Council 3 10
October 2018
MINUTES
MINUTES
OF A Meeting of the
Busselton City Council
HELD IN Council Chambers,
Administration Building, Southern Drive, Busselton, ON 10 October 2018
AT 5.30pm.
1. Declaration
of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors /
DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS
The Presiding Member opened the meeting at 5.30pm.
2. Attendance
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Presiding Member:
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Members:
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Cr Grant Henley Mayor
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Cr John McCallum
Deputy Mayor
Cr Ross Paine
Cr Rob Bennett
Cr Paul Carter
Cr Robert Reekie
Cr Kelly Hick
Cr Lyndon Miles
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Officers:
Mr Mike Archer, Chief
Executive Officer
Mr Oliver Darby, Director,
Engineering and Works Services
Mr Paul Needham, Director,
Planning and Development Services
Mr Cliff Frewing, Acting
Director, Community and Commercial Services
Mr Tony Nottle, Director,
Finance and Corporate Services
Ms Sarah Pierson, Manager,
Governance and Corporate Services
Mrs Emma Heys,
Coordinator, Governance Services
Miss Kate Dudley, Administration
Officer, Governance Services
Apologies:
Nil
Approved Leave of Absence:
Cr Coralie
Tarbotton
Media:
“Busselton-Dunsborough Times”
“Busselton-Dunsborough Mail”
Public:
1
3. Prayer
The prayer was delivered by Pastor Nathan Seinemeier of
Cornerstone Church.
4. Application
for Leave of Absence
4.1 Leave
of Absence Request
Councillor Ross Paine has submitted a request for a Leave
of Absence for the Ordinary Council Meeting being held on Wednesday 14 November
2018.
5. Disclosure
Of Interests
Nil
6. Announcements
Without Discussion
Announcements by the Presiding
Member
Nil
7. Question
Time For Public
Response to Previous Questions
Taken on Notice
Nil
Question Time for Public
Nil
8. Confirmation
and Receipt Of Minutes
Previous
Council Meetings
8.1 Minutes
of the Council Meeting held 26 September 2018
Committee
Meetings
8.2 Minutes
of the Finance Committee Meeting held 20 September 2018
8.3 Minutes
of the Policy and Legislation Committee meeting held 25 September 2018
9. RECEIVING
OF Petitions, Presentations AND DEPUTATIONS
Petitions
Nil
Presentations
Nil
Deputations
Nil
10. QUESTIONS
BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)
Nil
11. Items
brought forward
For
the convenience of the Public
Nil
Adoption
by Exception Resolution
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, i.e. all together.
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COUNCIL DECISION/COMMITTEE
RECOMMENDATION AND OFFICER RECOMMENDATION
C1810/200 Moved Councillor J McCallum, seconded Councillor R
Bennett
That the Committee
and Officer Recommendations in relation to the following agenda items be
carried en bloc:
12.2 Policy
and Legislation Committee - 25/09/2018 - ADOPTION OF REGIONAL PRICE
PREFERENCE POLICY
12.3 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY 030 -
ENVIRONMENT POLICY
12.4 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY 233 -
OCCUPATIONAL HEALTH AND SAFETY
15.1 Naming
of Reserve 52464 - Pitts Park
17.1 Councillors'
Information Bulletin
CARRIED 8/0
En Bloc
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12. Reports
of Committee
12.2 Policy
and Legislation Committee - 25/09/2018 - ADOPTION OF REGIONAL PRICE PREFERENCE
POLICY
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SUBJECT INDEX:
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Procurement
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STRATEGIC OBJECTIVE:
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Governance
systems, process and practices are responsible, ethical and transparent.
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BUSINESS UNIT:
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Corporate Services
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ACTIVITY UNIT:
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Legal Services
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REPORTING OFFICER:
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Contract & Tendering Officer -
Lisa McDonald
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AUTHORISING OFFICER:
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Director Finance and Corporate
Services - Tony Nottle
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VOTING REQUIREMENT:
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Simple Majority
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ATTACHMENTS:
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Attachment a Proposed
Regional Price Preference Policy 
Attachment b Existing
Policy - 049 Regional Price Preference Policy
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This item was
considered by the Policy and Legislation Committee at its meeting on 25
September 2018, the recommendations from which have been included in this
report.
PRÉCIS
This report advises Council in
respect of submissions received in relation to the City’s proposed
Regional Price Preference Policy (Attachment A) and recommends that Council
adopts the New RPP Policy.
BACKGROUND
Following a review of the
City’s existing Regional Price Preference Policy which resulted in
preparation of the New RPP Policy, Council resolved on 25 July 2018 to proceed
with the process for adopting of the New RPP Policy by giving Statewide public
notice of its intention to have a new regional price preference policy and
inviting submissions commenting on the proposed policy.
The New RPP Policy was advertised in
accordance with regulation 24E of the Local Government (Functions and
General) Regulations 1996 (Regulations) on 28 July 2018 and the
closing date for submissions was 28 August 2018. Two submissions have been
received and neither of them contained any adverse comments in relation to the
New RPP Policy. Further detail in relation to these submissions is provided
under the CONSULTATION section of this report.
STATUTORY
ENVIRONMENT
In accordance with section 2.7(2)(b)
of the Local Government Act 1995 (the Act) it is the role of Council to
determine the Local Government’s policies. The Council does this on
the recommendation of a Committee it has established in accordance with s 5.8
of the Act.
Part 4A – Regional Price
Preference of the Regulations enables a Local Government to give a regional
price preference in connection with assessing tenders, where it has a regional
price preference policy made in accordance with the Regulations. The process
for adopting a regional price preference policy and the matters to be governed
under the policy are also prescribed in Part 4A of the Regulations.
RELEVANT
PLANS AND POLICIES
Once adopted the New RPP Policy will
replace the City’s existing Regional Price Preference Policy and will
form an element of the City’s procurement framework, applying under the
Regulations in conjunction with the operation of the Council’s Purchasing
Policy.
The New RPP Policy is also
considered to be consistent with the following objectives of the City’s
Purchasing Policy:
Most Advantageous Outcome
5.7 The
most advantageous outcome of a purchasing process is to be determined by
weighing up the considerations of price, risk and relevant qualitative factors.
5.8 Accordingly
purchasing decisions should take into account factors other than price.
FINANCIAL
IMPLICATIONS
Adoption of the New RPP Policy could
potentially result in tenderers submitting the lowest prices not necessarily
being selected as being the preferred supplier. However the Regulations and the
City’s Purchasing Policy seek to achieve the most advantageous outcome
for the City for procurement of goods and services (which may not necessarily
be the lowest price outcome).
Other than that and the relative
nominal costs associated with advertising and inviting public submissions,
adoption of the New RPP Policy should not have any further financial
implications.
LONG-TERM
FINANCIAL PLAN IMPLICATIONS
Adoption of the New RPP Policy will
not impact on the City’s long term financial plan.
STRATEGIC
COMMUNITY OBJECTIVES
The Officer’s recommendation
aligns with and supports the Council’s Strategic Community Plan 2017 as
follows:
Key Goal Area 4: Economy - 4.2
– A community where local business is supported and in turn drives our
economy.
Key Goal Area 6: Leadership - 6.1
– Governance systems, process and practices are responsible, ethical and
transparent.
RISK
ASSESSMENT
There are no new risks associated
with the Officer Recommendation identified as being of a medium or higher
level.
CONSULTATION
The New RPP Policy was advertised
for public comment in accordance with the relevant statutory requirements and
two submissions were received. Both submissions dealt with a number of
procurement strategies, the majority of which were not relevant to the New RPP
Policy. The only public comments relevant to the New RPP Policy can be
summarised as follows:
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Submission
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Comments/Additional
Information
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A concern
was raised that non-local large business can have a display home or shed
based in the Busselton boundary and therefore become eligible as a local.
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The New
RPP Policy adequately addresses this concern. The policy stipulates that
tenderers will only qualify for a regional price preference “where
the management or delivery of the majority of the tendered goods and services
will be carried out from the Local Supplier’s premises will the price
preference apply.
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The
City of Busselton should make representations to the State Government to
consider increasing the thresholds to match the State Government Buy Local
policy.
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The
Local Government Act and Regulations are currently Statewide under review.
The City participates in this review and intends to make submissions in
respect of the review of the Regulations.
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OFFICER
COMMENT
The New RPP Policy seeks to support
local business to the maximum extent allowed under the Regulations. Neither of
the submissions received sought any adverse change to the draft Policy. No
amendment to the draft New RPP Policy is therefore recommended.
It should be noted that one of the
submissions was received from the Busselton Chamber of Commerce and Industry
(BCCI). That submission included detailed comments relating to other
procurement strategies and made suggestions relating to the City’s
procurement processes in connection with engaging local
business/services. Following receipt of the submission City officers met
with representatives of BCCI to discuss potential strategies around
facilitating the engagement of local suppliers. It is intended that these
discussions will continue as an open dialogue.
CONCLUSION
Following review by the City and
consultation with the community in respect of the New RPP Policy it is considered
that the policy will achieve the City’s objectives in relation to
extension of a regional price preference to local tenderers, to the extent
permissible under the Regulations.
OPTIONS
The Council may wish to retain the
City’s Regional Price preference Policy or change the wording of the New
RPP Policy. However for the reasons outlined in this report and the Council
report of 25 July 2018, these options are not recommended.
TIMELINE
FOR IMPLEMENTATION OF OFFICER RECOMMENDATION
If Council resolves to adopt the New
RPP Policy, it can only be applied after Statewide public notice of adoption of
the policy has to be given. Therefore the City should be in a position to apply
the New RPP Policy within a month from adoption of the policy.
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COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER
RECOMMENDATION
C1810/201 Moved Councillor J McCallum, seconded Councillor R
Bennett
That following consideration of the submissions received following
advertising in accordance with Regulation 24E of the Local Government
(Functions and General) Regulations 1996, the Council adopts the proposed
Regional Price Preference policy as indicated at Attachment A.
CARRIED 8/0
En Bloc
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12.3 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY 030 -
ENVIRONMENT POLICY
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SUBJECT INDEX:
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Environmental
Management
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STRATEGIC OBJECTIVE:
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Natural areas and
habitats are cared for and enhanced for the enjoyment of current and future
generations.
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BUSINESS UNIT:
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Environmental Services
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ACTIVITY UNIT:
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Environmental
Management
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REPORTING OFFICER:
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Environmental Management
Coordinator - Greg Simpson
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AUTHORISING OFFICER:
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Director, Planning and Development
Services - Paul Needham
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VOTING REQUIREMENT:
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Simple Majority
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ATTACHMENTS:
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Attachment a Proposed Environment
Policy 
Attachment b Current
Environment Policy
Attachment c Proposed
Environment Policy - Committee Tracked Changes
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This item was
considered by the Policy and Legislation Committee at its meeting on 25
September 2018, the recommendations from which have been included in this
report.
PRÉCIS
This report presents a revised
Environment Policy (Attachment A) (the Policy) for Council approval, with the
current policy having been revised 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
A policy in relation to the
City’s commitment to and protection of the environment was originally
adopted in 2004 as part of an environment strategy prepared at that time.
Since then the policy has been reviewed twice, most recently in 2016, as part
of the overall revision of the environment strategy. Both reviews
resulted in only minor changes, with the overall strategic direction remaining
the same.
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.
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 of the City’s Strategic Community Plan
2017 and specifically the following
Community Objective/s:
a. 3.1: Development is managed
sustainably and our environment valued;
b. 3.2:
Natural areas and habitats are cared for and enhanced for the enjoyment of
current and future generations; and
c. 3.3:
The health and attractiveness of our waterways and wetlands is improved to
enhance community amenity
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 protection and enhancement of environmental values.
CONSULTATION
No
specific consultation was undertaken in relation to the review of the Policy,
noting that extensive consultation was undertaken in 2016 in relation to review
of the environment strategy which the Policy guides.
OFFICER
COMMENT
The purpose of the Policy is to outline
Council’s commitment towards continuous improvement in environmental
management practices and the long-term protection of environmental values
within the District.
The Policy
is aimed at ensuring
· the proactive management of City land to protect and
enhance environmental values,
· the
establishment and maintenance of effective partnerships with the community and
other stakeholders, and
· that
decision making by the City gives due regard to environmental values alongside
economic and social considerations.
The Policy overall has been streamlined to ensure that the
strategic aims and objectives are clear and that the strategic documents by
which the City will drive achievement of the objectives are identified.
The Policy removes reference to principles and concepts
such as the precautionary principle. The precautionary principle is
outlined as a key principle in the Environmental Protection Act 1986 as
being:
“where there are threats of serious or irreversible
damage, lack of full scientific certainty should not be used as a reason for
postponing measures to prevent environmental degradation. In application
of the precautionary principle decisions should be guided by –
a) careful evaluation to avoid, where practicable, serious or
irreversible damage to the environment; and
b) an assessment of the risk-weighted consequences of various
options.”
While the principle remains of relevance, noting that any
action that falls within that scope would require EPA approval where the principle would be applied, it is felt that the City often
needs to be more responsive and holistic in its decision making. Council
regularly has to make decisions on actions with less potential impact on
the basis of some uncertainty; in which case it is important to consider, as
early as possible and in an integrated fashion, the environment and
environmental values alongside social and economic factors. In this way
the environment will be seen less as a constraint and more as a core part of
decision making.
The Policy statement in paragraph 5.2, sets out that
the City will ensure its decision making considers potential impacts on the
environment and will endeavour to integrate
environmental protection and values with social and economic considerations and
values, reflects this.
CONCLUSION
The Policy
updates the current environment policy and in doing so maintains
Council’s commitment to the long-term protection of environmental values
within the District and best practice environmental management.
OPTIONS
Council could decide not to adopt
the Policy and instead choose to take a different positon / approach in
relation to strategic environmental management. Council could also
require further amendments 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 revised Environment Policy as per Attachment A, to replace the current
policy (Attachment B).
12.4 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY 233 -
OCCUPATIONAL HEALTH AND SAFETY
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SUBJECT INDEX:
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Occupational
Health and Safety
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STRATEGIC OBJECTIVE:
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Accountable
leadership that is supported by a skilled and professional workforce.
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BUSINESS UNIT:
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Corporate Services
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ACTIVITY UNIT:
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Human Resources
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REPORTING OFFICER:
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Risk and OSH Officer - Brian
McCarroll
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AUTHORISING OFFICER:
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Director Finance and Corporate
Services - Tony Nottle
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VOTING REQUIREMENT:
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Simple Majority
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ATTACHMENTS:
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Attachment a Proposed Council Policy
- Occupational Safety and Health 
Attachment b Current
Council Policy - Occupational Safety and Health 
Attachment c Proposed
Council Policy - Committee Track Changes
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This item was
considered by the Policy and Legislation Committee at its meeting on 25
September 2018, the recommendations from which have been included in this
report.
PRÉCIS
This report presents a revised
Occupational Safety and Health 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, is considered to be of continuing
relevance and importance and is therefore recommended for Council approval.
BACKGROUND
A policy in relation to Occupational
Safety and Health was originally adopted in May 2006, with the aim of
demonstrating Council’s commitment to ensuring a safe and healthy work
environment. Since then the current policy has been reviewed a number of
times, most recently in 2015, with only very minor changes made such as
updating Shire to City.
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 GSR. 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.
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 of the City’s Strategic Community Plan 2017 and specifically
the following Community Objective/s:
a. 6.3: Accountable leadership
that is supported by a skilled and professional workforce
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
Occupational Safety and Health.
CONSULTATION
No
specific consultation was undertaken in relation to the review of the Policy.
OFFICER
COMMENT
While the safety and health of staff
is the responsibility of the CEO, Council are responsible for the provision of
adequate resources to meet safety objectives and targets. The purpose of the Policy is to demonstrate the Council’s
commitment to ensuring a safe and healthy work environment and outlines the strategic responsibilities of the CEO in
this regard.
CONCLUSION
The Policy updates the current
Occupational Safety and Health policy and in doing so maintains the
City’s support for a safe and healthy work environment.
OPTIONS
Council could decide not to adopt
the Policy and instead choose to take a different positon / approach in
relation to Occupational Safety and Health. Council could also require
further amendments 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 revised Occupational Safety and Health policy as per Attachment A, to
replace the current policy (Attachment B).
15. Community
and Commercial Services Report
15.1 NAMING
OF RESERVE 52464 - PITTS PARK
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SUBJECT INDEX:
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LAND
ADMINISTRATION
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STRATEGIC OBJECTIVE:
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A community with
access to a range of cultural and art, social and recreational facilities and
experiences.
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BUSINESS UNIT:
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Community Services
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ACTIVITY UNIT:
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Community
Services
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REPORTING OFFICER:
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Community Development Officer -
Naomi Davey
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AUTHORISING OFFICER:
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Director, Community and Commercial
Services - Cliff Frewing
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VOTING REQUIREMENT:
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Simple Majority
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ATTACHMENTS:
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Attachment a Map - Reserve 52464
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PRÉCIS
This report seeks the
Council’s endorsement to name the Reserve 52464, Lot 8112 on the Corner
of Napoleon Promenade and Mackerel Avenue Vasse, Pitts Park after Albert Leslie
Pitts (dec.) a long term resident of Busselton, in line with Council Policy 237
– Naming of Parks, Gardens, Reserves, Memorials, Sports Grounds and
Buildings.
BACKGROUND
With the
development of community assets such as parks, gardens, reserves, memorials,
sports grounds and buildings it is often desirable to recognise the
achievements and/or past community efforts of certain community pioneers,
and/or long term residents.
The City has
received a letter from the family of Mr Albert Leslie Pitts inquiring about the
prospect of naming a road or reserve after Mr Pitts. Mr Pitts is recognised for
his service in World War II, specifically as a prisoner of war before returning
to Busselton where he lived for the remaining 64 years. Mr Pitts was a
supporter and sponsor of the Busselton Trotting Club for over 20 years.
Upon
investigation it was uncovered that there is a Pit Road already in existence in
the locality of Yoganup, therefore it was proposed to name a reserve instead.
The family were contacted with a proposal to name Reserve 52464, Lot 8112 as
Pitts Park which they supported.
STATUTORY
ENVIRONMENT
The Land Administration Act 1997 provides that the
Minister for Lands (the Minister) has the authority for officially naming and
un-naming all local parks and recreational reserves in Western Australia.
Through delegated authority, Landgate acts on the Minister’s behalf to
undertake the administrative responsibilities, including the development of
policies and procedures, required for the formal approval of local parks and
recreational reserve names. A formal request to Landgate will need to be
submitted further to any decision by Council to name a reserve after Mr Albert
Leslie Pitts.
RELEVANT
PLANS AND POLICIES
The City of Busselton Policy 237 Naming of Parks, Gardens,
Reserves, Memorials, Sports Grounds and Building applies to this application.
The policy applies in respect to any proposal to name a park, garden, reserve,
memorial, sports ground and building or other significant infrastructure asset
owned by or under the care, control or management of the City of Busselton.
In considering a name, the Council may consider naming a City
asset in honour of persons considered to be pioneers, persons who may have made
an outstanding humanitarian contribution or who, in the opinion of the Council,
are worthy of such an honour. Council may determine that the proposal
requires formal public consultation.
The Policy outlines a range of criteria against which a
person shall be assessed. Mr Pitts meets the criteria of the policy,
having lived in the district for 10 years or more and having made a
contribution to the local community through his association of 20 or more years
with a local community or sporting group.
FINANCIAL
IMPLICATIONS
The
financial implication for signage can be met in the current budget.
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 aligns with Key Goal Area 2 – Places and
Spaces of the City’s Strategic Community Plan 2017 and specifically
Community Objective 2.2 – Attractive parks and open spaces that create
opportunity for people to come together, socialise and enjoy a range of
activities.
RISK
ASSESSMENT
An assessment of
the potential implications of implementing the officer recommendation has been
undertaken using the City's risk assessment framework. No risks of a
medium or greater level have been identified.
CONSULTATION
Consultation was
undertaken with the Busselton Trotting Club to confirm Mr Pitts support and
sponsorship and the Pitts family about the choice of reserve to be named after
Mr Pitts. Formal public consultation is recommended
to ensure broader community support.
OFFICER
COMMENT
The Pitts family request to have a
road named after Mr Pitts cannot be supported as Pit Road is already in
existence in the locality of Yoganup. The family agreed with the proposal to
name Reserve 52464, Lot 8112 as Pitts Park instead and supplied the relevant
documentation to support an application under City of
Busselton Policy 237 to name a reserve owned by or under the care, control or
management of the City.
Mr Pitts has met the criteria of the above policy with his
sponsorship of the Busselton Trotting Club of more than 20 years and his 65
plus years of residency in Busselton.
CONCLUSION
Mr Pitts is
considered a suitable candidate to have a Reserve named after him. It is therefore recommended that the proposal to name
Reserve 52464, Lot 8112 “Pitts Park” after Mr Albert Leslie
Pitts be approved, subject to a period of advertising for community comment and
the receipt of no submissions of a consequential nature which would prevent or
call into question the proposed naming.
OPTIONS
Council may elect to:
· Endorse
the proposal to name Reserve 52464, Lot 8112 Pitts Park after Mr Albert Leslie
Pitts requiring no further community consultation to be undertaken.
· Propose
or seek alternative reserves for consideration to be named after Mr Albert
Leslie Pitts.
· Not
proceed with the application.
TIMELINE
FOR IMPLEMENTATION OF OFFICER RECOMMENDATION
Should Council
approve the recommendation, officers will advertise the proposal for community
comment for a period of 21 days and conduct consultation with adjoining land
owners.
|
COUNCIL DECISION AND OFFICER RECOMMENDATION
C1810/204 Moved Councillor J McCallum, seconded Councillor R
Bennett
That the Council:
1. Approve
for the purposes of advertising the naming of Reserve 52464, Lot 8112 as
Pitts Park after Mr Albert Leslie Pitts;
2. Advertise the proposal to name Reserve 52464, Lot
8112 as Pitts Park after Mr Albert Leslie Pitts for community comment for a
period of 21 days and conduct consultation with adjoining land owners; and
3. Delegate
to the CEO to assess the submissions and, subject to there not being any
submissions which he considers of a consequential nature, submit a formal
request to Landgate requesting the naming of Reserve 52464, Lot 8112 to Pitts
Park after Mr Albert Leslie Pitts.
CARRIED 8/0
En Bloc
|
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:
|
Director Finance and Corporate
Services - Tony Nottle
|
|
VOTING REQUIREMENT:
|
Simple Majority
|
|
ATTACHMENTS:
|
Attachment a Planning Applications
received by the City between 1 September, 2018 and 15 September, 2018
Attachment b Planning
Applications determined by the City between 1 September, 2018 and 15
September, 2018
Attachment c SAT
Reviews 
|
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 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
and Development Services Statistics
Planning
Applications
Attachment A is a report
detailing all Planning Applications received by the City between 1 September
2018 and 15 September 2018. A total of 28 formal applications were received
during this period.
Attachment B is a report detailing
all Planning Applications determined by the City between 1 September 2018 and
15 September 2018. A total of 29 applications (including subdivision referrals)
were determined by the City during this period with 29 approved / supported and
0 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 21 September 2018.
Council 37 10
October 2018
ADOPTION BY EXCEPTION RESOLUTION
ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED
12. Reports
of Committee
12.1 Finance
Committee - 20/09/2018 - BUDGET AMENDMENT REQUEST / REVIEW
|
SUBJECT INDEX:
|
Budget Planning
and Reporting
|
|
STRATEGIC OBJECTIVE:
|
Governance
systems, process and practices are responsible, ethical and transparent.
|
|
BUSINESS UNIT:
|
Finance and Corporate Services
|
|
ACTIVITY UNIT:
|
Finance and
Corporate Services
|
|
REPORTING OFFICER:
|
Manager Financial Services - Kim
Dolzadelli
|
|
AUTHORISING OFFICER:
|
Director Finance and Corporate Services
- Tony Nottle
|
|
VOTING REQUIREMENT:
|
Absolute Majority
|
|
ATTACHMENTS:
|
Nil
|
This item was
considered by the Finance Committee at its meeting on 20 September 2018, the
recommendations from which have been included in this report.
PRÉCIS
This report seeks recommendation of
the Finance Committee to Council for the approval of budget amendments as
detailed in this report. Adoption of the Officers recommendation will
result in no change to the City’s current amended budgeted surplus
position of $0.
BACKGROUND
Council adopted its 2018/2019
municipal budget on Wednesday, 25 July 2018 with a balanced budget position.
Since this time Council has been
advised of certain funding changes that have positively impacted the original
budget and Council is now being asked to consider budget amendments for the
following key areas/projects:
1. Busselton
Foreshore Jetty Precinct,
2. Coastal
Adaption and Protection Grants,
3. Data
Communications and Software Licencing,
4. Department
of Fire and Emergency Services Grants,
5. Financial
Assistance Grants and Busselton Jetty Incorporated Contribution,
6. Keep
Australia Beautiful WA Grant,
7. Busselton-Margaret
River Airport Development Project,
8. Public
Art Reserve Vasse Precinct Artworks,
9. Main
Roads WA Direct Grant.
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
There are multiple plans and
policies that support the proposed budget amendments.
FINANCIAL IMPLICATIONS
Budget amendments being sought will
result in no change to Council’s budget surplus position of $0.
Long Term Financial Plan
Implications
There are no Long Term Financial
Plan implications in relation to this item.
STRATEGIC COMMUNITY OBJECTIVES
This matter principally aligns with
Key Goal Area 6 – ‘Leadership’ and more specifically
Community Objective 6.1 - ‘Governance systems, process and practices are
responsible, ethical and transparent’.
RISK ASSESSMENT
There is a risk to the City, as
there is with all projects undertaken, that the final cost could exceed budget.
If this looks to be the case Council will be notified so a suitable offset /
project scope back can be identified.
CONSULTATION
No specific consultation has been
undertaken in relation to this item.
OFFICER
COMMENT
The Officer recommends the following
requested budget amendments to the Finance Committee for consideration and
recommendation to Council.
1. “Busselton
Foreshore Jetty Precinct”
The Busselton Foreshore Stage 3
(C3094) works project is nearing completion, and it would be beneficial to move
the “surplus” budget to the Busselton Foreshore Jetty Precinct
project (C3168).
These funds have already been
allocated throughout activities in the C3168 project (in previous financial
years) which include the Adventure Playspace and development of seasonal
stalls.
Planned
Expenditure Items
The
amendments shown in Table 1 are being sought for approval.
Table 1:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
C3168
|
Busselton Foreshore Jetty Precinct
|
1,578,544
|
66,965
|
1,645,509
|
|
C3094
|
Busselton Foreshore Stage 3
|
287,637
|
-66,965
|
220,672
|
|
Net Total
|
1,866,181
|
0
|
1,866,181
|
Proposed
Outcome
The proposed amendment will enable
the Major Projects team to make use of all available funds to complete the
Busselton Foreshore Jetty Precinct project within Budget.
2. “Coastal
Adaption and Protection Grants”
The Department of Transport’s
Coastal Adaptation and Protection (CAP) Grants provides financial assistance
for local projects that identify and manage coastal hazards.
The program seeks to preserve and
enhance coastal assets for the general public, building partnerships with local
coastal managers, and helping them understand and adapt to coastal hazards.
The timing of these grants does not
coincide with the City’s annual budget process, therefore at the time of
development of the City’s budget these projects were excluded.
The funding pool for the 2018/19 FY
was $1,056,540, shared amongst the entire State
The City has received funding for
the projects listed below, which will need to be funded dollar for dollar by
the City. It is proposed that the matching funding be transferred from the
Climate Adaptation Reserve.
|
Project
|
Description
|
Grant
|
|
Beach monitoring
(year 6)
|
Collection of beach profile surveys,
aerial photos and site photos at
Geographe Bay.
|
$26,000
|
|
Sand nourishment
(year 6)
|
Sand nourishment
along Geographe Bay.
|
$55,000
|
|
Craig Street
groyne and seawall
|
Maintenance of
Craig Street coastal protection structure.
|
$125,000
|
|
Broadwater
Adaptation
Beach Coastal
|
Relocation of
vulnerable public assets and shoreline stabilisation investigation.
|
$75,000
|
Planned
Expenditure Items
The
amendments shown in Table 2 are sought for approval.
Table 2:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Income
|
|
|
|
|
|
510-C2512-1215-0000
|
Sand Re - Nourishment Capital Grant
|
0
|
(55,000)
|
(55,000)
|
|
Climate Adaptation Reserve
|
Sand Re - Nourishment Equity
|
(118,410)
|
0
|
(118,410)
|
|
Expenditure
|
|
|
|
|
|
510-C2512-3260-0000
|
Sand Re - Nourishment Consultancy
|
5,130
|
0
|
5,130
|
|
510-C2512-3280-0000
|
Sand Re - Nourishment Contractors
|
113,280
|
55,000
|
168,280
|
|
Income
|
|
|
|
|
|
510-11101-1239-9791
|
Beach Monitoring Non Capital Grant
|
0
|
(26,000)
|
(26,000)
|
|
Climate Adaptation Reserve
|
Beach Monitoring Equity
|
0
|
(26,000)
|
(26,000)
|
|
Expenditure
|
|
|
|
|
|
510-11101-3280-9791
|
Beach Monitoring Contractors
|
0
|
52,000
|
52,000
|
|
Income
|
|
|
|
|
|
510-C2523-1215-0000
|
Broadwater Beach Coastal Adaptation Cap
Grant
|
0
|
(75,000)
|
(75,000)
|
|
Climate Adaptation Reserve
|
Broadwater Beach Coastal Adaptation
Equity
|
0
|
(75,000)
|
(75,000)
|
|
Expenditure
|
|
|
|
|
|
510-C2523-3260-0000
|
Broadwater Beach Coastal Adaptation
Consultant
|
0
|
10,000
|
10,000
|
|
510-C2523-3280-0000
|
Broadwater Beach Coastal Adaptation
Contractors
|
0
|
140,000
|
140,000
|
|
Income
|
|
|
|
|
|
510-C2528-1215-0000
|
Maintenance of Craig Street Groyne and
Seawall Grant
|
0
|
(125,000)
|
(125,000)
|
|
Climate Adaptation Reserve
|
Maintenance of Craig Street Groyne and
Seawall Equity
|
0
|
(125,000)
|
(125,000)
|
|
Expenditure
|
|
|
|
|
|
510-C2528-3260-0000
|
Maintenance of Craig Street Groyne and
Seawall Consultancy
|
0
|
15,000
|
15,000
|
|
510-C2528-3280-0000
|
Maintenance of Craig Street Groyne and
Seawall Contractors
|
0
|
235,000
|
235,000
|
|
Net Total
|
0
|
0
|
0
|
Proposed
Outcome
The program seeks to preserve and
enhance coastal assets for the general public, building partnerships with local
coastal managers, and helping them understand and adapt to coastal hazards.
3. “Data
Communications and Software Licencing”
As part of the infrastructure works
undertaken for the implementation of the public WiFi on the Busselton Foreshore
and surrounds, officers were able to extend the City’s optic fibre
network into the Youth and Community Activities Building (YCAB). During the
budget development process it was originally intended for the YCAB to utilise
high speed internet services and $12,000 (ex GST) was included in the
operational budget for this purpose.
Recently the City’s
engineering and design teams have identified a number of specialist software
items, which were not available or known about in the lead up to the budget
adoption process. Items include additional AutoCad licences, specialist flood
modelling software and various other related components, at an estimated cost
of $11,000 (ex GST) per annum.
This item requests some of the
anticipated savings from the cancellation of the internet service at the YCAB
be transferred to the information technology software licencing budget. The
budget allocation of $11,000 (ex GST) will be utilised for the provision of
specialist software items required by the engineering and design team.
Planned
Expenditure Items
The
amendments shown in Table 3 are sought for approval.
Table 3:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
330-B1361-3296
|
Data
Communication Costs
|
21,860
|
(11,000)
|
10,860
|
|
220-10251-3291
|
Computer
Software Licenses
|
332,856
|
11,000
|
343,856
|
|
Net Total
|
354,716
|
0
|
354,716
|
Proposed
Outcome
The proposed amendment will bring
efficiency to filed work undertaken by the engineering works and services team.
4. “Department
of Fire and Emergency Services (DFES) Grants”
In March of 2018 the City of
Busselton applied to DFES for capital grants monies to continue existing projects
or for additional building requirements for the City’s bush fire
brigades. On the 31st July the City received notification from DFES the
grants as per table 4 were successfully received.
As per the 2018/2019 adopted budget
municipal funding is $40,745 with the remaining $407,503 funded through the
DFES ESL capital grants program.
Additionally the City has also
received notification that there will possibly be five vehicle changeovers to
occur in this financial year with the indicated value shown in the table below.
Planned
Expenditure Items
The building of a new fire station
for the Ambergate Volunteer Bush Fire Brigade as per RFT 06/18.
The addition of a training and
meeting room at the current Hithergreen Volunteer Bush Fire Brigade station to
facilitate the ongoing training requirements of the brigade.
The provision of new concrete aprons
to the Sussex and Vasse fire stations to improve the safety of volunteers
during training and cleaning of equipment.
The
amendments shown in Table 4 are sought for approval.
Table 4:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Revenue
|
|
|
|
|
|
Non-Operating Grants, Subsidies
& Contributions
|
Fire
Prevention DFES
|
|
|
|
|
441-B9112-1215-0000
|
Ambergate
Fire Station Construction
|
-123,307
|
-198,000
|
-321,307
|
|
441-B9109-3280-0000
|
Hithergreen
Fire Station training room addition
|
0
|
-68,886
|
-68,886
|
|
441-B9113-3280-0000
|
Sussex
concrete apron
|
0
|
-8,655
|
-8,655
|
|
441-B9114-3280-0000
|
Vasse
concrete apron
|
0
|
-8,655
|
-8,655
|
|
Donated Assets
|
Fire
Prevention DFES
|
|
|
|
|
441-B1026-1270-0000
|
Yallingup
Rural BFB replacement vehicle
|
0
|
-597,600
|
-597,600
|
|
441-B1015-1270-0000
|
Hithergreen
BFB replacement vehicle
|
0
|
-465,200
|
-465,200
|
|
441-B1013-1270-0000
|
Dunsborough
BFB replacement vehicle
|
0
|
-178,300
|
-178,300
|
|
441-B1024-1270-0000
|
Wilyabrup
BFB replacement vehicle
|
0
|
-178,300
|
-178,300
|
|
441-B1029-1270-0000
|
SES
replacement vehicle
|
0
|
-97,200
|
-97,200
|
|
|
|
|
|
|
|
Expenditure
|
|
|
|
|
|
441-B9112-3280-0000
|
Contractors
(Inc Contract Staff)
|
164,052
|
198,000
|
362,052
|
|
441-B9109-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
68,886
|
68,886
|
|
441-B9113-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
8,655
|
8,655
|
|
441-B9114-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
8,655
|
8,655
|
|
441-B1026-7723-0000
|
Yallingup
Rural BFB replacement vehicle
|
0
|
597,600
|
597,600
|
|
441-B1015-7723-0000
|
Hithergreen
BFB replacement vehicle
|
0
|
465,200
|
465,200
|
|
441-B1013-7723-0000
|
Dunsborough
BFB replacement vehicle
|
0
|
178,300
|
178,300
|
|
441-B1024-7723-0000
|
Wilyabrup
BFB replacement vehicle
|
0
|
178,300
|
178,300
|
|
441-B1029-7723-0000
|
SES
replacement vehicle
|
0
|
97,200
|
97,200
|
|
Net Total
|
40,745
|
0
|
40,745
|
Proposed
Outcome
Construction of the new Ambergate
fire station and upgrades to Hithergreen, Vasse and Sussex stations with no any
additional municipal funding being required. Replacement of vehicles that are
at end of their serviceable life.
5. “Financial
Assistance Grants and Busselton Jetty Incorporated Contribution”
Financial Assistance Grants
On 24th August 2018 the
City of Busselton received advise of the Final Financial Assistance Grants it
would be receiving for the 2018/2019 Financial Year with a better than
anticipate outcome resulting in additional funding of $48,968 compared to
adopted budget.
Busselton Jetty Incorporated
Contribution
On the 2 May 2018 Councillors
received a briefing on behalf of Busselton Jetty Inc., Chief Executive Officer
Lisa Shrieve and Deputy Chair Stephen Gaebler. As part of this briefing Council
was informed of a proposal to undertake a sea container project at the end of
the Jetty to address demand for increased services such as food and beverage,
virtual reality goggles and a chocolate, wine and cheese bar. The
anticipated costs were approximately $600,000 and an application to the
Building Better Regions Fund was lodged on 17 December 2017. It is
understood that the original budget cost for the project has increased to
approximately $900,000
The Busselton Jetty Inc. have been
successful in obtaining the grant from the Building Better Regions Fund and are
requesting the City contribute an amount of $25,000 towards the overall cost of
the project.
At this briefing Councillors gave
“in-principle” support to the proposal and also acknowledged the
project would result in an ongoing higher level of contribution to the
“Jetty Maintenance Reserve”. This higher level of
contribution by Busselton Jetty Inc. will in turn reduce the level of
contribution to the Jetty Maintenance Reserve required by the City of
Busselton.
Planned
Expenditure Items
The amendments shown in Table 5 are
sought for approval to recognise the additional Financial Assistance Grants of
$48,968, increase the budget contingency holding account by $23,968 and allow
for a contribution of $25,000 to Busselton Jetty Inc. to be utilised towards
the sea container project.
Table 5:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Income
|
|
|
|
|
|
210-10152-1250-0000
|
Grants Commission - General Purpose Grant
|
-364,790
|
-50,019
|
-414,809
|
|
210-10152-1250-0000
|
Grants
Commission - Local Roads Grant
|
-670,544
|
1,051
|
-669,493
|
|
Expenditure
|
|
|
|
|
|
100-10001-3680-0000
|
Budget
Surplus Contingency Holding Account
|
50,000
|
23,968
|
73,968
|
|
New
|
Contribution
to Busselton Jetty Inc - Sea Container Project
|
0
|
25,000
|
25,000
|
|
Net Total
|
-985,334
|
0
|
-985,334
|
Proposed
Outcome
Recognition of additional income and
a contribution of $25,000 to Busselton Jetty Inc. for the sea container
project.
6. “Keep
Australia Beautiful WA Grant”
The City has secured a grant for
$8,414 (ex GST) from Keep Australia Beautiful WA for a project –
“Southwest Coastal Litter Signage and Campaign”. This project
will address the problem of litter in the South West coastal environment.
The project will see the creation
and instalment of permanent interpretive signage at four coastal locations in
the City of Busselton providing information about the effect our litter can
have on the marine environment and asking visitors to either dispose of their
rubbish in the bin/s provided or take their rubbish home with them (depending
on the location and whether bins are present).
Along with the launch of the signs,
the City of Busselton will run a general campaign bringing awareness to the
impact litter can have on marine life and encourage the community to not only
refrain from littering, but pick up litter found in our environment and
properly dispose of it. This general campaign will be promoted via social media
and banners targeting residents and visitors to the South West of WA.
Planned
Expenditure Items
The amendments shown in Table 6 are
sought for approval.
Table 6:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
524-11300-3280-1103
|
Contractors including Staff
|
0
|
8,414
|
8,414
|
|
Income
|
|
|
|
|
|
524-11300-1239-1103
|
Grant from KAB WA for South
West Coastal Litter Signage and Campaign
|
0
|
(8,414)
|
(8,414)
|
|
Net
Total
|
0
|
0
|
0
|
Proposed
Outcome
The project aims to reduce the
amount of litter left in our natural coastal environment.
7. “Busselton-Margaret
River Airport Development Project”
The City is funding the upgrade to
Neville Hyder Drive as part of the City’s leveraged funding commitment under
the State Government’s funding agreement for development of the
Busselton-Margaret River Airport. To enable accurate record keeping for the
Busselton-Margaret River Airport Development Project a budget amendment is
requested to transfer the funds from the Road Asset Renewal Reserve to the
Development Project budget.
Planned
Expenditure Items
The Neville Hyder Drive upgrade is
scheduled for completion in 2018/2019 and the budget is expected to be fully
expended.
The amendments shown in Table 7 are sought
for approval.
Table 7:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
5441-W0222-3280
|
Road
Asset Renewal Reserve – Neville Hyder Drive
|
287,000
|
-287,000
|
0
|
|
345-W0222-3280
|
Airport
Development - Neville Hyder Drive Upgrade
|
0
|
287,000
|
287,000
|
|
Net Total
|
$287,000
|
0
|
$287,000
|
Proposed
Outcome
Formal budget transfer for the
upgrade works to Neville Hyder Drive and accurate record keeping with regard to
the Busselton-Margaret River Airport Development Project.
8. “Public
Art Reserve Vasse Precinct Artworks”
A budget amendment is being
requested to transfer funds from the Public Art Reserve to Cultural Planning to
fund committed artworks in the Vasse Precinct. Quotes for the artworks and
consultancy fee were still being sought at budget preparation time and the
final costs were unknown. Artworks have now been commissioned by the City
through a consultant and are specific to the Vasse Precinct.
Planned
Expenditure Items
The 2018/19 Public Art Reserve Fund
closing balance is $106,685. The current 2018/19 budget provision for
contractors supplying the artworks in the Vasse Precinct is $71,000.
Additional funding of $24,185 is required to meet financial commitments for the
third and final artwork and remaining consultant fee.
The amendments shown in Table 8 are
sought for approval.
Table 8:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
330
10900 3280 000
|
Contractors
|
148,100
|
24,185
|
172,285
|
|
Income
|
|
|
|
|
|
Public
Art Reserve Fund 341- Vasse Public Art
|
Percent
for Art Reserve
|
106,685
|
-24,185
|
82,500
|
|
Net Total
|
254,785
|
|
254,785
|
Proposed
Outcome
Increased expenditure in the Vasse
Precinct through the Percent for Art cash in lieu contributions, enabling
completion of the third artwork.
9. “Main
Roads WA Direct Grant”
Advice has been received by Main
Roads WA (MRWA) that direct grant funding levels have been reinstated following
reduction in the 2017/2018 financial year allocations by the State Government
for budget repair purposes. In 2017/2018 the City of Busselton’s
allocation was reduced by $142,455.
In preparing the 2018/2019 budget
officers had no indication that the 2017/2018 reduction would be reinstated and
hence budgeted for $202,000. MRWA have advised that the actual direct
grant to be received by the City is $329,893 being $127,893 more than budgeted.
Officers note the extensive damage caused by the storm event that
occurred on 5 June 2018. With respect to rural road infrastructure there are in
the order of 640 sites where tress have been knocked down from the strong
winds.
City officers are still attempting
to get the event declared under the new Western Australia Natural Disaster
Relief and Recovery Arrangements (WANDRRA) program rules that have
been significantly tightened in response to a Federal Governments Productivity
Review into the extent of previous year claims.
Under the new stricter WANDRRA arrangements we know
however that trees that fell exclusively on verges (not across the road) and
trees that fell from our road verges onto private property will not be funded:
Planned
Expenditure Items
Officer propose that the additional
MRWA Direct Grant Funds of $127,893 be allocated to assist with the continued
clean-up of storm related damage.
The amendments shown in Table 9 are
sought for approval.
Table 9:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
541-M9970-3280-0000
|
Contractors
|
0
|
127,893
|
127,893
|
|
|
|
|
|
|
|
Income
|
|
|
|
|
|
541-M9970-1230-000
|
Main Roads Direct Grant
|
0
|
-127,893
|
-127,893
|
|
Net Total
|
0
|
0
|
0
|
Proposed
Outcome
Address the extensive damage caused
by the storm event that occurred on 5 June 2018.
CONCLUSION
Council’s approval is sought
to amend the budget as per the details contained in this report. Upon approval
the proposed works will be planned, organised and completed.
OPTIONS
The Council could decide not to go
ahead with any or all of the proposed budget amendment requests.
TIMELINE FOR IMPLEMENTATION OF
OFFICER RECOMMENDATION
Should the Officer Recommendation be
endorsed, the associated budget amendment will be processed within a month of
being approved.
|
COUNCIL DECISION/COMMITTEE
RECOMMENDATION AND OFFICER RECOMMENDATION
C1810/206 Moved Councillor P Carter, seconded Councillor J
McCallum
ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED
That Council endorse the requested
budget amendments outlined in tables 1 to 9 below, resulting in no change to
an amended budgeted surplus position of $0.
Table 1:
|
Cost
Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
C3168
|
Busselton Foreshore Jetty
Precinct
|
1,578,544
|
66,965
|
1,645,509
|
|
C3094
|
Busselton Foreshore Stage 3
|
287,637
|
-66,965
|
220,672
|
|
Net Total
|
1,866,181
|
0
|
1,866,181
|
Table 2:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Income
|
|
|
|
|
|
510-C2512-1215-0000
|
Sand Re - Nourishment Capital Grant
|
0
|
(55,000)
|
(55,000)
|
|
Climate Adaptation Reserve
|
Sand Re - Nourishment Equity
|
(118,410)
|
0
|
(118,410)
|
|
Expenditure
|
|
|
|
|
|
510-C2512-3260-0000
|
Sand Re - Nourishment Consultancy
|
5,130
|
0
|
5,130
|
|
510-C2512-3280-0000
|
Sand Re - Nourishment Contractors
|
113,280
|
55,000
|
168,280
|
|
Income
|
|
|
|
|
|
510-11101-1239-9791
|
Beach Monitoring Non Capital Grant
|
0
|
(26,000)
|
(26,000)
|
|
Climate Adaptation Reserve
|
Beach Monitoring Equity
|
0
|
(26,000)
|
(26,000)
|
|
Expenditure
|
|
|
|
|
|
510-11101-3280-9791
|
Beach Monitoring Contractors
|
0
|
52,000
|
52,000
|
|
Income
|
|
|
|
|
|
510-C2523-1215-0000
|
Broadwater Beach Coastal Adaptation
Cap Grant
|
0
|
(75,000)
|
(75,000)
|
|
Climate Adaptation Reserve
|
Broadwater Beach Coastal Adaptation
Equity
|
0
|
(75,000)
|
(75,000)
|
|
Expenditure
|
|
|
|
|
|
510-C2523-3260-0000
|
Broadwater Beach Coastal Adaptation
Consultant
|
0
|
10,000
|
10,000
|
|
510-C2523-3280-0000
|
Broadwater Beach Coastal Adaptation
Contractors
|
0
|
140,000
|
140,000
|
|
Income
|
|
|
|
|
|
510-C2528-1215-0000
|
Maintenance of Craig Street Groyne and
Seawall Grant
|
0
|
(125,000)
|
(125,000)
|
|
Climate Adaptation Reserve
|
Maintenance of Craig Street Groyne and
Seawall Equity
|
0
|
(125,000)
|
(125,000)
|
|
Expenditure
|
|
|
|
|
|
510-C2528-3260-0000
|
Maintenance of Craig Street Groyne and
Seawall Consultancy
|
0
|
15,000
|
15,000
|
|
510-C2528-3280-0000
|
Maintenance of Craig Street Groyne and
Seawall Contractors
|
0
|
235,000
|
235,000
|
|
Net Total
|
0
|
0
|
0
|
Table 3:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
330-B1361-3296
|
Data
Communication Costs
|
21,860
|
(11,000)
|
10,860
|
|
220-10251-3291
|
Computer
Software Licenses
|
332,856
|
11,000
|
343,856
|
|
Net Total
|
354,716
|
0
|
354,716
|
Table 4:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Revenue
|
|
|
|
|
|
Non-Operating Grants, Subsidies
& Contributions
|
Fire
Prevention DFES
|
|
|
|
|
441-B9112-1215-0000
|
Ambergate
Fire Station Construction
|
-123,307
|
-198,000
|
-321,307
|
|
441-B9109-3280-0000
|
Hithergreen
Fire Station training room addition
|
0
|
-68,886
|
-68,886
|
|
441-B9113-3280-0000
|
Sussex
concrete apron
|
0
|
-8,655
|
-8,655
|
|
441-B9114-3280-0000
|
Vasse
concrete apron
|
0
|
-8,655
|
-8,655
|
|
Donated Assets
|
Fire
Prevention DFES
|
|
|
|
|
441-B1026-1270-0000
|
Yallingup
Rural BFB replacement vehicle
|
0
|
-597,600
|
-597,600
|
|
441-B1015-1270-0000
|
Hithergreen
BFB replacement vehicle
|
0
|
-465,200
|
-465,200
|
|
441-B1013-1270-0000
|
Dunsborough
BFB replacement vehicle
|
0
|
-178,300
|
-178,300
|
|
441-B1024-1270-0000
|
Wilyabrup
BFB replacement vehicle
|
0
|
-178,300
|
-178,300
|
|
441-B1029-1270-0000
|
SES
replacement vehicle
|
0
|
-97,200
|
-97,200
|
|
|
|
|
|
|
|
Expenditure
|
|
|
|
|
|
441-B9112-3280-0000
|
Contractors
(Inc Contract Staff)
|
164,052
|
198,000
|
362,052
|
|
441-B9109-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
68,886
|
68,886
|
|
441-B9113-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
8,655
|
8,655
|
|
441-B9114-3280-0000
|
Contractors
(Inc Contract Staff)
|
0
|
8,655
|
8,655
|
|
441-B1026-7723-0000
|
Yallingup
Rural BFB replacement vehicle
|
0
|
597,600
|
597,600
|
|
441-B1015-7723-0000
|
Hithergreen
BFB replacement vehicle
|
0
|
465,200
|
465,200
|
|
441-B1013-7723-0000
|
Dunsborough
BFB replacement vehicle
|
0
|
178,300
|
178,300
|
|
441-B1024-7723-0000
|
Wilyabrup
BFB replacement vehicle
|
0
|
178,300
|
178,300
|
|
441-B1029-7723-0000
|
SES
replacement vehicle
|
0
|
97,200
|
97,200
|
|
Net Total
|
40,745
|
0
|
40,745
|
Table 5:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Income
|
|
|
|
|
|
210-10152-1250-0000
|
Grants Commission - General Purpose Grant
|
-364,790
|
-50,019
|
-414,809
|
|
210-10152-1250-0000
|
Grants
Commission - Local Roads Grant
|
-670,544
|
1,051
|
-669,493
|
|
Expenditure
|
|
|
|
|
|
100-10001-3680-0000
|
Budget
Surplus Contingency Holding Account
|
50,000
|
23,968
|
73,968
|
|
New
|
Contribution
to Busselton Jetty Inc - Sea Container Project
|
0
|
25,000
|
25,000
|
|
Net Total
|
-985,334
|
0
|
-985,334
|
Table 6:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
524-11300-3280-1103
|
Contractors including
Staff
|
0
|
8,414
|
8,414
|
|
|
|
|
|
|
Income
|
|
|
|
|
|
524-11300-1239-1103
|
Grant from KAB WA for South
West Coastal Litter Signage and Campaign
|
0
|
(8,414)
|
(8,414)
|
|
|
|
|
|
|
|
Net
Total
|
0
|
0
|
0
|
Table 7:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
5441-W0222-3280
|
Road
Asset Renewal Reserve – Neville Hyder Drive
|
287,000
|
-287,000
|
0
|
|
345-W0222-3280
|
Airport
Development - Neville Hyder Drive Upgrade
|
0
|
287,000
|
287,000
|
|
Net Total
|
$287,000
|
0
|
$287,000
|
Table 8:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
330
10900 3280 000
|
Contractors
|
148,100
|
24,185
|
172,285
|
|
|
|
|
|
|
|
Income
|
|
|
|
|
|
Public
Art Reserve Fund 341- Vasse Public Art
|
Percent
for Art Reserve
|
106,685
|
-24,185
|
82,500
|
|
Net Total
|
254,785
|
|
254,785
|
Table
9:
|
Cost Code
|
Description
|
Current Budget
|
Change
|
Proposed Amended Budget
|
|
Expenditure
|
|
|
|
|
|
541-M9970-3280-0000
|
Contractors
|
0
|
127,893
|
127,893
|
|
|
|
|
|
|
|
Income
|
|
|
|
|
|
541-M9970-1230-000
|
Main Roads Direct Grant
|
0
|
-127,893
|
-127,893
|
|
Net Total
|
0
|
0
|
0
|
CARRIED 8/0
by absolute majority
|
Council 43 10
October 2018
ITEMS FOR DEBATE
12. Reports
of Committee
12.5 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY FEES
ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS
|
SUBJECT INDEX:
|
Governance
|
|
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 Council
Policy
Attachment b Current Council Policy 
Attachment c MERG Sponsored Events
Attachment d Proposed Council Policy - Committee Tracked
Changes 
|
This item was
considered by the Policy and Legislation Committee at its meeting on 25
September 2018, the recommendations from which have been included in this
report.
PRÉCIS
This report presents and seeks
Council’s adoption of a revised ‘Fees Allowances and Expenses for
Elected Members’ Council policy (Attachment A) (the Policy) for Council
approval. The current policy (which has already been moved into the new
policy template as per Council Resolution (C1805/084) has been reviewed to
clarify entitlements in relation to reimbursement of childcare expenses,
specifically reimbursement for costs incurred while an Elected Member attends
briefing sessions and workshops, as well as reimbursements for travel, expenses
while away from home on sanctioned activities and corporate attire
expenses. It is proposed that the Policy also set a policy position with
respect to Elected Member annual fee and the Mayoral allowance.
BACKGROUND
The current policy, which was last
adopted in October 2017, provides for reimbursement of childcare expenses
incurred while an Elected Member is attending a Council or Committee
meeting. Officers, through discussion with the Policy and Legislation
Committee at its August meeting, have confirmed that it was always the
intention for the policy to also provide childcare reimbursements while Elected
Members are attending briefing sessions (held on a Wednesday afternoon) and
other organised briefing sessions / workshops within the City.
The broad intention of the policy
was to provide a reimbursement framework which allowed Elected Members to meet
their commitments. It was assumed that this would include childcare
reimbursement (as per travel) for briefing sessions, with these being key forums
to ensure Elected Members are informed when making decisions. As such the
Policy has been amended and is presented for Council’s adoption.
Additionally Officers have taken the
opportunity to set out a policy position with respect to Elected Member fees
and the Mayoral allowance, and to provide more clarity in relation to travel
reimbursements (specifically reimbursement for travel associated with what is
currently referred to as ‘Flagship’ events), reimbursements while
away from home on sanctioned activities, and corporate attire expenses.
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 that Act.
Section 5.98(1) and 5.98(2A) of the
Act entitles Council members to a fee for attending a council, committee or
other prescribed meeting. Section 5.99 of the Act allows a local government to
decide that instead of paying a fee referred to in Section 5.98(1), it will
instead pay an annual fee determined by the Salaries and Allowances Tribunal
Act 1975 or a fee set by the local government within the range for annual
fees determined by the Salaries and Allowances Tribunal (SAT).
Section 5.98(5) entitles the mayor
or president of a local government to be paid, in addition, an annual allowance
determined for mayors or presidents or as set by the local government within
the range determined by the SAT.
Section 5.98A allows a local
government to pay the deputy mayor or deputy president an allowance of up to
(currently) 25% as determined by the SAT.
Section 5.98(2)(b) of the Act and
Regulation 32 of the Local Government (Administration) Regulations 1996
provides that a Council member may be reimbursed for an expense of a kind
prescribed where it has been approved by the local government and where it is
incurred in performing a function in his or her capacity as a council member
with the express authority of the local government.
Section 5.98(4) of the Act provides
that the expense approved by a local government for reimbursement may be
approved either generally or in a particular case. All reimbursements are
to be in accordance with the determination made by the SAT.
RELEVANT
PLANS AND POLICIES
In August 2017 the CEO commissioned a high level independent review of the
City’s governance systems - the Governance Services Review (GSR).
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, with the Policy being
updated to reflect current practice.
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, process
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, with the
Policy providing improved clarity in relation to a number of reimbursements.
CONSULTATION
No
specific consultation was undertaken in relation to the review of the Policy.
OFFICER
COMMENT
The purpose of the Policy is to set out the
fees, allowances, reimbursements and equipment that Elected Members are entitled
to, to enable them to carry out their role efficiently. The following
aspects have been adjusted in the Policy.
Elected Member fee
Setting of a policy position is proposed through the adding
of this section to the Policy; that is, that Elected Members will be paid an
annual attendance fee in lieu of fees for attending meetings referred to in
Section 5.98(1) of the Act and that this will be set at the 75th
percentile of the applicable band in accordance with the determination of the
SAT. The fee will still be required to be set as part of the annual
budget adoption however setting a policy position ensures there is transparency
in relation to Elected Member fees and administratively provides a clear basis
on which the City can prepare its financials.
Reimbursement of childcare expenses
As outlined in the background section of this report, it
has been identified that adjustments are required to the current policy in
order to provide for the reimbursement of childcare expenses while an Elected
Member is attending briefing sessions and workshops organised by the
City. Paragraph 5.12 of the Policy provides for this.
Additionally the Policy has been amended, with the
inclusion of Paragraph 5.13, to cater for the different ways in which childcare
is charged, with many places charging on half and full day rates as opposed to
hourly rates. Given this, the calculation of time in Paragraph 5.13 has
also been amended to remove inclusion of a nominal time allowance after a
meeting / briefing session for partaking in refreshments. For daytime meetings
/ briefings where childcare costs are generally incurred a half day rate is
likely to cater for this.
Reimbursement of travel expenses
With respect to reimbursement
for travel, the current policy provides reimbursement for Elected Members who attend
‘Flagship’ functions and events
held within the boundaries of the City, as determined by the Mayor and CEO at
the commencement of each calendar year or as determined during the year.
This subclause currently has a footnote which indicates that ‘Flagship’
events and functions will be published in the Friday factsheet or will be the
subject of a specific invitation sent by the City’s administration.
In practice the identification of Flagship functions and
events is left to the discretion of governance officers and the footnote, which
indicates they will be included on the Friday factsheet or be the
subject of a specific invitation by the City’s administration, is leading
to confusion. Governance officers pass on to Elected Members many
invitations from groups and organisations to attend events, however not all of
those are likely to be considered ‘Flagship’.
Officers have therefore recommended that this provision be
clarified to provide reimbursements for travel for functions and events
sponsored to a value of $10,000 or more through the City’s Marketing and
Events Reference Group (MERG) funding, and where the Elected Member has been
issued a specific invitation by the City’s administration. As per
the current policy the event must be within the City of Busselton
district. Based on 2018/19 MERG funding (Attachment C) this would provide
the potential for travel to be reimbursed for 12 events.
An alternative option discussed with the Mayor is for
travel to be reimbursed for all MERG sponsored events (currently 29) but
limited to one appointed Council representative only for each event, as
determined by the Mayor.
Clarification has also been added to point (k) to provide
clarity around situations where Elected Members attend, in lieu or on behalf of
the Mayor, events to present awards or gifts and a new point (l) has been added
to provide for travel expenses (where not required to stay away from home) for
situations where an Elected Member attends an event / function to receive an
award on behalf of the City.
Reimbursement of expenses while away from home on
sanctioned activities
Elected Members may at times also be asked to travel away
from home (generally intrastate) for the purposes of receiving awards on behalf
of the City. This has been added as a specific occasion for when which
reimbursement (or payment) of expenses while away from home would be provided,
that is, accommodation, a daily sustenance allowance, transport costs and the
cost of attending any specific event related meals for the Elected Member and
spouse.
Reimbursement of hospitality expenses
This paragraph has been adjusted to provide for
reimbursement of hospitality expenses only for meetings and events for which
travel can be claimed under the Policy (whether travel is actually claimed or
not) and only where it is reasonable, approved by the Mayor and substantiated
with receipts. It was felt that this section of the current policy is too
open to interpretation and the changes are intended to provide more certainty.
Corporate attire expenses
The current policy provides Elected Members with reimbursement
of up to $750 in each election year for the purchase of the following:
b. business
attire (which may consist of a suit, jacket and shirts/blouses);
c. one
pair of shoes (up to $150);
d. dry
cleaning and maintenance of corporate and business attire.
The Policy proposes this be changed
to financial year to align with City budgeting processes, and that the dollar
limit on shoes be removed, while at the same time clarifying the shoes are to
be business shoes. In making the change to financial year an additional
condition has been added to prevent an Elected Member who is up for re-election
claiming for anything purchased in the period of the financial year preceding
the election.
Mayoral
allowance
As per inclusion
of the Elected Member fee, the Policy seeks to set a position with respect to
the Mayoral allowance, noting that the current policy already does this in
relation to the Deputy Mayor’s allowance.
Reimbursement
submissions
The final
significant change is the inclusion of a time limit for reimbursements, with
reimbursements to be submitted
within three months of the expenses being incurred. The remainder of the
changes are of a minor nature to streamline the Policy.
CONCLUSION
The Policy updates the current Fees
Allowances and Reimbursements for Elected Members policy to provide clarity in
relation to reimbursement of childcare, travel, and corporate attire expenses
and to streamline the Policy with regard to the recommendations of the GSR.
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 Fees Allowances and Reimbursements for Elected Members policy as
per Attachment A, to replace the current policy (Attachment B).
|
COMMITTEE
RECOMMENDATION
That the Council adopts the proposed Fees Allowances and
Reimbursements for Elected Members
policy as per Attachment A, which includes committee amendments as
shown in Attachment D, to
replace the current policy at Attachment B.
LAPSED
FOR WANT OF A MOVER
|
Cr Henley foreshadowed an amended motion which is
reflected as per below
|
COUNCIL DECISION
C1810/207 Moved Councillor G Henley, seconded Councillor K
Hick
That
the Council :
1. Adopt
the proposed amendments to the Fees Allowances and Reimbursements for Elected
Members
policy contained within Attachment A (which includes committee amendments shown
in Attachment D) with the exception of amendments relating to corporate
attire expenses
contained in paragraphs 5.25, 5.26, 5.27, and 5.28, and
2. Requests
that the CEO refers paragraphs 5.25, 5.26, 5.27 and 5.28 of Attachment A
relating to corporate
attire expenses back to the Policy and Legislation Committee for further
discussion.
CARRIED 8/0
|
12.6 Policy
and Legislation Committee - 25/09/2018 - REVIEW OF COUNCIL POLICY 192 VANDALISM
- REWARD FOR INFORMATION RELATING TO THE DAMAGE OF COUNCIL PROPERTY
|
SUBJECT INDEX:
|
Governance
|
|
STRATEGIC OBJECTIVE:
|
A friendly safe
and inclusive community with a strong community spirit.
|
|
BUSINESS UNIT:
|
Corporate Services
|
|
ACTIVITY UNIT:
|
Governance
|
|
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 -
Vandalism - Reward for information relating to the damage of City property 
Attachment b Current Council Policy
|
This item was
considered by the Policy and Legislation Committee at its meeting on 25
September 2018, the recommendations from which have been included in this
report.
PRÉCIS
This report presents a revised
Vandalism - Reward for information relating to the damage of City property
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, is considered to be of continuing
relevance and importance and is therefore recommended for Council approval.
BACKGROUND
A policy in relation to the
provision of a reward for information relating to vandalism or damage to City
property was originally adopted with the aim of preventing future vandalism and
reducing maintenance costs incurred through the damaging of City
property.
The policy was last reviewed in June
2017 post the WA State Parliament introducing specific legislation that deals
with Graffiti. The Graffiti Vandalism Act 2016 (the Act) was passed in
2016 and provides for:
·
Graffiti Offenses;
·
Local Government Powers; and
·
Notices, Objections and Powers of Entry.
Section 16 of the Act provides that a local government may
delegate to the CEO the exercise of its powers and duties. It was
proposed at the time of the last policy review that Council delegate to the CEO
its powers and duties under the Act (which it did). Minor amendments were
also made to the policy.
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.
In accordance with Section 16(1) of the Act Council may exercise
its power of delegation to the CEO to exercise any of the local government’s
powers or the discharge of any of its duties provided for in Part 3 of the
Act. Council have delegated these powers to the CEO under Delegation GV1.
RELEVANT
PLANS AND POLICIES
In August 2017 the CEO commissioned a high level independent review of the
City’s governance systems - the GSR. 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.
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 1 – Community and Key Goal Area 2 - Places and Spaces of the City’s Strategic Community Plan
2017 and specifically the following
Community Objective/s:
a. 1.1: A friendly safe and inclusive community with a
strong community spirit;
b. 2:2: Attractive parks and open spaces that create
opportunities for people to come together, socialise and enjoy a range of
activities.
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 practice with
respect to providing a reward to deter damage to City property.
CONSULTATION
No
specific consultation was undertaken in relation to the review of the Policy.
OFFICER
COMMENT
The purpose of the Policy
is to set guidelines for the rewarding of a person who provides
information as to the identity of an offender who has vandalised or damaged
City property. The information provided must lead to a successful
conviction or a successful outcome on the matter.
While retaining the CEO’s
ability to decide on an appropriate level of reward, it is recommended that a maximum
reward value of $1,000 be included within the Policy. This will provide
additional clarity and assist in managing expectations. It is however
also recommended that the Policy provides scope for the CEO and Mayor to agree
on a higher value reward in circumstances where it may be appropriate (although
not expected to be often).
Other than minor editing associated
with transfer of the Policy into the new template, the only other change is to
include Elected Members in paragraph 5.6 which prohibits City employees and WA
Police, and proposed Elected Members, from receiving rewards under the Policy.
CONCLUSION
The Policy maintains Council’s
pro-active commitment to deterring damage to City property and proposed only
one substantive change as outlined.
OPTIONS
Council could decide not to adopt
the Policy and instead choose to take a different positon / approach in
relation to Vandalism. Council could also require further amendments 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 revised Vandalism - Reward for
information relating to the damage of City property policy as per Attachment A,
to replace the current policy (Attachment B).
|
COMMITTEE
RECOMMENDATION
That the Council
rescind Vandalism - Reward for information relating to the damage of
City property policy.
LAPSED
FOR WANT OF A MOVER
|
Cr Bennett foreshadowed
an alternative motion which is reflected as per below:
|
COUNCIL DECISION
C1810/208 Moved Councillor R Bennett, seconded Councillor L
Miles
That
the Council adopts the revised Vandalism – Reward for information
relating the damage of City property policy as per Attachment A, with the
addition of the word ‘may’ in between ‘offenders’ and
‘reduce’ in the first sentence of paragraph 5.2, to replace the
current policy (Attachment B).
CARRIED 7/1
Voting:
For the
motion: Councillor
G Henley, Councillor P Carter, Councillor L Miles, Councillor J McCallum,
Councillor R Reekie, Councillor R Bennett and Councillor K Hick.
Against the
motion: Councillor R Paine.
|
18. Motions
of which Previous Notice has been Given
Nil
19. urgent
business
19.1 VARIATION
OF RESTRICTED BURNING TIMES TO MEET SEASONAL CONDITIONS
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SUBJECT INDEX:
|
Emergency Management
|
|
STRATEGIC OBJECTIVE:
|
A friendly safe and inclusive
community with a strong community spirit.
|
|
BUSINESS UNIT:
|
Environmental Services
|
|
ACTIVITY UNIT:
|
Ranger and Emergency Services
|
|
REPORTING OFFICER:
|
Community Emergency Services
Manager - Blake Moore
|
|
AUTHORISING OFFICER:
|
Director, Planning and Development
Services - Paul Needham
|
|
VOTING REQUIREMENT:
|
Simple Majority
|
|
ATTACHMENTS:
|
Nil
|
PRÉCIS
The purpose of
this report is to seek the extension and bringing forward of the restricted
burning times from 02 November 2018 to 15 October 2018 due to seasonal
conditions pursuant to Section 18 (5) of the Bush Fires Act 1954. Given
the short timeframes involved, it is asked that the Council consider this
matter as urgent business.
BACKGROUND
Due to rapidly changing seasonal
conditions, lack of spring rainfall in some areas of the City and a recent fire
there is concern that the current date of 2 November 2018 may be too late for
the restricted burning times to commence.
As we are currently in an open
burning season there are few conditions that apply to persons lighting a fire.
By bringing restricted burning times forward this will then bring in the requirement
for all persons lighting a fire in the open air to have obtained a permit
before being able to burn. These permits are issued by Fire Control Officers
that are responsible for an area where they have local knowledge and are able
to place additional conditions on each permit if warranted.
STATUTORY
ENVIRONMENT
Pursuant to
Section 18 of the Bush Fires Act 1954 (the Act), a local government may vary
the restricted burning times.
(5) Subject
to subsection (5B) in any year in which a local government considers that
seasonal conditions so warrant the local government may, after consultation
with an authorised CALM Act officer if forest land is situated in its district
—
a) vary
the restricted burning times in respect of that year in the district or a part
of the district by —
i. shortening,
extending, suspending or reimposing a period of restricted burning times; or
ii. imposing
a further period of restricted burning times;
(5B) A variation
shall not be made under subsection (5) if that variation would have the effect
of —
b) shortening
the restricted burning times by; or
c) suspending
the restricted burning times, or any prescribed condition, for,
more than 14 successive days
during a period that would, in the absence of the variation under subsection
(5), be part of the restricted burning times for that zone in that year.
RELEVANT
PLANS AND POLICIES
There are no plans or policies
relevant to this matter
FINANCIAL
IMPLICATIONS
There are
no financial implications associated with the Officers Recommendation.
LONG-TERM
FINANCIAL PLAN IMPLICATIONS
There are
no long term financial plan implications associated with the Officers
Recommendation.
STRATEGIC
COMMUNITY OBJECTIVES
This matter aligns primarily to Key
Goal Area 1 – Community of the City’s Strategic Community Plan, and
specifically community objective 1.1: A friendly, safe and inclusive community
with a strong community spirit.
RISK
ASSESSMENT
An
assessment of the potential implications of implementing the Officer
Recommendation has been undertaken using the City’s risk assessment
framework. No significant risks have been identified. As discussed in the
Officer Comment below, the Officer Recommendation serves to mitigate an
identified risk associated.
CONSULTATION
There has been formal consultation
with the DBCA CALM Act officer, Ed Hatherley, Chief Bush Fire Control Officer,
Allan Guthrie and a teleconference with the City of Busselton Fire Control
Officers on Friday, 7 November 2018; all supported a request to vary the restricted
burning times.
OFFICER
COMMENT
The fire behaviour experienced last
week during a fire in Yallingup Siding, for which a Bush Fire Advice was
issued, was more significant than had been expected.
As there is currently no means to
place conditions on burning currently taking place, there is the potential of a
fire becoming uncontrolled between now and the current date of restricted
burning commencing on 2 November 2018.
Due to a lack of spring rainfall in
some areas of the City and changing seasonal conditions, the soil dryness and
Keetch-Byram Drought Indexes are currently tending at the same levels as the
2015/16 fire season (Esperance and Waroona Yarloop) levels.
In order to reduce the risk to the
community and infrastructure, bringing the restricted burning time period
forward will enable additional conditions to be placed on burning being
conducted. This will potentially reduce the risk of a fire becoming
uncontrolled.
CONCLUSION
In order to reduce the risk of
uncontrolled fires, it is recommend that the Council endorse the change of
dates for the restricted burning time to allow control and conditions over all
fires that are to be lit within the City. Given the short timeframes involved,
it is asked that the Council consider this matter as urgent business. The City
would also need to take pro-active steps to communicate the change, and that
would include advice through multiple channels, including conventional and
social media, as well as via the City’s website and networks.
OPTIONS
The
Council could:
1. Determine that there is no
requirement to vary the restricted burning times and therefore reject the
request for variation; or
2. Vary the restricted burning times
with an amended date of their choosing, up to 14 days earlier than the period that
would otherwise apply.
TIMELINE
FOR IMPLEMENTATION OF OFFICER RECOMMENDATION
Should
the variation be endorsed the restricted burning times would be shifted to 15
October 2018 and would be advertised in the local media outlets as soon as
possible as required by the Bush Fires Act 1954 (the Act) Section 17(8) and
(9).
20. Confidential
Reports
Nil
21. Closure
The Presiding Member closed the meeting at 5.41pm.
THESE MINUTES CONSISTING OF PAGES 1 TO 51 WERE CONFIRMED AS A TRUE
AND CORRECT RECORD ON Wednesday, 24
October 2018.
DATE:_________________ PRESIDING MEMBER: _________________________