MEETING NOTICE AND AGENDA – 28 November 2018

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 28 November 2018, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

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

Mike Archer   CHIEF EXECUTIVE OFFICER

16 November 2018

Agenda FOR THE Council MEETING TO BE HELD ON 28 November 2018

TABLE OF CONTENTS

 

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

2....... Attendance. 5

3....... Prayer. 5

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

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

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

Announcements by the Presiding Member. 5

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

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

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 14 November 2018. 5

Committee Meetings. 5

8.2          Minutes of the Finance Committee meeting held on 15 November 2018. 5

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

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

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

12..... Reports of Committee. 7

12.1        Finance Committee - 15/11/2018 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 31 OCTOBER 2018. 7

12.2        Finance Committee - 15/11/2018 - BUDGET AMENDMENT REQUEST / REVIEW... 40

13..... Planning and Development Services Report. 47

14..... Engineering and Work Services Report. 47

15..... Community and Commercial Services Report. 48

15.1        SETTLEMENT ART PROJECT UPDATE. 48

16..... Finance and Corporate Services Report. 51

16.1        STANDING ORDERS AMENDMENT LOCAL LAW... 51

17..... Chief Executive Officers Report. 61

17.1        COUNCILLORS' INFORMATION BULLETIN.. 61

18..... Motions of which Previous Notice has been Given.. 72

19..... urgent business. 72

20..... Confidential Matters. 72

21..... Closure. 72

 

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

 

Nil

3.               Prayer

4.               Application for Leave of Absence  

5.               Disclosure Of Interests

6.               Announcements Without Discussion

Announcements by the Presiding Member 

7.               Question Time For Public

Response to Previous Questions Taken on Notice 

Public Question Time For Public

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 14 November 2018

Recommendation That the Minutes of the Council Meeting held 14 November 2018 be confirmed as a true and correct record.

Committee Meetings

8.2             Minutes of the Finance Committee meeting held on 15 November 2018

RECOMMENDATION   That the Minutes of the Finance Committee Meeting held 15 November 2018 be noted.

 

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

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

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

12.             Reports of Committee

12.1           Finance Committee - 15/11/2018 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 31 OCTOBER 2018

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:	Financial Services
REPORTING OFFICER:	Manager Financial Services - Kim Dolzadelli
AUTHORISING OFFICER:	Director Finance and Corporate Services  - Tony Nottle
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a   Statement of Financial Activity - Period Ending 31 October 2018⇩ Attachment b    Investment Report - Period Ending 31 October 2018⇩

 

This item was considered by the Finance Committee at its meeting on 15 November 2018, the recommendations from which have been included in this report. 

 

PRÉCIS

 

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

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 31 October 2018.

 

BACKGROUND

 

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

 

§   Annual budget estimates

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

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

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

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

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 25 July 2018, the Council adopted (C1807/138) the following material variance reporting threshold for the 2018/19 financial year:

 

“That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2018/19 financial year as follows:

 

·    Variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/or seasonal adjustments are to be reported on a quarterly basis; and

·    Reporting of variances only applies for amounts greater than $25,000.”

 

STATUTORY ENVIRONMENT

 

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

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

 

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

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

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

 

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

 

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

 

CONSULTATION

 

Not applicable

 

OFFICER COMMENT

 

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

 

§   Statement of Financial Activity

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

 

 

 

 

§   Net Current Position

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

 

 

§   Capital Acquisition Report

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

·   Land and Buildings

·   Plant and Equipment

·   Furniture and Equipment

·   Infrastructure

 

§   Reserve Movements Report

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

 

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

 

COMMENTS ON FINANCIAL ACTIVITY TO 31 OCTOBER 2019

 

The Statement of Financial Activity for the period ending 31 October 2018 shows a better than expected Net Current Position “Surplus” of $35.826M being $9.387M higher than year to date budget (YTD budget) of $25.951M.

 

The following summarises the major variances in accordance with Council’s adopted material variance reporting threshold that collectively make up the above difference:

 

 

 

Operating Income:

 

Year to date actual income from ordinary activities is $984K more than expected when compared to YTD budget, with the following items meeting the material variance reporting threshold set by Council for the 2018/2019 Financial Year.

 

 

 

Operating Grants:

 

The main items affected are listed below:

 

 

 

Other Revenue:

 

The main items affected are listed below:

 

Interest Earnings:

 

Interest earnings are better than YTD Budget by $180K, this is better than expected interest errant on restricted assets YTD.

 

Operating Expenditure:

 

Expenditure from ordinary activities, excluding depreciation, is $2.44M less than expected when compared to YTD budget, with the following items meeting the material variance reporting threshold set by Council for the 2018/2019 Financial Year.

 

Materials and Contracts:

 

The main items affected are listed below:

 

 

Utilities:

There is an overall variance in utility charges of $118K; this variance is spread over 364 individual line items with an average variance of only $324 per item.

 

Depreciation:

There is an overall variance in depreciation of $960K, it should be noted that this is a non-cash item and does not impact on the City’s surplus position.  The variance can be attributed to the fact that Fair Valuation of infrastructure assets was completed post budget adoption and the increase in valuation was unable to be included in the 2018/2018 budget.

 

Insurance:

There is an YTD variance in insurance costs of $136K, this is of a timing issue only.

 

Other Expenditure:

There is an YTD variance in other costs of $685K, this is considered a timing issue only, and the main items affected are listed below:

 

 

 

 

Allocations:

Allocations are running $143K under YTD budget; these items are an internal allocation of administrative costs from the Finance and Corporate Services division.

 

Borrowing Costs – Interest Expenses:

Interest expenses are $39k less than YTD budget, no new loans have been taken at this point in time.

 

Non-Operating Grants, Subsidies and Contributions:

Non-Operating Grants, Subsidies and Contributions are less than YTD budget by $3.127M with the main items impacting on the above result being the timing of the receipt of “Airport Development - Project Grant” with a current negative result of $2.73M and Contributions – Public Art $371K less than YTD Budget.

 

Capital Expenditure

As at 31 October 2018, there is a variance of -59.67% or -$11.66M in total capital expenditure with YTD actual at -$7.84M against a YTD budget of -$19.44M. The airport development makes up for $4.91M, Busselton Tennis Club – Infrastructure $1.24M, Plant and Equipment purchases $1M, Council Roads Initiative projects $933K, Eastern Link - Busselton Traffic Study $900K, Main Roads projects $716K , Sanitation Infrastructure $640K, Parks Gardens and Reserves $457K, Senior Citizens Building project, Beach Restoration $250K, Furniture and Equipment $213K, Dunsborough Cycleway $213K and Busselton Jetty Precinct (769,723).  These items of under expenditure also assists in explaining the above current YTD shortfall in Non-Operating Grants.

 

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

 

Investment Report

 

Pursuant to the Council’s Investment Policy, a report is to be provided to the Council on a monthly basis, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio. The report is also to provide details of investment income earned against budget, whilst confirming compliance of the portfolio with legislative and policy limits.

 

As at 31^st October 2018 the value of the City’s invested funds totalled $83.3M, up from $80.8M as at 30^th September. The increase is due to the inflow of funding associated with the annual rate levies.

 

During the month of October two term deposits held with two different institutions totalling $4.5M matured. All were renewed for a further 152 days at 2.67% (on average).

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) increased by $2.5M.

 

The balance of the Airport Development ANZ cash account remained steady this month.

 

The RBA left official rates on hold during October. Future movements remain uncertain at this point.

 

 

Chief Executive Officer – Corporate Credit Card

Details of monthly (September to October) transactions made on the Chief Executive Officer’s corporate credit card are provided below to ensure there is appropriate oversight and awareness of credit card transactions made.

 

Date	Amount	Payee	Description
29-Sep-18	$110.00	Riverview On Mount Street	Accommodation - Cr McCallum Attending Tennis Awards
26-Sep-18	$158.00	Aloft Perth	Accommodation - Maxine Palmer Attending Tennis Awards
01-Oct-18	$280.00	Tennis West Burswood	Tennis Industry Awards 2018 x 2 Registrations
08-Oct-18	$185.00	Local Government Managers Assocn.	LG Professionals Membership T King
08-Oct-18	$80.00	NPA WA West Perth	Attend Nationals WA Sundowner (Mayor)
08-Oct-18	$59.99	Snapfish Australia	Departure Gift – Cliff Frewing Canvas Print
15-Oct-18	$56.30	Tall Timbers Manjimup	Lunch Meeting with Minister (CEO/Mayor)
15-Oct-18	$156.55	Kingsley Motel Manjimup	Accommodation For Mayor
16-Oct-18	$95.10	The Good Egg	Lunch CEO, Mayor and City of Bunbury
25-Oct-18	$486.00	Spice Odysee	Council Meeting Dinner
26-Oct-18	$25.00	Local Government Managers Assocn.	Refunded next period

*Funds debited against CEO Annual Professional Development Allowance as per employment Contract Agreement

+ Allocated against CEO Hospitality Expenses Allowance

 

CONCLUSION

 

As at 31 October 2018, the City’s financial performance is considered satisfactory. 

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION   That the Council receives the statutory financial activity statement reports for the period ending 31 October 2018, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 

Council		15		28 November 2018
12.1	Attachment a		Statement of Financial Activity - Period Ending 31 October 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council		37		28 November 2018
12.1	Attachment a		Statement of Financial Activity - Period Ending 31 October 2018

 

Council		38		28 November 2018
12.1	Attachment b		Investment Report - Period Ending 31 October 2018

 

12.2           Finance Committee - 15/11/2018 - 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 15 November 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.    Funds Held in Trust

2.    Recognition of income for shared Library Consortia resource

3.    Recognition of Income - Regional Every Club Funding Program

4.    Recognition of Income – Community Child Care Fund Sustainability Support

5.    Busselton Lion Club – Youth Activities

 

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

 

Consultation has occurred with the appropriate Council officers.

 

OFFICER COMMENT

 

The Officer recommends the following requested budget amendments to the Finance Committee for consideration and recommendation to Council.

 

1.    “Funds Held in Trust”

 

Community Appeals Trust:

 

The City currently holds $1,000.40 in the Community Appeals Trust which dates back to 2002, this amount represents the balance of Council Funds placed into trust to be used to support victims of the Bali bombings, the last payment from this fund was made in October 2005.

 

Officers recommend that the amount of $1,000.40 be transferred from the Community Appeals Trust fund to Council Reserve Fund “Emergency Disaster Recovery Reserve”.

 

Sundry Other Trusts:

 

The City currently holds $24,240.63 in the Sundry Other Trusts which is made up of $1400 – BSN BMX Club (2006) and $22,840.63 is from the Yallingup Hall Committee (2015).

 

It is understood that the BMX Club have not been in operation since 2006, former members of the club committee have been contacted by City officers and it is recommended that these funds be transferred to the Municipal fund and utilised on rails for trails expenditure.

 

Further to the above the Yallingup Hall Committee handed back the hall to Council and disbanded in 2015 and the City of Busselton since then has been fully responsible for the hall.  This being the case it is recommended that the $22,840.63 be transferred from trust into the City’s “Building Asset Renewal Fund” for use on the hall when required.

 

Planned Expenditure Items

Officers propose that the 2018/2019 adopted budget be amended to reflect the following funding changes, shown in Table 1.

 

 

 

 

 

 

Table 1:

 

 

Proposed Outcome

Transfer of defunct Trust funds held.

 

2.    “Recognition of income for shared Library Consortia resource”

 

The City is a member of the SW Library Consortia (SWLC), consisting of 12 members. In 2017, the SWLC successfully procured and went on to implement across 22 libraries a shared library management system and associated operating procedures. This achieved significant savings for members who were able to divest of outdated and unsupported library software and moved to the latest in cloud-based technology. 

 

The new system has also reduced IT support requirements for individual libraries but resourcing of day to day issues, (usually user error), training and deployment of new functionality and system upgrades is still required.  It is inefficient and a duplication of overheads for each member library to individually resource this core function and therefore the Consortia approached all participating members with a proposal for a dedicated consortia resource to manage these issues and deploy new features.  The Consortia requested a contribution from each member based population.

 

The City has allocated $14,800 in the 2018/19 budget for its share of the resource; as this resource is to be hosted by the City of Busselton a budget amendment to recognise the other Consortia member contributions to the resource and associated expense is required.

 

Planned Expenditure Items

The amendments shown below in Table 2 will reflect the other Consortia member contributions and associated offset expenditure.

 

Table 2:

Proposed Outcome

Provide financial support to the Library Consortia which in turn will enhance patrons experience, address duplication across the 12 member Local Governments and provide dedicated support to member Local Governments. There will be no impact on the adopted budget.

 

 

3.    “Recognition of Income - Regional Every Club Funding Program”

 

The City has been successful in securing a grant for $40,000 over 2 years from the Department of Local Government, Sport and Cultural Industries to deliver a range of strategic planning workshops and community workshops for sports in the region.

 

This project has been developed in partnership with the surrounding City of Busselton Local Government Authorities (Shires of Capel and Augusta Margaret River), with the key outcome being to educate the club volunteers and to have sustainable associations and clubs by conducting strategic planning workshops. The project is also designed to assist targeted sporting associations and clubs to plan their resources and growth and will also support the development of the City of Busselton’s Recreation Facilities Strategy.

 

Planned Expenditure Items

Year 1 funding agreement is from 1 September 2018 to 31 August 2019. ($20,000)

Year 2 funding agreement is from 1 September 2019 to 31 August 2019. ($20,000)

 

Expenditure will be used for contractor and staff time, meeting and workshop facilitation.

 

The amendments shown in Table 3 are sought for approval.

 

Table 3:

 

 

Proposed Outcome

Recognition of Grant Funding and programme activities.

 

 

4.    “Recognition of Income – Community Child Care Fund Sustainability Support”

 

The City has been successful in securing a grant for $64,000 over 2 years from the Commonwealth Department of Education and Training to deliver a range of strategies aimed at assisting the sustainability of the outside school hours care vacation care program at Naturaliste Community Centre.

 

 

This projects’ key outcomes are to formulate and implement a number of business, programming, marketing, training and staffing strategies with the aim to increase utilisation and improve service sustainability. Part of the process will be to engage a consultant to review the service and make recommendations regarding policy and procedure, target marketing, compliance and training.

 

Planned Expenditure Items

Year 1 funding agreement is from 1 July 2018 to 30th June 2019. ($41,000)

Year 2 funding agreement is from 1 July 2019 to 30 June 2020. ($23,000)

 

Expenditure will be used for the following over the 2 years in accordance with the grant agreement

 

1.    Consultants /professional fees ($15,000)

2.    Transport costs ($5,000)

3.    Changes to business practices ($4,000)

4.    Additional operating costs ($2,000)

5.    Additional target marketing ( $10,000)

6.    Educational resources and materials ($23,000)

7.    Wages and training ($5,000)

 

The amendments shown in Table 4 are sought for approval.

 

Table 4:

 

 

Proposed Outcome

Recognition of Grant Funding and programme activities.

 

5.    “Busselton Lion Club – Youth Activities”

 

The City of Busselton was presented with a cheque for $3,000 by the Busselton Lions Club at the Youth Centre on Friday 2nd November 2018.  The Lions Club are keen to support youth initiatives.

 

Planned Expenditure Items

The funding is to be used to support the youth cooking program at the Youth Centre and will include the purchase of cooking equipment and a lockable storage cupboard.  The purpose of this proposed budget amendment is to include this funding as revenue and corresponding expenditure in Council’s  2018/19 Budget.

 

The amendments shown in Table 4 are sought for approval.

 

 

Table 5:

 

 

Proposed Outcome

Recognition of Grant Funding and programme activities.

 

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.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That Council endorse the requested budget amendments outlined in tables 1 to 5 below, resulting in no change to an amended budgeted surplus position of $0.

 

Table 1:

Table 2:

 

 

Table 3:

 

 

Table 4:

 

 

Table 5:

 

 

 

13.             Planning and Development Services Report

Nil

14.             Engineering and Work Services Report

Nil

15.             Community and Commercial Services Report

15.1           SETTLEMENT ART PROJECT UPDATE

SUBJECT INDEX:	Arts and Culture
STRATEGIC OBJECTIVE:	A community with access to a range of cultural and art, social and recreational facilities and experiences.
BUSINESS UNIT:	Community Services
ACTIVITY UNIT:	Community Services
REPORTING OFFICER:	Cultural Development Officer - Jacquie Happ
AUTHORISING OFFICER:	Director, Community and Commercial Services - Naomi Searle
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Nil

  

PRÉCIS

 

The Settlement Art Project (SAP) is a public art initiative commemorating the successful establishment of Busselton as one of the first settlements outside Perth. The project involves the commissioning of six life-sized bronze sculptures (one per year) at a total cost of approximately $770,000 (inc GST) with fundraising by a community fundraising group.

 

The Settlement Art Project Steering Committee (SAPSC) manages the project on behalf of the Council to commission and raise funds for the sculptures.

 

The purpose of this report is to provide Council with an update on the project as per requirements of Terms of Reference of the SAPSC.

 

BACKGROUND

 

In November 2011 Council awarded Tender 1/11 to Greg James (C1111/342) for the commissioning of SAP sculptures. In June 2013, the SAPSC was established (C1306/139) to provide a vehicle by which the commissioning of the sculptures could be overseen; and to initiate and coordinate fundraising activities.

 

At a formal meeting of the SAPSC on 9 January 2014 (BSA1401/010) the Committee recommended that the order of commissioning for the first three sculptures be changed to:

1. Whaler’s Wife installed on 14 March 2014

2. Timber Worker installed on 5 September 2015.

3. John Garrett (JG) Bussell installed on 3 September 2016.

 

The fourth sculpture, the Spanish Settler, was recommended to be commissioned by the SAPSC on 8 September 2016 (SAP1609/022) and was installed on 14 October 2017.

 

The fifth sculpture, Gaywal, the Aboriginal sculpture, was recommended to be commissioned by the SAPSC on 2 February 2017 (SAP1702/024).  The sculpture was commissioned in January 2018 and is currently completed to clay form with unveiling planned for 12^th January 2019.   It will be installed on the corner of Adelaide Street and Queen Street (on the pathway adjacent to the Department of Biodiversity, Conservation and Attractions).

 

The sixth and final sculpture, the Pioneer Woman, following Council approval, is anticipated to be commissioned in February 2019 with installation in November 2019. The sculpture will feature a woman holding onto her hat with a basket of produce on her arm. The proposed location is on the corner of Adelaide and Queen Streets, outside the Weld Theatre.

 

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (the Act), a local government, by absolute majority, may establish committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees. 

 

Authority can be delegated to formally constituted Committees of Council in accordance with Sections 5.16 and 5.17 of the Act.

 

RELEVANT PLANS AND POLICIES

 

It is the goal of the City’s Social Plan (2015-2025) that our culture is celebrated, valued and retained. The SAP is in line with this goal.

 

FINANCIAL IMPLICATIONS

 

The Committee have raised $3,126.90 in the 2018/19 financial year of which $476.90 was deposited to the National Trust Appeal Account and $2,650 allocated to the City’s Public Art Reserve. Further fundraising is planned. Funding for completion of the Aboriginal man and commissioning of the Pioneer Woman has been allocated in the 2018/19FY budget.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There is a budget provision of $20,000 in the 2019/20 LTFP for completion of the Pioneer Woman statue.  There are no long term financial plan implications associated with the officer recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This project aligns with Key Goal Area 1 – Community of the City of Busselton Strategic Community Plan 2017 and specifically Community Objective 1.3: A community with access to a range of cultural and art, social and recreational facilities and experience.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation have been undertaken using the City’s risk assessment framework, and no  risks were identified where the residual risk, once controls are considered, is medium or greater.

CONSULTATION

 

Aboriginal Community Representatives have been consulted with regards to the sculpture and have written the interpretation text for the plaque, to  be provided in English and Aboriginal language.  Cultural custodians have been contacted to provide cultural information for the sculpture.

 

The South West Aboriginal Land and Sea Council have been updated on the project and have provided guidance on the unveiling ceremony along with cultural protocols to be observed.  They have also referred Council to the Noongar Language Centre for correct spelling of Aboriginal language for the interpretive plaque.  

 

 

OFFICER COMMENT

 

The SAPSC have commissioned the Aboriginal sculpture of Gaywal, according to the outcomes of the consultation with Aboriginal community members undertaken in early 2017.  The sculpture is expected to be completed for installation on the corner of Adelaide Street and Queen Street, Busselton with the unveiling ceremony on 12 January 2019. 

 

There have been delays in completing the sculpture due to illness and confirmation of the cultural information that was required for elements of the sculpture, however these have now been resolved and the sculpture is on track for completion in January 2019.  The Aboriginal Representative Group have viewed and approved the clay frame.

 

The SAPSC have continued their fundraising efforts with further activities planned.

 

CONCLUSION

 

This report provides an update on the Settlement Art Project.

 

OPTIONS

 

N/A

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

N/A

 

OFFICER RECOMMENDATION   That the Council receives the project update report.

  

16.             Finance and Corporate Services Report

16.1           STANDING ORDERS AMENDMENT LOCAL LAW

SUBJECT INDEX:	Local Laws
STRATEGIC OBJECTIVE:	Governance systems, process and practices are responsible, ethical and transparent.
BUSINESS UNIT:	Corporate Services
ACTIVITY UNIT:	Legal Services
REPORTING OFFICER:	Legal Officer - Briony McGinty
AUTHORISING OFFICER:	Director Finance and Corporate Services  - Tony Nottle
VOTING REQUIREMENT:	Absolute Majority
ATTACHMENTS:	Attachment a   Amendment Local Law⇩ Attachment b    First Report⇩

  

PRÉCIS

 

Council previously resolved to authorise the preparation and advertising of the proposed City of Busselton Standing Orders Amendment Local Law 2018 (Proposed Local Law). The purpose of this report is for Council to consider submissions received in relation to the Proposed Local Law and to consider whether to make the Proposed Local Law pursuant to Section 3.12 of the Local Government Act 1995 (the Act).

 

It is recommended that Council resolve to make the Proposed Local Law.

 

BACKGROUND

 

The City of Busselton Standing Orders Local Law 2018 was published in the government gazette on 4 April 2018. Following gazettal, the Standing Orders were sent to the Joint Standing Committee on Delegated Legislation (JSC). On 25 July 2018 the Council resolved to provide the following undertakings to the JSC:

 

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

 

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

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

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

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

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

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

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

 

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

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

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

 

In order to effect this undertaking, a draft local law incorporating the requirements of the JSC was presented to Council. As the draft was being prepared it was also considered an opportunity to amend two other matters that had been identified by the City with regard to the Standing Orders. The two issues were the Order of Business and the timing of Notices of Motion. These two issues were discussed in the report which was presented to the Council at its meeting on 12 September 2018. See Attachment B.

 

Council resolved on 12 September 2018:

 

That the Council:

 

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

 

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

 

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

 

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

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

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

 

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

 

Pursuant to abovementioned Council Resolution the Proposed Local Law was published for public comment and a copy given to the Minister for Local Government. No public submissions have been received. The response from the Department of Local Government, Sport and Cultural Industries (DLGSC) is discussed under the Officer Comment section of this report.

 

The advice and comments received from DLGSC did not result in any changes being made to the original version of the local law which was presented to Council at its 12 September 2018 meeting.  The Proposed Local Law is now referred back to Council to consider whether or not to make the Proposed Local Law. 

 

 

STATUTORY ENVIRONMENT

 

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

 

The procedure for making local laws is set out in section 3.12 of the Act and Regulation 3 of the Local Government (Functions and General) Regulations 1996. Under section 3.12(4) of the Act, Council is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was originally proposed. A decision to make a local law has to be supported by an absolute majority of Council. 

 

If Council resolves to make the Proposed Local Law then the process required under section 3.12(5) and (6) of the Act needs to be carried out. Section 3.12(5) requires that the local law be published in the Government Gazette and a copy be provided to the Minister for Local Government. Section 3.12(6) requires that after the local law has been published in the Government Gazette, the City must give local public notice stating the title of the local law, summarising the purpose and effect of the local law and advising that copies of the local law may be inspected or obtained from the City offices.

 

In accordance with section 3.14 of the Act the local law will come into operation 14 days after publication in the Government Gazette.

 

RELEVANT PLANS AND POLICIES

The City has adopted a Code of Conduct to be observed by Council members in accordance with Section 5.103(1) of the Act.

The Council policy ‘Meetings, Information Sessions and Decision-making Processes’ sets out the guidelines for provision of information to Councillors and the Council and other matters relating to the various forums utilised.

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the Proposed Local Law will come from the Legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose. Making and implementing the Proposed Local Law should not have any other financial implications for the City.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

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

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal aligns with Key Goal Area 6 – Leadership of the City of Busselton Strategic Community Plan 2017 and specifically community objective 6.1: Governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

The Proposed Local Law does not involve major departures from current practices and is therefore considered low risk.

 

 

CONSULTATION

 

The Proposed Local Law was advertised publicly in both local and state-wide newspapers from Wednesday 26 September 2018 for a minimum of 6 weeks in accordance with the requirements under section 3.12(3)(a) of the Act. No public submissions have been received.

 

In accordance with section 3.12(3)(b) of the Act a copy of the Proposed Local Law was forwarded for consideration and comment to the Minister for Local Government.  The DLGSC responded on behalf of its Minister and suggested one minor changes to the Proposed Local Law, discussed under Officer Comment below.

 

OFFICER COMMENT

 

The DLGSC suggested amending clause 3 (the “Principal Local Law” clause) by inserting “as published in the Government Gazette on 4 April 2018” after the citation title.

 

However, it is considered that this suggestion is unnecessary, and may lead to confusion if further amendments are made in the future. Accordingly, the Proposed Local Law remains as was originally presented to the Council.

 

CONCLUSION

 

The City has previously undertaken to the JSC to amend the Standing Orders Local Law 2018. The Proposed Local Law has been prepared and advertised publicly in accordance with the Act. No significant changes have been recommended to the Proposed Local Law. It is recommended that Council resolve to make the Proposed Local Law.

 

OPTIONS

 

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

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council resolve to make the Proposed Local Law it will need to be gazetted and will come into operation 14 days after publication. The timeframe for completion of the gazettal process is approximately thirty days from the date of the Council resolution.

 

 

OFFICER RECOMMENDATION   That the Council:   1.            Resolves to make the City of Busselton Standing Orders Amendment Local Law 2018 in    accordance with section 3.12(4) of the Local Government Act 1995. 2.            Authorises the Chief Executive Officer to carry out the processes required to make the City            of Busselton Standing Orders Amendment Local Law 2018 in accordance with section 3.12(5)             and section 3.12(6) of the Local Government Act 1995.

 

Council		55		28 November 2018
16.1	Attachment a		Amendment Local Law

 

 

Council		57		28 November 2018
16.1	Attachment b		First Report

 

 

 

 

 

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:	Councillors' Information Bulletin
STRATEGIC OBJECTIVE:	Governance systems, process and practices are responsible, ethical and transparent.
BUSINESS UNIT:	Governance Services
ACTIVITY UNIT:	Governance Services
REPORTING OFFICER:	Administration Officer - Governance - Kate Dudley
AUTHORISING OFFICER:	Chief Executive Officer - Mike Archer
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a   Planning Applications received by the City between 16 October, 2018 and 31 October, 2018⇩ Attachment b    Planning Applications determined by the City between 16 October, 2018 and 31 October, 2018⇩

  

PRÉCIS

 

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

 

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

 

INFORMATION BULLETIN

17.1.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 16 October, 2018 and 31 October, 2018. A total of 44 formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 16 October, 2018 and 31 October, 2018. A total of 31 applications (including subdivision referrals) were determined by the City during this period with 30 approved / supported and 1 refused / not supported.

 

17.1.2    Tender Updates

 

RFT08/18 SUPPLY OF SOILS AND MULCH

 

·    The evaluation has been completed and a preferred tenderer has been recommended.

·    A contract was awarded by the CEO in November 2018 to Landsave Organics Pty Ltd.

 

 

RFT09/18 PROVENCE ESTATE LANDSCAPE MAINTENANCE

 

·    The evaluation has been completed and a preferred tenderer has been recommended.

·    A contract was awarded by the CEO in October 2018 to Landscape and Maintenance Solutions Pty Ltd.

 

RFT12/18 CONSTRUCTION OF BUSSELTON TENNIS CLUBHOUSE

 

·    Negotiations as to variations to the contract with I.C. Developments Pty Ltd T/A Innovest Construction (Innovest) have been finalised and the contract was awarded by the CEO in October 2018 to Innovest.

 

RFT13/18 PROVISION OF GYM EQUIPMENT FOR GEOGRAPHE LEISURE CENTRE, BUSSELTON

 

·    The evaluation has been completed and a preferred tenderer has been recommended.

·    It is anticipated that a contract will be awarded by the CEO in November 2018.

 

RFT14/18 CONTAMINATED SITES INVESTIGATION WORKS

 

·    The evaluation has been completed and two preferred tenderers have been recommended.

·    A contract for the first task in the project was awarded by the CEO in November 2018 to Welarm Pty Ltd and a contract for the second task was awarded by the CEO in November 2018 to Senversa Pty Ltd.

 

RFT15/18 CONSTRUCTION OF FREIGHT HUB CIVIL AND SERVICES INFRASTRUCTURE

 

·    Requirement – the construction of the freight hub civil and services infrastructure at Busselton-Margaret River Airport.

·    A Request for Tender was advertised on 10 October 2018 with a closing date of Tuesday 30 October 2018. 

·    A total of 3 tenders were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    A report was presented to Council at the Council Meeting of 14 November 2018.

·    Council endorsed the officer recommendation to delegate authority to the CEO to negotiate and agree final terms and conditions and to award a contract with Ertech Pty Ltd and that if, in the discretion of the CEO, agreement cannot be reached with Ertech Pty Ltd then the CEO may negotiate and agree final terms and conditions and enter into a contract with APH Contractors Pty Ltd.

·    It is anticipated that a contract will be awarded in November 2018.

 

RFT16/18 OLD BUTTER FACTORY REPAIR WORKS

 

·    Requirement – repair and rectification works to the Old Butter Factory following fire damage to the building.

·    A Request for Tender was advertised on 20 October 2018 with a closing date of 9 November 2018. 

·    No submissions were received.

·    The CEO will determine how best to proceed with procurement of these works.

 

 

RFT17/18 PORT GEOGRAPHE FINGER JETTY REPLACEMENT

 

·    Requirement – the demolition of existing finger jetty or jetties (as determined by the City) located at the Port Geographe Marina boat launching facility in Busselton and the replacement of such jetty or jetties with floating pontoon style finger jetty or jetties.

·    A Request for Tender was advertised on 3 November 2018 with a closing date of 20 November 2018. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    It is anticipated that a contract will be awarded in December 2018.

 

17.1.3    Donations Contributions and Subsidies Fund – October 2018

 

The Council allocates an annual budget allowance to the Donations, Contributions and Subsidies (Sponsorship Fund).  This is provided such that eligible groups and individuals can apply for and receive sponsorship to assist them in the pursuit of endeavours that bring direct benefit to the broader community.  Allocation of the funds is delegated to the Chief Executive Officer, in accordance with published guidelines and funding availability.

 

Nine applications were supported in October 2018, totalling $2,950.00 as outlined in the table below:

 

App. No.	Recipient		Purpose		Amount
October 2018
25/18-19		Dunsborough & Districts Progress Association		Funding to assist with costs for running the free community event 'Hannay Lane Street Party' to celebrate and support local business in Dunsborough.		$1,000.00
26/18-19		Busselton RSL		Funding to cover the cost of purchasing materials for local groups and schools to make poppies for the Remembrance Day Service.		$600.00
27/18-19		Busselton Primary School		Year 6 graduation assembly award. The City’s sponsorship recognises student achievement.		$100.00
28/18-19		Busselton Population Medical Research Institute		Funding to cover the cost of hiring the Ballaarat room - venue for the Relaunch of the Baby Boomer Study held on 13 October 2018.		$175.00
30/18-19		Yallingup Steiner School		Year 6 graduation assembly award. The City’s sponsorship recognises student achievement.		$100.00
31/18-19		Our Lady of the Cape Primary School		Year 6 graduation assembly award. The City’s sponsorship recognises student achievement.		$100.00
32/18-19		St Mary MacKillop College		Year 6 and Year 12 graduation assembly awards. $100 for primary and $200 for high school. The City’s sponsorship recognises student achievement.		$300.00
33/18-19		Geographe Education Support		Funds to cover hire fee of the Undalup Room - venue for end of year awards ceremony and celebration.		$275.00
34/18-19		Georgiana Molloy Anglican School		Year 6 and Year 12 graduation awards $100 for primary and $200 for high school. The City’s sponsorship recognises student achievement.		$300.00
				October Total		$2,950.00

 

 

OFFICER RECOMMENDATION   That the items from the Councillors’ Information Bulletin be noted: ·    17.1.1              Planning & Development Services Statistics ·    17.1.2              Tender Updates ·    17.1.3              Donations Contributions and Subsidies Fund – October 2018

 

Council		65		28 November 2018
17.1	Attachment a		Planning Applications received by the City between 16 October, 2018 and 31 October, 2018

 

 

 

 

Council		70		28 November 2018
17.1	Attachment b		Planning Applications determined by the City between 16 October, 2018 and 31 October, 2018

 

 

 

 

18.             Motions of which Previous Notice has been Given

Nil  

19.             urgent business

20.             Confidential Matters

Nil

21.             Closure