommended for approval.

 

 

BACKGROUND

 

Council resolved on 13 March 2013 to trial a programme for the 2013/14 and 2014/15 financial years, by allocating $20,000 in the 2013/14 financial year and $50,000 in the 2014/15 financial year towards a façade refurbishment subsidy programme. On 29 January 2014 Council adopted the Busselton City Centre Façade Refurbishment Subsidy Programme and on 10 December 2014 resolved to add a portion of the Dunsborough Town Centre to the ‘eligible area.’ Prior to the 2016/17 subsidy programme rounds, Council resolved to amend the criteria to add in ‘design works’ and alfresco associated works to the eligible criteria list. The amended programme, now called the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme, is provided as Attachment A.

 

The City recently invited expressions of interest in the 2017/2018 funding round, which closed on 18 May 2018. Two complete applications have been received and are the subject of this report. The applications include one proposal located within the Busselton Town Centre and one within the Dunsborough Town Centre. Location plans of these applications are provided as Attachment B.

 

The applications to be considered are as follows:

 

1.    Baked Busselton – Lot 1 (91 - 93) Queen Street Busselton

 

The applicant proposes to refurbish the existing façade of the building at the corner of Queen and Prince Streets by repainting walls, roof, door and window frames, partially applying a new cladding surface to the fascia, and the addition of a new door.  The applicant also proposes to fix a timber bar table to the truncated corner of the building, and introduce an alfresco seating area at the corner of Prince and Queen Streets. The applicant has concurrently applied for development approval and an outdoor eating permit. Attachment C details the proposed works.

2.    Shadowz Functional Art – Lot 1 (237) Naturaliste Terrace Dunsborough

 

The applicant proposes to renew the prominent corner site of Naturaliste Terrace and Hannay Lane by replacing the shopfront doors and façade windows to each street, installing a roof parapet wall, and upgrading the existing awning. In order to create a consistent standard within the streetscape, the roof parapet wall and awning upgrades will also be carried out to the adjoining café and clothing shop. The applicant also proposes to paint a mural on the façade facing Hannay Lane. Attachment D details the proposed works.

 

STATUTORY ENVIRONMENT

 

The Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and application for subsidy funding is consistent with the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996.

 

RELEVANT PLANS AND POLICIES

 

The Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme guides assessment of applications received for subsidy funding. It provides clarification and transparency to the public on what will be considered acceptable for an application.

 

The programme specifies ‘eligible areas’ and ‘eligible works’ which will be considered for funding.

 

In determining applications, the following assessment criteria are to be taken into consideration:

 

·    Compliance with the City’s Local Planning Scheme and the Building Code of Australia;

·    Consistency with the objectives and recommendations of the Busselton City Centre Urban Design Policy;

·    The degree to which the applicant is financially contributing to the project;

·    The extent to which the project contributes to the visual improvement of the façade, and is visible from the public domain;

·    Integration of proposed works with the streetscape, adjoining buildings and degree to which the project contributes to the established character of the street; and

·    The degree to which the proposed works promote interaction with the streetscape, including the provisions of frontages which are inviting, provide points of interest for pedestrians and allow for an efficient use of space, are functional, attractive and pedestrian friendly.

 

FINANCIAL IMPLICATIONS

 

A budget of $50,000 for the subsidy programme is provided for in the City budget for the 2018/2019 financial year.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial plan implications associated with the Officer’s recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The officer’s recommendation primarily aligns with the following Key Goal Area/s and Community Objective/s of the City of Busselton’s Strategic Community Plan 2017:

 

Key Goal Area 2 - PLACE AND SPACES: Vibrant, attractive, affordable

2.3 Creative urban design that produces vibrant, mixed-use town centres and public spaces.

 

RISK ASSESSMENT

 

1.    An assessment of the potential implications of implementing the Officer’s Recommendation has been undertaken using the City’s risk assessment framework.  Risks are only identified where the induvial risk, once controls are identified, is medium or greater. No such risks have been identified.

 

CONSULTATION

 

Expressions of interest were sought for the programme from 18 April to 18 May 2018 via a letter sent to all relevant property owners, and advertising in the newspaper was conducted. City officers also conducted door knocking and consulted business owners throughout the eligible Busselton and Dunsborough localities.

 

OFFICER COMMENT

 

The following applications are to be assessed against the Busselton and Dunsborough Centres Façade

Refurbishment Subsidy Programme. All applications are within the eligible areas of the programme which the City has identified as a priority for upgrades. The programme identifies works which will be considered as eligible for funding and excludes works such as general maintenance, which should be occurring regularly without the programme as ‘ineligible’ for subsidy funding.

 

The following provides an assessment of the works and consistency with the programme guidelines.

 

1.    Baked Busselton – Lot 1 (91 - 93) Queen Street Busselton

 

The applicant has applied for a subsidy contribution for the works summarised below:

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Supply and cut cladding of fascia

$2,800

Eligible works

$2,800

Reframing of timbers for fascia

$2,350

Eligible works

$2,350

Reclad fascia (installation)

$3,200

Eligible works

$3,200

Glass double door

$2,209

Eligible works

$2,209

Installation of glass door

$6,991

Eligible works

$6,991

Alfresco furniture and umbrellas

$3,299

Eligible works

$3,299

Total Expenditure (ex GST)

$20,849

Potential subsidy contribution (50% of total expenditure (ex GST) above (after) the first $5,000)

$7,924

 

The works proposed meet the assessment criteria of the programme as they will:

·    Comply with the City of Busselton Local Planning Scheme No. 21; and

 

·    Visually improve the streetscape via increased glazing and renewed fascia; and

 

·    Enhance the physical quality of the built environment through sensitive use of spaces (alfresco dining).

The majority of the existing Prince Street frontage is bulky with a mix of brickwork and opaque windows. The addition of an extra set of transparent double doors will reduce building bulk and provide a more interactive frontage that is inviting, attractive, and pedestrian friendly.

 

It is noted that the existing customer entrance to the service area does not comply with disability access requirements in the Building Code of Australia. One of the City’s registered Building Surveyors has confirmed that there is reasonable justification to maintain the existing steps into the building, and the applicant had provided a short and long term management plan addressing disability access.

 

It is recommended that subsidy funding of up to $7,924 be provided.

 

2.    Shadowz Functional Art – Lot 1 (237) Naturaliste Terrace Dunsborough

 

The applicant has applied for a subsidy contribution for the works summarised below:

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Preliminary design work

$2,820

Eligible works

$2,820

Total Expenditure (ex GST)

$2,820

Potential subsidy contribution (up to 50% of agreed scope of works)

$1,410

 

Steelwork

$8,500

Eligible works

$8,500

Windows/Doors

$16,500

Eligible works

$16,500

Electrical/Light fittings

$3,000

Eligible works

$3,000

Carpentry

$4,500

Eligible works

$4,500

New soffit to 3 shops

$5,100

Eligible works

$5,100

Demolition, materials, labour, scaffolding, waste management, sundry charges

$20,732

Eligible works

$20,732

Materials and labour for external mural

$4,027

Eligible works

$4,027

Total Expenditure (ex GST)

$62,359

Potential subsidy contribution (50% of total expenditure (ex GST) above (after) the first $5,000)

$20,000

 

The works proposed meet the assessment criteria of the programme as they will:

 

·    Comply with the City of Busselton Local Planning Scheme No. 21; and

 

·    Visually improve the façade of a prominent corner site; and

 

·    Integrate with adjoining buildings via the roof parapet wall and upgraded awning, thereby contributing to the overall character of the streetscape; and

 

·    Promote visual interest within the streetscape for pedestrians through the creation of a mural on the wall of the Hannay Lane façade.

 

Good design responds to the context and character of a site, and provides amenity and legibility within the existing urban area.  This proposal responds to the context of the site by increasing visual interest on a prominent corner. Installation of urban art contributes to legibility by creating a recognisable intersection and landmark, and contributes to a recognisable route. Amenity will be improved through the replacement of the existing awning, thereby creating a comfortable environment for pedestrians with protection from sun and rain.

 

It is recommended that subsidy funding of up to $1,410 for preliminary design work and $20,000 for eligible works be provided.

 

CONCLUSION

 

It is considered by officers that elements of both proposals comply with criteria set out in the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme.  It is recommended that the subsidy funding of $7,924, $1,410 and $20,000, respectively, be supported.

 

OPTIONS

 

The Council could:

 

1.    Resolve to provide subsidy funding for the works associated with one application only.

2.    Resolve to not provide subsidy funding for any works.

 

If any Councillor is minded to either of the above options Officers can assist on the drafting of a suitable alternative motion.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The officer recommendation if supported will require the applicant to enter into a legal agreement with the City to complete the works and arrange for the subsidy funding to be paid prior to the end of the 2018/19 financial year.

 

OFFICER RECOMMENDATION

That the Council resolve:

1.            That the application to upgrade the façade and provide alfresco seating at Lot 1 (91 - 93)                 Queen Street Busselton is consistent with the objectives and assessment criteria of the                 Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and to                 contribute $7,924 towards the works.

2.            That the preliminary design work associated with the proposed façade upgrade at Lot 1                 (237) Naturaliste Terrace Dunsborough is consistent with the objectives and assessment                 criteria of the Busselton and Dunsborough Centres Façade Refurbishment Subsidy                 Programme and to contribute $1,410 towards the works.

3.            That the application to upgrade the façade at Lot 1 (237) Naturaliste Terrace Dunsborough                 is consistent with the objectives and assessment criteria of the Busselton and Dunsborough                 Centres Façade Refurbishment Subsidy Programme and to contribute $20,000 towards the                 works.

4.            To enter into a legal agreement with the owners of the property in the successful application                 in Resolution 1, 2 and 3 to provide for the payment of funds once the works are completed                 to the City’s satisfaction and final costs substantiated. The legal agreement shall include the                 requirements for appropriate recognition of the City’s contribution to the City’s satisfaction

 


 

 

 

COMMITTEE RECOMMENDATION

That the Council resolve:

 

1.            That the application to upgrade the façade and provide alfresco seating at Lot 1 (91 - 93)

                Queen Street Busselton is consistent with the objectives and assessment criteria of the

                Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and to

                contribute $7,924 towards the works.

 

2.            To enter into a legal agreement with the owners of the property in the successful application

                in Resolution 1 to provide for the payment of funds once the works are completed to the                 City’s satisfaction and final costs substantiated. The legal agreement shall include the                 requirements for appropriate recognition of the City’s contribution to the City’s satisfaction.

 

3.            That the application to upgrade the façade at Lot 1 (237) Naturaliste Terrace Dunsborough                 to contribute $1,410 towards the works is deferred for further consideration.

 

4.            That the application to upgrade the façade at Lot 1 (237) Naturaliste Terrace Dunsborough                 to contribute $20,000 towards the works is deferred for further consideration

 

Reason:      The Committee was in agreement that proposals for Lot 1 (237) Naturaliste Terrace Dunsborough should be deferred pending further information.


Council

90

12 September 2018

12.3

Attachment a

Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

 


 


 


 


 


 



Council

95

12 September 2018

12.3

Attachment b

Application Location Plans

 


 


 


 


Council

100

12 September 2018

12.3

Attachment c

Baked Busselton Proposed Works

 


 


 


 


 


Council

110

12 September 2018

12.3

Attachment d

Shadowz Proposed Works

 


 


 


 


 


 


 


 


 


 


Council                                                                                      114                                                      12 September 2018

12.4           Policy and Legislation Committee - 28/08/2018 - PROPOSED REPLACEMENT OF THE CURRENT ENFORCEMENT AND PROSECUTIONS POLICY WITH A PROPOSED COMPLIANCE POLICY

SUBJECT INDEX:

Legal

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Legal and Property Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Manager Legal and Property Services - Martyn Cavanagh

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Current Enforcement and Prosecutions Policy

Attachment b    Proposed Compliance Policy

Attachment c    Proposed amended Ranger and Emergency Services Approach to Regulatory Functions Policy

Attachment d   Proposed Compliance Policy - Committee Recommendation  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a revised policy in respect of the taking of compliance action for the enforcement of laws that provide for offences. 

 

The revised policy has been amended to clarify the purposes and approach to compliance action, including by reference to fundamental principles governing the operation of criminal law.  This provides a broader context to regulatory requirements for both the community and City officers.

 

Certain operational aspects have been removed from the current policy.  These are more appropriately provided for in operational Staff Management Practices and guidelines. 

 

BACKGROUND

 

Council’s current Enforcement and Prosecutions Policy (EPP) was adopted on 9 August 2017 and replaced the previous policy that had been in force since 2010.  The 2010 policy was considered to be unnecessarily detailed, with much of the detail being operational in nature.  A copy of the EPP is at Attachment A.

 

The EPP sets out a range of considerations that are relevant to the exercise of the prosecutorial function, with an emphasis on the fairness and transparency of action.  While the EPP provides some high level guidance on principles to be applied in any particular case, it does not set out the overall objective or context of the purposes that the regulatory function is intended to achieve. 

 

The EPP has been reviewed having regard to the recommendations made in the Governance Systems Review (GSR) undertaken by Mr John Woodhouse in late 2017.  Those recommendations included that a Council policy should deal with higher level objectives and strategies.

 

A proposed Compliance Policy has been prepared to replace the EPP.  A copy of the proposed Compliance Policy is at Attachment B.

 

STATUTORY ENVIRONMENT

 

The City of Busselton is a body corporate with perpetual succession, the legal capacity of a natural person and a range of statutory powers provided under both the Local Government Act 1995 (LGA) and other State Acts.

 

The general function of a local government is to provide for the ‘good government’ of persons in the district (section 3.1 of the LGA).  This includes through making and enforcing laws that prohibit certain activities and provide for offences.

 

Council is the governing body of a local government, and is responsible under section 2.7 of the LGA for the performance of the local government functions, including by determining the local government’s policies.

 

The adoption by Council of the proposed Compliance Policy would be in accordance with the Council’s responsibilities referred to above. The enforcement of regulatory prohibitions is a necessary part of providing for ‘good government’ by maintaining standards of behaviour in the community.

 

RELEVANT PLANS AND POLICIES

 

Council has adopted the Ranger and Emergency Services Approach to Regulatory Functions Policy (11 October 2017).  This policy has an express purpose being to supplement the EPP.

 

The CEO has issued operational practice guidelines “Ranger and Emergency Services – Approach to Enforcement, Reviews and Appeals, Operational Practice and Procedure”.

 

Both the Ranger and Emergency Services policy and guidelines referred to above are primarily directed at parking, traffic, dog/cat, fire management, litter and camping and related local government property management.  They would remain consistent with the proposed Compliance Policy.

 

FINANCIAL IMPLICATIONS

 

There are no negative financial implications arising from the revision of the policy.

 

Long-term Financial Plan Implications

 

Adoption of the proposed Compliance Policy will not give rise to any long term financial plan implications. 

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer’s recommendation aligns with and supports the Council’s Strategic Community Plan 2017 as follows:

 

Key Goal Area 6: Leadership and Community Objective - 6.1 – Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

The proposed Compliance Policy does not materially change the City’s position in relation to compliance action and introduces no additional risk or risks that are considered of a medium or greater level. 

CONSULTATION

 

No consultation was undertaken or considered necessary in relation to review of the EPP.

 

OFFICER COMMENT

 

The proposed Compliance Policy does not seek to materially change the City’s position in relation to how compliance action is to be carried out.  The proposed policy does seek to achieve two clarifications, in furtherance of the GSR recommendations referred to under ‘Background’ above.

 

The first clarification is to include a clear statement of the purposes that compliance action is to be directed at.  These purposes derive from the essence of governing a community, which is to combine an appropriate level of order with freedom.  This objective naturally gives rise to both a civic duty on citizens to voluntarily support and uphold the laws that are in force, and a regulatory duty on the local government as the body having the power to take action to enforce laws by bringing non-conforming citizens to account. Voluntary compliance by citizens will be supported where there is a high level of public confidence in the City’s performance of its regulatory functions. The City can foster this public confidence by both promoting a high level of voluntary compliance, principally through education and leadership, and by effectively enforcing laws to protect the community and deter others from offending in appropriate cases. 

 

The second clarification is to provide a more systematic approach to the consideration of public interest factors.  ‘Public interest’ in this sense is about the weighing up of a range of competing potential considerations in each case and on merits.  There is no formulaic approach to this.  Rather, it is properly exercised from a position of informed understanding of the purpose of the regulatory requirement in each case, the function of the local government generally and the fundamental principles of criminal law relating to the ‘presumption of innocence’ and the burden of proof of ‘beyond reasonable doubt’. 

 

An appropriate guide for how to apply the principles is set out in the Director of Public Prosecutions publication ‘Statement of Prosecution Policy and Guidelines 2005’. The Statement identifies a range of considerations that may be relevant to consider in any case.  It also identifies matters that are not relevant, such as race, religious beliefs of the alleged offender and the possible political consequences of the exercise of the discretion.

 

The proposed Compliance Policy includes an express requirement on City officers to have regard to this Statement in exercising the City’s regulatory functions.

 

The proposed Compliance Policy continues to provide for the consideration of alternative enforcement options, such as issuing infringement notices.  It also continues to provide for Council to be informed of prosecution action being commenced, and extends this to informing Council in any exceptional case where prosecution action is withdrawn.

 

In relation to providing information to Council, it is intended that confidential emails would be used to notify Councillors when a decision has been made to initiate prosecution action as well as when prosecution action is actually commenced, briefly setting out the nature of the matter and the party to be prosecuted.  Councillors would also be advised to direct any enquiries they receive to the Legal Services staff at the City for attention.

 

As the Ranger and Emergency Services Approach to Regulatory Functions Policy refers to the EPP , if Council adopts the proposed Compliance Policy then Council should also adopt an amendment to the Ranger and Emergency Services Approach to Regulatory Functions Policy by deleting the reference to “Prosecutions Policy” and substituting “Compliance Policy”.  An amended version of the Ranger and Emergency Services Policy is at Attachment C, noting at this stage the policy has not been otherwise reviewed to meet the recommendations of the GSR (including not having been transferred to the new Council Policy format).  It is intended that a further review to this end will be undertaken in the coming months.      

 

With respect to the implementation and application of the proposed policy, resourcing considerations need to be understood.  Depending upon factors such as the nature of the evidence and the attitude of an alleged offender, compliance action can consume valuable City resources.  The level of resources that is available will constrain the level to which prosecution action will be taken.  The types of matters where prosecution action can be required include –

 

(a)          High risk matters, which may involve planning, building and health issues of significance;

(b)          Risk management matters, such as environmental and animal danger issues;

(c)           Standard business such as parking, caravans and camping issues; and

(d)          Reactive or incidental matters which are identified opportunistically rather than as a result of  programmed approach.

 

The CEO will allocate resources as considered appropriate from and time to time, having regard to the nature and number of matters requiring investigation and action.

 

CONCLUSION

 

It is recommended that Council adopt the proposed Compliance Policy at Attachment B to replace the existing EPP and adopt the minor amendment to the Ranger and Emergency Services Approach to Regulatory Functions Policy so as to maintain proper referencing between the policies.

 

OPTIONS

 

The Council may not agree with the proposed Compliance Policy and may seek that the EPP remain in operation in its current format or for alternative changes to be made to it.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The EPP will be withdrawn, and the proposed Compliance Policy will be effective, as of the making of the decisions to withdraw and adopt or amend by Council.

 

OFFICER RECOMMENDATION

That the Council:

1.            withdraws the “015 Enforcement and Prosecutions” Policy as per Attachment A.

2.            adopts the Compliance Policy as indicated within Attachment B.

3.            adopts an amendment to the Council’s Policy ‘016 Ranger and Emergency Services Approach                 to Regulatory Functions’, by deleting the reference to “Prosecutions Policy” and substituting                 “Compliance Policy” as indicated in Attachment C

 

 

COMMITTEE RECOMMENDATION

That the Council:

1.            withdraws the “015 Enforcement and Prosecutions” Policy as per Attachment A.

2.            adopts the Compliance Policy as indicated within Attachment D, which includes Policy and

                Legislation Committee amendments shown as track changes.

3.            adopts an amendment to the Council’s Policy ‘016 Ranger and Emergency Services Approach

                to Regulatory Functions’, by deleting the reference to “Prosecutions Policy” and substituting

                “Compliance Policy” as indicated in Attachment C.

 

Reason:                      The Committee was in in agreement that amendments to the policy, specifically to point 5.4 of the policy presented to the committee would make the policy more readable.

 


Council

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12 September 2018

12.4

Attachment a

Current Enforcement and Prosecutions Policy

 


 


 


 


Council

121

12 September 2018

12.4

Attachment b

Proposed Compliance Policy

 


 


 


Council

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12 September 2018

12.4

Attachment c

Proposed amended Ranger and Emergency Services Approach to Regulatory Functions Policy

 


 


 


 


 


Council

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12 September 2018

12.4

Attachment d

Proposed Compliance Policy - Committee Recommendation

 


 


 


Council                                                                                      132                                                      12 September 2018

12.5           Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY - CITY PROMOTION - GOVERNMENT PARTNERSHIPS

SUBJECT INDEX:

Policies

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy - City Promotion - Government Partnerships

Attachment b    Current Policy - City Promotion - Federal Government Partnerships  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a revised ‘City Promotion – Federal Government Partnerships’ policy retitled City Promotion – Government Partnerships (Attachment A) (the Policy) for Council approval.  The current policy has been amended as part of the City’s overall review of its Council policies having regard to the recommendations of the Governance System Review carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and slightly broadened in terms of its intent, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

BACKGROUND

 

The Policy was originally adopted in December 2010 with the aim of identifying and supporting the strategic importance of building partnerships with State and Federal Governments, in order to maximise Government funding opportunities and deliver benefit to the City.   While referencing both State and Federal Government, the policy was developed specifically with a focus on building Federal Government relationships and authorises for a delegation from the City of Busselton to visit Canberra annually or as the need arises. 

 

The policy has been reviewed once, in April 2015, where minor changes were made to update “Shire” to “City” and “Shire President” to “Mayor”.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 (the Act) it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of the Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Systems Review. Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

 

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The Policy adheres to this framework and template.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications. 

 

Long-term Financial Plan Implications

 

Adoption of the Policy has no additional long term financial plan implications. 

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 6 – Leadership, of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

 

a.            6.1: Governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy.

 

OFFICER COMMENT

 

The Policy continues to support the strategic importance of Council establishing partnerships with both Federal and State Governments for the purposes of maximising government funding opportunities which deliver benefit to the City of Busselton. 

 

The Policy outlines a range of mechanisms for raising the profile of the City of Busselton’s projects and development opportunities at both State and Federal Government levels, and hence the policy has been retitled to refer to Government partnerships collectively. 

 

The Policy continues to authorise an annual visit to Canberra, or to other appropriate intra or interstate locations, by a City of Busselton delegation for this purpose, or for such a visit to be undertaken at short notice if an opportunity presents.  The additional reference to another ‘appropriate intra or interstate location’ is to cater for a possible opportunity presenting itself outside of Canberra, for instance at an event held in another location and attended by a relevant Federal Member. 

 

The sending of a delegation to Canberra (or other location) is considered to present a very valuable opportunity and hence remains a key focus of the Policy.  While the process of applying for grant funding is usually undertaken by written submission, the value of promoting projects and development opportunities directly with Government decision-makers cannot be underestimated.  Promoting and presenting project portfolio’s in person may serve to keep the projects being undertaken by the City at the forefront when significant grant funding opportunities are made available.

 

Finally paragraph 5.6 of the Policy has been amended to reflect that the delegation will be funded utilising funds established specifically for the purpose as opposed to the Councillors Conference and Training fund.

 

CONCLUSION

 

The Policy updates the current City Promotion – Federal Government Partnerships policy and in doing so recognises the importance of and maintains support for raising the profile of the City of Busselton at both Federal and State levels.

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to promotion of the City with other levels of government.  Council could also require further amendments to be to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the proposed City Promotion – Government Partnerships policy as per Attachment A, to replace the current policy (Attachment B)

 

 

OFFICER RECOMMENDATION

 

That the Council adopts the proposed City Promotion – Government Partnerships policy as per

Attachment A, with an amendment to 5.2 to include “Members, Departments and key personnel” and a new point 5.3 “that the City invest in joint lobbying through being members of associations such as Western Australian Local Government Association, Regional Capitals Alliance Western Australia and Capes Region Organisation of Councils” (with remaining points to be renumbered) to replace the current policy (Attachment B).

 

Reason:      The committee was in agreement that the Policy should not be limited to Minister visits only.


Council

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12 September 2018

12.5

Attachment a

Proposed Policy - City Promotion - Government Partnerships

 


 


Council

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12 September 2018

12.5

Attachment b

Current Policy - City Promotion - Federal Government Partnerships

 


 


Council                                                                                      139                                                      12 September 2018

12.6           Policy and Legislation Committee - 28/08/2018 - REVIEW OF COUNCIL POLICY - RAILS TO TRAILS

SUBJECT INDEX:

Policies

STRATEGIC OBJECTIVE:

Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy - Rails to Trails

Attachment b    Current Policy - Rails to Trails  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 August 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a revised ‘Rails to Trails’ policy (Attachment A) (the Policy) for Council approval, with the current policy having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

 

BACKGROUND

 

‘Rails to Trail’s refers to land that formerly formed part of the government railway network in the district being part of the lines:

·    Boyanup to Busselton

·    Busselton to Flinders Bay

·    Wonnerup to Nannup

 

A policy in relation to the preservation, management and development of Rails to Trails was originally adopted in August 2009, with the aim of establishing the Council’s commitment to the Rails to Trails as a strategic transport corridor, for recreation and for its heritage and environmental values.  Since then the Rails to Trails policy has been reviewed twice, most recently in April 2016, with only very minor changes made such as updating Shire to City.

 

Support for the ongoing retention, promotion and development of the Rails to Trails continues to be demonstrated in the City’s long term financial planning, with the Long Term Financial Plan containing municipal funds of $51,500 per annum compounding by CPI on an annual basis.  Most recently the trail has been constructed up to Cockrill Place (Vasse) from the Busselton Foreshore. In addition there has been significant progress towards the planning of the Marybrook Rail head.  Retention of a ‘Rails to Trails’ policy is therefore recommended.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Systems Review.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The proposed revised policy adheres to this framework and template.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications.  There is approximately $248,000 on budget in the 2018/19 financial year (including Grant Funds from Lottery West).  These funds are to continue the progress of the trail towards the Marybrook Rail Head.

 

Long-term Financial Plan Implications

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 3 – Environment, Key Goal Area 4 – Economy, and Key Goal Area 5 – Transport, of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

a.   3.2: Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations;

b.  4.3: Events and unique tourism experiences that attract visitors and investment; and

c.   5.3: Cycleways that connect our communities and provide alternative transport choices.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation with the Policy simply reiterating and maintaining Council’s current support for the preservation, management and, where possible, ongoing development of the Rails to Trails.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy however the City regularly liaises with the Shire of Augusta-Margaret River in relation to the project.

 

OFFICER COMMENT

 

The purpose of the Policy is to recognise the significance of the Rails to Trails and to outline Council’s commitment to the retention and management of the land as a strategic transport corridor, for recreation and for its heritage and environmental values. 

 

The Policy sets out Council’s position in relation to management and development of the land, including that the land be retained as Crown land and managed (by the City where capable) for the primary purpose of ‘recreation trail’, be promoted, developed and managed as a walk-cycle recreation trail suitable for hiking and for riding of bicycles designed for trails, and be designed to retain its heritage characteristics and character while also being made suitable for expected traffic and usage. 

 

The Policy also recognises the need to integrate with other recreational heritage trails within the district and the broader region and to work cooperatively with neighbouring local governments, landowners and government agencies. The Policy does not however commit the Council to any specific development plans for the Rails to Trails, and hence such planning will continue to be considered through and within financial and operational planning parameters.

 

CONCLUSION

 

The Policy updates the current Rails to Trails policy and in doing so maintains the City’s support for its preservation and management as a recreational trail. 

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to Rails to Trails.  Council could also require further amendments to be to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1808/001         Moved Councillor K Hick, seconded Councillor L Miles

That the Council adopts the revised Rails to Trails policy as per Attachment A, to replace the current policy (Attachment B).

CARRIED 5/

0


Council

141

12 September 2018

12.6

Attachment a

Proposed Policy - Rails to Trails

 


 


Council

143

12 September 2018

12.6

Attachment b

Current Policy - Rails to Trails

 


 

 


Council                                                                                      144                                                      12 September 2018

13.             Planning and Development Services Report

Nil


Council                                                                                      149                                                      12 September 2018

14.             Engineering and Work Services Report

14.1           Award of Tender RFT12/18 Construction of the Busselton Tennis Club

SUBJECT INDEX:

Award of Tender RFT12/18 Construction of the Busselton Tennis Club

STRATEGIC OBJECTIVE:

A community with access to a range of cultural and art, social and recreational facilities and experiences.

BUSINESS UNIT:

Major Projects and Facilities

ACTIVITY UNIT:

 

REPORTING OFFICER:

Manager Major Projects and Facilities - Meg  Delahoy

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Confidential Tender Evaluation and Recommendation Report - RFT12/18 Construction of the Busselton Tennis Club  

  

Attachment A is confidential under Section 5.23 - 2(c) of the Local Government Act 1995 in that it deals with "a contract entered into or which may be entered into, by the local government".

Copies have been provided to Councillors, the Chief Executive Officer and Directors Only.

 

PRÉCIS

 

The Council is requested to consider the tenders received in response to Request for Tender RFT12/18 Construction of the Busselton Tennis Clubhouse (the Tender). The Tender has now closed and tender submissions have been received and evaluated. This report summarises the submissions received and recommends that Council endorse the outcome of the evaluation panel’s assessment, and delegate authority to the CEO to negotiate and agree final terms and conditions with and to award a contract for a finalised lump sum price to I.C. Developments Pty Ltd T/A Innovest Construction for the Construction of the Busselton Tennis Clubhouse.

 

 

BACKGROUND

 

The City of Busselton's 2018/19 Capital Works Program includes provision for the relocation of the Busselton Tennis Club to a new facility that will be located at Lot 507, Part Reserve 8485 Busselton (Barnard Park). The project forms part of the Busselton Tennis Club Relocation project.

 

The City and Busselton Tennis Club (BTC) are working collaboratively to establish the new tennis facility. The City will be the owner of the assets created as part of this project. The BTC have entered into a lease agreement for the use of the facilities.

 

This project is funded through a combination of a loan to the City of Busselton as well as grant funding from Tennis Australia.

 

STATUTORY ENVIRONMENT

 

In terms of Section 3.57 of the Local Government Act 1995 (Act) a local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and service. Part 4 of the Local Government (Functions and General) Regulations 1996:

 

·    requires that tenders be publicly invited for such contracts where the estimated cost of providing the required goods and/or service exceeds $150,000; and

·    under Regulations 11, 14, 18, 20 and 21A provides the statutory framework for inviting and assessing tenders and awarding contracts pursuant to this process.

With regard to the Tender City officers have complied with abovementioned legislative requirements.

 

RELEVANT PLANS AND POLICIES

 

The City’s Busselton Foreshore Master Plan includes the Busselton Tennis Club relocation project as part of the Busselton foreshore development.

 

The City's purchasing policies and its occupational health and safety and engineering technical standards and specifications were all relevant to the Tender, and have been adhered to in the process of requesting and evaluating tenders.

 

FINANCIAL IMPLICATIONS

 

Funding for these works within the City’s 2018-2019 budget is from a combination of funds including loan borrowings and grant funding from Tennis Australia.

 

The total budget for the delivery of the works including the Tender is $2,140,000 excluding GST.  The elemental breakdown of this budget is as follows

 

Budget for the Construction of Busselton Tennis Clubhouse

Construction of the new Clubhouse                                                                    $1,860,000

Services and associated civil works for new Clubhouse                                    $   280,000

                                                                                                                                Total      $2,140,000

 

Note that there are a number of items outside of the Tender lump sum price, such as the provision of services and associated civil works and architectural fees,  which are included as part of the above total budget allocation, to be delivered by the City.

 

Based on the delivery of the full scope of works in the Tender, the preferred tender contract value is $1,674,598.23 (ex GST) which is below the allocated budget.

 

As part of the Tender process, tenderers were requested to provide itemised costs for a number of minor optional items. Through the recommended delegation to the CEO to negotiate the final contract terms, it is proposed that these items be agreed, subject to awarding a contract for a lump sum price not exceeding the budget.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

The costs associated with this project have been included in the City’s Long Term Financial Plan and therefore the Officer’s recommendation does not give rise to any long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The officer’s recommendation primarily aligns with the following Key Goal Area/s and Community Objective/s of the City of Busselton’s Strategic Community Plan 2017:

 

Key Goal Area 1 - COMMUNITY: Welcoming, friendly, healthy

1.3 A community with access to a range of cultural and art, social and recreational facilities and experiences.

 

Key Goal Area 6 - LEADERSHIP: Visionary, collaborative, accountable

6.4 Assets are well maintained and responsibly managed.

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer's recommendation has been

undertaken using the City's risk assessment framework, with the intention being to identify risks which, following implementation of controls, are identified as medium or greater.  There are no such risks identified, with the preferred tender assessed as being capable of delivery the project on time.

 

CONSULTATION

 

1.       The Tender was advertised in the West Australian newspaper and the City of Busselton tenders website (Tenderlink) on Saturday 14th July 2018. The closing time and date for lodgement of a response was 2:00 p.m. Tuesday 7th August 2018.

 

The project forms part of the Busselton Foreshore Masterplan, with public consultation undertaken during the development of this plan.  The project will be sign posted in the location of the new proposed facility indicating timeline and scope.

 

Key stakeholders such as the owners of the BTC have been regularly consulted and are being kept informed.

 

Reference checking of the preferred Tenderer has been undertaken.

 

OFFICER COMMENT

 

The City received a total of seven (7) submissions from:

 

Big Ben Builders Pty Ltd

Civilcon Construction Pty Ltd

I.C. Developments Pty Ltd T/A Innovest Construction

Naturalise Balustrades

NJ Goode ATF The Nick Goode Family Trust T/A Nick Goode Construction

Pindan Constructions Pty Ltd

Hacer PTY LTD T/A Smith Constructions WA

 

 

Note- Naturaliste Balustrades was not a compliant tender and was not evaluated.

 

The tender assessment was carried out by a tender evaluation panel in accordance with normal practice.

 

Tenders were evaluated using the tendered prices and information provided by tenderers in response to the qualitative criteria specified in the Tender.  A scoring and weighting system was used to assess the tendered prices and the responses against the qualitative criteria.

 

The following weightings were applied to the qualitative criteria and to price:

 

·    Relevant Experience 20%

·    Key Personnel Skills and Experience 10%

·    Tenderer's Resources 10%

·    Demonstrated Understanding 20%

·    Price 40%

 

The extent to which a tender demonstrated greater satisfaction of each of the qualitative criteria resulted in a greater score. The tendered prices were then assessed together with the weighted qualitative criteria and the tenders scored and ranked to determine the most advantageous outcome to the City, based on principles of best value for money.  That is, although price will be a consideration, the tender containing the lowest price will not necessarily be accepted, nor will the tender ranked the highest on the qualitative criteria.

 

The tender evaluation resulted in the tender from I.C. Developments Pty Ltd T/A Innovest Construction (Innovest) being ranked first overall and therefore considered to be the most advantageous to the City.

 

The attached confidential Tender Evaluation and Recommendation Report (Attachment A) provides the detailed evaluation outcome. It should be noted that the difference in overall scoring between the first and second placed contractor scores is minimal.  The first placed contractor (Innovest) is more expensive than the second placed contractor. Assessment of the qualitative criteria however places Innovest in the highest position. Innovest are a locally based company who have worked with the City for many years and have completed similar projects to the BTS for the City in recent years (including construction of the Barnard Park pavilion), all done to a high standard of quality and finish.

 

CONCLUSION

 

The tender evaluation panel has completed their assessment of the Tender in line with the City's tender process and Officers now recommend that Council endorse the outcome of the evaluation panel’s assessment and delegate authority to the CEO to negotiate and agree final terms and conditions with and to award a contract for a finalised lump sum price to I.C. Developments Pty Ltd T/A Innovest Construction for the Construction of the Busselton Tennis Clubhouse.

 

OPTIONS

 

The Council may consider the following alternate options:

 

1.    To award the Tender to an alternative tenderer. In the view of the Officers this could result in the Tender being awarded to a tenderer that is not most advantageous to the City.

 

2.    To 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 delivery of the Busselton Tennis Club relocation project.

 

For the reasons provided in this report abovementioned options are not recommended

 

If any Councillor is minded to either of the above options Officers can assist on the drafting of a suitable alternative motion.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The selection of the preferred tenderer can be made immediately after the Council has endorsed the Officer's recommendation. Subject to negotiation and agreement on scope and budget the successful

tenderer will then receive formal written notification. All tender applicants not selected as preferred will also be notified at this time.

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.      Endorse the outcomes of the evaluation panel’s assessment in relation to Tender RFT12/18 Construction of the Busselton Tennis Clubhouse, which has resulted in the tender submitted by I.C. Developments Pty Ltd T/A Innovest Construction being recommended as the most advantageous to the City.

 

2.      Delegate authority to the CEO to negotiate and agree final terms and conditions with and to award a contract for a finalised lump sum price to I.C. Developments Pty Ltd T/A Innovest Construction for the Construction of the Busselton Tennis Clubhouse in accordance with the terms and conditions contained within RFT12/18.

 

3.      For purposes of:

 

a.    finalising negotiations and awarding a contract pursuant to resolution 2 above; and

 

b.    execution of the contract and successful delivery of the project,

 

delegate authority to the CEO to negotiate and agree on variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget.

 

  


Council                                                                                      150                                                      12 September 2018

15.             Community and Commercial Services Report

Nil

16.             Finance and Corporate Services Report

Nil


Council                                                                                      152                                                      12 September 2018

17.             Chief Executive Officers Report

17.1           Councillors' Information Bulletin

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Administration Officer - Governance - Kate Dudley

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Planning Applications received by the City between 1 August, 2018 and 15 August, 2018

Attachment b    Planning Applications determined by the City between 1 August, 2018 and 15 August, 2018

Attachment c    State Administrative Tribunal Appeals

Attachment d   Main Roads - Letter  

  

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

17.1.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 1 August, 2018 and 15 August, 2018. A total of 45 formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 August, 2018 and 15 August, 2018. A total of 35 applications (including subdivision referrals) were determined by the City during this period with 34 approved / supported and 1 refused / not supported.

17.1.2    State Administrative Tribunal Appeals

 

Attachment C is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 23 August, 2018.

17.1.3    Main Roads Letter

 

Attachment D is a letter received from Main Roads regarding Caves Road in Marybrook. The Director of Engineering and Works Services will provide a briefing to Council on the matter.

 

OFFICER RECOMMENDATION

 

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

·    17.1.1              Planning & Development Services Statistics

·    17.1.2              State Administrative Tribunal Appeals

·    17.1.3              Main Roads Letter

 

 

 


Council

158

12 September 2018

17.1

Attachment a

Planning Applications received by the City between 1 August, 2018 and 15 August, 2018

 


 


 


 


 


 


Council

163

12 September 2018

17.1

Attachment b

Planning Applications determined by the City between 1 August, 2018 and 15 August, 2018

 


 


 


 


 


Council

165

12 September 2018

17.1

Attachment c

State Administrative Tribunal Appeals

 


 


Council

185

12 September 2018

17.1

Attachment d

Main Roads - Letter

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      186                                                      12 September 2018

18.             Motions of which Previous Notice has been Given

Nil  

19.             urgent business

20.             Confidential Matters

NilNil 

21.             Closure