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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 30 October 2019

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS. 3

2....... Attendance. 3

3....... Prayer. 3

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

5....... Disclosure Of Interests. 4

6....... Announcements Without Discussion.. 4

7....... Question Time For Public. 4

8....... Confirmation and Receipt Of Minutes. 6

Previous Council Meetings. 6

8.1          Minutes of the Council Meeting held 9 October 2019. 6

Committee Meetings. 7

8.2          Minutes of the Policy and Legislation Committee Meeting held 8 October 2019. 7

8.3          Minutes of the Airport Advisory Committee Meeting held 16 October 2019. 7

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 7

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 7

11..... Items brought forward.. 7

ADOPTION BY EXCEPTION RESOLUTION.. 9

12.1        Policy and Legislation Committee - 8/10/2019 - LOCAL PLANNING POLICY REVIEW - REVOCATION OF LOCAL PLANNING POLICIES (LPP2C, LPP5C & LPP5D). 9

12.2        Policy and Legislation Committee - 8/10/2019 - CITY CENTRE FACADE REFURBISHMENT SUBSIDY PROGRAMME. 25

12.3        Policy and Legislation Committee - 8/10/2019 - RESCISSION OF COUNCIL POLICY: 064 AND 064/1 REGARDING TOURISM DIRECTIONAL SIGNAGE AND ADOPTION OF NEW COUNCIL POLICY: TOURISM DIRECTIONAL INFORMATION SIGNAGE. 50

12.4        Policy and Legislation Committee - 8/10/2019 - REVIEW OF COUNCIL POLICIES: URBAN ART AND PUBLIC ARTWORK. 72

12.5        Policy and Legislation Committee - 8/10/2019 - POLICY REVIEW - WASTE COLLECTION SERVICE. 89

17.1        COUNCILLORS' INFORMATION BULLETIN.. 102

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE). 108

12.6        DELEGATION TO AWARD TENDERS RELATING TO THE AIRPORT DEVELOPMENT PROJECT. 108

13..... Planning and Development Services Report. 113

14..... Engineering and Work Services Report. 114

15..... Community and Commercial Services Report. 115

16..... Finance and Corporate Services Report. 116

18..... Motions of which Previous Notice has been Given.. 117

19..... urgent business. 117

20..... Confidential Reports. 117

21..... Closure. 117

 


Council                                                                                      3                                                                  30 October 2019

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 30 October 2019 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

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Kelly Hick             Deputy Mayor

Cr Ross Paine

Cr Paul Carter

Cr Lyndon Miles

Cr Sue Riccelli

Cr Kate Cox

Cr Phill Cronin

Cr Jo Barrett-Lennard

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Mrs Emma Heys, Governance Coordinator

Ms Melissa Egan, Governance Officer

 

Apologies:

 

Nil

 

Approved Leave of Absence:

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

11

3.               Prayer

The prayer was delivered by Pastor Nathan Seinemeier of Cornerstone Church.

4.               Application for Leave of Absence

Nil

5.               Disclosure Of Interests

Nil

6.               Announcements Without Discussion

Announcements by the Presiding Member

The Presiding Member noted the City of Busselton was nominated for a national award from Parks and Leisure Australia Awards of Excellence for Park of the Year for the Busselton Foreshore Jetty Precinct. The City did not win the award but was one of five parks in Australia to be nominated.

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

Nil

Question Time for Public

 

7.1             Ms Julia Avery

 

Question

Does Council think it is acceptable for the City of Busselton to employ contractors who have threatened and used a security fence as a weapon against three members of the public, witnessed by a journalist, without provocation?

 

Response

I can only say I am not aware of those allegations. I would not like to think any of our contractors would undertake an unlawful activity.

 

Question

What happens next? Will the Council do something about it? Will you talk to the contractor and say this is not on? Or do you stop works until an investigation is made?

 

Response

As we are not aware of the allegations, there is not much the Council can do about it. It’s not a member of Council, it’s not a member of staff.

 

Response (Cr Sue Riccelli, with leave of the Presiding Member)

I was just going to comment, with my previous background as a police officer, that this is a police matter. Until the allegations are proven, it does lie in the hands of the police at this point.

 

7.2             Mrs Margaret Strong

 

Question

                   Why are Council proceeding with the Eastern Link when the survey conducted clearly stated that the community did not support this project?

                  

                   Response

                   We have had numerous community surveys where traffic congestion has been raised as a high priority in the community. We established this as a direction in 2015 and it was again endorsed by Council in 2016. It was placed in the budget in 2017 and went through a lengthy environmental process including several appeals at a state and federal level - those clearances have been given. Money has been put in the budget, state and federal funding has been obtained for the project and we still believe this will be the best value-for-money way to ease traffic congestion in the entries to Busselton town centre.

 

7.3             Ms Ellie McKie

 

Question

                   Why are Council supporting the Eastern Link when the engineers that prepared the Busselton traffic study did not support the project?

 

                   Response

                   One of the considerations they had at the time was that the land the Eastern Link was being constructed on was PTA land – Public Transport Authority – so it was the old train corridor into Busselton. It was anticipated we would have to pay essentially market value to buy that land and it would be quite expensive. The Transport Minister at the time obtained the land for us at no cost, which then changed the business case and the affordability (we swapped some land with St John Ambulance).

 

                   Question

                   And is it true, where the roundabout goes over, where the fire engine shed is, is that all going to go?

 

                   Response

                   No, the roundabout will impact the southern end of that block. That is actually two blocks. It will only impact the empty block, on the south-eastern side of that block.

 

7.4             Mrs Lesley Dewar

 

Question

                   It was my understanding that a special meeting of electors about the project [Eastern Link] was cancelled last year because there didn’t appear to be sufficient interest to validate holding a special meeting of electors. Would Council agree to stop the Eastern Link project and hold a special meeting of electors to hear the community’s concerns now the fence has been erected? I do believe now the fence is up and people can see the size of what is happening here, the interest of the community would be much greater than had previously been the case.

 

                   Response

                   I am not sure that we were holding a special meeting of electors. I don’t recall being petitioned to do that. We did have a resolution to conduct further community consultation which we did in several community forums that were attended by around 80 people. They were very well advertised. They were on front pages of the local paper. We have advertised this project now for over four years. We’ve awarded a tender to construct the road works. We have state and federal funding of over half the cost. If we were to halt proceedings now, the contractor would probably have legal grounds or recourse and we stand to lose some of that other funding. Council has acted lawfully in the environmental process and the budgeting and financial process in determining this project.

 

                  

Question

                   I find as a newish resident, I found it was not easy to become aware of what was happening. I do think there would have been more community support for an alternative route had the size of this project been so visual and the fences were up.

 

                   I did a search on Rotary Park and found it is highly touted on the internet as a prime destination for families to picnic, for tourists to enjoy the peace and quiet of the park so close to the CBD. What are people going to see now?

 

                   Response

                   Rotary Park won’t change. You will still access Rotary Park where you access it now. The park will not be impinged upon at all by the construction of the Eastern Link.

 

                   Question from Cr Carter to Mrs Dewar (with leave of the Presiding Member)

                   You mentioned about the scale of the Eastern Link and wanting to find an alternative, what alternative would be a lesser scale than what we are proposing?

 

                   Response from Mrs Dewar

                   I am not such a long resident of Busselton as to be able to answer your question. I do know there was an alternative route proposed but not pushed through for consideration by the Council, but I have not been able to fully investigate that yet.

 

                   Response (Mr Oliver Darby, Director Engineering & Works Services, with leave of the Presiding Member)

                   I’d be quite happy to arrange a meeting with yourself to actually see the scope and scale of the project. The fencing is not indicative of the construction site. It is not the whole site you see within the fencing.

 

                   Response from Mrs Dewar

                   I will take you up on that, thank you.

 

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 9 October 2019

COUNCIL DECISION

C1910/204              Moved Councillor L Miles, seconded Councillor R Paine

That the Minutes of the Council Meeting held 9 October 2019 be confirmed as a true and correct record.

CARRIED 9/0

 


 

Committee Meetings

8.2             Minutes of the Policy and Legislation Committee Meeting held 8 October 2019

COUNCIL DECISION

C1910/205              Moved Councillor K Hick, seconded Councillor J Barrett-Lennard

That the Minutes of the Policy and Legislation Committee Meeting held 8 October 2019 be noted.

CARRIED 9/0

 

8.3             Minutes of the Airport Advisory Committee Meeting held 16 October 2019

COUNCIL DECISION

C1910/206              Moved Councillor K Hick, seconded Councillor J Barrett-Lennard

That the Minutes of the Airport Advisory Committee Meeting held 16 October 2019 be noted.

CARRIED 9/0

 

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.

 

COUNCIL DECISION

C1910/207              Moved Councillor L Miles, seconded Councillor K Hick

 

That the Committee Recommendations in relation to the agenda items 12.1, 12.2, 12.3, 12.4, 12.5 and the Officer Recommendation in relation to agenda item 17.1 be carried en bloc:

 

12.1        Policy and Legislation Committee - 8/10/2019 - LOCAL PLANNING POLICY REVIEW - REVOCATION OF LOCAL PLANNING POLICIES (LPP2C, LPP5C & LPP5D)

12.2        Policy and Legislation Committee - 8/10/2019 - CITY CENTRE FACADE REFURBISHMENT SUBSIDY PROGRAMME

12.3        Policy and Legislation Committee - 8/10/2019 - RESCISSION OF COUNCIL POLICY: 064 AND 064/1 REGARDING TOURISM DIRECTIONAL SIGNAGE AND ADOPTION OF NEW COUNCIL POLICY: TOURISM DIRECTIONAL INFORMATION SIGNAGE

12.4        Policy and Legislation Committee - 8/10/2019 - REVIEW OF COUNCIL POLICIES: URBAN ART AND PUBLIC ARTWORK

12.5        Policy and Legislation Committee - 8/10/2019 - POLICY REVIEW - WASTE COLLECTION SERVICE

17.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 9/0

EN BLOC

 


Council                                                                                      13                                                               30 October 2019

ADOPTION BY EXCEPTION RESOLUTION

12.             Reports of Committee

12.1           Policy and Legislation Committee - 8/10/2019 - LOCAL PLANNING POLICY REVIEW - REVOCATION OF LOCAL PLANNING POLICIES (LPP2C, LPP5C & LPP5D)

GOAL

OBJECTIVE

2. PLACE AND SPACES Vibrant, attractive, affordable

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

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   LPP 2C: Traffic Assessment

Attachment b    LPP 5C: Relative Ancillary Accommodation

Attachment c    LPP 5D: Food and Wine Sales  

 

This item was considered by the Policy and Legislation Committee at its meeting on 8 October 2019, the recommendations from which have been included in this report.

 

COUNCIL DECISION

C1910/208              Moved Councillor L Miles, seconded K Hick

 

That the Council:

 

1.    Revoke the following Local Planning Policies as set out below:

 

·    LLP 2C: Traffic Assessment;

 

·    LPP 5C: Relative Ancillary Accommodation; and

 

·    LPP 5D: Food and Wine Sales.

 

2.    Advertise the notice of revocation in a newspaper circulating within the Scheme area in accordance with Clause 6 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED 9/0

En Bloc

EXECUTIVE SUMMARY

In March 2019 the City commenced a review of its 38 local planning policies (LPPs). Stage 1 of this review was policy neutral and converted the LPPs into a new format, took them out of the existing manual structure and separated them into individual policies. The City has now commenced Stage 2 of this process which involves reviewing the content and relevance of all LPPs.

 

Due to the large number of LPPs, it is intended to break the review of the LPPs into smaller “rounds”. As part of this initial round, three LPPs have been identified as being no longer necessary and are therefore proposed to be revoked. The three LPPs proposed to be revoked are the following –

·    LPP 2C: Traffic Assessment;

 

·    LPP 5C: Relative Ancillary Accommodation; and

 

·    LLP 5D: Food and Wine Sales.

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) provide that LPPs may be prepared by a local government in respect of any matter related to the planning and development of the Scheme area. 

 

The intention of an LPP is to provide guidance to applicants and developers in regards to the decision making process as well as to the local government when exercising discretion under the Scheme. LPPs must be consistent with the intent of the relevant Scheme provisions, including the R-codes, and cannot vary development standards or requirements set out in a Scheme or impose any mandatory requirements upon development.

 

LPPs are to be given due consideration in the assessment of development and are listed as a “matter to be considered” when making a determination of a development application under Clause 67 of Schedule 2 of the Regulations – ‘Deemed Provisions for Local Planning Schemes’ (Deemed Provisions).

 

In March 2019 the City commenced the first stage of the LPP review. This stage was policy neutral and did not alter the intent or provisions within the LPPs, however reformatted the LPPs into a new, easier to read template and took the LPPs out of a manual structure, separating them into individual policies.

 

These changes were adopted by the Council at its meeting held on 27 March 2019 (C1903/053).

 

The City has now commenced the second stage of this process and is reviewing the content and relevance of its LPPs. Due to the number of LPPs, and the complexity of issues which need to be addressed, this review is intended to be broken down into a number of “rounds”. As part of this initial round, the City has identified a number of LPPs which are considered to be redundant for various reasons. It is proposed that another round of LPPs to be revoked will be presented to the Council later in 2019.

 

As part of this round, the following three LPPs have been identified as being redundant and are recommended to be revoked:

 

·                LPP 2C: Traffic Assessment;

 

·                LPP 5C: Relative Ancillary Accommodation; and

 

·                LPP 5D: Food and Wine Sales.

 

A further, more comprehensive description of each of the above LPPs and the reasons why they are considered to be redundant is provided within the Officer Comment section of this report. The LPPs will be revoked following a Council resolution via a notice of revocation published in a local newspaper.

OFFICER COMMENT

Below is a description of each of the LPPs that City officers are recommending be revoked and the reasons why they are now considered redundant.

LPP 2C: Traffic Assessment

At its meeting held on 8 June 2011, the Council resolved to initiate LPP2C: Traffic Assessment (C1106/176).

 

The purpose of this LPP was to provide clearer direction to proponents on the level of information that the City required to assess traffic matters in its consideration of various planning applications. The decision to implement a new LPP was prompted from a decision of the Western Australian State Administrative Tribunal (WASAT) Greenelm Pty Ltd and City Of Swan [2010] WASAT 142 in which it was determined a Road Safety Audit should normally be required prior to a Council’s determination of an application.

 

At the time the Scheme did not outline the information required to be submitted with applications when dealing with traffic impacts. It was considered that not all proposals would have the same traffic impact and that higher impact proposals should address this issue in a more detailed and analytical way than smaller less impacting proposals.

 

The LPP was adopted by the Council at its meeting held on 28 September 2011 (C1109/290).

 

In 2016 the then Department of Planning (now Department of Planning, Lands and Heritage or ‘DPLH’) updated and endorsed a set of Traffic Impact Assessment (TIA) Guidelines. These guidelines specify the same thresholds as LPP2C for when a Transport Impact Statement (TIS) or TIA is required to be provided for a scheme amendment, structure plan, activity centre plan, subdivision or individual developments. They also provide technical guidance on what should be considered as part of a TIS or TIA. All applications for any of the above mentioned proposals must be prepared having regard to the current 2016 DPLH TIA guidelines. 

 

It is therefore considered that this LPP is redundant and it is recommended that that it be revoked. Should the LPP be revoked, an Information Sheet will be prepared for the City’s website referring applicants and developers to the DPLH Guidelines.

 

LPP 5C: Relative Ancillary Accommodation

Clause 84 (16) of Town Planning Scheme No. 20 (rescinded on 15 October 2014) included provisions regarding ancillary accommodation within the Rural Residential zone. At the time there were no provisions for ancillary accommodation within other zones, noting that requirements for ‘Ancillary Dwellings’ within the Residential zone are prescribed under the Residential Design Codes of WA (R-codes) and not within the Scheme or LPP of the City.

 

At its meeting held on 14 December 2005 the Council initiated for the purposes of public consultation a review of the City’s existing Relative Accommodation Policy to introduce new provisions to allow relative accommodation within the Agricultural (now Rural), Viticulture and Tourism, Conservation, Rural Landscape and Bushland Protection zones (CO512/387).

 

The former Policy was renamed to its current title LPP5C: Relative Ancillary Accommodation (LPP5C).  At its meeting held on 23 May 2007 a final version of the LPP5C was adopted by the Council (CO705/123).

 

Subsequent to this on 15 October 2014, Local Planning Scheme No. 21 was gazetted and introduced Clause 5.31 – Ancillary Accommodation in Rural Areas which stated as follows –

 

5.31 Ancillary Accommodation in Rural Areas

Where ancillary accommodation is approved in a rural zone, it must—

a)    be integrated in terms of design, colours and materials;

b)    be physically linked by form of roof cover to the single house, with the maximum separation not exceeding 10m;

c)    contain not more than one bedroom;

d)    utilise shared laundry facilities;

e)    not exceed 80m2 of floor area; and

f)     be for the exclusive use of family members.

 

As the clause stated that it applied to “a Rural zone” there was some ambiguity regarding which zones this clause applied to as there are several different zones that may be considered as being “rural” in nature. Therefore as part of Amendment 28 (Omnibus 4) of the Scheme this clause was amended, and renumbered, as follows - 

 

4.32 Ancillary Accommodation in Rural Areas

Where ancillary accommodation is approved in the Rural, Viticulture and Tourism, Rural Residential, Rural Landscape, Conservation or Bushland Protection zone, it must -

a)    be integrated in terms of design, colours and materials;

b)    be physically linked by form of roof cover to the single house, with the maximum separation not exceeding 10m;

c)    contain not more than one bedroom;

d)    utilise shared laundry facilities;

e)    not exceed 80m2 of floor area; and

f)     be for the exclusive use of family members.

 

As a result of the insertion of these provisions into the Scheme it is considered that LPP5C is essentially a duplicate of Scheme provisions.  The LPP is therefore considered redundant and it is recommended that it be revoked.

 

LPP 5D: Food and Wine Sales

When Town Planning Scheme No. 5 (TPS5) was rescinded and replaced with Town Planning Scheme No. 20 (TPS20) the ‘Agriculture’ (now ‘Rural) and ‘Viticulture and Tourism’ zones were introduced. TPS20 introduced ‘Restaurant’ as a discretionary land use not required to be advertised (‘AA’) in the ‘Viticulture and Tourism’ Zone. ‘Restaurant’ however remained a ‘Prohibited’ (‘X’) land use in the ‘Rural’ zone.

 

In the following years, a need was identified amongst many local, rural based attractions, such as wineries and cellar door sales operations, not within the ‘Viticulture and Tourism’ zone, to permit the ancillary sale of food to accompany the principal land use of wine sales or rural produce sales (Rural Enterprises). However, as ‘Restaurant’ was a prohibited land use in the ‘Rural’ zone, the only way the City could permit such practices was through a Scheme amendment to introduce an Additional Use right to allow a Restaurant. This process is expensive and time consuming.

 

The Scheme did, and still does, include provisions for land uses to be permitted where they form an ancillary, incidental or subsidiary use to the principal land use. The extent of an activity to meet the requirements of the Scheme as an ancillary, subsidiary or incidental use is not defined in the Scheme. In response to this issue, Council resolved to prepare a new LPP which would define the level of operation and scale of food serving activities that could be considered as an acceptable ancillary use to an approved Winery, Rural Enterprise or Rural Industry within the Agriculture and Viticulture/Tourism zones given the benefits of the integration of these activities.

 

The LPP included provisions regarding physical integration of the food sales with the principal business activity, maximum floor areas and capacity and sharing of services and facilities. The intent of this policy was to ensure that the ancillary use be limited in scale to avoid small facilities evolving into independently operated and functioning restaurants.

 

The LPP was endorsed by the Council at its meeting held on 10 March 2010 (C1003/069).

 

On the 20 August 2013 Omnibus 6 (Amendment 125) to TPS20 was gazetted and ‘Restaurant’ was changed to an “AA” (discretionary land use not required to be advertised) land use in the ‘Rural’ zone.

 

As a result of the change, allowing Restaurants to be considered in the Rural zone, the LPP became redundant.  It is therefore recommended that the LPP be revoked.

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 (Act) and related subsidiary legislation, including the City of Busselton Local Planning Scheme No. 21 (Scheme) and the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), especially Schedule 2 (Deemed Provisions) of the Regulations, which form part of the Scheme.

 

The Deemed Provisions include procedures for the creation, amendment and revocation of an LPP. Clause 6(b) of Part 2 of Schedule 2 of the Deemed Provisions allows a local planning policy to be revoked by a notice of revocation prepared by the local government and published in a newspaper circulating in the Scheme area.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Part 2, Division 2 of the Deemed Provisions requires that a local government undertake consultation before adopting or amending a local planning policy (although a minor amendment can be made without consultation). At least 21 days must be allowed for the making of submissions.

 

The Deemed Provisions do not require the same consultation when a LPP is to be revoked and an LPP can be revoked via a notice of revocation published in a newspaper circulating in the Scheme area.

Risk Assessment

An assessment of the risks associated with the implementation of the officer recommendations has been undertaken using the City’s risk assessment framework. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could choose to not revoke one or more of the LPPs recommended to be revoked as part of this report.

CONCLUSION

It is recommended that the Council support the proposed policy changes and initiation as described in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the officer recommendation would involve advertising the policy proposals. It is expected that this will occur within one month of the Council decision.

  


Council

18

30 October 2019

12.1

Attachment a

LPP 2C: Traffic Assessment

 


 


 


 


 


Council

21

30 October 2019

12.1

Attachment b

LPP 5C: Relative Ancillary Accommodation

 


 


 


Council

24

30 October 2019

12.1

Attachment c

LPP 5D: Food and Wine Sales

 


 


 


Council                                                                                      30                                                               30 October 2019

12.2           Policy and Legislation Committee - 8/10/2019 - CITY CENTRE FACADE REFURBISHMENT SUBSIDY PROGRAMME

STRATEGIC GOAL

STRATEGIC OBJECTIVE

2. PLACE AND SPACES Vibrant, attractive, affordable

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

SUBJECT INDEX

City Centre Facade Refurbishment Subsidy Programme

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Planning Officer - Corey Smith

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

Attachment b    Application Location Plans

Attachment c    Occy's Brewery Proposed Works

Attachment d   Hobson's Proposed Works  

 

This item was considered by the Policy and Legislation Committee at its meeting on 8 October 2019, the recommendations from which have been included in this report.

 

COUNCIL DECISION

C1910/209              Moved Councillor L Miles, seconded Councillor K Hick

That the Council resolve:

1.    That the application to upgrade the facade at Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme and to contribute $9,375 towards the works;

2.    That the application to upgrade the facade at Lot 163 (No. 67-77) Queen Street, Busselton is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme and to contribute $20,625 towards the works;

3.    To enter into a legal agreement with the owners/tenants of the properties in resolution 1 and 2, to provide for the payment of funds once the works are completed to the City’s satisfaction and final costs substantiated, such legal agreement to include the requirements for appropriate recognition of the City’s contribution to the City’s satisfaction.

CARRIED 9/0

En Bloc

EXECUTIVE SUMMARY

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

BACKGROUND

Council resolved on 13 March 2013 to trial a programme for the 2013/14 and 2014/15 financial years, by allocating $20,000 in the 2013/14 financial year and $50,000 in the 2014/15 financial year towards a facade refurbishment subsidy programme.

 

On 29 January 2014 Council adopted the Busselton City Centre Facade Refurbishment Subsidy Programme and on 10 December 2014 resolved to add a portion of the Dunsborough Town Centre to the ‘eligible area’.

 

Prior to the 2016/17 subsidy programme rounds, Council resolved to amend the criteria to add in ‘design works’ and alfresco associated works to the eligible criteria list. The amended programme, now called the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme (the Programme), is provided as Attachment A.

 

The City recently invited expressions of interest in the 2019/2020 funding round of the Programme, which closed on 15 April 2019. It is noted that the budget allocation for the 2019/2020 financial year is only $30,000.  Two completed applications have been received and are the subject of this report. The applications include one proposal located within the Dunsborough Town Centre and one within the Busselton Town Centre. Location plans of these applications are provided as Attachment B.

The applications to be considered are as follows:

 

1.    Occy’s Brewery – Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough

The applicant proposes to renew the existing facade of the subject building facing Lions Park by replacing the existing retractable awning with a larger fixed awning. This includes fabrication of the awning structure, fixing the awning to the front elevation of the building with steel rod ties, installing electrical cable to allow for under awning lighting, and painting the underside cladding. The applicant has concurrently applied for planning approval. Attachment C details the proposed works.

 

2.    Hobson’s - Lot 163 (No. 67-77) Queen Street, Busselton

The applicant proposes to refurbish the existing facades of the four shopfronts facing Queen Street by replacing awning roof covers and ceiling linings with new zinc sheeting and colourbond lining, replacing existing spray on render and tiles with acrylic render, repairing inner ceiling linings, replacing pillars with newly cladded and painted columns, replacing/repairing fixings and turn buckles, and replacing a window/door frame with a new aluminium window/door frame.  Attachment D details the proposed works.

OFFICER COMMENT

The two applications have been assessed against the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme. Both applications are within the eligible area of the Programme which the City has identified as a priority for upgrades. The Programme identifies works which will be considered as eligible for funding and excludes works such as general maintenance, which should be occurring regularly without the Programme as ‘ineligible’ for subsidy funding.

 

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


 

Occy’s Brewery – Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough

The applicant has applied for a subsidy contribution for the works associated with a new fixed awning as summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Internal structural steel and external truss framing for awning – materials.

$7770

Eligible works

$7770

Internal Structural steel and external truss framing for awning – labour.

$9379

Eligible works

$9379

Cladding of awning –materials.

$1237

Eligible works

$1237

Cladding of awning – labour.

$1870

Eligible works

$1870

Electrical – materials.

$450

Eligible works

$450

Electrical – labour.

$1045

Eligible works

$1045

Painting – materials.

$514

Eligible works

$514

Painting – labour.

$1485

Eligible works

$1485

Total Expenditure (ex GST)

$23,750

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

Calculations: $23,750 - $5,000/2 = $9,375

$9,375

 

The eligible works meet the assessment criteria of the Programme as they will:

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

·    Visually improve the streetscape due to a refurbished façade; and

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

 

It is recommended that subsidy funding of up to $9,375 for eligible works be provided.

 


 

Hobson’s - Lot 163 (No. 67-77) Queen Street, Busselton

The applicant has applied for a subsidy contribution for the works associated with a refurbished facade as summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Replace awning roof cover and ceiling lining with new zinc sheeting and colourbond lining (all shops) – labour and materials.

$27250

Eligible works

$27250

Replace existing spray on render and tiles with acrylic render (Shops 2 and 4 only) – labour and materials.

$6500

Eligible works

$6500

Replace/repair inner ceiling lining to forecourt of shop entry (Shop 2 only) – labour and materials.

$3750

Eligible works

$3750

Replace coated pillars with newly cladded and painted columns (Shop 2 only) – labour and materials.

$2800

Eligible works

$2800

Replace/repair fixings and turn buckles of awning ties (all shops) – labour and materials.

$8500

Eligible works

$8500

Replace window/door frame and fit new aluminium window/door frame (Shop 4 only) – labour and materials.

$17000

Ineligible works

(No detailed elevations of proposed works provided).

$17000

Total Expenditure (ex GST)

$65,800

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

Calculations: $65,800 – ($17,000 + $5000)/2 = $21,900

$21,900

Available funding for Financial Year ($30,000-$9,375)

$20,625

 

The eligible works meet the assessment criteria of the Programme as they will:

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

·    Visually improve the streetscape due to a refurbished facade. 

 

It is recommended that subsidy funding of up to $20,625 for eligible works be provided. This is capped due to the total funding available for this financial year ($30,000 - $9,375 = $20,625).


 

Statutory Environment

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

Relevant Plans and Policies

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

 

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

 

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

 

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

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

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

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

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

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

Financial Implications

A budget of $30,000 for the subsidy programme is provided for in the City budget for the 2019/2020 financial year.

Stakeholder Consultation

Expressions of interest were sought for the Programme from 18 March to 15 April 2019 via a letter sent to all relevant property owners, and advertising in the newspaper was conducted. City officers also conducted door knocking and consulted business owners throughout the eligible Busselton and Dunsborough localities.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

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

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

CONCLUSION

It is considered by officers that elements of both proposals comply with criteria set out in the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme. It is recommended that the subsidy funding of $9,375 for Occy’s Brewery and $20,625 for Hobson’s be supported.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation if supported will require the applicant to enter into a legal agreement with the City to complete the works and arrange for the subsidy funding to be paid prior to the end of the 2019/20 financial year.


Council

36

30 October 2019

12.2

Attachment a

Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

 


 


 


 


 


 



Council

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30 October 2019

12.2

Attachment b

Application Location Plans

 




 



 


 


 


Council

48

30 October 2019

12.2

Attachment c

Occy's Brewery Proposed Works

 


 


 


Council

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30 October 2019

12.2

Attachment d

Hobson's Proposed Works

 


Council                                                                                      54                                                               30 October 2019

12.3           Policy and Legislation Committee - 8/10/2019 - RESCISSION OF COUNCIL POLICY: 064 AND 064/1 REGARDING TOURISM DIRECTIONAL SIGNAGE AND ADOPTION OF NEW COUNCIL POLICY: TOURISM DIRECTIONAL INFORMATION SIGNAGE

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Engineering and Facilities Services

REPORTING OFFICER

Manager, Engineering and Facilities Services - Daniell Abrahamse

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Current Council Policy: Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta-Margaret River Shire Councils

Attachment b    Current Council Policy: Integrated Directional Information System

Attachment c    Proposed Council Policy: Tourism Directional Information Signage  

 

This item was considered by the Policy and Legislation Committee at its meeting on 8 October 2019, the recommendations from which have been included in this report.

 

COUNCIL DECISION

C1910/210              Moved Councillor L Miles, seconded Councillor K Hick

That the Council:

1.       rescinds the Council Policies entitled ‘Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta Margaret River Shire Councils’ (Attachment A) and ‘Integrated Directional Information System – Concept Plan – Cape to Cape Region (Attachment B) /effective immediately; and

 

2.    adopts proposed Council Policy ‘Tourism Directional Information Signage’ as per Attachment C, inclusive of Committee requested amendments, as detailed within:

 

CARRIED 9/0

En Bloc

 


 

Reasons:                 The Committee considered the wording in 2.2(d) “or any subsequent Local Planning Schemes” to be unnecessary. The Committee considered 5.4 to be an unnecessary limitation on the Policy. In making its recommendation, the Committee also wanted to note that, despite its title, officers confirmed that a policy reflective of Policy 064 is not currently in place at the Shire of Augusta Margaret River and therefore the Committee is not recommending that a joint policy in effect is rescinded.

 

EXECUTIVE SUMMARY

This report recommends the rescission of Council policies 064 ‘Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta Margaret River Shire Councils’ (Council Policy 064) (Attachment A) and 064/1 ‘Integrated Directional Information System – Concept Plan – Cape to Cape Region Council Policy’ (Council Policy 064/1) (Attachment B), with the policies having been reviewed as part of the City’s overall review of its Council policies.

 

Officers have in parallel developed a new Council policy, Tourism Directional Information Signage (Attachment C), which outlines the principles for quality tourism signage throughout the region. 

 

Necessary operational elements of Council Policy 064 and Council Policy 064/1 are proposed to be moved to an Operational Practice document to ensure that the guidelines utilised by the organisation are not lost.

 

BACKGROUND

Council Policy 064/1, previously reviewed in July 2014, aims to provide an outline of the integrated directional information system for the Cape to Cape Region, with the system intended to provide safe and useful directional information to the travelling public, enabling road users to readily locate recognised tourist attractions and tourist facilities within the region.

 

Council Policy 064/1 also notes that the City of Busselton and the Shire of Augusta Margaret River (SAMR) are working towards implementing a joint signage policy for tourism directional signs, covering the Cape to Cape Region.

 

Council Policy 064/1, in its current form, predominately describes information relating to intersection and road signs as they are regulated by Australian Standards and Main Roads WA regulations and guidelines.  The City has developed and implemented a Policy Framework, which sets out the intent of Council policies as opposed to operational practices and, upon reviewing Council Policy 064/1, it was felt that the policy did not convey the Council’s strategic intent for tourism signage within the region and that the content replicated regulations and guidelines and/or was operational in nature.

 

Council Policy 064 similarly provides largely operational guidelines for the implementation and management of tourism directional signage between the City and SAMR. Officers from the SAMR and the City have recently managed the delivery of a CapeROC funded report – the Capes Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report – which includes a review and application of a condition rating for a range of identified tourism signs, along with recommendations for maintenance and renewal.  This work will be ongoing through CapeROC however in the interim it is recommended that Council Policy 064 is rescinded as it is dated and no longer relevant.

 

OFFICER COMMENT

Council Policy 064 and 064/1 include information relating to different types of signs, location of signs and the installation of signs, noting that many of the tourism directional signs within the City fall under the jurisdiction of Main Roads WA and are the subject of Australian Standards and Main Roads WA regulations.  While both policies contain significant operational guidelines for tourism signage, neither provides a statement of the Council’s strategic intent for tourism signage.  It is therefore proposed that they are rescinded and a new policy is implemented which does this. 

 

The purpose of the proposed new policy is to outline the strategic intent for the provision of safe, useful and consistent tourism directional signage within the City of Busselton, with the new policy designed to complement existing regulations and legislation, without seeking to replicate or potentially dilute them. 

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 policies. The Council does this on recommendation of a Committee it has established in accordance with Section 5.8 of the Act.

Relevant Plans and Policies

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems – the Governance Systems Review (GSR). The GSR made a number of recommendations with respect to the City’s policy and procedure framework. In response the City developed a policy framework which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter. 

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.    Decide to retain Council policy 064 and / or 064/1; or

2.    Decide to make amendments to the proposed new policy.

 

CONCLUSION

In accordance with the City’s Policy Framework, a review of Council Policy 064 and Council Policy 064/1 has identified that they contain predominately regulatory information and serve as operational guidelines; and lack a statement of Council’s strategic intent for tourism signage.  They are therefore recommended for rescission. The proposed new policy more clearly sets out the principles of quality tourism signage to be applied within the City of Busselton.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be implemented immediately on adoption.

 


Council

60

30 October 2019

12.3

Attachment a

Current Council Policy: Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta-Margaret River Shire Councils

 


 


 


 


 


 


Council

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30 October 2019

12.3

Attachment b

Current Council Policy: Integrated Directional Information System

 


 


 


 


 


 


 


 


 


Council

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30 October 2019

12.3

Attachment c

Proposed Council Policy: Tourism Directional Information Signage

 


 


Council                                                                                      76                                                               30 October 2019

12.4           Policy and Legislation Committee - 8/10/2019 - REVIEW OF COUNCIL POLICIES: URBAN ART AND PUBLIC ARTWORK

STRATEGIC GOAL

STRATEGIC OBJECTIVE

1. COMMUNITY: Welcoming, friendly, healthy

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

SUBJECT INDEX

CMTY016: Community Programs

BUSINESS UNIT

Community Services

REPORTING OFFICER

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Urban Art Policy 2019

Attachment b    Public Artwork Policy 2019

Attachment c    017 Urban Art Policy

Attachment d   Public Artwork Policy  

 

This item was considered by the Policy and Legislation Committee at its meeting on 8 October 2019, the recommendations from which have been included in this report.

 

COUNCIL DECISION

C1910/211              Moved Councillor L Miles, seconded Councillor K Hick

That the Council adopts the:

1.         Urban Art Policy as per Attachment A, inclusive of Committee amendments as detailed below, to replace the current policy (Attachment C):

 

 

 

 

and

2.         Defer consideration of the revised Public Artwork Policy.

CARRIED 9/0

En Bloc

 

Reasons:              All references to “Urban Artwork” were changed to “Urban Art” to reflect the correct

terminology throughout the Policy.

 

The definition of “Graffiti” was amended to delete specific references to legislation, as the Committee considered it to be unnecessary.

 

EXECUTIVE SUMMARY

This report presents two Council policies for adoption: Urban Art and Public Artworks, having been reviewed as part of the City’s overall review of its Council policies. Both policies have been transferred to the new Council policy template, and amended to remove operational content, repetition and generally streamline the policy content.

 

BACKGROUND

Council policy 017 ‘Urban Art’ was adopted in June 2013 and further reviewed in December 2017. This policy deals with the creation of urban artwork within the City of Busselton.

 

In March 2018, Council policy ‘Public Artwork’ was adopted. This policy deals with artworks on City owned or managed spaces that are commissioned by the City or through Developer Contributions, received by donation or on loan.

 

The City has developed and implemented a Policy Framework, which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices. The two policies have been transferred to the new Council policy template and reviewed by officers and, being considered of continuing importance, are presented for the Council’s consideration.

 

OFFICER COMMENT

The purpose of both Council policies is to encourage and guide the community in relation to firstly, urban artwork projects and secondly public artworks, located on City owned or managed property and infrastructure.

 

Combining the policies was considered however through the review process it was noted that the provision of urban art and public artworks fulfil different objectives and that the process by which they are created is different. Public artworks are generally created by an artist away from the site and brought into place by the City. Urban art is created on site generally by application from an artist which the City approves. While there are synergies between the two policies, for this reason, officers are recommending they remain as separate policies.

 

Council policy Urban Art (Attachment A) has been substantially amended to remove the operational content and streamline the remaining strategic aspects.

 

Council policy Public Artwork (Attachment B) has been amended to remove repetition of clauses, operational aspects and simplify definitions, providing a clearer distinction between what constitutes

Urban Art vs Public Art.

 

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 recommendation of a Committee it has established in accordance with Section 5.8 of the Act.

 

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the GSR. The framework sets out the intent of Council policies, as opposed to operational documents such as Operational Practices.

 

Financial Implications

There are no financial implications associated with the officer recommendation.

 

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

 

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

 

Options

Council could require further amendments to the policies.

 

CONCLUSION

The report updates the current Council policy ‘Urban Art’ and Council policy ‘Public Artwork’.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The policies will be effective immediately upon adoption.


Council

78

30 October 2019

12.4

Attachment a

Urban Art Policy 2019

 


 


Council

80

30 October 2019

12.4

Attachment b

Public Artwork Policy 2019

 


 


Council

83

30 October 2019

12.4

Attachment c

017 Urban Art Policy

 


 


 


Council

88

30 October 2019

12.4

Attachment d

Public Artwork Policy

 


 


 


 


 


Council                                                                                      94                                                               30 October 2019

12.5           Policy and Legislation Committee - 8/10/2019 - POLICY REVIEW - WASTE COLLECTION SERVICE

STRATEGIC GOAL

STRATEGIC OBJECTIVE

3. ENVIRONMENT Valued, conserved and enjoyed

3.1 Development is managed sustainably and our environment valued.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Waste and Fleet Services

REPORTING OFFICER

Manager Waste and Fleet Services - Mark Wong

AUTHORISING OFFICER

Director, Engineering and Works Services - Oliver Darby

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Policy - Waste Collection Service

Attachment b    Current Policy  

 

This item was considered by the Policy and Legislation Committee at its meeting on 8 October 2019, the recommendations from which have been included in this report.

COUNCIL DECISION

C1910/212              Moved Councillor L Miles, seconded Councillor K Hick

 

That the Council adopts the Council policy Waste Collection Service as per Attachment A, to replace the current policy (Attachment B) inclusive of Committee requested amendments as detailed within:

 

 

 

 

 

 

 

CARRIED 9/0

En Bloc

 

Reasons:                 The Committee recommended the various amendments to the Policy for improved readability and to clarify the parameters of the waste collection service provided by the City of Busselton.


 

EXECUTIVE SUMMARY

This report presents a revised Waste Collection Service policy (Attachment A) (the Policy) for Council consideration, with the current policy being amended as part of the City’s overall review of its Council policies. The Policy, which has been moved into the new policy format, is considered to be of continuing relevance and is therefore recommended for Council’s approval.

 

BACKGROUND

The current policy was adopted in 2012 to replace a previous Refuse Collection Service Policy and was last reviewed in 2017, where it was updated to provide clarifications relating to waste collection on private property and to incorporate the use of up to date terminology.

 

The purpose of the policy has been to provide guidance on areas within the District where residential premises may be entitled to receive a kerbside general waste and recycling waste collection service (and now organic waste collection). It outlines factors to be considered, such as safety, heavy vehicle access, and serviceability, when determining which properties may be viable to receive a kerbside collection, together with issues (to overcome) and which may prevent or change the level of service provided.  It also provides information on how certain commercial premises within the District may request to receive a kerbside waste collection service by submitting a completed, Commercial Waste Collection Application Form.

OFFICER COMMENT

Prompted by a requirement to periodically review policies and an initiative to ensure policy documents are consistent with the City’s policy framework, the Policy has been moved into the current policy format and reviewed to remove operational level detail. 

 

Specific details relating to the incorporation of services into waste runs, factors inhibiting services on private roads, the location of waste receptacles, and the waste collection service assessment criteria for non-Prescribed Area waste services, have been removed.  The Policy continues to provide over-arching guidance and principles by which new waste collection services will be assessed. The removal of operational content allows for adjustments to be made, and fit in with constant changing best practices, as needed.

 

Additionally, the current policy implies that commercial customers within the Prescribed Area may, at their discretion, receive a kerbside waste collection service.  This does not align with the City’s current practice, as the provision of commercial waste collection services are instead at the City’s discretion.  The Policy has been updated to reflect this. 

Statutory Environment

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

 

The Policy further supports the obligations and requirements contained within the Waste Avoidance and Resource Recovery Act 2007 and the City of Busselton Waste Local Law 2016.

 

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the Governance Services Review carried out in 2017.  The framework sets out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures.

Financial Implications

Adoption of the Policy has no budget implications.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.  No risks of a medium or greater level have been identified.

Options

Council could decide to:

 

1.    not adopt the Policy and instead rescind the Policy on the basis that the Waste Local Law 2016 sufficiently outlines requirements in relation to waste collection services.  The Waste Local Law 2016 does not provide relevant information for residents in a user friendly manner however and so this is not recommended.

 

2.    to require further amendments to the Policy. 

CONCLUSION

The Policy updates the current Waste Collection Service policy and in doing so maintains parameters for the provision of kerbside general waste, recycling and organic waste collection services such that they operate in the most effective, safe, cost efficient and consistent manner for eligible residential and commercial premises within the District.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of adoption.


Council

97

30 October 2019

12.5

Attachment a

Proposed Policy - Waste Collection Service

 


 


 


Council

101

30 October 2019

12.5

Attachment b

Proposed Policy - Waste Collection Service

 


 


 


 

 

 

 

 

 

 


Council                                                                                      107                                                             30 October 2019

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Councillors' Information Bulletin

BUSINESS UNIT

Executive Services

REPORTING OFFICER

Reporting Officers - Various

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

Noting: the item does not require a decision of Council and is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

COUNCIL DECISION

C1910/213              Moved Councillor L Miles, seconded Councillor K Hick

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

·    17.1.1              Current Active Tenders

·   17.1.2              Donations, Contributions and Subsidies Fund – September 2019

·   17.1.3              Recent Correspondence

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

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    Current Active Tenders

 

2018/2019 TENDERS

 

Note: Information in italics has previously been provided to Council, and is provided for completeness.

 

RFT09/19 BUSSELTON JETTY TOURIST PARK MANAGEMENT CONTRACT

·    Requirement – management of the Busselton Jetty Tourist Park.

·    A Request for Tender was advertised on 22 June 2019 with a closing date of 12 July 2019. 

·    The closing date was extended to 19 July 2019.

·    Three submissions were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

·    At the Council meeting on 27 August 2019 Council endorsed the recommendation that the partnership of WJ & J MGregor was the most advantageous tender submission for the City.  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Preferred Tenderers variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;          

-      negotiate and agree with the Preferred Tenderer the final terms and conditions of the contract (including rates/contract prices); and

-      enter into contracts with the Preferred Tenderer for supply of the relevant goods and services.

 

·    A contract was awarded by the CEO under delegated authority to WJ & J McGregor in September 2019.

 

RFT11/19 ROAD NETWORK UPGRADE – CITY CENTRE EASTERN LINK STAGES 1 + 2A + 2B

·    Requirement – to undertake construction of the City Centre Eastern Link road upgrade to be completed in various stages as detailed in the Request for Tender.

·    A Request for Tender was advertised on 13 July 2019 with a closing date of 13 August 2019. 

·    The closing date was extended to 20 August 2019.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

 

·    At the Council meeting on 25 September 2019 Council:

-      endorsed the recommendation that the tender from Leeuwin Civil Pty Ltd be the preferred tender for Stage 1 (second north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River) and Stage 2 Option 1 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection).

-      In accordance with regulation 18(5) of the Local Government (Functions and General) Regulations 1996 declined to accept any tender in respect of Stage 2 Option 2 

(“gull wing” design for the Causeway Road/Strelly Street intersection) and Stage 3 (north-eastern extension of the Stage 1 works, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout).

-      In respect of Stage 1 Council delegated power and authority to the CEO to:

negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;      

negotiate and agree with the Preferred Tenderer the final terms and conditions of the contract (including rates/contract prices); and

subject to and conditional upon all environmental approvals having been obtained, enter into a contract with the preferred tenderer for supply of the relevant goods and services.

-      In respect of Stage 2 Option 1 delegated power and authority to the CEO to:

negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;      

negotiate and agree with the Preferred Tenderer the final terms and conditions of the contract (including rates/contract prices); and

subject to and conditional upon the City of Busselton securing sufficient funding for RFT11/19 Stage 2 Option 1 by 30 June 2020, enter into a contract with the preferred tenderer for supply of the relevant goods and services.

·    A contract was awarded by the CEO under delegated authority to Leeuwin Civil Pty Ltd in October 2019.

 

RFT12/19 CCTV INSTALLATION AND MAINTENANCE PROJECT

·    Requirement – to extend City of Busselton closed circuit television surveillance capacity at the following venues to ensure ongoing community safety, asset protection and crime prevention:
(a)          Busselton Foreshore;
(b)          Naturaliste Community Centre; and
(c)           John Edwards Pavilion located in Dunsborough.
The project will involve the installation of CCTV hardware and software at Busselton Foreshore, Naturaliste Community Centre and John Edwards Pavilion and ongoing maintenance and support services for these locations.

·    A Request for Tender was advertised on 24 August 2019 with a closing date of 24 September 2019. 

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

 

·    Three submissions were received.

 

 

RFT13/19 CONTAMINATED SITE REMEDIATION ADVICE

·    Requirement – to engage the services of a suitably qualified and experienced consultant to: 

(a)  investigate and identify viable options for;

(b)  screen, assess and analyse cost-effectiveness of; and

(c)   provide advice to the City on,

remediation/management strategies/measures/solutions for allowing beneficial use of groundwater at/on sites affected by groundwater chemicals of potential concern in the vicinity of the City's Former Waste Disposal Facility.

·    A Request for Tender was advertised on 3 August 2019 with a closing date of 27 August 2019. 

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

 

·    The closing date was extended to 3 September 2019.

·    Six submissions were received.

·    It is anticipated that a contract will be awarded in October 2019.

 

EOI01/19 DESIGN AND TECHINICAL SERVICES – BUSSELTON ENTERTAINMENT ARTS AND CULTURAL HUB

·    Requirement – to provide design and technical services for the Busselton Entertainment Arts and Creative Hub.

·    An Expression of Interest was advertised on 23 August 2019 with a closing date of 13 September 2019.

·    The process for making a preliminary selection among prospective tenderers was completed on 20 September 2019.

·    The tender phase for acceptable tenderers has commenced pursuant to RFT14/19 – Design and Technical Services – Busselton Entertainment Arts and Cultural Hub.

 


 

RFT14/19 DESIGN AND TECHINICAL SERVICES – BUSELLTON ENTERTAINMENT ARTS AND CULTURAL HUB

·    Requirement – to provide design and technical services for the Busselton Entertainment Arts and Creative Hub.

·    Following the Expression of Interest (EOI01/19) process for making a preliminary selection among prospective tenderers, the City of Busselton invited tenders from Box Architects, Kerry Hill Architects, Peter Hunt Architects, Willow and With Architecture.

·    The Request for Tender closing date is 29 November 2019. 

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J and will require Council approval.

 

RFT15/19 BUSSELTON JETTY SCHEDULED MAINTENANCE

·    Requirement – the provision of jetty maintenance to the Busselton Jetty.

·    A Request for Tender was advertised on 19 October 2019 with a closing date of 14 November 2019. 

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

 

RFT16/19 DESIGN, SUPPLY AND INSTALLATION OF BAGGAGE HANDLING SYSTEM

·    Requirement – the design, supply and installation of baggage handling systems at Busselton Margaret River Airport.

·    A Request for Tender was advertised on 9 October 2019 with a closing date of 31 October 2019. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3L.

 

RFT17/19 SUPPLY AND INSTALLATION OF SECURITY SCREENING EQUIPMENT

·    Requirement – supply and installation of the security screening equipment at Busselton Margaret River Airport.

·    A Request for Tender was advertised on 9 October 2019 with a closing date of 31 October 2019. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3L.

 

RFT18/19 DESIGN AND CONSTRUCTION OF TERMINAL BUILDING IMPOROVEMENTS

·    Requirement – design and construct improvements to the terminal building at Busselton Margaret River Airport.

·    A Request for Tender was advertised on 16 October 2019 with a closing date of 15 November 2019. 

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation LG3L. However this delegation is proposed to be amended at the 30 October Council meeting.

 

RFT19/19 DESIGN AND CONSTRUCTION OF ARRIVAL HALL

·    Requirement – design and construct an arrival hall at Busselton Margaret River Airport.

·    A Request for Tender was advertised on 16 October 2019 with a closing date of 8 November 2019. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3L.


 

17.1.2    Donations, Contributions and Subsidies Fund – September 2019

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 endeavors 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.    

 

12 applications were supported in September 2019, totalling $3,750.00 as outlined in the table below:

 

Recipient

Purpose

Amount

Kelley Robinson

Special circumstances - selected to represent WA as part of the State Hockey Masters team competing at the Australian Masters championships being held on the Gold Coast, QLD

$300.00

Light the Night

Funds requested as a contribution towards entertainment, stage & sound equipment and marketing for the free community event that raises awareness and celebrate the lives of those affected by blood cancer

$800.00

The Dementia Network of WA

Funds requested to assist with covering the cost of holding a presentation at CapeCare, Busselton. Not supported as 'event' does not fit within fund guidelines

 

$0.00

Lions Club of Busselton Inc.

Funds requested to assist with expenses associated with hosting the 2020 Lions Annual District Convention. Donation supported to cover the cost of satchels (featuring the CoB logo) provided to attendees - approximately 250 people.

Note: The City has also agreed to host a small sundowner style Civic Reception for the Lions District Cabinet Members.

$500.00

West Busselton Primary School

End of year graduation awards/prizes

$100.00

Alesia Riches

Special Circumstances - selected to compete at the FFA National Futsal Championships being held in Canberra ACT as part of the Girls U15 WA State Futsal team

$300.00

Dunsborough Primary School

End of year graduation awards/prizes

$100.00

Our Lady of the Cape Primary School

End of year graduation awards/prizes

$100.00

Hamish Hilyard

Special Circumstances - selected to represent WA as part of the State U15 team competing at the Underwater Hockey Championships 2020 held in Wahroonga NSW

$300.00

Geographe Bay Yacht Club (Juniors)

Funding to assist with covering cost of GBYC Juniors hosting the 62nd Pelican Championships 6-10 January 2020

$250.00

Vasse Primary School P&C

Seeking funds to assist with covering the cost of holding 'Ye Olde Fair' event in celebration of the schools 150th anniversary

$500.00

Busselton Art Society Inc.

Seeking funds to assist with covering the cost of holding the 61st annual Art in the Park Exhibition at Mitchell Park 24-26 January 2020

$500.00

 September Total

$3,750.00

17.1.3    Recent Correspondence

 

Nil  


Council                                                                                      110                                                             30 October 2019

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE)

12.6           DELEGATION TO AWARD TENDERS RELATING TO THE AIRPORT DEVELOPMENT PROJECT

STRATEGIC GOAL

STRATEGIC OBJECTIVE

5. TRANSPORT Smart, connective and accessible

5.1 Public transport services that meet the needs of the community.

SUBJECT INDEX

Commercial Services

BUSINESS UNIT

Commercial Services

REPORTING OFFICER

Project Officer Contracts and Tendering - Ben Whitehill

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Delegation LG3L (Attachment A)

Attachment b    Delegation LG3L Amended (Attachment B)  

 

This item was considered by the Airport Advisory Committee at its meeting on 16 October 2019, the recommendations from which have been included in this report.

COUNCIL DECISION

C1910/214              Moved Councillor K Hick, seconded Councillor S Riccelli

That the Council adopt the amended Delegation  Airport Redevelopment Project - Inviting Tenders and Rejecting and Accepting Tenders (Attachment B).

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

Officers are seeking amendments to Delegation LG3L Airport Redevelopment Project - Inviting Tenders and Rejecting and Accepting Tenders to increase the threshold that the CEO may accept tenders relating to the Airport Redevelopment Project so that equipment orders can be made and works progressed as soon as possible to ensure that Busselton Margaret River Airport is able to facilitate passenger services commencing on 25 March 2020.

 

BACKGROUND

The City has entered into an agreement to provide aviation services (aircraft movement and passenger processing facilities and services) to Jetstar Airways Pty Limited (Jetstar) for three weekly Busselton-Melbourne flights. The first Jetstar service is scheduled to arrive on 25 March 2020 and will utilise Airbus A320 aircraft.

 

In order to facilitate the Jetstar flights significant additional work is required including:

1.    expanding the existing terminal to increase the size of the following areas:

a.    secure departure lounge;

b.    check in area;

c.     FIFO arrival/departures area; and

d.    baggage handling area;

2.    supply and installation of baggage handling systems and passenger screening equipment; and

3.    construction of an arrivals hall.

 

It is critical that the above works are completed as soon as possible to ensure that the airport facilities are ready for the commencement of services (including allowing time for operational testing and training).

 

The Airport Development Project has a budget of approximately $3.265 million to complete the above works.

 

Existing Delegation LG3L – Airport Redevelopment Project - Inviting Tenders and Rejecting and Accepting Tenders (Attachment A) allows the CEO to accept tenders up to a contract value of $1,000,000 (subject to the conditions contained in the delegation). It is expected that some of the works packages will exceed the existing delegation LG3L threshold.

OFFICER COMMENT

The City must procure the following works packages to ensure passenger services can commence on 25 March 2020:

1.    Design and construction of improvements to the terminal building;

2.    Design and construction of a separate arrivals hall;

3.    Design, supply and installation of the baggage handling systems; and

4.    Supply and installation of the security screening equipment.

 

Requests for tenders were issued for the baggage handling systems and security screening equipment on 9 October 2019. The closing date for submissions is 31 October 2019.

 

Architectural drawings for the existing terminal works are being progressed and as at the date of preparing this report, it is anticipated that requests for tenders for the terminal building and arrivals hall will be issued in the week commencing 14 October 2019, with closing dates in early to mid-November.

 

It is likely that the packages for the terminal building and the security screening equipment will exceed the $1,000,000 threshold for accepting tenders in existing Delegation LG3L.

 

The timeframes for each of the above works packages are already challenging with the baggage handling and security screening equipment orders likely to have long lead times (in the order of 14 weeks).

 

The City has also received advice from the architect for the terminal building that the construction timeframes are aggressive.

 

Due to the constrained timeframes for completing each works package officers are recommending that existing Delegation LG3L be amended as follows:

1.    increasing the threshold for accepting tenders in Delegation LG3L from $1,000,000 to $1,500,000 (exclusive of GST); and

2.    removing the requirement for the agreement of the CEO of the South West Development Commission (SWDC).

 

Amendment 1 above will allow the CEO to award contracts for each of the above works packages (subject to receiving acceptable tenders) by early to mid-November. The alternative involves preparing reports for the Council meetings on 27 November 2019 or 11 December 2019 which would leave approximately four months (including the Christmas/New Year period) to complete all works, operational testing and training.

 

Amendment 2 above is being requested as the original intent for SWDC approval was so that Council had potential alternative recommendations and to provide an additional level of oversight on tender decisions during the Airport Development Project. Officers are of the view that this additional level of oversight is now not necessary for the existing terminal works and implementation of baggage handling and security screening equipment required for the commencement of services in March 2020.

 

Officers are seeking these amendments as there is a very real risk that a failure to order equipment and commence works as soon as possible could result in Busselton Margaret River Airport being unable to facilitate passenger services commencing on 25 March 2020.

As has been the case over the duration of the Airport Redevelopment Project the Chief Executive Officer and Director for Community and Commercial Services will continue to keep Council briefed on the progress of the tenders and the project.

 

Statutory Environment

Section 5.42(1)(a) of the Local Government Act 1995 (Act) allows Council to delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act, other than those referred to in section 5.43. The Act prescribes that an absolute majority vote of Council is required.

Relevant Plans and Policies

City of Busselton Purchasing Policy.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

The Council may decide not to amend the existing delegation. Officers advise against that course of action as there is a very real risk that delays in awarding contracts and commencing works will lead to Busselton Margaret River Airport being unable to facilitate passenger services commencing on 25 March 2020.

 

CONCLUSION

The amendment to Delegation LG3L is required to ensure that Busselton Margaret River Airport is able to facilitate passenger services commencing on 25 March 2020.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The amendment of Delegation LG3L will be effective the day following the decision of Council.


Council

111

30 October 2019

12.6

Attachment a

Delegation LG3L (Attachment A)

 


Council

112

30 October 2019

12.6

Attachment b

Delegation LG3L Amended (Attachment B)

 

 


Council                                                                                      116                                                             30 October 2019

13.             Planning and Development Services Report

Nil


 

14.             Engineering and Work Services Report

Nil


 

15.             Community and Commercial Services Report

Nil


 

16.             Finance and Corporate Services Report

Nil


Council                                                                                      117                                                             30 October 2019

18.             Motions of which Previous Notice has been Given

Nil  

19.             urgent business

Nil

20.             Confidential Reports  

Nil

 

21.             Closure

The Presiding Member closed the meeting at 5.53pm.

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 117 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 13 November 2019.

 

DATE:_________________  PRESIDING MEMBER:         _________________________