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 26 February 2020

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. 4

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. 4

Previous Council Meetings. 4

8.1          Minutes of the Council Meeting held 12 February 2020. 4

Committee Meetings. 5

8.2          Minutes of the Finance Committee Meeting held 12 February 2020. 5

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

9.1          PETITION - WALGA CLIMATE CHANGE DECLARATION.. 6

9.1          PETITION - FIRE HAZARD REDUCTION.. 12

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 21

11..... Items brought forward.. 21

ADOPTION BY EXCEPTION RESOLUTION.. 21

12.1        Finance Committee - 12/02/2020 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 DECEMBER 2019. 22

12.2        Finance Committee - 12/02/2020 - LIST OF PAYMENTS MADE - DECEMBER 2019. 52

13.1        FURTHER DEFERRAL OF CONSIDERATION OF APPLICATION FOR DEVELOPMENT APPROVAL (DA18/0674) - PROPOSED INDUSTRY - EXTRACTIVE (SAND AND GRAVEL) - LOT 101 (285), GIBB ROAD, KALOORUP. 64

16.1        BUSSELTON CEMETERY EXPANSION - LAND AMALGAMATION.. 66

17.1        COUNCILLORS' INFORMATION BULLETIN.. 70

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE). 74

15.1        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 74

14..... Engineering and Work Services Report. 78

18..... Motions of which Previous Notice has been Given.. 79

19..... urgent business. 79

20..... Confidential Reports. 80

20.1        BUSSELTON MARGARET RIVER AIRPORT BUDGET AMENDMENT REQUEST. 80

21..... Closure. 81

 


Council                                                                                      3                                                                26 February 2020

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers Administration Building, Southern Drive, Busselton, ON 26 February 2020 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 5.31pm.

 

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Sue Riccelli

Cr Ross Paine

Cr Kate Cox

Cr Paul Carter

Cr Jo Barrett-Lennard

Cr Lyndon Miles

 

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:

 

Cr Kelly Hick is an approved Leave of Absence as approved by Council at its meeting of 29 January 2020 (CO2001/001).

 

Cr Phill Cronin is an approved Leave of Absence as approved by Council at its meeting of 29 January 2020 (CO2001/002).

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

0

3.               Prayer

The prayer was delivered by Pastor Andy Pitt of the Down South Gospel Church.

 

4.               Application for Leave of Absence

COUNCIL DECISION

C2002/062              Moved Councillor P Carter, seconded Councillor L Miles

That Cr Jo Barrett-Lennard be granted a Leave of Absence for the Ordinary Council Meeting to be held on 22 April 2020 and Cr Sue Riccelli be granted a Leave of Absence for the Ordinary Council Meetings to be held on 25 August 2020, 9 September 2020 and 23 September 2020.

CARRIED 7/0

 

5.               Disclosure Of Interests

Nil

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

Nil

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

Nil

Question Time for Public

 

Nil

 

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

8.1             Minutes of the Council Meeting held 12 February 2020

COUNCIL DECISION

C2002/063              Moved Councillor K Cox, seconded Councillor R Paine

That the Minutes of the Council Meeting held 12 February 2020 be confirmed as a true and correct record.

CARRIED 7/0

 


 

Committee Meetings

8.2             Minutes of the Finance Committee Meeting held 12 February 2020

COUNCIL DECISION

C2002/064              Moved Councillor S Riccelli, seconded Councillor P Carter

That the Minutes of the Finance Committee Meeting held 12 February 2020 be noted.

CARRIED 7/0

 


 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

9.1             PETITION - WALGA CLIMATE CHANGE DECLARATION

RECOMMENDATION

That Council, with respect to the petition received from Christian Fletcher regarding the WALGA Climate Change Policy Statement:

 

1.    Receive the petition; and

 

2.    Refer the petition to the CEO to prepare a report to Council.

 

 

COUNCIL DECISION AND AMENDED RECOMMENDATION

C2002/065              Moved Councillor L Miles, seconded Councillor R Paine

 

That Council, with respect to the petition received from Christian Fletcher regarding the WALGA Climate Change Policy Statement:

 

1.    Receive the petition; and

 

2.    Refer the petition to the CEO to prepare a report to Council, to be presented no later than the Ordinary Council Meeting of 22 April 2020.

CARRIED 7/0

 

Reasons:              This amendment provides clarity and transparency to the petitioners as to the action

resolved by Council and the time frames in which it is to occur.

 

A petition was received from the petitioner on 5 February 2020 with the request that the City of Busselton “endorse the Western Australian Local Government Association’s (WALGA) Climate Change Policy Statement”. The petition contained 136 signatories.

 

The petition is provided under separate cover, with letters of support from the Joint Busselton and Dunsborough Chambers of Commerce and Industry (Attachment A) and Luke Pearce (Attachment B).

 

The requirements for a petition to be heard by Council is set out by Standing Order 6.9 of the City of Busselton Standing Orders Local Law 2018, specifically that it:

 

(a)  be addressed to the Mayor;

(b)  be made by electors of the district;

(c)   state the request on each page of the petition;

(d)  contain the name, address and signature of each elector making the request;

(e)  contain a summary of the reasons for the request;

(f)   state the name of the person to whom, and an address at which, notice to the petitioners can be given; and

(g)  be respectful and temperate in its language.

 

The presiding member has the discretion to accept the petition for consideration if it meets a majority of the above requirements. It is considered by officers that the petition meets all of the requirements set out by the Standing Orders.

 

Pursuant to Standing Order 6.9(3), the Council has the following options:

 

(a)  receive the petition;

(b)  reject the petition;

(c)   receive the petition and refer it to the CEO to prepare a report to Council / Committee;

(d)  receive the petition and refer it to the CEO for action.

 


Council

10

26 February 2020

9.1

Attachment a

Letter of Support - Joint Chambers of Commerce

 


 


 


Council

11

26 February 2020

9.1

Attachment b

Letter of Support - Luke Pearce

 


Council                                                                                      13                                                                26 February 2020

9.1             PETITION - FIRE HAZARD REDUCTION

COUNCIL DECISION AND RECOMMENDATION

C2002/066              Moved Councillor L Miles, seconded Councillor K Cox

 

That Council, with respect to the petition received from Mrs Jane Cummins regarding the ground fuel in the reserve on the southern side of the Vasse River diversion drain:

 

1.    Receive the petition; and

 

2.    Refer the petition to the CEO for action.

CARRIED 7/0

 

A petition was received from the petitioner on 5 February 2020 with respect to the amount of ground fuel in the reserve on the southern side of the Vasse River drain that borders properties in Fernbrook Way, Clydebank Avenue, Pennyworth Ramble and Glenmeer Ramble (the Reserve). The petition (provided under separate cover) contained 36 signatories and included images of the reserve which are provided at Attachment A.

 

The requirements for a petition to be heard by Council is set out by Standing Order 6.9 of the City of Busselton Standing Orders Local Law 2018, specifically that it:

 

(a)  be addressed to the Mayor;

(b)  be made by electors of the district;

(c)   state the request on each page of the petition;

(d)  contain the name, address and signature of each elector making the request;

(e)  contain a summary of the reasons for the request;

(f)   state the name of the person to whom, and an address at which, notice to the petitioners can be given; and

(g)  be respectful and temperate in its language.

 

The presiding member has the discretion to accept the petition for consideration if it meets a majority of the above requirements.

 

The petition does not meet requirement (a), but does meet all of the other requirements, noting the signatories to the petition are affected properties bordering the area of concern to the petitioner.

 

With respect to requirement (a), this is not considered to be prohibitive to the petition being considered. Given this, the Mayor as presiding member has indicated his discretion to accept the petition for consideration.

 

Pursuant to Standing Order 6.9(3), the Council then has the following options:

 

(a)  receive the petition;

(b)  reject the petition;

(c)   receive the petition and refer it to the CEO to prepare a report to Council / Committee;

(d)  receive the petition and refer it to the CEO for action.

 

In this case, it is recommended that the Council receive the petition and refer it to the CEO for action. Some background and context to that recommendation is set out below.

In late 2019, the Council endorsed the City’s Bushfire Risk Management Plan (BRMP). The City is now developing the Treatment Schedules required by the BRMP. It is clear that there are significant areas across the City that are at significant risk from bushfire, and that a coordinated and properly prioritised approach will be required to mitigate those risks.

 

The land in question has been identified as a significant hazard, and there are areas adjacent to the land that have been identified as being at ‘High’, ‘Very High’ or ‘Extreme’ risk. The land itself, because of its environmental values is also identified as being an asset at risk.

 

The current thinking of City officers in terms of the assessment and mitigation of those risks is set out in Attachment B.

 

City officers are also planning to meet with some of the petitioners on site on Tuesday, 18 February 2020 (i.e. after agenda publication, but before the first agenda briefing and Community Access Session) to discuss the issues and envisaged approach to addressing the risk. One of the things that officers intend to discuss at the time is the interest in the petitioners and surrounding community in playing a role themselves in the management of the land, perhaps through joining a ‘friends of reserves’ group that already exists in the area.

 

It should be noted that the meeting has been organised in response to the petition, but the work to plan the mitigation works is not in response to the petition. Whilst it is appreciated that people may want to lobby the Council or the City more broadly with respect to mitigation of fire risk, because of the scope and nature of those risks, it is considered that prioritisation of risk mitigation needs to be on the basis of objective assessments of those risks, and not on a reactive basis.


Council

15

26 February 2020

9.1

Attachment a

Petition - Photos of Reserve

 


 


Council

17

26 February 2020

9.1

Attachment b

Petition - BRMP Summary

 


 



 


 


Council                                                                                      21                                                                26 February 2020

Presentations

 

Nil

Deputations

 

Nil

 

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

Nil

 

11.             Items brought forward

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, the remaining reports, including the Committee and Officer Recommendations, will be adopted en bloc, i.e. all together.

 

COUNCIL DECISION

C2002/067              Moved Councillor L Miles, seconded Councillor P Carter

 

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

               

12.1        Finance Committee - 12/02/2020 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 DECEMBER 2019

 

12.2        Finance Committee - 12/02/2020 - LIST OF PAYMENTS MADE - DECEMBER 2019

 

13.1        FURTHER DEFERRAL OF CONSIDERATION OF APPLICATION FOR DEVELOPMENT APPROVAL (DA18/0674) - PROPOSED INDUSTRY -EXTRACTIVE (SAND AND GRAVEL) - LOT 101 (285), GIBB ROAD, KALOORUP

 

16.1        BUSSELTON CEMETERY EXPANSION - LAND AMALGAMATION

 

17.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 7/0

En Bloc

 


Council                                                                                      29                                                             26 February 2020

12.             Reports of Committee

12.1           Finance Committee - 12/02/2020 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 DECEMBER 2019

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Budget Planning and Reporting

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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   Investment Report December 2019

Attachment b    Financial Activity Statement December 2019  

 

This item was considered by the Finance Committee at its meeting on 12 February 2020, the recommendations from which have been included in this report.

 

COUNCIL DECISION AND COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C2002/068              Moved Councillor L Miles, seconded Councillor P Carter

That the Council receives the statutory financial activity statement reports for the period ending 31 December 2019, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 7/0

En Bloc

EXECUTIVE SUMMARY

Pursuant to Section 6.4 of the Local Government Act 1995 (the Act) and Regulation 34(4) of the Local Government (Financial Management) Regulations 1996 (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 December 2019.

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 on 31 July 2019, the Council adopted (C1907/131) the following material variance reporting threshold for the 2019/20 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 2019/20 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.”

OFFICER COMMENT

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

 

Statement of Financial Activity

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

 

Net Current Position

This report provides details of the composition of the net current asset position on a 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 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 December 2019

The Statement of Financial Activity for the year to date as at 31 December 2019 shows an overall Net Current Position of $24.7M as opposed to the amended budget of $9.3M. The following summarises the major variances in accordance with Council’s adopted material variance reporting threshold that collectively make up the above difference:

 

Description

2019/20
Actual YTD

2019/20
Amended
Budget YTD

2019/20
Amended
Budget

2019/20
YTD Bud Variance

2019/20
YTD Bud Variance

 

$

$

$

%

$

Revenue from Ordinary Activities

 

1.     Operating Grants, Subsidies and Contributions

2,773,545

2,195,978

4,977,647

26.30%

577,567

 

 

 

 

 

 

2.    Non-Operating Grants, Subsidies and Contributions

2,183,887

4,106,042

23,804,690

(46.81%)

(1,922,155)

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

 

 

 

3.     Land & Buildings

(1,466,968)

(5,350,853)

(8,475,358)

72.58%

3,883,885

Plant & Equipment

(726,928)

(2,290,500)

(4,855,350)

68.26%

1,563,572

Furniture & Equipment

(125,824)

(540,028)

(1,113,069)

76.70%

414,204

Infrastructure

(7,137,403)

(14,765,161)

(36,813,923)

51.66%

7,627,758

4.     Proceeds from Sale of Assets

255,155

579,050

3,409,080

(55.94%)

(323,895)

5.     Transfer to Restricted Assets

(438,247)

(30,054)

(60,100)

(1,358.20%)

(408,193)

6.     Transfer from Restricted Assets

557,751

0

0

100%

557,751

7.     Transfer from Reserves

1,232,906

1,657,906

33,992,705

(25.63%)

(425,000)

 

Revenue from Ordinary Activities

Year to date (YTD) actual income from ordinary activities is $1.16M more than expected when compared to the YTD amended budget, with the following items meeting the material variance reporting threshold:

 

1.    Operating Grants, Subsidies and Contributions are $578K (net) better than amended budget. This variance is mainly due to the following:

·    Legal Fees Reimbursements (10500) ($40K) – budget item included for a fine that was received in the 18/19 financial year.  A budget amendment was processed to move a portion of the fine from retained earnings to a legal reserve, however a further budget amendment to remove this revenue item is still being investigated;

·    Human Resources Reimbursements (10521) $37K - $18K due to conference & training reimbursements not budgeted for sufficiently and $19K received in workers comp reimbursements with all receipts budgeted in June;

·    Contributions to Airport Operations (11151) $49K – received December but budgeted in June;

·    Environmental Management Administration (10830) $172K – grant received for the Revitalizing Geographe Waterways Phase 2 project earlier than forecast;

·    Preventative Services CLAG (10925) $30K – part of the operating grant received from Department of Health earlier than budgeted;

·    Protective burning and firebreaks reserve (10931) $166K. This variance relates to receiving 50% grant awarded to the City under the mitigation activity fund (Emergency Services Levy) and will be subject to a Council report requesting that the 2019/20 budget be amended to reflect this additional income.  Details of the cost codes for this amendment are being finalised;

·    Bushfire risk management planning (10942) DFES $86K. This variance relates to the payment of grant in full for the bushfire risk planning coordinator position within the City of Busselton. This represents a timing difference between budget allocations (over 12 months), and actual funds received;

·    Fire Prevention DFES (10940) $49K – this is due to a combination of receiving the quarterly ESL grant a month earlier than forecast ($90K over), and not receiving the prior period grant acquittal adjustment that was forecast in October ($41K under);

·    Pre-Primary Building & Surrounds (B1503) $30K – grant was budgeted to be received in June 2020, but was received in November 2019;

·    Regional Waste Management Administration (11301) ($32K) – annual budget of $63K spread over 12 months, but no contributions have actually been invoiced or received YTD;

·    Reimbursements Old Butter Factory (B1401 & B9610) $193K – timing difference due to difficulties in predicting when LGIS would process the claims.  Advice received in January that claims have been processed.

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $2.04M or 4.94% less than expected when compared to the amended YTD budget.  No individual items exceed the variance reporting thresholds.

 

Non-Operating Grants, Subsidies and Contributions

2.    Non-Operating Grants, Subsidies and Contributions are less than budget by $1.9M with the main items impacting on the above result being the timing of the receipt of funding which is also offset with less than anticipated capital expenditure at this time.

 

Cost Code

Cost Code Description

Variance
YTD

Finance and Corporate Services

 

10239

Contributions - Community Facilities

(382,986)

Community and Commercial Services

 

C6099

Airport Development - Project Grant

477,978

Planning and Development Services

 

B1015

Hithergreen District Bushfire Brigade

(465,200)

B1024

Wilyabrup Bushfire Brigade

(178,300)

B9109

Hithergreen Building Renovations

(34,446)

Engineering and Works Services

 

C1512

Port Geographe Boat Ramp Renewal Works

(82,500)

C3113

Busselton Tennis Club - Infrastructure

80,000

C3168

Busselton Foreshore Jetty Precinct

(154,110)

C3186

Lou Weston Oval - Courts

(325,000)

F0019

College Avenue

72,000

S0035

Strelly Street / Barlee Street Roundabout

36,448

S0051

Causeway Road / Rosemary Drive Roundabout

(200,002)

S0064

Peel Terrace (Stanley Pl/Cammilleri St Intersection Upgrade)

(100,002)

S0069

Peel Terrace (Brown Street Intersection Upgrades)

(49,998)

S0071

Ludlow-Hithergreen Road Safety Improvements

(50,002)

S0072

Kaloorup Road - Reconstruct and Seal Shoulders

461,200

T0019

Wonnerup South Road - Reconstruct and Widening (narrow seal)

(312,270)

T0085

Yoongarillup Road - Reconstruct Intersection at Vasse H/Way

(105,000)

T0086

Yoongarillup Road - Reconstruct & Widen (Western Section)

(739,050)

Capital Expenditure

3.    As at 31 December 2019, there is a variance of 58.8% or $13.5M in total capital expenditure with YTD actual at $9.5M against the YTD amended budget of $22.3M.

 

The attachments to this report include detailed listings of all capital expenditure (project) items, however the main areas of variance are summarised as follows:

Cost Code

Cost Code Description

Variance
YTD

Land

(71,308)

10370

Busselton Cemetery

(71,308)

Buildings

 3,883,885

B9600

Old Vasse Lighthouse (budget amendment pending)

70,245

B9516

Busselton Library Upgrade

206,875

B9109

Hithergreen Building Renovations

34,446

B9407

Busselton Senior Citizens

501,462

B9511

ArtGeo Building (budget amendment pending)

(24,961)

B9517

GLC - Pool Relining (budget amendment pending)

25,002

B9556

NCC Upgrade

33,268

B9591

Performing Arts Convention Centre

36,553

B9596

GLC Building Improvements

155,990

B9604

Womens Change Facility Bovell

(48,330)

B9605

Energy Efficiency Initiatives (Various Buildings

66,972

B9606

King Street Toilets

33,333

B9610

Old Butter Factory

(46,529)

B9716 & B9717

Airport Terminals

2,878,642

B9808

Busselton Jetty Tourist Park Upgrade

48,024

Plant & Equipment

1,563,572

10000

Members of Council

40,000

10250

Information & Communication Technology Services

35,000

10910

Building Services

35,000

11101

Engineering Services Administration

40,000

11156

Airport Development Operations (budget amendment pending)

(142,088)

11402

Plant Purchases (P10) (budget amendment pending)

945,000

11403

Plant Purchases (P11) (budget amendment pending)

265,369

11404

Plant Purchases (P12) (budget amendment pending)

320,000

Furniture & Office Equipment

414,204

10250

Information & Communication Technology Services

308,370

10900

Cultural Planning

(59,572)

11156

Airport Development Operations

137,084

Infrastructure By Class

7,628,787

 

Roads

1,506,866

 

Bridges

124,000

 

Car Parks

586,539

 

Footpaths & Cycleways

283,339

 

Parks, Gardens & Reserves

4,265,774

 

Regional Airport & Industrial Park Infrastructure

31,664

 

Many of these items of under expenditure e.g. Main Roads construction works, also assists in explaining the above current YTD shortfall in Non-Operating Grants. In the main, many of these projects have yet to be completed and represent a timing difference.

 

Proceeds from Sale of Assets

4.    There is a variance for the proceeds from sale of assets of -$324K, due to timing in the changeover of vehicles.

 

Transfer to Restricted Assets

5.    There is a variance in transfers to restricted assets of $408K more than amended budget.   The reason for this is as follows:

·    Transfer to deposits and bonds of $44K as opposed to a budget of $0. These funds do not have a budget allocation as they are not able to be reliably measured;

·    Interest earned on government grants of $25K transferred to restricted cash, for which there was no budget allocated as it was expected that the grant would have been utilized by this stage;

·    Additional bonds of $321K were received in relation to the next stage of the Dunsborough Lakes development.

 

Transfer from Restricted Assets

6.    There is a variance in transfers from restricted assets of $558K more than amended budget.   The main reason for this is as follows:

·    Transfer from Roadwork Bonds of $519K as opposed to a budget of $0.  These funds do not have a budget allocation as they are not able to be reliably measured.

 

Transfer from Reserves

7.    There is a variance for transfer from reserves of $425K less than amended budget.   The reason for this is as follows:

·    Transfer from Jetty Maintenance Reserve of $425K did not occur due to works not being undertaken on cost code C3497 (part of the Parks, Gardens & Reserves variance shown above), for the following reasons:

i.                     The previous expenditure figure was based on the 50 year plan.

ii.                   The 5 year structural review undertaken in 2019/2020 discovered that the Jetty was in better condition than forecast in the 50 year plan.  Capital works planned for 2020 have been deferred to 2030.

iii.                 Requests for Tenders issued for maintenance works per the 5 year plan are to be awarded at the Council meeting on 29 January 2020.

iv.                 As a result budget figures have been revised for next the 5 financial years to reflect the 5 year plan.

 

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 December 2019, the value of the City’s invested funds totalled $81.48M, down from $84.48M as at 30 November. The reduction is due to funds being transferred to the cheque account to meet ongoing normal operating costs.

 

During the month of November three term deposits totalling the amount of $4.5M matured. These were renewed for a further 162 days at 1.51% 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) reduced by $3.0m with the funds being transferred to the cheque account to meet ongoing normal operating costs.

 

The balance of the Airport Development ANZ and WATC cash accounts remained steady.

 

The RBA announced no rate changes in December and January. Future movements are unknown at this time although further drops are possible in coming months.

 

Chief Executive Officer – Corporate Credit Card

Details of monthly (November to December) 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

16-Dec-19

94.00

CHEEKY MONKEY BREWERY

+ CEO/MAYOR LUNCH WITH SHIRE OF AUG/MR

23-Dec-19

131.00

THE GOOD EGG CAFÉ

+ HOSPITALITY - CITY OF BUNBURY MEETING

23-Dec-19

3,585.18

CAVES HOUSE HOTEL

COUNCIL END OF YEAR FUNCTION

24-Dec-19

436.78

QANTAS

FLIGHTS - RCA BOARD MEETING (Mayor)

24-Dec-19

351.80

THE FIRESTATION

MAYORS LUNCHEON

27-Dec-19

426.99

VIRGIN AUSTRALIA

FLIGHTS - RCA BOARD MEETING (Mayor)

27-Dec-19

4.33

VIRGIN AUSTRALIA

BOOKING FEE

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

+ Allocated against CEO Hospitality Expenses Allowance

Statutory Environment

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

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

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

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 Statements of Financial Activity are presented in accordance with Section 6.4 of the Act and Regulation 34 of the Regulations and are to be received. Council may wish to make additional resolutions as a result of having received these reports.

 

CONCLUSION

As at 31 December 2019, the City’s financial performance is considered satisfactory.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

30

26 February 2020

12.1

Attachment a

Investment Report December 2019

 


Council

50

26 February 2020

12.1

Attachment b

Financial Activity Statement December 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



Council                                                                                      53                                                             26 February 2020

12.2           Finance Committee - 12/02/2020 - LIST OF PAYMENTS MADE - DECEMBER 2019

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Financial Operations

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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

Attachment a   List of Payments December 2019  

 

This item was considered by the Finance Committee at its meeting on 12 February 2020, the recommendations from which have been included in this report.

 

COUNCIL DECISION AND COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C2002/069              Moved Councillor L Miles, seconded Councillor P Carter

That the Council notes payment of voucher numbers M117662 – M117730, EF068584 – EF069186, T007493 – T007496, DD003973 – DD004004 together totalling $10,566,810.23.

CARRIED 7/0

En Bloc

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of December 2019, for noting by the Council and recording in the Council Minutes.

 

BACKGROUND

The Local Government (Financial Management) Regulations 1996 (the Regulations) requires that when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, that a list of payments made is prepared each month for presentation to, and noting by, the Council.

OFFICER COMMENT

In accordance with regular custom, the list of payments made for the month of December 2019 is presented for information. 

Statutory Environment

Section 6.10 of the Local Government Act 1995 and more specifically, Regulation 13 of the Regulations refer to the requirement for a listing of payments made each month to be presented to the Council.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

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

Not applicable.

CONCLUSION

The list of payments made for the month of December 2019 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

 


Council

60

26 February 2020

12.2

Attachment a

List of Payments December 2019

 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      69                                                             26 February 2020

13.             Planning and Development Services Report

13.1           FURTHER DEFERRAL OF CONSIDERATION OF APPLICATION FOR DEVELOPMENT APPROVAL (DA18/0674) - PROPOSED INDUSTRY - EXTRACTIVE (SAND AND GRAVEL) - LOT 101 (285), GIBB ROAD, KALOORUP

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development / Planning Applications

BUSINESS UNIT

Planning and Development Services

REPORTING OFFICER

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Quasi-Judicial: to determine an application/matter that directly affects a person’s right and interests e.g. development applications, applications for other permits/licences, leases and other decisions that may be appealable to the State Admin Tribunal.

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2002/070              Moved Councillor L Miles, seconded Councillor P Carter

That the Council defer consideration of  ‘Application for Development Approval (DA18/0674) - Proposed Industry - Extractive (sand and gravel) - Lot 101 (285), Gibb Road, Kaloorup’ from the ordinary Council meeting of 11 March 2020 to the ordinary Council meeting of 25 March 2020, such that additional traffic impact assessment information can be provided.

CARRIED 7/0

En Bloc

 

EXECUTIVE SUMMARY

At its ordinary meeting of 12 February 2020, Council resolved to defer consideration of ‘Application for Development Approval (DA18/0674) - Proposed Industry - Extractive (sand and gravel) - Lot 101 (285), Gibb Road, Kaloorup’ to the Council meeting of 11 March 2020.  Officers consider additional time is required to provide the additional information requested by Council and are seeking a two week extension of the deferral, to the ordinary Council meeting of 25 March 2020. 

 

BACKGROUND

At its ordinary meeting of 12 February 2020, Council resolved to defer consideration of ‘Application for Development Approval (DA18/0674) - proposed Industry - Extractive (sand and gravel) - Lot 101 (285), Gibb Road, Kaloorup’ to the Council meeting of 11 March 2020. It is understood Council considered that it required further information in relation to various aspects of the proposal to make a determination, including additional information related to assessment of traffic impacts.

OFFICER COMMENT

To provide further information related to assessment of traffic impacts, officers have arranged for additional traffic counts to be taken, and have also sought external, independent traffic advice. Noting that the agenda for the 11 March meeting is expected to be published on 28 February, it is not considered that the additional information can be provided in time. The additional information could, though, be provided in time for the subsequent 25 March Council meeting (the agenda for which would be expected to be published on 13 March).

 

Note that there is also some additional information that is expected to be provided in relation to amenity impacts and water issues, as well as some further refinement of recommended conditions that may occur, and will be reflected in the agenda report for 25 March.

Statutory Environment

The key statutory environment in relation to the development application is set out in the City of Busselton Local Planning Scheme 21 (Scheme), the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), Schedule 2 of which is the ‘deemed provisions’, which also functionally form part of the Scheme.

Through the planning and State Administrative Tribunal (SAT) legislation, the applicant has a right to lodge an application for review with the SAT (i.e. an ‘appeal’); a right which emerged some time ago because of the length of time that has passed since the application was first lodged.

Relevant Plans and Policies

There are no relevant plans or policies that relate to a decision to further defer consideration of the application.

Financial Implications

There are no additional costs associated with the proposed further deferral.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to the officer recommendation.

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 choose not to move the officer recommendation, in which case DA18/0674 will be returned to Council for assessment based on the information to hand for publication of the agenda for the ordinary Council meeting of 11 March 2020.

 

CONCLUSION

Whilst were and remain comfortable to recommend determination of the applicant based on information available at the time of publication of the 12 February 2020 agenda, officers accept that further traffic impact assessment would assist Council in its consideration of DA18/0674. That information would also assist the City more broadly in the ongoing review of its extractive industry policy framework. In order for the additional information to be provided for Council’s further consideration of the subject application, however, additional time is required and officers are therefore recommending a two week extension of the deferral.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

A report will be presented to the Council’s 25 March 2020 ordinary meeting.  

16.             Finance and Corporate Services Report

16.1           BUSSELTON CEMETERY EXPANSION - LAND AMALGAMATION

STRATEGIC GOAL

3. ENVIRONMENT Valued, conserved and enjoyed

STRATEGIC OBJECTIVE

3.1 Development is managed sustainably and our environment valued.

SUBJECT INDEX

Land Administration

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Property Management Coordinator - Sharon Woodford-Jones

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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

Nil

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2002/071              Moved Councillor L Miles, seconded Councillor P Carter

That the Council:

1.         Authorise the CEO to write to the Minister for Local Government, Sports and Cultural Industries requesting that an application be made to the Parliamentary Counsel to draft an order for the Governor declaring Lot 50 on Deposited Plan 416610 Volume LR3171 Folio 367 (Lot 50) for the purpose of a Cemetery.

2.         Authorise the CEO to write to the Minister for Lands requesting:

(a)       incorporation under section 51 of the Land Administration Act 1997 of Lot 50 into Reserve 9298 for the purpose of ‘Cemetery Expansion’; and

(b)      the issue of a Management Order over expanded Reserve 9298 (comprising Lots 50 and 51) to the City of Busselton for the purpose of ‘Public Cemetery’.

3.         Authorise the CEO to accept a Management Order placing care, control and management of Lots 50 and 51 within Reserve 9298 in the City of Busselton for the purpose of ‘Public Cemetery’.

CARRIED 7/0

En Bloc

 

EXECUTIVE SUMMARY

Many of the Busselton Cemetery denominational sections have reached practical capacity, with fewer than 100 plot sites remaining available for burials. The non-denominational lawn section is likely to reach practical capacity by as soon as 2025.

 

The City therefore recently purchased a portion of a 1.9-hectare land parcel for the purpose of expanding the existing public cemetery (3.8 hectares) on Neville Hyder Drive, Yalyalup, comprising current Reserve 9298. In order to formalise this process, Council requires the following to be undertaken:

 

1.         Declaration of the land at Lot 50 on Deposited Plan 416610 Volume LR3171 Folio 367 (Lot 50) as a ‘Cemetery’;

2.         Amalgamation of Lot 50 into the existing cemetery lot (Lot 51); and

3.         Request a Management Order over the amalgamated lots for the purpose of ‘Public Cemetery’.

 

The next stage of the process is to address the formalities involved in the declaration of the newly acquired land as ‘Cemetery’ by the Governor of WA.  This will then allow its amalgamation into the existing Public Cemetery Reserve (Reserve).

 

This report seeks the support of Council to authorise the CEO to make formal requests on behalf of the City to the relevant State agencies to undertake the processes required to achieve those outcomes.

 

BACKGROUND

After undertaking a demand analysis of available plots within the Busselton Cemetery in 2014, it was identified that the facility required either expansion or the acquisition of an alternative site.  Sites initially considered for potential expansion included Lot 11 Vasse Highway (Lot 11) and a portion of Lot 9009 Neville Hyder Drive (Lot 9009).

 

Following detailed assessments of both areas by environmental consultants, it was determined that, due to the likelihood of high development costs on the Lot 11 site, excising a portion of Lot 9009 and amalgamating it into the existing cemetery site was a better option. 

 

Following briefings with Council and negotiations with the land owner of Lot 9009 in 2019, the City entered into a contract to purchase the subject land under CEO Delegation LG3B.  Settlement of that contract resulted in the lodgement at Landgate of a deposited plan relating to a portion of Lot 9009 (Lot 50) in December 2019.  Lot 50 had been subdivided from the original Lot 9009 with the intention of incorporating it into the Reserve. As a result of the statutory process outlined in the Officer Comment of this report, Lot 50 has been transferred direct to the State of WA.

 

The acquisition and integration of newly created Lot 50 into the Reserve will create a Public Cemetery of approximately 5.7 hectares in area. City Officers estimate that the plot yield of Lot 50 is likely to be in excess of 1000 additional burial sites.  The infrastructure development costs have previously been allocated in the 2018/2019 Budget and are in accordance with the Long Term Financial Plan.

OFFICER COMMENT

Acquisition of Lot 50 was the first step to securing the expansion area.  An application to the Department for Local Government, Sports and Cultural Industries (DLGSC) is now required to formally recognise the land as cemetery land. Upon approval by the Minister of the DLGSC, Parliamentary Counsel will draft an order and a request will be made to the Governor to formally declare the land as a ‘Cemetery’. The Governor’s declaration will be published in the Government Gazette, at the cost of the City.

 

The request to the DLGSC will require the provision of Council minutes in support of the proposal, together with a full description of the entire Reserve area, including the existing Cemetery land, evidence of consultation with relevant parties, a ‘Cemetery Expansion Land Use Report’ and a Level 2 Floral Vegetation Survey Report. With the exception of Council Minutes, all documentation and reports have already been collected and coordinated by officers in readiness.

 

In accordance with a process facilitated by section 152 of the Planning and Development Act 2005, Lot 50 was transferred direct to the State of WA for the purpose of ‘Cemetery’.  The Department of Planning Lands and Heritage (DPLH) has already provided written support for the inclusion of Lot 50 within the Reserve, subject to the formal agreement of Council.

To facilitate future development and management of the expanded Busselton Cemetery, it will be necessary to formally request that DPLH issue a Management Order placing the care, control and management of the new expanded Reserve in the City of Busselton. This report therefore seeks Council approval to request and accept such a Management Order in favour of the City.

Statutory Environment

Lot 50 has been vested in the Crown under section 152 of the Planning and Development Act 2005

 

Under section 51 of the Land Administration Act 1997, the Minister for Lands may by order amend the boundaries of or the location of lots comprising a reserve and incorporate Lot 50 into Reserve 9298.

 

Section 4(1) of the Cemeteries Act 1986 deals with the requirements in relation to the declaration of the land as a ‘Cemetery’ and publication of the Governor’s Order in the in the Government Gazette.

Relevant Plans and Policies

The officer recommendation aligns to Key Goal Areas 6 of the Strategic Community Plan in so far as the responsible management of City assets are concerned.  The declaration of the land as a ‘Cemetery’ ensures the future sustainable management and development of the Busselton Cemetery, with costs involved in the associated infrastructure requirements relatively low and with minimal impacts on natural flora and fauna. 

 

The use of the additional land for the purpose of ‘Cemetery expansion’ is identified in the Structure Plan for the Airport North Industrial Park endorsed on 4 May 2012.

Financial Implications

Costs incurred for the acquisition of Lot 50 were allocated and expended from the current financial year’s budget - these costs to date are $79,122. $100,000 was allocated from the Cemetery Reserve for this purpose, which was a carryover from the 2018/19 financial year. Further costs are expected in association with advertising and finalising of the transfer of land.

 

Costs for fencing and internal road infrastructure within the expanded portion of the Busselton Cemetery will occur in the 2020/21 budget, which will also be funded by the Cemetery Reserve.

Stakeholder Consultation

Liaison and consultation occurred with a number of State Government agencies during the course of investigating the suitability of Lot 50 for cemetery expansion. These included the Department of Local Government, Sports and Cultural Industries, the Department of Planning, Lands and Heritage and the Department of Biodiversity, Conservation and Attractions.

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.

 

There are no identified risks of a medium or greater level associated with the officer recommendation, with the recommendation serving to mitigate the risks associated with failing to obtain a formal declaration of the land or accepting management of it.


 

Options

As an alternative to the officer recommendation, Council could:

1.    Choose not to require a Governor declaration of the status of the land as a ‘Public Cemetery’ at this stage and delay the process for a nominated period of time.

2.    Choose not to accept a Management Order of the new lot within the Public Cemetery Reserve.

Neither of the above options are recommended, as the need to make Lot 50 available for the expansion of the Busselton Cemetery within the next 1-2 financial years has already been identified.

CONCLUSION

The practical capacity of burial lots within the existing Busselton Cemetery has, for some denominations, already been reached; others are expected to be exhausted in the very near future. The extensive research undertaken and reports commissioned prior to acquisition of Lot 50 render the use of this land as appropriate for such expansion, as does its location, being directly adjacent to the existing cemetery land.

 

Before embarking on the infrastructure costs required to incorporate Lot 50 into the Reserve, it is appropriate to undertake the statutory processes of declaration and amalgamation as outlined in this report.  Council support to commence the formalities and engage with the appropriate State agencies is therefore recommended.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The request of the CEO to the Minister for Local Government, Sports and Cultural Industries to commence the application to declare Lot 50 as Public Cemetery will be sent within 2 weeks of the date of determination by Council.  Once formally declared, the request to the Minister for Lands for amalgamation and issue of a Management Order will follow.  


Council                                                                                      73                                                             26 February 2020

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

Director Finance and Corporate Services - Tony Nottle

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 AND OFFICER RECOMMENDATION

C2002/072              Moved Councillor L Miles, seconded Councillor P Carter

 

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

17.1.1      Current Active Tenders

17.1.2       Donations, Contributions and Subsidies Fund – January 2020

 CARRIED 7/0

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

 

2019/2020 TENDERS

 

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

 

RFT14/19 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.

·    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 closed on 29 November 2019. 

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and will require Council approval.

·    At the Council meeting on 29 January 2020 Council accepted the tender from Kerry Hill Architects Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/016).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations and the final terms not exceeding a lump sum contract price of $1,979,440;        

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

·    Council endorsed the removal of Stage 2 from the overall project scope of works to allow further investigation into the viability of other potential sites for the establishment of a creative industries hub component in proximity to the cultural precinct.  Council also endorsed the project to progress through to detailed design and contract documentation noting the next hold point will be the recommendation for award of the project builder.

·    City officers are in process of negotiating the final contract with the Successful Tenderer in accordance with this Council resolution

 

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. 

·    Four submissions were received.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and will require Council approval.

·    At the Council meeting on 29 January 2020 Council accepted the tender from Shorewater Marine as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/015).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations not to exceed the overall project budget;  

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

·    In accordance with this Council resolution a contract was awarded by the CEO to Shorewater Marine in February 2020.

 

RFT22/19 BUSSELTON COASTAL ADAPTATION WORKS 2019/2020

·    Requirement – modification of the Holgate Road Groyne at Broadwater and construction of a new GSC groyne, as well as the construction of three new GSC groynes at Wonnerup.

·    A Request for Tender was advertised on 16 November 2019 with a closing date of 3 December 2019. 

·    Three submissions were received.

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and will require Council approval.


 

·    At the Council meeting on 29 January 2020 Council accepted the tender from BCP Contractors Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/015).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations not to exceed the overall project budget;  

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

·    In accordance with this Council resolution a contract was awarded by the CEO under delegated authority to BCP Contractors Pty Ltd in February 2020.

 

RFT25/19 BUSSELTON SENIOR CITIZENS CENTRE UPGRADE AND EXPANSION

·    Requirement – upgrade and expansion of the Busselton Senior Citizens Centre.

·    A Request for Tender was advertised on 27 November 2019 with a closing date of 17 December 2019. 

·    Five submissions were received.

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and will require Council approval.

·    At the Council meeting on 29 January 2020 Council accepted the tender from Devlyn Australia Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/016).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations not to exceed the overall project budget;  

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

·    In accordance with this Council resolution a contract was awarded by the CEO under delegated authority to Devlyn Australia Pty Ltd in February 2020.

 

RFT26/19 HOTEL SITE 1 PRECINCT CIVIL & LANDSCAPING WORKS

·    Requirement – civil and landscaping works to Busselton Foreshore Hotel Site 1.

·    A Request for Tender was advertised on 30 November 2019 with a closing date of 14 January 2020. 

·    Five submissions were received.

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and required Council approval.

·    At the Council meeting on 12 February 2020 Council accepted the tender from Industrial Roadpavers (WA) Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/016).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations not to exceed the overall project budget;  

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

•    City officers are in process of negotiating a final contract with the Successful Tenderer in accordance with this Council resolution

 

PQS01/20 SUPPLY AND LAYING OF EXTRUDED KERBING – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

·    Requirement – supply of laying of extruded kerbing.

·    The PQS was advertised on 4 January 2020 with a closing date of 28 January 2020. 

·    Four submissions were received.

·    In accordance with delegation DA 1-10 (previous delegation reference LG3M) the CEO has authority to establish the panel and to accept applications to join the panel.

·    It is anticipated that the evaluation process will be completed and the panel will be established and operational during February 2020.

 

PQS02/20 SUPPLY AND MAINTENANCE OF PRINTERS AND SCANNERS – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

·    Requirement – supply and maintenance of printers and scanners.

·    The PQS was advertised on 1 February 2020 with a closing date of 20 February 2020. 

·    In accordance with delegation DA 1-10 (previous delegation reference LG3M) the CEO has authority to establish the panel and to accept applications to join the panel.

·    It is anticipated that the evaluation process will be completed and the panel will be established and operational during March 2020.

 

RFT01/20 KING STREET COASTAL PARKLAND AND ABLUTIONS – DESIGN AND CONSTRUCT

·    Requirement – demolition of the existing ablution block and construction of a new King Street coastal parkland ablution block.

·    A Request for Tender was advertised on 1 February 2020 with a closing date of 18 February 2020. 

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07.

·    It is anticipated that the evaluation process will be completed and the contract awarded during March 2020.

17.1.2       Donations, Contributions and Subsidies Fund – January 2020

 

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 funds is delegated to the Chief Executive Officer, in accordance with published guidelines and finding availability.

 

Two applications were supported in January 2020 totaling $1,500.00 as outlined in the table below:

 

Recipient

Purpose

Amount

Jayden Fraser

Special Circumstances – Selected to represent WA at the World Enduro mountain bike event held in Whistler, Canada. Funds to assist with travel related expenses.

$500.00

Dunsborough and Districts Progress Association

Seeking funds for new banners and sound system for the Australia Day and Anzac day ceremony.

$1,000.00

January Total

$1,500.00


Council                                                                                      75                                                             26 February 2020

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

15.             Community and Commercial Services Report

15.1           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

4.3 Events and unique tourism experiences that attract visitors and investment.

SUBJECT INDEX

Events Sponsorship

BUSINESS UNIT

Commercial Services

REPORTING OFFICER

Events Coordinator - Peta Tuck

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

Nil

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2002/073              Moved Councillor L Miles, seconded Councillor P Carter

That the Council:

1.         Endorses an additional allocation of $10,000 for the 2020 Jazz by the Bay event, to be funded from the 2019/20 events budget; and

2.         Endorses an allocation of $30,000 towards the 2020 Squid Fest event to be funded from the 2020/21 events budget.

CARRIED 7/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

A meeting of the Marketing and Events Reference Group (MERG) was held on Wednesday 12 February 2020. This report presents the recommendations from that meeting.

 

BACKGROUND

At the Ordinary Meeting of Council held 13 April 2011, Council resolved (C1104/114) to endorse the implementation of a differential rating system whereby properties rated industrial and commercial across the City would directly contribute toward the City’s continued support of tourism, marketing and event activities.  The City also established a key stakeholders reference group, now known as the Marketing and Events Reference Group (MERG), to make recommendations to Council with respect to the marketing and events budget allocations.

 

At its meeting of 22 June 2011, Council resolved (C1106/201) to introduce a 3% Differential Rate on industrial and commercial rated properties which has increased over time to 10% in 2016/2017. The proceeds from the differential rate are allocated towards funding events and marketing.

 

The 2019/20 adopted budget for marketing and events totals $993,270. This excludes budget allocations for Leavers Week, administration, and events staffing.


 

A MERG meeting was held on Wednesday 12 February 2020, with the following key matters presented:

·    Update on events held since the last meeting on 18 November 2019 and upcoming major and new events;

·    Consideration of event funding requests for the 2019/20 and 2020/21 financial years; and

·    Discussion around the Tourism Council’s ‘Destination Boost’ program and ‘Spendmapp’ economic reporting tool.

 

OFFICER COMMENT

Supporting the development and attraction of new events throughout the year, the City’s Events Sponsorship Programme promotes the City of Busselton as an attractive event tourism destination for a range of events.  At the MERG meeting held 12 February 2020 a range of requests for events and marketing funding were considered as outlined below:

 

Requests for Funding – Events Budget

 

Two (2) requests for funding through the events budget were received.

 

Jazz by the Bay

 

Jazz by the Bay organisers have approached the City requesting additional funding support for the 2020 event to be held on 29 May – 1 June 2020. Unfortunately while they have seen steady growth in the patronage and reputation of the event, the organising committee have struggled to secure enough additional funding to be able to keep pace with the costs of the event, and to grow the festival.

 

Jazz by the Bay organisers have requested top up funding of $10-15k from the City, to allow the event to continue in 2020. This year is the last year of their multi-year agreement, and as such they will apply for a new agreement from 2020/21 onwards.

 

Squid Fest 2020

 

This is a brand new signature event to be held in Busselton.  It will take place over the weekend of 23-24 October 2020. The event will consist of squid clinics and competitions; local and guest chefs presenting cooking demonstrations; local food, wine and produce; a recreational fishing and boating expo; entertainment; children’s activities and more.  

 

The organisers are seeking an ‘out of round’ sponsorship, as the timing of their event requires funding commitment earlier to determine whether they are able to proceed. This event has been identified in the City’s Events Strategy as a key event to develop into a local signature event, similar to that of Jazz by the Bay and Fringe Festival.  The organisers have requested $50k in seed funding, MERG members recommend $30k, similar to the seed funding provided to Jazz by the Bay and Fringe Festival events.

 

MERG members recommend the following funding allocations:

 

Applications for funding from the 2019/20 events budget:

 

Event

Requested

Recommendation

Jazz by the Bay 2020 – additional funding

$10,000 - $15,000

$10,000

Total 2019/20

 

$10,000

Applications for funding through the 2020/21 events budget:

 

Event

Requested

Recommendation

Squid Fest 2020

$50,000

$30,000

Total 2020/21

 

$30,000

 

Busselton Chamber of Commerce (BCCI) – Business Council of Australia (BCA) luncheon

A letter was tabled from the BCCI, requesting funding of $5,000 to assist with the costs of hosting the BCA luncheon on 20 February 2020. At the Council meeting of 12 June 2019, Council endorsed (C1906/101) an allocation of $10,000 towards BCCI’s CBD Activation Calendar of Events, a series of small events to be held throughout the 2019/20 financial year.

 

To date, City officers have yet to receive all requested information to finalise the contract for this funding. It is not expected that all of the proposed events will be held, and hence BCCI will not be eligible to receive the full funding amount. It is therefore recommended the $5,000 of these funds be directed towards the BCA luncheon.

 

Destination BOOST

A proposal was received from the Tourism Council of Western Australia, for the City to sponsor the Destination BOOST tourism training program. The program includes destination profiling and metrics, business diagnostics, masterclass group training, business mentoring and trade introductions and exhibitions. The cost to the City is $30,000, which includes two days training for up to 20 businesses and intensive mentoring for five businesses. The recommendation is that officers investigate this proposal further and provide information back to MERG, for funding consideration as part of the 2020/21 marketing budget.

 

Spendmapp

The City’s Events and Economic Development staff have been investigating a data collection tool, Spendmapp, that analyses electronic bank transaction data to and from the local government area. The tool assists in capturing data in relation to the economic benefit of events, as well as monitoring spend (location, day and time, retail categories including food and beverage) within the local government area which could then be provided to assist business. Heat maps, graphs and other data can be produced to show spend through electronic banking, and also spending leakage from local residents to other regions. Many other local governments are already using this tool and have found it to be extremely useful. The recommendation is that officers investigate this proposal further and provide information back to MERG, for consideration of funding as part of the 2020/21 marketing budget.

Statutory Environment

The officer recommendation supports the general function of a local government under the Local Government Act 1995 to provide for the good government of persons in its district.

Relevant Plans and Policies

The officer recommendation is in line with the City’s Events Policy which provides event organisers with information on the event application and approval process and event sponsorship guidelines. 


 

Financial Implications

At the 31 July 2019 Council meeting, Council resolved (C1907/130) to include an allocation of $993,270 in the 2019/20 marketing and events budget, with a split of $693,270 for events and $300,000 for marketing. Funds committed from the 2019/20 Events Sponsorship Program through multi-year agreements and Rounds 1 and 2 totalled $682,875. However City officers have been advised of the cancellation of two (2) events (Yalambi Showjumping Classic – International CSIJ-B Teams Event $2k, Junior Beetles Rugby 10’s Competition $2k), leaving a balance of $14,395 in the 2019/20 events budget.

 

Of the $300,000 allocated to the Marketing Budget, $180,000 is allocated to the Airport Marketing Reserve leaving a balance of $120,000 to be applied to marketing initiatives in the 2019/20 financial year. Previous allocations for the CinefestOZ GO! activation of $11,528 (C1907/124) and Busselton Festival of Triathlon of $60,000 (C2001/019) totalling $71,528 have been endorsed, leaving a total of $48,472 remaining in the 2019/20 marketing budget.

 

As in previous years, this amount excludes budgetary allocations for ‘local’ events such as Leavers Week, administration, and events staffing.

Stakeholder Consultation

Consultation has been undertaken with MERG members with representatives comprising the Busselton and Dunsborough Yallingup Chambers of Commerce and Industry, Margaret River Busselton Tourism Association (MRBTA), Busselton Jetty Inc. and the City of Busselton.

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.  The officer recommendation does not introduce any risks identified as being of a high or medium level.

Options

Council may choose not to support the recommendations made by MERG and resolve not to endorse part or all of the recommendations.

CONCLUSION

MERG has been assigned by Council to make recommendations on the way in which funds raised through the industrial and commercial differential rate for the purposes of events and marketing are allocated.  This report contains the recommendations made at the 12 February 2020 MERG meeting, which if endorsed by Council, will result in the continuation of high quality events being held within the region, supported by successful marketing promotions.  All recommendations support Council’s vision of being recognised as the ‘Events Capital WA.’

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Following Council’s decision, the outcomes will be communicated to MERG members and relevant event/marketing bodies for their information and implemented where required.


 

14.             Engineering and Work Services Report

Nil


Council                                                                                      79                                                                26 February 2020

18.             Motions of which Previous Notice has been Given

Nil  

 

19.             urgent business

The Presiding Member consented to a member moving a motion in relation to an item ‘Urgent Budget

Amendment Request - Busselton Margaret River Airport’ on the basis of the item being urgent business as it cannot wait inclusion in the agenda of the next Council meeting, due to a budget amendment required to enable works associated with the airport development project to be completed to meet the timeframe for the Jetstar Services on 25 March 2020.

 

MOTION

C2002/074              Moved Councillor R Paine, seconded Councillor P Carter

 

That the Council consider the item ‘Urgent Budget Amendment Request – Busselton Margaret River Airport’ as urgent on the basis it cannot wait inclusion in the agenda of the next Council meeting, as a budget amendment is required to enable works associated with the airport development project to be completed in time to meet the timeframe for the Jetstar Services on 25 March 2020.

CARRIED 7/0

 

As this matter is of a confidential nature, in accordance with Section 5.23(2) of the Local Government Act 1995, Council will consider the officer recommendation for the Item ‘Urgent Budget Amendment Request - Busselton Margaret River Airport’ at Item 20 of the Agenda ‘Confidential Reports’.


Council                                                                                      81                                                                26 February 2020

20.             Confidential Reports  

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

 

20.1           BUSSELTON MARGARET RIVER AIRPORT BUDGET AMENDMENT REQUEST

STRATEGIC GOAL

5. TRANSPORT Smart, connective and accessible

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Busselton Margaret River Airport

BUSINESS UNIT

Community and Commercial Services

REPORTING OFFICER

Director, Community and Commercial Services - Naomi Searle

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

Nil

 

This item is confidential in accordance with section 5.23(2) (c) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting.

 

As no discussion or debate was required with respect to the confidential nature of the report and officer’s recommendation, the meeting remained open to the public.

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C2002/075              Moved Councillor P Carter, seconded Councillor K Cox

 

That the Council endorses the recommendations outlined within the report.

CARRIED 7/0

BY ABSOLUTE MAJORITY

 


 

21.             Closure

The Presiding Member closed the meeting at 5.40pm.

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 81 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 11 March 2020.

 

DATE:____________________ PRESIDING MEMBER:     _____________________________