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 28 April 2021

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. 5

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

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 14 April 2021. 5

Committee Meetings. 6

8.2          Minutes of the Capes Region Organisation of Councils held 23 March 2021. 6

8.3          Minutes of the Finance Committee Meeting held 14 April 2021. 6

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

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

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

ADOPTION BY EXCEPTION RESOLUTION.. 7

12.1        Finance Committee - 14/4/2021 - LIST OF PAYMENTS MADE - FEBRUARY 2021. 8

12.2        Finance Committee - 14/4/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 28 FEBRUARY 2021. 18

12.5        Finance Committee - 14/4/2021 - BUSSELTON GOLF CLUB INC. SELF SUPPORTING LOAN.. 56

13.2        AMENDMENT NO. 51 TO LOCAL PLANNING SCHEME NO. 21 (SCHEDULE 10 DEVELOPMENT CONTRIBUTION AREA) - CONSIDERATION FOR PREPARATION.. 60

15.1        ARTGEO RESIDENT ARTIST LEASE STUDIO 2. 66

15.2        COMMUNITY ASSISTANCE PROGRAM 2021/22. 71

16.4        PILOT PARTICIPATORY BUDGETING BASED PROGRAM.. 78

17.1        COUNCILLORS' INFORMATION BULLETIN.. 84

ITEMS TO BE DEALT WITH  BY SEPARATE RESOLUTION (WITHOUT DEBATE). 88

12.4        Finance Committee - 14/4/2021 - APPLICATION FOR RATE EXEMPTION - RELATIONSHIPS AUSTRALIA WA INC. 88

16.2        REVIEW OF CAPES REGION ORGANISATION OF COUNCILS (CapeROC) MEMORANDUM OF UNDERSTANDING.. 100

16.5        INTRODUCTION OF SERVICE IMPROVEMENT REVIEWS. 115

ITEMS FOR DEBATE. 135

12.3        Finance Committee - 14/4/2021 - ADOPTION OF THE 2021/22 LIST OF FEES AND CHARGES. 135

13.1        DA 20/0916 - MIXED USE DEVELOPMENT (BREWERY, TAVERN, RESTAURANT/CAFE, SHOP AND TOURIST ACCOMMODATION). 176

16.1        ADOPTION OF CITY OF BUSSELTON CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES. 593

16.3        ADOPTION OF CEO STANDARDS RECRUITMENT, PERFORMANCE REVIEW AND TERMINATION   666

18..... Motions of which Previous Notice has been Given.. 675

19..... urgent business. 676

19.1        BUSHFIRE NOTICE 2021/22. 676

20..... Confidential Reports. 680

21..... Closure. 680

 


Council                                                                                      5                                                                        28 April 2021

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN THE Council Chambers, Administration Building, Southern Drive, Busselton, ON 28 April 2021 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 5.42pm.

The Presiding Member noted this meeting is held on the lands of the Wadandi people and acknowledged them as Traditional Owners, paying respect to their Elders, past and present, and Aboriginal Elders of other communities who may be present.

 

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Kelly Hick             Deputy Mayor

Cr Sue Riccelli

Cr Ross Paine

Cr Kate Cox

Cr Paul Carter

Cr Phill Cronin

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:

 

Nil

 

 

Media:

 

“Busselton-Dunsborough Times”

 

 

Public:

 

0

 

3.               Prayer

The prayer was delivered by Pastor Simon Holmes of the Busselton Baptist Church.

 

4.               Application for Leave of Absence 

Nil

 

5.               Disclosure Of Interests

The Mayor noted that declarations of financial interests had been received from:

 

·         Councillor Ross Paine in relation to Agenda Item No. 12.4 ‘Finance Committee - 14/4/2021 - Application For Rate Exemption - Relationships Australia WA Inc.’.

 

·         Councillor Sue Riccelli in relation to Agenda Item No. 12.4 ‘Finance Committee - 14/4/2021 - Application For Rate Exemption - Relationships Australia WA Inc.’.

 

The Mayor noted that declarations of impartiality interests had been received from:

 

·         Councillor Kelly Hick in relation to Agenda Item No. 13.1 ‘DA 20/0916 - Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation)’.

 

·         Councillor Kelly Hick in relation to Agenda Item No. 19.1 ‘Bushfire Notice 2021/22’.

 

The Mayor advised that in accordance with the Local Government (Model Code of Conduct) Regulations 2021 these declarations would be read out immediately before these items were discussed.

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

The City supported the Yallingup Boardriders Shredfest, which was significant as it was the inaugural event. One of the winners of Shredfest gained a wildcard to compete in the Margaret River Pro, so the event is a great breeding ground for young surfers.

 

It was exciting for the Busselton Margaret River Airport to welcome its first non-military wide-bodied aircraft, the A330 Qantas charter flight.

 

The City commemorated ANZAC day with what was likely one of biggest services in the State due to the restrictions elsewhere.

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

The following questions were taken on notice by the Council at the 14 April 2021 Ordinary Council meeting:

 

7.1             Mr Keith Sims

 

Question

Do the tenders for the performing arts centre that have recently gone out include the building only or the fit-out as well?

 

Response

The current budget for the total project is $28.5 million. The tenders that have recently been issued include the building and fit-out. It will then be a matter for Council to consider when it is in receipt of all the tenders.

 

7.2             Mr Keith Sims

 

Question

There are two business case documents on the website for the Busselton Performing Arts and Convention Centre (BPACC) – one is dated August 2020 labelled “final” and there is a December 2020 version which is still in draft form. Which document are we working from?

 

Response

The website content is constantly being updated as planning progresses for the BPACC. The document labelled “BBRF BPACC Business Case January 2021” is the most recent business case with the Creative Industry Hub removed. The document labelled “Attachment B BPACC Business Operations Plan draft” is the most recent draft of a plan for how the facility will operate. The website still contains the previous version of the Draft Business Operations Plan. To avoid confusion this will be removed. Naturally, as projects are developed and refined, its business case will change or be modified. This happens all the time with any project if the objective is to seek the best outcome.

 

Question Time for Public

 

Nil

 

 

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

8.1             Minutes of the Council Meeting held 14 April 2021

Council Decision

C2104/065              Moved Councillor P Cronin, seconded Deputy Mayor K Hick

 

That the Minutes of the Council Meeting held 14 April 2021 be confirmed as a true and correct record.

CARRIED 9/0

Committee Meetings

 

8.2             Minutes of the Capes Region Organisation of Councils held 23 March 2021

Council Decision

C2104/066              Moved Deputy Mayor K Hick, seconded Councillor P Carter

 

That the Minutes of the Capes Region Organisation of Councils meeting held 23 March 2021 be noted.

CARRIED 9/0

 

8.3             Minutes of the Finance Committee Meeting held 14 April 2021

Council Decision

C2104/067              Moved Councillor P Carter, seconded Councillor J Barrett-Lennard

 

That the Minutes of the Finance Committee Meeting held 14 April 2021 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

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

C2104/068              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

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

               

12.1        Finance Committee - 14/4/2021 - LIST OF PAYMENTS MADE - FEBRUARY 2021

 

12.2        Finance Committee - 14/4/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 28 FEBRUARY 2021

 

12.5        Finance Committee - 14/4/2021 - BUSSELTON GOLF CLUB INC. SELF SUPPORTING LOAN

 

13.2        AMENDMENT NO. 51 TO LOCAL PLANNING SCHEME NO. 21 (SCHEDULE 10 DEVELOPMENT CONTRIBUTION AREA) - CONSIDERATION FOR PREPARATION

 

15.1        ARTGEO RESIDENT ARTIST LEASE STUDIO 2

 

15.2        COMMUNITY ASSISTANCE PROGRAM 2021/22

 

16.4        PILOT PARTICIPATORY BUDGETING BASED PROGRAM

 

17.1        COUNCILLORS' INFORMATION BULLETIN:

CARRIED 9/0

En Bloc

 


Council                                                                                      9                                                                        28 April 2021

12.1           Finance Committee - 14/4/2021 - LIST OF PAYMENTS MADE - FEBRUARY 2021

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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 is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   List of Payments - February 2021

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2104/069              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

That the Council notes payment of voucher numbers M118592 – M118688, EF077260 – EF077861, T7544 – T7547, DD004390 – DD004412, together totalling $5,329,584.31.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of February 2021, 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, 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 February 2021 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 February 2021 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

17

28 April 2021

12.1

Attachment a

List of Payments - February 2021

 









Council                                                                                      36                                                                      28 April 2021

12.2           Finance Committee - 14/4/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 28 FEBRUARY 2021

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Financial Services

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 budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Financial Activity Statement - YTD February 2021

Attachment b    Investment Report - February 2021

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2104/070              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

That the Council receives the statutory financial activity statement reports for the period ending 28 February 2021, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 9/0

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 28 February 2021.

 

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 27 July 2020, the Council adopted (C2007/071) the following material variance reporting threshold for the 2020/21 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 2020/21 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 only if not to do so would present an incomplete picture of the financial performance for a particular period; 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 28 February 2021

The Statement of Financial Activity (FAS) for the year to date (YTD) as at 28 February 2021 shows an overall Net Current Position of $18.3M as opposed to the budget of $10.6M. This represents a positive variance of $7.7M YTD.  This variance increased by $2.2M from $5.4M at the end of January.  

 

The following table summarises the major YTD variances that appear on the face of the FAS, which, in accordance with Council’s adopted material variance reporting threshold, collectively make up the above difference.  Each numbered item in this lead table is explained further in the report.

 

Description

2020/21
Actual YTD

$

2020/21
Amended
Budget YTD

$

2020/21
Amended
Budget

$

2020/21
YTD Bud Variance

%

2020/21
YTD Bud Variance

$

Change in Variance Current Month

$

Revenue from Ordinary Activities

 

1.28%

893,638

259,761

1.    Other Revenue

370,754

239,832

424,730

54.59%

130,922

984

 

 

 

 

 

 

 

Expenses from Ordinary Activities

 

7.54%

4,011,343

551,842

2.    Materials & Contracts

(8,649,313)

(11,652,730)

(18,067,582)

25.77%

3,003,417

693,606

3.    Other Expenditure

(2,656,187)

(5,236,779)

41.73%

1,108,526

45,559

(2,656,187)

 

 

 

 

 

 

 

4.    Non-Operating Grants, Subsidies and Contributions

4,207,926

8,588,286

34,437,199

(51.00%)

(4,380,360)

(677,275)

 

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

14.12%

4,283,544

1,411,572

5.    Land & Buildings

(2,899,541)

(3,677,100)

(17,454,059)

21.15%

777,559

(131,693)

Plant & Equipment

(888,978)

(2,364,896)

(2,510,340)

62.41%

1,475,918

318,839

Furniture & Equipment

(221,420)

(443,088)

(461,088)

50.03%

221,668

(19,760)

Infrastructure

(11,126,065)

(22,286,516)

(40,004,996)

50.08%

11,160,451

1,665,453

6.    Proceeds from Sale of Assets

218,394

581,500

581,500

(62.44%)

(363,106)

41,753

7.    Proceeds from New Loans

0

7,700,000

7,700,000

(100.00%)

(7,700,000)

0

8.    Repayment of Capital Lease

(336,646)

(391,424)

(521,900)

13.99%

54,778

(17,494)

9.    Advances to Community Groups

0

(200,000)

(200,000)

100.00%

200,000

0

10.  Transfer to Restricted Assets

(3,202,294)

(36,672)

(62,750)

(8632.26%)

(3,165,622)

(536,463)

11.  Transfer from Restricted Assets

1,570,221

100,000

2,807,074

1470.22%

1,470,221

(54,205)

 

 


Revenue from Ordinary Activities

In total, revenue from Ordinary Activities is $894K, or 1.28%, ahead of budget YTD.  The only material variance item contributing to this is:

 

1.      Other Revenue

Ahead of YTD budget by $131K, or 54.59%, mainly due to the items listed in the table below:

Revenue Code

Revenue Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Community and Commercial Services

31,283

4,280

27,003

630.90%

(4,369)

10591

Geographe Leisure Centre – LSL Contributions from other LG’s

18,132

 -

18,132

100.00%

 -

Long Service Leave entitlements accrued can be transferred between local governments. 

This receipt was budgeted for in June, however it was received earlier than expected.

10625

Art Geo Administration –

Sale of Artworks

9,236

 -

9,236

100.00%

(5,536)

The distribution of the proceeds of artwork sales on behalf of the artists is done in the month following the sales after the monthly reconciliation process.

Planning and Development Services

171,077

93,832

77,245

82.32%

3,559

10925

Preventative Services –

CLAG – Sundry Income

77,297

2,720

74,577

2741.81%

(326)

Due to the much earlier and more significant onset of the Ross River Virus threat, extra chemical applications were required. Permission was received from the Department of Health to draw extra trust funds for these purposes.

10970

Parking Control –

Parking Fines & Costs

26,562

40,000

(13,438)

(33.59%)

(1,096)

Budgeting for this is always done on a simple historical trend basis, and is never a targeted revenue source.  It is down on budget due to the enforcement team being temporarily understaffed.

Engineering and Works Services

140,967

116,734

24,233

20.76%

697

11107

Engineering Services Design – LSL Contributions from other LG’s

14,475

 -

14,475

100.00%

 -

Long Service Leave entitlements accrued can be transferred between local governments. At the time of budgeting, it was not known that the City would be employing a person for whom a LSL entitlement would be transferred.

12642

NCC Standpipe – Sale of Water

2,470

16,664

(14,195)

(85.18%)

(2,083)

The consumption and associated sale of water from this facility has not been as high as originally forecast.

G0030

Busselton Transfer Station – Sale of Scrap Materials

80,615

59,072

21,543

36.47%

535

There was an initial spike in sales compared to the timing of the budget, and better than predicted prices received for scrap metal. However, it is predicted that this will slow somewhat as the financial year progresses.

 

 

 

 

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $4M, or 7.54%, less than expected when compared to the budget YTD as at February. The following individual expense line items on the face of the financial statement have YTD variances that meet the material reporting thresholds:

 

2.      Materials and Contracts

Better than budget by $3M, or 25.77%. The table below lists the main items contributing to this variance:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

1,520,066

1,584,638

64,572

4.1%

42,310

10151

Rates Administration

168,425

217,271

48,846

22.5%

5,805

The variance is predominantly due to the under spend in consultancy. This budget was for the Rating Review Project, funded by reserves. The project has been delayed due to resourcing issues in the Rates team, plus communications with the Minister regarding rates reviews that have changed the scope of the project.  Unspent funds will remain carried forward in the reserve to fund the revised project.

10200

Financial Services

35,924

54,510

18,586

34.1%

4,715

Due mainly to a reduction in bank fees that were budgeted at a higher amount, plus none of the consultancy budget has been used YTD. This will potentially be used later in the financial year in relation to adoption of new accounting standards, plus updates to the Long Term Financial Plan model.

10250

Information & Communication Technology Services

952,949

887,522

(65,427)

(7.4%)

43,389

·        Software licences – The City’s licences are on track to go over budget this year with the addition of some unplanned software; this should be balanced elsewhere. The payment curve for this is not smooth and the City has recently paid some large invoices including T1.

·        Photocopying – As mentioned in Customer Service below, the printer costs are routing through this account hence the budget overspend.

·        GIS costs – It was planned to use a new image provider at a reduced cost, unfortunately they could not provide what was agreed upon and the City continued to use Landgate. This will be adjusted for next budget.

10360

Customer Services

16,304

31,688

15,384

48.5%

1,894

·        Photocopying – The Finance team going paperless has had a significant impact on the City’s paper spend, especially for coloured paper. In addition, an arrangement has been made with the Executive Assistants for auditing of the stationery supplies in their departments, so ordering has more closely aligned to needs rather than maintaining large stores.

·        Computer Consumables – Historically, printer cartridges etc. came from this bucket. With the adoption of more printers using a full supply contract this account is not being utilised. The City still orders some cartridges manually but the number is heavily reduced. This will be reviewed during the upcoming budget considerations for 21/22 to get a better idea of actual spend.

10500

Legal & Compliance Services

88,764

40,920

(47,844)

(116.9%)

(19,767)

Greater than expected spend of external legal representation (largely due to increase in prosecutions/compliance action plus a Supreme Court matter). It was acknowledged when the legal budget was set last year that a transfer from the legal reserve may be required.

10521

Human Resources & Payroll

21,121

43,904

22,783

51.9%

2,416

The variance is timing related, with consultancy funds related to the organisational staff survey yet to be expended. Procurement is currently in progress with expenses expected to be incurred by April 2021.

10616, 10617 & 10618

Aged Housing

49,523

94,408

44,885

47.5%

3,296

Lower than expected maintenance costs to the end of the reporting period.

Less reactive maintenance for FY to date.

Community and Commercial Services

784,469

1,534,019

749,550

48.9%

233,299

10380

Busselton Library

38,083

78,759

40,676

51.6%

(1,331)

·        Furniture & Office Equipment - The purchase of new furniture and office equipment (under the capitalisation threshold) has been delayed due to the new renovations and subsequent requirement for furniture and fit-out of the new children’s area. Increased expenditure will occur over the next few months in line with budget.

·        Library Resources - Spending on Library Resources was delayed whilst tenders were sought for a new “buy local” initiative.  A significant number of purchase orders have been raised since November, with items due to be received over the next few months.

·        Entity Specific Consumables – The coffee machine has been disposed of, which means that there will be no expenditure, and no offset income.

·        Photocopying – Currently investigating zero expenditure. It appears photocopy paper is not being correctly costed to the library budget before being issued from central stores. This will be rectified in consultation with Customer Service Team.

10381

Dunsborough Library

14,914

25,004

10,090

40.4%

(92)

·        Contractors – Carpet cleaning has been rescheduled to occur in March/April 2021.

·        Other Computer costs - $1,800 networking costs no longer required.

·        Photocopying – see Busselton explanation.

·        Library Resources – see Busselton explanation.

10540

Recreation Administration

8,994

34,214

25,220

73.7%

3,378

The City’s application to the State Government for the 2021 & 2022 Every Club grants was successful. As of 28 February, the City is still awaiting the grant deeds which will stipulate conditions/details of grants. It is envisaged that this budget will be spent by year’s end.

10541

Recreation Planning

1,030

89,333

88,303

98.8%

8,333

Timing of expenditure was awaiting the outcomes of external grant applications. As of 28 February, grant deeds have now been finalised; and the scope and quote with preferred consultant is being finalised. The expected expenditure is now due in Q4.

10590

Naturaliste Community Centre

36,079

70,490

34,411

48.8%

630

The Naturaliste Community Centre was closed due to COVID-19 and, upon reopening, was subject to phased restrictions which limited the attendance numbers and therefore expenditure associated with City programs and services throughout the first two quarters. To date, the City is still limited by Phase 4 restrictions and have limited numbers in some activities affecting a slow return to business as usual and therefore planned expenditure. Business is now picking up and the City is likely to see increased expenditure over the next few months in line with budget.

10591

Geographe Leisure Centre

188,001

258,486

70,485

27.3%

7,419

This is the same as the factors listed above for the NCC.

10600

Busselton Jetty Tourist Park

268,990

387,344

118,354

30.6%

37,300

The variance can be attributed to two outstanding monthly management fee invoices ($41,125 – runs one month in arrears), due to presentation and payment of the invoice. Other expenditure that has not occurred falling within Materials & Contracts are related to non-scheduled maintenance, garden maintenance, purchase of materials, and savings in cleaning materials and disposal of waste fees.

 


 

10630

Economic and Business Development Administration

12,716

66,591

53,875

80.9%

6,027

The budget is made up of numerous line items that have been spread throughout the year. The actual timing for these things are inherently difficult to predict, as more often than not they depend on interactions with outside third parties for development opportunities and collaborations. For example, the City budgets for advertising and marketing, but need to wait for relevant opportunities to arise throughout the year that may not necessarily align with budget timing.

10980

Other Law, Order & Public Safety

 -

149,792

149,792

100.0%

149,792

Payment to Surf Lifesaving WA delayed.  As at 28 February, awaiting signed Deed of Service.

Expected expenditure is now due in Q4.

11151

Airport Operations

97,217

232,413

135,196

58.2%

9,541

The budget variance YTD includes the key allocations of:

1.         security screening of $45K not spent;

2.         contractors - $44K for tree clearing not completed/expended;

3.         the remainder of the variance relates to commitments for:

·                car park design, line marking, repairs and maintenance of approximately $24K;

·                runway line marking and turn pad design of approximately $8K;

·                airside fencing and apron lighting repairs of approximately $4K;

·                general grounds maintenance and improvements of approximately $10K.

B1361

YCAB (Youth Precinct Foreshore)

22,321

37,912

15,591

41.1%

(96)

Operating grants forecast were not available as planned and therefore associated expenses did not occur. Alternative funding was sourced to run a program in Dunsborough which commenced in February, when expenses to deliver will start to be seen.

Planning and Development Services

732,363

1,333,839

601,476

45.1%

96,404

10820

Strategic Planning

129,693

161,616

31,923

19.8%

20,202

Estimated revenues (re-zonings, structure plans) and anticipated consultant contracts (for specialised works seen as likely to be needed for scheduled City projects) are often quite difficult to predict as they are subject to third-party intentions and initiatives, or competing demands and task allocation/prioritisation at the City.

10830

Environmental Management Administration

223,685

337,430

113,745

33.7%

(9,601)

Expenditure variance due to:

1.         Timing of Barnard Park East management plans contract, due April 2021, pending completion of upgrade works;

2.         Lower Vasse River sediment removal and groundwater investigations were delayed, now due May 2021;

3.         Carbunup reserve contaminated site investigations due May 2021.

10920

Environmental Health Services Administration

839

26,115

25,276

96.8%

110

YTD budget includes error of $5,000 extra within 3280 (Contractors), Contractor allocation of $5,000 to implement audit outcomes now completed in house. Traditional pre-summer assessment of sound level meters revealed little to no faults requiring repair due to 2020 COVID event cancellations.

10922

Preventative Services – Mosquitoes

18,774

31,917

13,143

41.2%

12,221

$5K allocated to consultancy was meant to be for a review of the City’s Mosquito Strategy, however this was completed in house.  This money will now not be utilised this financial year. There is also an $8K underspend in chemicals, however this may be due to a calculation and reconciliation error in relation to trust and reserve funds able to be utilised.  This is being investigated and may be rectified in March/April.

10925

Preventative Services – CLAG

119,098

57,664

(61,434)

(106.5%)

83

Due to the much earlier and more significant onset of the Ross River Virus threat, extra chemical applications, transport, etc were required. Permission was received from the Department of Health to draw extra trust funds for these purposes (see positive variance in Other Income section above). Full reconciliation of the CLAG budget will occur by the end of the financial year.


 

10931

Protective Burning & Firebreaks –Reserves

37,016

362,592

325,576

89.8%

43,934

Mitigation work is heavily weather reliant. Grant funding is provided by State government in a lump sum payment and is not reflective of timing on mitigation expenditure. Implementation of mechanical and chemical programs across the approved grant application treatments commence at the beginning of May. Outstanding payments to Brigades for burning completed in spring has not been made to reflect in YTD; purchase orders have been processed and are outstanding as commitments. 

11170

Meelup Regional Park

53,634

117,397

63,763

54.3%

4,487

Expenditure variance due to timing of awarding cultural heritage assessment contract as part of the Meelup Regional Park Management Plan review. This was budgeted to occur in November, but is now planned for mid-March 2021, due to initial request for services not attracting a suitable service provider.

B1010-B1028

Bushfire Brigades – Various

66,990

101,712

34,722

34.1%

11,903

Emergency operations dependant. YTD will vary according to operational requirements.

Engineering and Works Services

5,610,770

7,194,994

1,584,224

22.0%

321,214

12600

Street & Drain Cleaning

179,127

291,824

112,697

38.6%

17,717

YTD expenditure for these services are tracking at a lower rate than in previous financial years. The majority of drain abduction works will commence prior to the rainy season in the last quarter of the financial year to ensure drains are free of debris to mitigate against flooding. There is also $243K in committed costs associated with future planned and scheduled maintenance of this type. This budget will be fully expended by 30 June.

12620 & 12621

Rural & Urban Tree Pruning

98,885

252,000

153,115

60.8%

18,247

Expenditure for pruning and the removal of dead trees and debris was being withheld to the value of $247K to help offset storm damage clean-up costs incurred in relation to the May 2020 storm. A total of $403K in Contractor based clean-up costs were incurred post 30 June with these costs coded against the individual roads impacted. In February, it was confirmed that the City had secured storm claim reimbursement revenue, thus this budget is now available to be utilised. Contractor availability will now determine if the backlog of works can be completed by 30 June. It is anticipated that all of the annual budget will be utilised.

Various

Bridge Maintenance

18,514

120,808

102,294

84.7%

12,153

Expenditure on Bridge Maintenance activities was also withheld to the value of $105K to help offset May 2020 storm damage related costs. Now that it has been confirmed that the City will secure reimbursement for storm damage, this budget has been reinstated. Contractor availability will now determine if works temporarily put on hold can be completed by 30 June. There are $95K in commitments that represent planned works or works that are currently in the process of being completed.

Various

Building Maintenance

879,527

947,384

67,857

7.2%

(17,319)

The year to date variance associated with Building Maintenance decreased by $17K in February from January. Scheduled maintenance activities on buildings primarily occur in the second half of the financial year outside of peak periods to minimise the impact to users of those facilities. Hence the year to date variance to budget will continue to trend lower to 30 June.

Various

Other Infrastructure Maintenance

719,802

1,170,994

451,192

38.5%

46,494

This category encompasses the consolidation of 84 separate and unique services delivered broadly across the City. It includes things like: event support; boat ramp maintenance; cemetery maintenance; maintenance at the Libraries and GLC; caravan park maintenance; street lighting installation; the foreshores; the CBD’s; cycleways and footpaths, etc. The $451K expenditure variances for February is mostly attributable to timing with the budget having been evenly spread across the financial year. There is also $453K in committed costs that represents works currently being undertaken or works yet to be invoiced.  Material & Contractor costs associated with the majority of these areas is forecast to increase closer to the end of the financial year.

 


 

Various

Waste Services

1,259,417

1,770,472

511,055

28.9%

92,432

The YTD under expenditure to budget for Waste Services Consolidated is attributable to many factors including the following:

·        $63K favourable variance associated with the processing of the Green Waste stockpiles. This will occur prior to 30 June based on contractor availability. A Request for Quotation (RFQ) has been issued.

·        $49K favourable variance associated with the postponement of the FOGO trail. These funds will be retained in the Waste Reserve.

·        $73K favourable variance associated with contamination site costs where at the time of budget preparation annual costs were unknown; investigations are ongoing.

·        Approximately $80K in relation to the timing and processing of the monthly recycle (yellow top) bin invoices i.e. the February service costs will be processed into March.

1.         · Approximately $20K in relation to the timing and processing of the monthly Cleanaway General Waste disposal invoice. The February service costs will be processed into March.    

Various

Roads Maintenance

678,278

220,312

(457,966)

(207.9%)

39,946

The higher than normal costs are largely associated with storm damage clean-up costs stemming from the May 2020 storm events, where there has been $403K in extraordinary Material & Contractor costs incurred against Road Maintenance. In February the City was notified that it will be in receipt of reimbursements that effectively cover and offset against this overspend. The Road Maintenance budget is being carefully managed exclusive of storm-related costs that have been reimbursed.

Various

Reserve Maintenance

866,275

1,202,029

335,755

27.9%

38,342

Materials & Contracts costs associated with Public Open Spaces are historically lower in the cooler first months of the  financial year – July through to September - with expenditure patterns starting  to increase through October to December then spiking through January to April before beginning to moderate lower again after the Easter public holidays.  Going against the trend actual costs incurred in February totalled $127K against a monthly budget of $149K further adding to the favourable position. Included in the YTD variance is a one-off non-cash stock adjustment made against Materials & Contracts reducing expenditure against budget by $106K. Of note, there is $355K of committed costs representing planned expenditure to occur in future periods – this will significantly reduce the underspend variance.

5280

Transport - Fleet Management

895,481

1,197,507

302,026

25.2%

53,264

Fuel was underspent by $175,517 YTD due to delays in processing invoices due to fleet staff absences, lower fuel cost and lower vehicle utilisation. Tyre purchase was underspent by $1,612 YTD, replacement parts/tooling/contractor costs were underspent by $128,121 YTD due to supplier delays in processing invoices.  Budget is spread evenly across the year, however spending is generally more cyclical in nature and peaks in the busier spring/summer/autumn months.

 


 

3.    Other Expenditure

$1.1M, or 41.7%, under the budget YTD. The main contributing items are listed below:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Executive Services

49,612

76,976

27,364

35.5%

7,257

10001

Office of the CEO

49,356

76,976

27,620

35.9%

7,513

Underspends exist in the donations contributions and subsidies budget ($8K), CapeROC budget ($6K) and the CEO Discretionary Budget ($13K).

Finance and Corporate Services

509,287

620,176

110,889

17.9%

16,294

10000

Members of Council

304,733

364,060

59,327

16.3%

7,597

Timing variances exist in relation to the payment of elected member allowances and reimbursements.  The bulk of this ($30K) is related to timing variances in payment of sitting fees. The remainder is related to underspends in the elected members training budget ($14K), no expenditure against the Council holding account ($8K), and timing variances for expense reimbursements which are difficult to predict when budgeting. 

10700

Public Relations

46,853

77,816

30,963

39.8%

7,989

The underspend variance is related to a reduced payment to BASSCA this year given COVID-19 and no school exchanges, the cancelling of the Mayoral Breakfast and a reduced spend associated with functions such as the launch of Jetstar flights.

Community and Commercial Services

751,834

1,651,836

900,002

54.5%

19,069

10530

Community Services Administration

367,475

476,254

108,780

22.8%

(17,324)

Invoices from Royal Lifesaving have not yet been received for services rendered YTD.

10532

BPACC Operations

11,668

35,000

23,332

66.7%

5,000

Low cost marketing materials have been developed to date and until construction is secured under the tender no large investments in event attraction are likely to be made.

10547

Iron Man

 -

200,000

200,000

100.0%

 -

Ironman has been cancelled for this year and hence the funds will not be expended. Council have resolved (C2012/159 – 9 December 2020) to utilise the remaining budget towards an electronic billboard, however this will not likely be completed until closer to the end of the financial year.

10550

Forrest Rally

 -

12,500

12,500

100.0%

12,500

Forrest Rally organisers have advised that the event will not be proceeding from 2020/2021 onwards, therefore these funds will not be expended.

10567

CinefestOZ

80,000

120,000

40,000

33.3%

 -

YTD variance is due to the sponsorship contract being varied due to a change in format as a result of COVID (C2009/110) - $80k paid in 2020/21 with the balance ($38k) carried over to be paid in addition to 2021/22 Market Yield Adjustment.

10625

Art Geo Administration

3,294

18,676

15,382

82.4%

128

Underspend is offset by additional wages due to in house production of marketing, promotional and interpretation work.

10591

Geographe Leisure Centre

19,599

29,852

10,253

34.3%

3,194

The underspend variance is a combination of delayed advertising promotions for membership sales due to COVID and the delay in invoices being processed against purchase orders raised late last year for adverts.  As of February there was $9K committed, pending invoices, with the remaining budget to be utilised towards the EOFY.

 


 

10630

Economic and Business Development Administration

2,440

21,035

18,595

88.4%

1,932

The budget is made up of numerous line items that have been spread throughout the year. The actual timing for these things are inherently difficult to predict, including valuations as more often than not they depend on interactions with outside third parties for development opportunities and collaborations. For example, the City budgets for marketing and promotions, but need to wait for relevant opportunities to arise throughout the year that may not necessarily align with budget timing. It should be noted that a large portion of the total annual budget ($55K) relates to cruise ship visitor servicing ($38K), which due to the effects of COVID-19 is unlikely to be spent by the end of the financial year.

10634

Business Support Program

61,022

71,264

10,242

14.4%

(3,592)

There are a number of grants that are being finalised by applicants. Once these have been completed, then the City will pay out the grant funds. There is also an amount of $19K that has not been allocated from the total annual budget that will be reflected in the YTD variance.

11151

Airport Operations

76

414,085

414,009

100.0%

52

Relates to marketing activities for RPT services which have not commenced due to COVID.

Planning and Development Services

137,028

130,107

(6,921)

(5.3%)

(22,250)

10805

Planning Administration

29,148

40,000

10,852

27.1%

5,000

This variance relates to the façade refurbishment program which is not likely to have any additional projects / work costed to it this financial year as the City has not run the program as per normal because of unusually high workloads caused by the building stimulus.

10931

Protective Burning & Firebreaks-Reserves

1,550

11,720

10,170

86.8%

1,465

Due to the limited seasonal burning opportunities, the budget for catering for the crews has not been spent as expected YTD.

10942

Bushfire Risk Management Planning – DFES

23,466

 -

(23,466)

(100.0%)

-

This represents repayment of unspent 19/20 BRMP grant funds.

Engineering and Works Services

99,899

177,092

77,193

43.6%

2,983

B1223

Micro Brewery - Public Ablution

60,000

120,000

60,000

50.0%

 -

The City’s fund contribution to the construction of these ablutions is due to be paid upon receipt of invoice from the company.  Final inspection of the toilet facilities is expected in late March, after which the invoice should be forthcoming. 

G0042

BTS External Restoration Works

17,696

33,336

15,640

46.9%

4,033

Awaiting the latest invoice(s) associated with the latest round of groundwater sampling.

 


 

5.    Non-Operating Grants, Subsidies & Contributions

The negative variance of $4.4M is mainly due to the items in the table below. It should be noted that apart from the first two items in the table (the Locke Estate Contributions variance is due to COVID hardship deferral relief), any negative variance in this area will approximately correlate to an offsetting variance in a capital project tied to these funding sources. This can be seen in the section below that outlines the capital expenditure variances. The positive variances generally relate to budget timing, i.e. the funds are usually brought to account during the end of financial year reconciliation process, so hence are budgeted in June.

Revenue Code

Revenue Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

46,678

56,000

(9,322)

(16.6%)

10,678

R0288

Locke Estate –

Leaseholder Contributions

46,678

56,000

(9,322)

(16.6%)

10,678

Community and Commercial Services

 -

38,851

(38,851)

(100.0%)

(38,851)

C6025

Installation of Bird Netting – State Capital Grant

 -

38,851

(38,851)

(100.0%)

(38,851)

Planning and Development Services

10,592

 -

10,592

100.0%

 -

B1025

Yallingup Coastal Bushfire Brigade – Donated Assets

10,592

 -

10,592

100.0%

 -

Engineering and Works Services

4,150,656

8,493,435

(4,342,779)

(51.1%)

(649,102)

A0025

Tuart Drive Bridge 0238 – Federal Capital Grant

 -

170,330

(170,330)

(100.0%)

 -

B9407

Busselton Senior Citizens – Developer Cont. Utilised

595,306

162,479

432,827

266.4%

 -

B9591

Performing Arts Convention Centre – Developer Cont. Utilised

 -

3,000,000

(3,000,000)

(100.0%)

 -

C0059

Dunsborough Yacht Club Carpark – Developer Cont.

60,000

 -

60,000

100.0%

 -

C1026

Townscape Works Dunsborough – State Capital Grant

10,000

 -

10,000

100.0%

 -

C3116

Dawson Park (McIntyre St POS) – Developer Cont.

 -

77,467

(77,467)

(100.0%)

 -

F1002

Dual Use Path - Dunsborough to Busselton – State Capital Grant

64,000

 -

64,000

100.0%

 -

F1022

Buayanyup Drain Shared Path – State Capital Grant

 -

213,336

(213,336)

(100.0%)

(26,667)

S0005

Ludlow Hithergreen Road - Second Coat Seal –

Main Roads Capital Grant

180,000

300,000

(120,000)

(40.0%)

(37,500)

S0048

Bussell Highway – Developer Cont. Utilised

200,000

333,336

(133,336)

(40.0%)

(41,667)

S0070

Peel & Queen Street Roundabout Service Relocation –

Developer Cont. Utilised

120,000

550,000

(430,000)

(78.2%)

(310,000)


 

S0073

Gale Road Rural Reconstruction –

Federal Capital Grant

515,811

914,992

(399,181)

(43.6%)

(114,374)

S0074

Causeway Road Duplication – Developer Cont. Utilised

800,000

300,000

500,000

166.7%

 -

S0075

Local Road and Community Infrastructure Program –

Federal Capital Grant

480,935

525,483

(44,548)

(8.5%)

 -

S0076

Kaloorup Road (Stage 1) – Main Roads Direct Grant

106,800

 -

106,800

100.0%

 -

T0020

Capel Tutunup Road –

RTR Capital Grant

 -

951,152

(951,152)

(100.0%)

(118,894)

W0067

Ford Road Reconstruct and Asphalt Overlay – Main Roads Direct Grant

10,875

 -

10,875

100.0%

 -

W0121

Geographe Bay Road Quindalup –

Developer Cont. Utilised

12,000

 -

12,000

100.0%

 -

 

6.    Capital Expenditure

As at 28 February 2021, there is an underspend variance of 47.4%, or $13.6M, in total capital expenditure, with YTD actual at $15.1M against the YTD amended budget of $28.8M. A portion of this positive underspend variance is offset by the negative variance in Non-Operating Grants, Contributions & Subsidies discussed above, with the remainder offset by the negative variances in Transfers From Reserves related to funds held aside for these projects. The attachments to this report include detailed listings of all capital expenditure (project) items, however the main areas of YTD variance are summarised as follows:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Land

 -

50,000

50,000

100.0%

 -

10610

Property Services Administration

 -

50,000

50,000

100.0%

 -

The budget represents funds allocated for costs associated with potential strategic land purchases in the City of Busselton. To date, there have been no expenses incurred, as potential transactions have not progressed beyond informal discussions.

Buildings

2,899,541

3,627,100

727,559

20.1%

(131,693)

B9516

Busselton Library Upgrade

584,575

603,000

18,425

3.1%

(98)

Library works completed. Balance of funds to be directed to fit-out items.

B9300/1/2

Aged Housing Capital Improvements

51,489

144,800

93,311

64.4%

9,985

Works proposed are to separate power and drainage servicing Winderlup Court and Winderlup Villas.

The power requirements will not be triggered until the new conditional land title lot is created, but plans are in place to obtain quotes now and carry out the works in anticipation of the creation of the lots.

B9407

Busselton Senior Citizens

625,483

738,128

112,645

15.3%

(5,150)

Works were completed in September. The savings against budget are being reviewed for potential use on roof replacement and carpark works. Works have been re-scoped based on preliminary estimates to reduce costs of roof replacement.

B9534

Community Resource Centre

11,315

 -

(11,315)

(100.0%)

(3,475)

$11.3K in Capital costs have been incurred against the Community Resource Centre YTD. The $50,000 Capital budget for this facility was loaded into June as works had not been scheduled and thus this is a timing variance only. Some costs incurred have been found to be under the Capitalisation threshold and are thus required to be written off in the year in which they have been incurred, to this end a Journal will be processed in March to reallocate these costs accordingly.   

B9558

Churchill Park -  Change Room Refurbishment

 -

21,000

21,000

100.0%

 -

Works are scheduled to be completed before the end of the financial year. Procurement for roof sheeting is currently underway.

B9591

Performing Arts Convention Centre

1,276,477

1,402,848

126,372

9.0%

(176,035)

Regional Growth Fund milestones are under review pending funding extension confirmation. Design contract program extension pending. Budgeted cash flow has been reviewed, with works now scheduled for commencement in June 2021.

B9596

GLC Building Improvements

60,584

327,768

267,184

81.5%

37,738

Carried over works from the prior year. Works have been rescheduled and have been forecast to be completed in March 2021 to minimise impact to GLC operations.

B9606

King Street Toilets

47,781

30,688

(17,093)

(55.7%)

5,116

Stage 1 works completed. Minor additional works undertaken in this period to improve accessibility to new viewing platform. The proportion of the project carried over from prior years is now completed and is overspent compared to the total budget by $3,035, representing 6%. The YTD budget represents an even spread over the financial year and thus the $17K YTD variance is attributable to timing and will clear closer to 30 June.

B9607

General Buildings Asset Renewal Allocation (Various Buildings)

79,984

100,000

20,016

20.0%

(1,250)

This budget was assigned for various Capital works as identified as per the City’s Building Asset Management Plan. To date, $28k has been outlaid for much needed roofing, ceiling, lighting and water filtration renewal works at the Yoongarillup Hall. A further $14k has been spend on resolving an issue regarding Dunsborough Sports field lighting. Some costs incurred have been identified as maintenance; under the Accounting Standards capitalisation threshold and thus will be reallocated to appropriate Operational accounts accordingly.  Some costs incurred are also not categories correctly as being in relation to Building Infrastructure and will also be moved so as not to contravene the rules governing the Building Reserve and its purpose statement. It is still anticipated that the majority of this budget allocation will be utilised for Building Renewal works as at 30 June.

B9608

Demolition Allocation

(Various Buildings)

2,011

12,500

10,489

83.9%

 -

Funds have been allocated to partial demolition of the Weld Theatre by the end of the financial year, in preparation for its integration with the BPACC.

B9610

Old Butter Factory

131,549

 -

(131,549)

(100.0%)

(1,280)

Conservation and fire damage works now completed. Insurance claim has now been approved, with the final position estimated to be ($30K), with savings being identified in other areas to account for this variance.

B9612

Churchill Park

Renew Sports Lights

 -

140,000

140,000

100.0%

 -

A review of consultants work to date is being undertaken, with a decision to be made Feb/March with Council if this site is the subject of a grant application to the State Government.  If yes, application to be submitted and funds to be carried forward; if not, funds to be spent this financial year.

B9711

Busselton Airport – Building

 -

15,000

15,000

100.0%

 -

Small capital works projects to be completed either prior to Jetstar flights commencing or by the end of the financial year.


 

B9717

Airport Construction - Existing Terminal Upgrade

 -

28,536

28,536

100.0%

3,567

As per above.

B9809

Busselton Jetty Tourist Park Compliance Works

3,600

40,000

36,400

91.0%

 -

Compliance electrical works to be completed by the end of the financial year.

Plant & Equipment

888,978

2,364,896

1,475,918

62.4%

318,839

10372

Dunsborough Cemetery

 -

20,000

20,000

100.0%

 -

The budget is for maintenance trailers for the cemetery, both for grave shoring equipment and watering equipment, as well as fencing and turf upgrades. The delay in procurement of these items is due to current workloads of relevant staff and other projects taking a higher priority to date.

11106

Street Lighting Installations

17,300

 -

(17,300)

(100.0%)

 -

The expenditure represents a storage container for the lighting equipment. The budget for the whole activity has been entered against one operational line incorrectly, rather than being split according to operational maintenance, capital upgrade, and one-off asset purchases such as this.

11156

Airport Development Operations

172,865

188,736

15,871

8.4%

23,592

The YTD variances for 11156 was for the baggage handling system, the under spend of $15,871 will be taken up by commitments of $42,192 for works still to be completed.

11160

Busselton Jetty

29,977

15,000

(14,977)

(99.8%)

(17,523)

In February there was $17.5K in unplanned expenditure for an Uninterrupted Power Supply (UPS) for the Underwater Observatory (UWO) lift. This has resulted in the variance to budget for the Jetty. This cost will be reassigned via a journal against the UWO Cost Code in March. This will be funded from the Jetty Reserve.

11401

Transport – Workshop

10,410

30,000

19,590

65.3%

 -

Delivery of upgrades to repeater at communications tower still in progress.

11402

Plant Purchases (P10)

321,201

1,420,000

1,098,799

77.4%

300,000

Generators at DWF pond and cell – not yet replaced.  Site and operations under review.  Manager’s vehicle also yet to be ordered/delivered. Waste truck side loader ordered, delivery expected in July.  Wheel loader delivered, invoice still to be received. Waste compactor semi-trailer purchase deferred indefinitely pending waste plan.

11403

Plant Purchases (P11)

46,995

195,000

148,005

75.9%

2,500

One vehicle ordered with delivery expected in April and one light truck ordered in December, delivery now expected in June.

11404

Plant Purchases (P12)

 -

114,000

114,000

100.0%

 -

One light truck ordered with delivery expected in July; concrete scarifier ordered with delivery expected in April.

11407

P&E - P&G Smart Technologies

 -

66,664

66,664

100.0%

8,333

The annual scope of the project is currently being finalised and delivery will follow in the last quarter of 20/21.

11500

Operations Services Administration

 -

40,000

40,000

100.0%

 -

Vehicle ordered in October, delivery expected in March. Delays in delivery are due to the high demand currently being experienced by dealers due to the government’s stimulus package in concurrence with supply chain restrictions due to COVID.

B1025

Yallingup Coastal Bushfire Brigade

10,592

 -

(10,592)

(100.0%)

 -

Unbudgeted donated asset (offsetting revenue shown above – no actual cash outlay).


 

Furniture & Office Equipment

221,420

443,088

221,668

50.0%

(19,760)

10250

Information & Communication Technology Services

191,660

407,088

215,428

52.9%

 -

Whilst variance is currently high the budgeted amount is planned for expenditure. Some of the delayed projects (COVID impacts include consultancy availability, hardware supply chain and additional unplanned IT work) have been accelerated in the new year including the hardware refresh, phone line migration, single label domain, website builds and online payments. It is expected that the projects will make up time and currently do not plan for any carry overs.

Infrastructure By Class

11,126,065

22,286,516

11,160,451

50.1%

1,665,453

Various

Roads

6,425,098

10,810,862

4,385,764

40.6%

896,119

Capital projects with civil works are commonly scheduled to be carried out later in the financial year, in the drier summer/autumn construction season. The capital works budgets have been entered based on an even spread method and approach, not on a scheduled timing of works basis. Major civil road construction works are now underway in numerous locations across the City. The large rural Gale Road project ($1.437m) has commenced but is estimated to come in under budget by approx. $300k due to competitive contractor pricing; contributing to the current variance. There will be a material underspent associated with the Peel & Queen Street Roundabout project (S0070) valued at $1.2m. Service relocation works are scheduled to comment after Easter on the Peel Terrace roundabout with stage 2 works at the Albert Street intersection to be completed in the following financial year.

Various

Bridges

 -

962,664

962,664

100.0%

120,333

Although Bridge renewal works will be done on both the Bussell Highway and Yallingup Beach Road bridges this financial year it is unlikely any expenditure will be recorded due to the timing on receipt of invoices received from Main Roads. Main Roads carry out these works on behalf of the City. Works on the Kaloorup, Boallia Road and Tuart Drive Bridges are now scheduled to commence in the 2022 Financial year. To this end an under expended variance to budget totalling $6.4M is anticipated come 30 June. All 5 bridge projects will represent carry overs.  

Various

Car Parks

943,142

1,259,364

316,222

25.1%

127,385

Car Park projects are generally progressing well although there is a $316k under expended variance to budget YTD. Half of the YTD variance is attributable solely to the Car Parking associated with the Barnard East Development. This project is currently out to Tender. A further 131k of the variance is associated with the Vasse Oval Gravel Car Parking area yet to be constructed out at Vasse Dawson.

Various

Footpaths & Cycleways

203,463

997,880

794,417

79.6%

106,583

The YTD variance associated with Footpath & Cycleway projects is primarily attributable to the Buayanyup Drain Shared Path project accounting for 53% or $424K of the YTD variance. The Bussell Highway Footpath Sections and the Dunsborough Centennial Park Projects contribute a further $143K and $100K towards the YTD variance respectively. The funds for the aforementioned projects have been earmarked to cover additional Queen Street Paving works that are categorised separately as Townscape projects.       

Various

Parks, Gardens & Reserves

3,406,939

7,493,552

4,086,613

54.5%

388,942

$1.07M or 26% of the YTD variance is attributable to the Dunsborough Lakes Sporting Precinct (Stage 1) project that is yet to get underway. The water network consisting of the bore, storage tanks and pipelines to supply the new facility continues to progress to plan. A further 28% or $1.1M of the YTD variance is attributable to upgrades of various parks across the City being funded from Cash in lieu of Public Open Space contributions. These projects will go out to market for contractor delivery as a consolidated package. Sanitation waste infrastructure which also falls under the “various” capital category contributes $582K to the YTD variance. A number of projects for a variety of reasons will represent carry overs or project relists into 2022.         

Various

Drainage

450

68,844

68,394

99.3%

6,275

There are only three small drainage related projects on budget this financial year.  Both the Glenmeer Ramble and Chugg Road Drainage Upgrade projects are scheduled to commence in the last quarter of the financial year.


 

Various

Regional Airport & Industrial Park Infrastructure

146,973

693,350

546,377

78.8%

19,815

Bird netting was due to start in January and the car park works have been completed but not invoiced as yet. 

The most significant part of the underspend relates to noise amelioration works which is funded from grant funds held in reserve.  This will be partially invoiced by the end of the financial year, but depending on construction timelines, the rest will need to remain on the Airport development budget for future noise amelioration.  Unspent funds will therefore remain in the reserve.

 

7.    Proceeds From Sale of Assets

YTD proceeds from sale of assets is $363K behind budget due to delays in delivery of acquisitions, and the associated transfer to auction of the vehicles being replaced. 

 

Also, aside from a significantly reduced capital replacement program in both light vehicles and heavy plant items, many existing items of plant that were due to be replaced have been retained in service to maintain operational requirements.

 

8.    Proceeds From New Loans

$7.5M of the budgeted proceeds of $7.7M are related to the planned drawdown on the construction loan for the BPACC. This project has been deferred in consultation with the Federal Government.  Construction is now planned to commence in July 2021.  Grant funding will start to be acquitted in the second half of 2021, as will the drawdown on the borrowing facility. 

 

The remaining $200K of the variance is offset by advances to community groups which have not occurred.

 

9.    Repayment of Capital Lease

The budget was being finalised during the first COVID lockdown. As such, the timing was not set as accurately as it could have. The timing difference YTD will rectify by the end of June.

 

10.  Advances to Community Groups

No applications have been approved to date.  The $200K positive variance is offset by the non-receipt of the associated loans funds that the City would receive for these on-lending purposes.

 

11.  Transfer to Restricted Assets

There is a YTD variance in transfers to restricted assets of $3.2M more than amended budget. Grant funding received from Federal Government for “Drought Communities Program” of $500K (attributable to CC C3223 Dunsborough Non-Potable Water Network), was received in September whereas budget projected allocation was in June. It was anticipated that the expenditure would be incurred in June, hence the funding timing projections followed.

 

Developer contributions, deposits and bonds are inherently hard to predict and budget for. An annual amount of $50K spread evenly over 12 months was budgeted, however, over $2.2M has been received  YTD, the bulk of which are for road works bonds ($1.7M).

 

12.  Transfer from Restricted Assets

YTD there has been $1.6M transferred from restricted assets into the Municipal Account. This was mainly attributable to refunds of road work bonds of $1.2M, refund of hall deposits of $19K, Busselton Jetty Tourist Park deposit refunds of $342K, and other sundry refunds of $40K.


 

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 28 February 2021, the value of the City’s invested funds totalled $81.29M unchanged from $81.29M as at 31 January 2021. 

 

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) remained unchanged at $6.0M.

 

During the month of February, four term deposits totalling the amount of $11.0M matured. Existing deposits were renewed for a further 128 days at 0.30% on average.

 

The official cash rate remains steady for the month of February at 0.10%. This will have a strong impact on the City’s interest earnings for the foreseeable future.

 

Chief Executive Officer – Corporate Credit Card

Details of transactions made on the Chief Executive Officer’s corporate credit card during February 2021 are provided below to ensure there is appropriate oversight and awareness.

 

Date

Payee

Description

$ Amount

1/02/2021

PEARLE OF CABLE BEACH -ACCOMODATION DEPOSIT

RCAWA MEETING BROOME-

17-20 JUNE 21 - MIKE ARCHER

790.21

 

4/02/2021

VIRGIN AUSTRALIA

FLIGHT TO BROOME - RCAWA JUNE -GRANT HENLEY

3.22

4/02/2021

VIRGIN AUSTRALIA

FLIGHT TO BROOME -RCAWA JUNE -GRANT HENLEY

314.00

4/02/2021

PEARLE OF CABLE BEACH - ACCOMODATION DEPOSIT

RCAWA MEETING BROOME -17-19 JUNE 21 - GRANT HENLEY

634.59

11/02/2021

WESTERN GROWERS

ELECTORS MEETING  8/02/21 - CATERING

495.00

15/02/2021

THAI LEMONGRASS

DINNER - COUNCIL MEETING 10/02/21

400.00

19/02/2021

DUXTON HOTEL

ACCOMMODATION MIKE ARCHER - RCAWA MEETING- PERTH 18/02/21

238.00

19/02/2021

W CHURCHILL PERTH

RCAWA MEETING 18/02/21  -

MIKE ARCHER -FOOD & BEVERAGE

 52.00

22/02/2021

THE FLOWER PLACE BUSSELTON

FOR EXCELLENT PRESENTATION OF 150 YEARS LOCAL GOVT IN WA  EVENT

 100.00

23/02/2021

AUST INST.COMPANY DIRECTORS

RENEWAL OF MEMBERSHIP –

MIKE ARCHER*

605.00

 

 

 

3,632.02

*Funding from CEO’s professional development 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 by Council. Council may wish to make additional resolutions as a result of having received these reports.

CONCLUSION

Budget timings remain affected by the impacts of COVID-19 and are gradually being re-aligned. As at 28 February 2021, the City’s net current position stands at $18.3M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.  


Council

53

28 April 2021

12.2

Attachment a

Financial Activity Statement - YTD February 2021

 



















Council

55

28 April 2021

12.2

Attachment b

Investment Report - February 2021

 


Council                                                                                      58                                                                      28 April 2021

12.5           Finance Committee - 14/4/2021 - BUSSELTON GOLF CLUB INC. SELF SUPPORTING LOAN

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Busselton Golf Club Inc. Self Supporting Loan

BUSINESS UNIT

Community and Recreation

REPORTING OFFICER

Senior Sport and Recreation Project Officer - Brendan McNally

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Busselton Golf Club Strategic Plan Summary

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2104/071              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

That the Council:

1.         Approve a self-supporting loan to the Busselton Golf Club Inc. for the purposes of building a new maintenance shed at the Busselton Golf Club, through the Western Australian Treasury Corporation for the amount of $110,000 for a term of up to ten (10) years.

2.         Authorises the CEO to enter into a Loan Repayment Agreement with the Busselton Golf Club Inc. where:

(a)       The Busselton Golf Club Inc. acknowledges it is responsible for reimbursement to the City of Busselton of full costs associated with the loan; and 

(b)       The loan repayment calculations are on the basis of the prevailing Western Australian Treasury Corporation lending rate Including Government Guarantee Fee at the time of actual funding of the loan.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

The Busselton Golf Club Inc. (the Club) has applied to the City of Busselton for a self-supporting loan for $110,000 for a term of 10 years, as part of their maintenance shed upgrade project.

 

Officers have been working closely with the Club, including the development of a strategic plan, and can confirm that this is one of the Club’s key infrastructure priorities.

 

BACKGROUND

In 2019, through the City’s Club Development program, the Club was engaged to undertake a comprehensive strategic planning process. This was funded through a grant from the Department of Local Government, Sport and Cultural Industries’ Every Club Funding program.

 


 

As an outcome, the Busselton Golf Club Inc. Strategic Plan was developed (Attachment A) which identified six (6) key priority areas. In the priority area of “Golf Course” an action was to upgrade the existing maintenance:

Goal:                     To provide a well presented and sustainable course that offers the best playing conditions possible.

Strategy:              Upgrade the maintenance shed.

Outcome:            Investigate funding sources including a self-supporting loan from the City of Busselton.

When:                  March 2021

Priority:                High

 

The existing shed at the Club is over 40 years old and not large enough to safely house the golf machinery required to maintain the golf course. The Club has been adding on to the existing maintenance shed over the past 40 years and has been assessed at the end of its useful life and no longer fit for purpose.

 

The Club has a membership of 650 and combined with visitors services over 40,000 rounds of golf per year. The club also hosts 3 annual major multi-day events with each event attracting up to 240 intra and interstate participants.

OFFICER COMMENT

City officers have been working closely with the Club over an extended period of time, to carefully plan for the future. The City has assisted the Club in developing a strategic plan which clearly articulates strategies to grow the sport and forms part of the Club’s regular board meetings.

 

The Club is also discussing partnering with the City of Busselton to undertake a master plan of the site which will identify possible partnerships and allow for the Club to plan its future growth for the course, the practice fairways, the Pro Shop, the club rooms and investigate opportunities to partner with complimentary activities.

 

The upgrade of the maintenance shed is considered to be of a high priority to complete given the current 40-year-old shed is not large enough, safe or functional enough to house the Club machinery.

 

The project cost breakdown is:

Self-Supporting Loan:        $110,000

Applicant cash:                     $  65,000

Total project:                        $175,000

 

As part of the self-supporting loan application, the Club has provided a range of supporting documentation including:

·        Recent Club Board meeting minutes confirming the Club’s intent to apply to the City for a self-supporting loan of $110,000 over 10 years.

·        Audited financial statements for the financial years ended 30 June 2019 and 30 June 2020 (including 2018 comparatives).

·        Year to date reports for the current financial year to 28 February 2021.

 

These supporting documents have been reviewed by the City’s Finance Department and the Club is considered to be in a sound financial position. Provided the Club maintains its current financial position, it should be capable of meeting its repayments.

Statutory Environment

The City’s adopted 2020/21 budget has been compiled in accordance with section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996.

 

Relevant Plans and Policies

The officer recommendation aligns to Council Policy ‘Loan Facilities’. This Policy is applicable in offering the Club a self-supporting loan.

Financial Implications

The City’s 2020/2021 adopted budget includes the provision for funding of self-supporting loans to the community to a maximum of $200,000. Accordingly, assuming this cap has not been met at the time this loan is to be drawn (if approved), then a formal advertising period and budget amendment would not be required.

 

The loan would be granted on the basis of the prevailing Western Australian Treasury Corporation (WATC) lending rate including Government Guarantee Fee at the time of actual Funding of the loan. The WATC have advised that the current borrowing rate for 10 years is 1.4415% (inclusive of a 0.7% Government Guarantee Fee which is subject to change in accordance with government policy), noting that this rate is subject to change up until and including the day the loan is drawn down.

 

All interest and principal repayments would be formally agreed to prior to release of any funding.

Stakeholder Consultation

The City Officers have been consulting with the Club throughout this process.

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 chose to not approve the request from the Club or consider the following options:

1.         Provide a different amount.

2.         Set different terms.

CONCLUSION

Through the assessment of documents provided during the application process, officers are of the opinion that the Club is financially sound and has sufficient cash reserves to ensure the maintenance shed upgrade project is completed and the repayment schedule is met. The City has been working together with the Club on its strategic plan and officers consider that this loan will assist the Club to achieve one of its key infrastructure priorities identified under the plan.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Action will be taken immediately to implement the recommendations of the Council.


Council

59

28 April 2021

12.5

Attachment a

Busselton Golf Club Strategic Plan Summary

 


Council                                                                                      64                                                                      28 April 2021

13.2           AMENDMENT NO. 51 TO LOCAL PLANNING SCHEME NO. 21 (SCHEDULE 10 DEVELOPMENT CONTRIBUTION AREA) - CONSIDERATION FOR PREPARATION

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Local Planning Scheme No. 21 Amendments

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Planning Officer - Joanna Wilkinson

Manager, Strategic Planning - Matthew Riordan

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: adoption of “legislative documents” such as local laws, local planning schemes and local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Sheet 34 from LPS 21 Map  

 

Council Decision and Officer Recommendation

C2104/072              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

That the Council resolves to:

1.         In pursuance of the Planning and Development (Local Planning Scheme) Regulations 2015 (the Regulations), prepare Amendment 51 to the City of Busselton Local Planning Scheme No. 21, for the purpose of amending Schedule 10 ‘Development Contribution Area’ by modifying ‘DCA 1 – Community Infrastructure’ as follows:

Period of operation

‘Until 30 June 2026.’

2.         Pursuant to regulation 35(2) of the Regulations, determine that Amendment No. 51 is a ‘basic amendment’ in accordance with regulation 34 of the Regulations as it is an amendment to the Scheme so that it is consistent with the model provisions in Schedule 1 or with another provision in the local planning scheme.

3.         Pursuant to section 81 of the Planning and Development Act 2005, refer the Amendment to the Environmental Protection Authority.

4.         Pursuant to regulation 58 of the Regulations, provide Amendment No. 51 to the Western Australian Planning Commission.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

It is recommended that Council resolve to prepare Scheme Amendment No. 51 (the Amendment) to Local Planning Scheme No. 21 (the Scheme) to enable an extension to the ‘period of operation’ for the developer contribution plan (DCP) for Development Contribution Area 1 (DCA 1), which is presently due to expire on 30 June 2021.

 

After 30 June 2021, the City may not levy contributions for the provision of community infrastructure or facilities within DCA 1 until such time as a new period of operation for the associated DCP (proposed to be 30 June 2026) has been approved by the Western Australian Planning Commission (WAPC).  

 

The extension of the period of operation of the DCP for DCA 1 is therefore quite urgently required in order to enable such important funding contributions to continue being levied by the City in the best interests of the community, and in the interests of financial equity and fairness more generally.   

 

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), specifically Part 7 - Development contribution plans, provide a local government with the authority to establish an area of land within a Scheme area as a development contribution area (DCA) if development or subdivision of that land would require the provision of infrastructure or facilities in the area to support the development or subdivision.

 

The local government must prepare a development contribution plan for each DCA identified.

 

DCA 1 encompasses a majority of the Scheme area that is now generally subject to infill development. It is shown on Sheet 34 of the Scheme map (Attachment A).

 

The City’s principal development ‘estates’ Yalyalup, Old Broadwater Farm, Port Geographe (there is also a separate development contributions agreement that applies to the Port Geographe land owned by Aigle Royal), Vasse and Dunsborough Lakes each have identified ‘estate-based’ DCPs associated with them to enable development contributions to be raised for community purposes as subdivision occurs and new lots are created.  

 

The DCP for DCA 1 was incorporated into then Town Planning Scheme 20 in 2013 and provides a mechanism to fairly and equitably share and apportion the costs of providing both district-level and local-level community infrastructure and facilities throughout the municipality. It has performed well to date and has contributed towards funding for such things as:

District-level -    Youth Community and Activities Centre, Rails to Trails recreation trail, Geographe Leisure Centre, Busselton Performing Arts and Convention Centre.

Local-level -        Lou Western Oval, foreshore facilities and beachfront amenities (Busselton); Naturaliste Community Centre; Eagle Bay to Rocky Point Path (Dunsborough - including Quindalup, Eagle Bay, Commonage and Yallingup); foreshore facilities and playgrounds, beachfront amenities (Broadwater and Geographe).

 

The Regulations (r.71 – 73) set out the purpose and effect of requirements for development contribution plans. Regulation 71 (4) (f) provides that a DCP must establish the term for which the plan is to have operational effect (‘period of operation’).

 

State Planning Policy 3.6 Development Contributions for Infrastructure (‘SPP 3.6’) sets out the key principles and considerations that must apply to development contributions, and the preparations of DCPs. A DCP has operational effect only when it is incorporated into the local government Scheme.

 

DCA 1 has been incorporated into Schedule 10 ‘Development Contribution Area’ of the Scheme, and this is where the period of operation for it is described:

 

DCA

PERIOD OF OPERATION

1 – Community Infrastructure

Until 30 June 2021. However the DCP may also be extended for further periods with or without modification by subsequent Scheme Amendments.

 


 

The date of commencement of the operation of a DCP accords with the date of gazettal of the Scheme, or relevant amendment to that Scheme, incorporating the DCP. DCA 2 to DCA 5 have all been incorporated into the Scheme through Amendment 28, which was gazetted on 16 February 2021. This means a potential effective ‘period of operation’ for each of those DCPs until 2031.       

 

SPP 3.6 was gazetted in 2009. Since that time, draft amended versions of SPP 3.6 have been advertised for public comment by the WAPC, in 2016 and again in 2019. ‘Draft SPP 3.6’ is currently awaiting recommendations for modification (if any) and final endorsement by the Minister for Planning, ahead of publication in the Government Gazette.

 

When gazetted, SPP 3.6 will provide clear direction for the City to comprehensively review and amend, where and as necessary, the DPC for DCA 1 (and any other DCA/DCP). This review will represent a significant undertaking for the City and necessarily involve the preparation of a ‘complex amendment’ to the Scheme.

OFFICER COMMENT

Officers are recommending that Council resolve to prepare a ‘basic amendment’ to the Scheme to enable an extension to the ‘period of operation’ for the DCP for DCA 1, which is presently due to expire on 30 June 2021.

 

The Regulations (r. 34 and r. 72) set out that a modification proposed to a development contribution area or development contribution plan is required to be a ‘complex amendment’.

 

Amendment 51, however, is not seeking to modify either DCA 1 (on the Scheme map) or the associated DCP. It intends instead to modify (as quickly as practicable) the Scheme text simply to extend the current ‘period of operation’ of the DCP for DCA 1 in order to allow its effective and important continuance until such time as it can be comprehensively reviewed.

 

The wording in Schedule 10 of the Scheme states that the period of operation for the DCP for DCA 1 can be extended, “with or without modification” to that DCP, by “… subsequent Scheme amendments” (i.e. amendments subsequent to that DCP being first incorporated into the Scheme).

 

It is considered by officers that this could reasonably be interpreted to suggest that a seemingly minor textual amendment to the Scheme, as is being proposed here, to extend what is only an administrative timeframe (period of operation) for a functional DCP, should be a separate and distinct amendment process to the one prescribed by the Regulations where modifications to an actual DCP (such as wholesale review) are being proposed. 

 

The City has already commenced a more substantive review of the DCP for DCA 1, but has been awaiting finalisation of the review of SPP 3.6 before starting the formal/legal processes that will be required. A considerable amount of work in researching and collating information and data in respect to the requisite preparation of a ‘Community Infrastructure Plan’ (CIP) has already been carried out over the past two years in preparation for this. The CIP still needs to be formatted, drafted and finalised, and will inform the more substantive review of the DCP(s).

 

The DCP review process will be a significant undertaking by the City and require considerable resourcing in terms of the competing demands of staff, workload pressures and prioritisation, and specialised consultant input (e.g. demographic analyses, data modelling, economic study). It will likely require as much as three years to complete, including the required complex amendment process (which, alone, can be expected to take 12-18 months) to incorporate the new DCP(s) into the Scheme. 

 

The Regulations (r. 34) set out the meaning of the terms ‘basic’, ‘standard’ and ‘complex’ amendment.

One meaning of a ‘basic amendment’ is given as:

… (b) an amendment to the Scheme so that it is consistent with the model provisions in Schedule 1 or with another provision of the local planning scheme.

 

It is recommended by officers that Local Planning Scheme 21 be amended so that one part of the Scheme (i.e. Schedule 10) becomes properly consistent with another part of the Scheme (i.e. clause 5.12.10 ‘Period of development contribution plan’), which provides that:

…. a development contribution plan shall specify the period during which it is to operate.

 

Amendment 51 addresses the purely administrative provisions of the DCP for DCA 1 that have been incorporated into the Scheme, not the operational DCP itself. To reiterate, any modification to the subject DCP itself would be considered a necessarily separate and distinct process; one that will require a ‘complex amendment’ process to be initiated sometime following the gazettal of SPP 3.6.

Statutory Environment

The key elements of the statutory environment in relation to Amendment 51 are as set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). The Amendment will be prepared having regard to what is considered a reasonable interpretation of the intention of requirements in the Act, the Regulations and the Model Scheme Text (and Deemed Provisions contained therein).

 

The Regulations identify three different types of amendments – ‘basic’, ‘standard’ and ‘complex’.  The resolution of the Council in preparing Amendment 51 must specify the opinion of the City of Busselton as to whether the Amendment is a basic, standard or complex amendment, and provide an explanation justifying this opinion.

Relevant Plans and Policies

State Planning Policies are made under Section 26 of the Planning and Development Act 2005. The WAPC and all local government authorities must have due regard to the provisions of adopted policies in preparing planning Schemes and making decisions on planning matters.

 

SPP 3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in both new and established urban areas, as well as the form, content and process to be followed in preparing a development contribution plan.

 

‘Draft SPP3.6’ (the reviewed and updated SPP3.6) is understood to be currently with the Minister for Planning for final endorsement.

 

SPP3.6 further provides the capacity to obtain development contributions towards community infrastructure (i.e. funding contributions that go beyond standard delivery of public open space or traditional ‘hard’ infrastructure such as roads, drainage and reticulated water, energy or telecommunications services). This is done either by way of an approved development contributions plan or by a voluntary agreement between the land developer and the relevant local government.

 

The objectives of SPP3.6 are:

i.          to promote the efficient and effective provision of public infrastructure and facilities to meet the demands arising from new growth and development;

ii.         to ensure that development contributions are necessary and relevant to the development to be permitted and are charged equitably among those benefiting from the infrastructure and facilities to be provided;

iii.        to ensure consistency and transparency in the system for apportionment, collecting and spending development contributions; and

iv.        to ensure the social well-being of communities arising from, or affected by, development.

Financial Implications

Through the DCP that applies to DCA 1, the City levies and collects development contributions which provide an important source of funding for the provision of infrastructure and facilities for the betterment of the municipality and community.

 

The collection of development contributions also has a pronounced positive effect on City budgeting and finances by virtue of the ‘beneficiary pays’ framework established and continued through the DCP process. This is considered a fair and equitable system of reliable funding for the Council, in association with other important municipal funding streams such as rates revenue, external grants and the like.

Stakeholder Consultation

No external stakeholder consultation is required to be undertaken for a basic amendment.

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 following risks have been identified:

Financial risk arising if amendment cannot be finalised prior to 30 June 2021.

Risk Category

Risk Consequence

Likelihood of Consequence

Risk Level

Financial

Moderate

Possible

Medium

Options

As an alternative to the proposed recommendation, the Council could:

1.         Determine that Amendment 51 is a ‘complex amendment’, in accordance with that interpretation of r. 34 and r. 72 of the Regulations.

2.         Modify the Amendment before preparation of the Amendment documents.

3.         Decline the initiation of the Amendment.

CONCLUSION

Amendment 51 is proposed to be prepared as a ‘basic amendment’ and will seek to modify an administrative matter to extend the ‘period of operation’ for the existing DCP for DCA 1, which is due to expire on 30 June 2021. This is designed to be a provisional measure, which will be followed by a ‘complex amendment’ process to actually review and update the DCP once SPP3.6 has been published.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The implementation of the officer recommendation will include the preparation of the Amendment documents, and referring the Amendment to the Environmental Protection Authority, which will occur within two weeks of the date of the Council resolution.

 


Council

65

28 April 2021

13.2

Attachment a

Sheet 34 from LPS 21 Map

 


Council                                                                                      69                                                                      28 April 2021

15.1           ARTGEO RESIDENT ARTIST LEASE STUDIO 2

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

ArtGeo

BUSINESS UNIT

Community Services

REPORTING OFFICER

Manager, Community Services - Maxine Palmer

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Contractual: To enter into a contract e.g. a lease or the award of a tender etc.

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan Artgeo Studios  

 

Council Decision and Officer Recommendation

C2104/073              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

That the Council:

1.         Advertises the proposed disposition of property (by way of Lease) in accordance with Section 3.58 of the Local Government Act 1995 for the term and conditions outlined in this report and if there are no adverse objections authorise the CEO to enter into a lease in accordance with recommendation 2.

2.         Resolves to enter into a lease agreement, subject to the Minister for Lands approval, with Gerald Ashcroft for the occupation of Studio 2, on a portion of Reserve 35361, being Lot 453, Deposited Plan 194423, Volume LR3115 Folio 243, 4 – 6 Queen Street, Busselton as shown on Attachment A, subject to the terms and conditions of the lease including the following:

(a)       term of 12 months commencing 17 May 2021;

(b)       annual rent to be $3,640 inclusive of GST and water and electricity;

(c)       the tenant to be responsible for telephone and internet consumption charges applied to the leased premises;

(d)       the retail sale of items by the tenant to be prohibited from the Studio and the requirement for any sales to be transacted through the ArtGeo Courthouse; and

(e)       other terms and conditions appropriate to the use of the Studio.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

The old Stables located at the rear of the Old Courthouse Courtyard at the ArtGeo Cultural Complex (the Complex) have been used as artists’ studios since the 1980s. Leases have been granted in the past for terms of up to twelve months to encourage turnover of the spaces and the growth and diversity of arts practiced within the Complex. The current leases expired on 31 March 2021.

 

The City called for Expressions of Interest (EoI) seeking artists wishing to lease the studios for the next 12-month period. This report outlines the outcomes of the EoI process and makes recommendations to Council to advertise its intention to enter into a lease under section 3.58 of the Local Government Act 1995 (LGA).

 

BACKGROUND

The Complex comprises the ArtGeo Gallery, the Old Courthouse and Gaol Cells, the old Stables and Fodder Room and the Police Sergeants’ Cottages. These buildings are located on three different parcels of land that make up the Complex.

 

The studios are located at the rear of the courtyard in the old Stables and form part of the Old Courthouse buildings.  The Old Courthouse is located at Lot 361 and the stables and courtyard on Lot 453, Queen Street Busselton, which is crown land vested with the City for the purpose of “Community and Cultural Purposes”.

 

Various arrangements have been in place over the years for the hire or lease of these spaces by artists. Until recently, there were two studios. A third was created by dividing Studio 2 into two.  Studio 1 and Studio 2 are leased and Studio 3 has been utilised via hire arrangements.

 

The leases over Studio 1 and 2 expired on 31 March 2021. Studio 1 is vacant and the tenant of Studio 2 has remained in occupation on a holding over provision for a further month until 30 April 2021.

 

On 10 February 2021, the City advertised an EoI for artists seeking studio space for a period of up to 12 months. The EoI ran for a period of six weeks, closing on 25 March 2021.

 

Although some interest was expressed from other parties, only one formal submission was received from Gerald Ashcroft.

OFFICER COMMENT

As mentioned above, the only submission received in response to the EoI was from Gerald Ashcroft. Mr Ashcroft’s intention is to use the space to explore, develop and paint larger works in oils, acrylics and mixed media.  The space offers the flexibility to incorporate the use of a studio easel to paint on pre-stretched canvases and also rolling out custom-sized pieces of canvas on the studio floor. This would allow the opportunity to walk around the canvas and apply paint from all sides.

 

The diversity of landscape and abstract paintings on view could be attractive to visitors to the Complex and to other local artists who would like to discuss with him the particular methods of approach and techniques used. 

 

Mr Ashcroft initially expressed an interest in Studio 1, however since the EoI was advertised, Studio 1 has been identified as potential space required by the City during the development of the Busselton Performing Arts and Convention Centre (BPACC).

 

Mr Ashcroft’s second preference was Studio 2, as shown on Attachment A.  It is proposed that the City enter into a lease with Mr Ashcroft for a term of 12 months on the same terms and conditions as the current lease. 

 

The existing leases provide that the tenants shall not operate retail business from the studios. The tenants may sell their artwork but only through the Courthouse and not direct to the public.

 

A valuation of Studio 2 was undertaken on 1 April 2021 which saw an increase of $52 per annum on the current rent.  However, as outlined in the EoI it is proposed to retain the rent at $3,640.00 inclusive of GST, payable by monthly instalments of $303.34 including GST. This is primarily due to the water and electricity for the studios not being separately metered. 

Statutory Environment

When disposing of property whether by sale, lease or other means, a local government is bound by the requirement of section 3.58 of the Local Government Act 1995 which requires giving local public notice when disposing of property.

 

Local governments are compliant with the LGA if the procedure under section 3.58(3) is followed. This requires the publishing of prior notice to the local public of the proposed disposition which describes the property concerned, gives details of the proposal and invites submissions to be made before a specified date, not less than two weeks after the notice is first given. Any submissions received before the date specified in the notice must be considered.

 

Section 3.58(4) of the LGA requires that the disposition includes either a valuation not more than six months’ old or a declaration by resolution that a valuation older than 6 months is considered a true indication of the value at the time of the disposition.  A valuation of the Studios was obtained on 1 April 2021.

 

The land on which the Studios are located is within Reserve 35361, Lot 453, Deposited Plan 194423, Volume LR3115 Folio 243, being Crown Land for the designated purpose of Community and Cultural.  The City is the management body under Management Order J453422.  The City has the power to lease or licence for periods up to 21 years, subject to the consent of the Minister for Lands.

 

Under Section 18(2) of the Land Administration Act 1997, approval of the Minister for Lands is required for a lease on a Crown Reserve.

Relevant Plans and Policies

The provision of resident artist opportunities at the Complex is in line with the ArtGeo Cultural Complex Business Plan and the designated purpose of the land for community and cultural purposes.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

The EoI was advertised and also distributed to the ArtGeo database of artists.

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 can resolve not to enter into a lease with Mr Ashcroft and readvertise the studios.

CONCLUSION

Mr Ashcroft, although new to Busselton, is a well-known painting teacher in the metropolitan area and is rapidly gaining followers in the region. His enthusiasm and demand for his workshops is evident through the bookings he has already made for three classes a week in the Fodder Room for Term 2.  His submission included a number of glowing testimonials from previous students. It is anticipated that Mr Ashcroft will be an active and positive addition to the Complex whose presence will help to grow visitation, participation in the arts and enliven the general area. 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Subject to their being no submissions from the section 3.58 advertising, a lease would be entered into by the commencement date of the lease, being 17 May 2021.  


Council

70

28 April 2021

15.1

Attachment a

Location Plan Artgeo Studios

 


Council                                                                                      76                                                                      28 April 2021

15.2           COMMUNITY ASSISTANCE PROGRAM 2021/22

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

1.4 Community services and programs that support people of all ages and backgrounds.

SUBJECT INDEX

Donations, Contributions and Subsidies

BUSINESS UNIT

Community Services

REPORTING OFFICER

Senior Sport and Recreation Project Officer - Brendan McNally

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed 2021/22 Grants & Donations Summary  

 

Council Decision and Officer Recommendation

C2104/074              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

That the Council:

1.         Endorse the allocation of 0.5% of rates to be levied, estimated at $281,800, to the draft 2021/22 Donations, Contributions and Subsidies budget for the Community Assistance Program, with the final allocation to the Community Assistance Program subject to the Council’s resolution in relation to a pilot participatory budget program (contained within a separate report). 

2.         Endorse the 2021/22 Community Assistance Program framework as outlined in this report.

3.         Endorse the allocation of $10,000 per annum over three (3) years towards the South West Academy of Sport commencing 2021/22, with year one (1) to be funded from the draft 2021/22 Donations, Contributions and Subsidies budget.

4.         Notes the allocation of $10,000 towards the Busselton Senior High School – Trade Training Centre, as per Council resolution C1808/151, to be funded from the draft 2021/22 Donations, Contributions and Subsidies budget.

5.         Endorse an additional allocation of $40,000 towards the Youth CARE Chaplaincy Services, to be funded from the draft 2021/22 Donations, Contributions and Subsidies budget.

6.      Authorise the Chief Executive Officer to approve applications for the 2021/22 Community Assistance Program.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

In 2020, in response to COVID-19, the City refocused its Community Bids program to a Community Assistance Program. Following its success, this report recommends maintaining the Community Assistance Program in 2021/22 with a focus on supporting and facilitating programs, services and projects that contribute to the social, environmental and cultural development of the City. 


 

This report also recommends that additional funding be allocated in the 2021/22 budget to Chaplaincy Services delivered by YouthCARE and to the South West Academy of Sport (over three years), and notes the allocation of funding for the Busselton Senior High School as per the current multi-year funding agreement.

 

BACKGROUND

In March 2011, the Council resolved (C1103/097) to allocate funding to the Community Bids program as follows:

1.         Council allocate a total of 0.5% of estimated rates to be levied to Major Project Assistance Grants to be determined as part of the Community Bids assessment process advertised in the first quarter of each year.

 

2.         Allocate a total of $50,000 to Minor Project Assistance Grants to be determined twice each year, once as part of the Community Bids process, and once again in September each year.

 

3.         Increases the maximum amount of Minor Project Assistance Grants from $3,000 to $5,000 for any one project.

 

In 2020, as part of the response to the COVID-19 pandemic, Council supported (C2001/104) a refocused Community Bids Program, known as the Community Assistance Program (CAP), to support recovery initiatives that had a social and economic stimulus at the local level, and that complement both State and Federal Government support and stimulus packages. The refocused program included:

·        the introduction of a rolling monthly closing and assessment schedule;

·        an assistance grant to continue community services;

·        a junior sport assistance grant to assist those facing financial hardship; and

·        a revitalisation grant to target local trade stimulus through infrastructure and maintenance projects.

 

An assessment panel was established made up of two (2) Councillors and City officers, their role being to review applications and make recommendations to the Chief Executive Officer.

 

In 2020/21, a total of 32 organisations, 12 community groups/service providers and 20 sporting based organisations, have been supported through:

·        seven (7) assistance grants;

·        two (2) junior sporting assistance grants;

·        nineteen (19) revitalisation grants; and

·        four (4) multi-year funding agreements.

 

OFFICER COMMENT

Based on the success of the CAP, it is proposed that it remains in 2021/22 as a core component of the Community Grant Funding program, providing financial assistance to organisations.

 

The CAP would be available to not-for-profit incorporated groups and organisations that provide services or activities within the City’s boundaries. Proposals to the CAP will be required detail a service, program or project that may contribute to the social, environmental or cultural development of the City. 


 

Three funding streams are proposed:

1.         Assistance Grant – assistance to incorporated groups and organisations that provide programs, services or activities to the following sectors of the community: Aged, Youth, Disadvantaged, Early Childhood and Families, Volunteers, Sport, Recreation and Environment. A maximum allocation of 60% of the total project costs, up to $10,000 per application.

2.         Revitalisation Grant – assistance to incorporated groups and organisations within the City of Busselton for minor infrastructure development, maintenance, upgrades and revitalisation. A maximum allocation of 60% of the total project costs, up to $10,000 per application.

3.         Revitalisation Grant Plus – assistance to incorporated groups and organisations within the City of Busselton for contributions towards significant infrastructure development and when funding is being provided/sourced i.e. applicant contribution, Lottery West, Community Sporting and Recreation Facilities Fund (CSRFF) applications. These external grants generally require co-contribution from the applicant (community organization), Local Government and the external funding body (e.g. CSRFF fund to a maximum of one third of total project costs and Lottery West have generally funded up to fifty percent of project value). Applications are to be based on 1/3 funding for $10,000 plus per application.

 

Timeframes

The rolling monthly closing and assessment dates introduced through the 2020/21 CAP received positive feedback from community groups.  It did add additional administrative load however.  To balance this additional administration load with the positive community feedback, it is proposed that we move to bi-monthly allocations, with up to six (6) closing and assessment dates in 2021/22.

 

Local Suppliers

Applicants are encouraged to utilise local suppliers where possible for project delivery, with demonstration of this considered favourably in assessment of proposals.

 

Assessment Criteria

In order to get a better understanding of an organisation’s sustainability and to enable assessment of the projects/programs achievability, applicants must provide the following:

·        The most recent Annual General Meeting (AGM) minutes and the financials presented at the AGM;

·        Their constitution;

·        Evidence of public liability insurance;

·        General meeting minutes confirming the committee has endorsed an application to the CAP;

·        Project/program budget;

·        Quotations from suppliers, the number of quotes required is to align to the City’s Procurement Policy, and

·        Confirmation of any other income sources detailed in budget.

 


 

Applications will be assessed on the following criteria:

·        Whether the program/project meets an identified community need. Alignment with relevant governing body and/or City of Busselton strategies will be considered, e.g. Strategic Community Plan, Social Plan, Sport and Recreation Facilities Strategy.

·        The degree to which the project will have an impact on the community.

·        The use of local suppliers where possible.

·        Whether the organisation has the capacity to fund ongoing maintenance and/or the ongoing sustainability of the program.

 

It is proposed that applications will be assessed by City officers, and recommendations for funding presented to a CAP panel made up of two (2) Councillors and City officers who will meet on a bi-monthly basis to review applications. It is also proposed that the Chief Executive Officer be delegated to approve funding allocations.

 

Program Administration

The current program is administered through a number of time hungry paper based forms, spreadsheets, and printouts of applications/assessments.  To reduce this administrative burden it is intended that an allocation of funds be made from the budget to procure an online grant administration solution.  This solution will enable Officers to establish a grants platform and manage applications in a modern, time effective and streamlined approach.  It will also enable a one click summary for funding summary and auditing purposes, including access to organisations’ grant history, acquittal status, project status and summary of agreements. It is anticipated that any software system procured could be utilised across the organisation for other grant programs, such as the Events Sponsorship Program.

 

Online grant platforms are used by many local governments and government organisations throughout Australia including the Western Australian Department of Primary Industries and Regional Development, the South West Development Commission, the City of Perth, City of Geraldton, City of Mandurah and City of Kwinana.

 

It is proposed that the 2021/22 CAP is rolled out as a primarily online application with the option to submit paper based applications if requested. 

 

Multi-year and Other Funding Agreements

The City has a number of multi-year and other funding agreements with community organisations as depicted in attached A. 

 

Currently there are two (2) multi-year agreements, one with the Busselton Senior Citizens Centre (C1907/123) and the Busselton Senior High School - Busselton Trade Centre (C1808/151), with both heading into their final year in 2021/22. The multi-year agreement with the Busselton Senior Citizens Centre is funded from a separate budget allocation, with the funding for the Busselton Senior High School coming from the CAP funding of $281,800.

 

The City has had a number of other historical single year or multi-year funding agreements including with YouthCARE, South West Academy of Sport and Surf Lifesaving WA.  YouthCARE has applied for a single year contribution towards the provision of school chaplaincy services in the City of Busselton in 2021/22 and officers recommend a contribution of $40,000 towards this ongoing service, outside of the CAP funding.

 


 

The South West Academy of Sport (SWAS) has applied for a new multi-year agreement for the continuation of academy programs within the South West District. SWAS supports identified regional athletes to reach their potential through pathway identification and program delivery throughout the South West. Officers recommend supporting a multi-year agreement of $10,000 per year over three years totalling $30,000, to come from the CAP funding.

 

It is proposed that a tender will be issued early 2021/22 for the summer lifeguarding services, historically provided by Surf Lifesaving WA.  This is funded outside of the CAP.

 

New Initiatives

A new pilot community funding program is proposed for 2021/22 – 2022/23, based around a participatory budgeting approach and allowing the community to deliberate over a fixed portion of the City’s budget.  It is proposed that this pilot program be funded in 2021/22 from the 0.5% of rates traditionally allocated to the Community Bids / CAP, in effect splitting the estimated $281,800 between the CAP and this new program, both of which closely align and both of which provide funding assistance to the community. More information about the proposed pilot program is contained within a separate report on this Council meeting agenda.  City officers believe that the CAP on its own, and coupled with the new pilot program, will have a great reach and community impact.

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 Sponsorship Arrangements Council policy sets out the community bids program as one of the programs through which sponsorship may be provided.

Financial Implications

Based on the officer recommendation, total funds included in the draft 2021/22 Donations, Contributions and Subsidies budget equal $281,800.  As outlined above, it is proposed that $100,000 of this amount will be allocated towards the City’s proposed pilot program. $10,000 is proposed to be allocated towards the South West Academy of Sport, and, as per the previously resolved funding agreements, $10,000 will be provided to the Busselton Senior High School - Busselton Trade Centre.  This will leave approximately $161,800 for the 2021/22 CAP program.

 

In addition to this amount, the draft 2021/22 budget includes an allocation of $40,000 towards the YouthCARE school chaplaincy service and $86,794 towards the Busselton Senior Citizens Centre.

Stakeholder Consultation

The City’s Community Development team have consulted widely with local community organisations and sporting groups, peak bodies, State Sporting Associations, funding bodies and other local governments across Australia in developing the proposed CAP.

 

Additionally, this year’s CAP recipients have provided valuable feedback through the acquittal process.

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 choose to continue with the Community Bids Program as per previous years or to allocate funding differently to the CAP.

CONCLUSION

Following the success of the 2020/21 CAP, it is proposed that a CAP as outlined in this report is endorsed for 2021/22 as a core component of the City’s Community Grant Funding program.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Officers will commence the actions immediately following Council’s resolution.


Council

77

28 April 2021

15.2

Attachment a

Proposed 2021/22 Grants & Donations Summary

 


Council                                                                                      83                                                                      28 April 2021

16.4           PILOT PARTICIPATORY BUDGETING BASED PROGRAM

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.2 Council engages broadly and proactively with the community.

SUBJECT INDEX

Community Engagement

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Strategic Projects / Grants Officer - Julie Rawlings

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

Council Decision and Officer Recommendation

C2104/075              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

That the Council:

1.         Endorse the implementation of the proposed pilot participatory budgeting style program as outlined in this report (the Program); and

2.         Endorse the allocation of $100,000 to the Program, to be funded from the draft 2021/2022 Donations, Contributions and Subsidies budget.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

As part of determining the CEO’s key performance indicators (KPI) for the 2020/2021 period, the Council and CEO agreed to investigate the development and implementation of a pilot participatory budgeting style program, to provide opportunity for the community to have more involvement and input to budget deliberations. 

 

This report presents a summary of the research undertaken in relation to this KPI and outlines a proposed pilot program for implementation. It is recommended that Council support the implementation of the program as outlined and as a pilot program, allocating $100,000 of the 2021/2022 Donations, Contributions and Subsidies budget to the program. 

 

BACKGROUND

Participatory budgeting (PB) is a process of democratic deliberation and decision-making.  It can take many forms but is based around the principles of local ownership and involvement in setting budget priorities and identifying projects for public spend.

 

Although Council cannot devolve its decision-making responsibilities under the Local Government Act 1995, it can create opportunities for greater community ownership over its budget. The decision to explore how, and to what extent, a PB approach could be implemented at the City of Busselton was largely focused around this objective, as well improving community engagement, increasing transparency and accountability, and providing an opportunity for community capacity building.


 

Specifically, the relevant CEO KPI requires that the CEO:

Develop and provide to Council a participatory budget methodology report in readiness for implementation of a pilot program in 2021/2022 for the 2022/2023 budget.

 

Officers researched PB approaches implemented at a number of other local governments across Australia and workshopped a range of options with Councillors at a session held on 3 March 2021.  Recognising that this would be the City’s first exploration of a PB centred approach, it was agreed that the pilot program should focus on a small and clearly defined portion of the City’s budget.

OFFICER COMMENT

The proposed program applies the principles of PB by providing an opportunity for the community to generate ideas for projects / initiatives which they consider will have a positive impact on their local neighbourhood or community, and for community collaboration and deliberation around how to spend the allocated budget. 

 

The program, outlined below, is modelled on the City of Melville ‘Robin Hood’ program, which has been running since 2012.     

 

Program Overview

It is proposed that a total funding pool of $100,000 be made available (from the City’s 2021/2022 Donations, Contributions and Subsidies budget) with proposals considered up to a maximum value of $20,000.  The proposals are assessed by City officers initially to ensure they are safe, legal, achievable  and in keeping with the ethos of the program, with those that meet these criteria presented to the community to deliberate and ‘vote on’, through an on-line budget allocation process.

 

Program Ethos

The ethos of the Program is encapsulated in the following description:

Community members are invited to propose projects or programs that help to shape the physical, social and cultural development of their neighbourhoods or the broader community neighbourhood, and which promote the capacity of local communities to develop, implement and sustain solutions.

 

Significant emphasis will be placed on the ethos of the program in its promotion. Importantly, the program is about the community developing their capacity to deliver projects and initiatives, with support from the City, as opposed to the City driving delivery. It’s about increasing community ownership and shifting the local government culture in this instance from ‘provider’ to ‘facilitator’, and in turn building community resilience, capacity and cooperation.

 

A suggested name for the program is ‘You Choose’ – Community Funding Program.

 

Program Deployment

The program would be launched and promoted at a community information event where ideas can be shared and where staff can provide some technical assistance as people scope their proposals.

 

Community proposals would be submitted via an on-line application form through the City’s website/Your Say platform.  Each proposal will require a brief description of the project, a simple budget that also allows for any maintenance requirements (if relevant) and an image that captures the idea.

 

The application becomes the ‘pitch’ to the community for the project. Applicants rally community support for their project by talking to family, friends and neighbours, and other groups or businesses. 

 

All submissions will be reviewed by a panel of City staff against a set of established criteria before the public ‘voting’ stage.  The criteria will be designed to primarily ensure that the proposal is in keeping with the ethos of the program and that it’s safe, legal, and broadly achievable.  The role of the panel is not to determine whether or not something is a good idea but simply to ensure that those core criteria are met and / or to offer suggestions as to how the proposal can be adjusted to suit.

 

It should be noted that where proposals propose new or renewal of infrastructure on City land, additional considerations will be applied such as future maintenance requirements and how the use of that land fits with the overall strategic direction. There will be a requirement for applicants to include a broad maintenance plan also. 

 

Proposals that are assessed as suitable are put up for the community to deliberate on.  The community will be offered the opportunity to allocate the $100,000 budget using a Balanced Budget tool available through the City’s Your Say site (as an affiliated product and for a small cost).  This tool will allow people to choose how they would like to spend the money and will show either a surplus or a deficit as they select projects.  A deficit budget is unable to be submitted, a budget in surplus can be (that is, it doesn’t need to be balanced to zero). 

 

The option does exist to instead use current Your Say functionality, and ask people to vote for their favourite project/s.  This will not however allow people to allocate a budget and so some of the spirit and intent of PB is lost. Instead, it would be the City / Council allocating the budget based on the highest ranked projects. There may be a tendency then for people to vote for more projects than can be allocated within the $100,000. 

 

The most popular proposals are then considered by Council for funding, with the intent being that, excluding any unforeseen issues or circumstances, they are funded. Each funded project must be completed within budget by 30 June 2023.  A simple agreement that includes a reporting and acquittal process (including presentation of receipts) will be established for each funded project.  Simplicity will be important, while also ensuring funds are properly accounted for. Any unspent funds will be returned to the City, with this requirement outlined in the agreement.

 

In keeping with the objective of community capacity building and the City acting as a facilitator, applicants will be strongly encouraged to implement their project using their own resources and, if required, to think of ways to use or expand their own networks to support their project.  It is intended that the City will offer only limited technical advice and support through project implementation, with the appointment of a City liaison officer. The role of this officer is to act as a contact point for the project owners and to point the project owners in the right direction for any approvals they need.  They are also there to check in on project progress and encourage the project owners.  They are not directly involved in managing or completing the project. This messaging will need to be clear throughout the program launch and promotion.

 

The program and its approach is new to the City, and is intended to be a pilot program only.  The program will be reviewed by Council at its conclusion for consideration of its implementation in future years.

 


 

Timeline

Following is an indicative timeline for the process:

June/August 2021

Planning and Development / Internal Engagement

September 2021

Launch / Promotion

October 2021

Submissions open for 4 weeks / Community Information Session / Promotion

November/December 2021

Submissions collated, clarification sought as required, and assessed

January 2022

Your Say Voting site established, Voting Opens for 4 weeks

February 2022

Voting Closes

March 2022

Council report on the outcomes

April 2022

Successful projects announced

April 2022

Project Implementation commences

June 2023

Project implementation finishes (30 June)

July 2023

Council is presented with the outcomes of the Pilot Program

 

This timeline will see the PB process run in the 2021/2022 financial year (as required by the KPI) and funding also allocated in the 2021/2022 year.  The KPI anticipated that funding would be allocated in the 2022/2023 financial year however, in order to ensure the projects have enough implementation time it is recommended that funding be awarded in 2021/2022, with implementation to commence in 2021/22 through to 2022/2023. 

 

As outlined in the options, an alternative would be to allocate $50,000 from the 2021/2022 budget, and a further $50,000 from the 2022/2023 budget.  This would reduce the annual impact on the City’s Community Assistance Program, the funding for which is proposed to be decreased, to fund this pilot program.  See Financial Implications section of this report for further funding details.

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 aligns to the following adopted policy:

Policy - Sponsorship Arrangements 

This Policy outlines the framework under which the City will enter into Sponsorship Arrangements for the purposes of facilitating the provision of a service, program, event, activity or endeavour that may contribute to the economic, social, environmental or cultural development of the City.

 

The Program is a form of Sponsorship Arrangement under this Policy.

Financial Implications

Council, through the Community Assistance Program report on this same Council agenda, are being asked to allocate 0.5% of rates to the draft 2021/2022 Donations, Contributions and Subsidies - estimated at $281,800. 

 

Subject to Council endorsing this recommendation, it is proposed that $100,000 of that funding is allocated to this new pilot program, with the remaining budget allocation being allocated to the Community Assistance Program (CAP).    

 


 

The CAP and this new program closely align as they both provide funding assistance to the community for projects / proposals which contribute to the development of the City, either locally or at a district level.  The key differences being that this new pilot program is more focused at the local level (although not to the exclusion of broader initiatives) and seeks to give the community more input and ownership, both in terms of how the budget is allocated and in terms of delivering the projects.

 

The Program will be run and deployed in house, through some reallocation of resources. To facilitate the PB process the City will need to purchase some additional software at a cost of $3,750.  As outlined above it is intended that funding will be allocated to the successful projects upfront in the 2021/2022 budget, and then acquitted in the following financial year. Alternative options are proposed in the Options section of the report.

Stakeholder Consultation

Officers undertook a desktop review and consulted with other local governments to research various PB processes and programs undertaken within the industry. The City of Melville and the City of Bayswater were contacted directly to share their experiences.  This program is modelled around the City of Melville’s Robin Hood Program.  

 

In researching the experiences of other local governments it became evident that the more deliberative, complex and widespread the process, the more it will cost to implement.  It was also noted that, where local governments opened up their complete budget for deliberative review, they encountered complexities around how to adequately educate the community about those budgets and then how to consider and implement some of the recommendations in the short to medium term.  This was particularly the case for operating budgets where there are many relatively fixed costs e.g. multi-year contracts already in place. In the case of capital budgets complexities include being able to influence budgets that have established funding agreements or budgets that directly relate to asset management planning. 

 

For these reasons, officers are recommending a much more narrow initial approach to PB.

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. As a pilot program, there is a risk that the program will not meet its intended objectives and / or that the concept will not be readily taken up by the community.  These risks are not assessed as significant however, with no risks of a medium or greater level being identified.

Options

As an alternative to the proposed recommendation, the Council could:

1.         Proceed with the pilot program, but allocate $50,000 in each of the 2021/2022 and 2022/2023 budget years, thereby reducing funding to the CAP by $50,000 in each year, as opposed to $100,000 in 2021/2022.

2.         Allow instead community deliberation over a specific capital project identified for inclusion in the 2022/2023 budget year.  This option would allow the community (either broadly or via a representative community panel) to make recommendations as part of the 2021/2022 budget process for how the budget is allocated for a new capital project or small number of projects.  For instance the community could be asked to deliberate on how the funding for a proposed new playground in Dunsborough is allocated.  Specific projects would need to be further identified if Council was to choose this alternative option. 

3.         Choose to enter into a PB process opening up the City’s operational or capital budget for 2022/2023. This is not recommended as a pilot PB program given the complexities associated with explaining the City’s budget so that the community can make informed decisions, and noting that large portions of it are either fixed in the short term (operationally) or are driven by asset management planning (capital). 

4.         Choose not to proceed with the pilot program at this time and instead continue with just the Community Assistance Program. If this option is chosen, Council is asked to acknowledge that the CEO KPI 2 has been completed.

CONCLUSION

It is recommended that Council implement the proposed pilot program as a pilot PB based initiative, with the program to be deployed and funded in 2021/2022, and successful proposals to be implemented through to the 30 June 2023. 

 

The program meets the goals and objectives identified by Council and provides broad opportunity for the community to identify projects for public spend and to decide their priorities for that spend.  Additionally, the cost to implement the program is minimal being less resource intensive compared to other larger scale PB programs.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should the Council adopt the program as proposed, it is envisaged that it would take approximately 10 months from the planning stage to the announcement of successful projects in March/April 2022.  Successful projects will be expected to be completed by June 2023.

 


Council                                                                                      85                                                                      28 April 2021

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

Chief Executive Officer - Mike Archer

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

Council Decision and Officer Recommendation

C2104/076              Moved Councillor L Miles, seconded Councillor J Barrett-Lennard

 

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

17.1.1       Current Active Tenders 

17.1.2       Donations, Contributions and Subsidies Fund – March 2021 

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 

 

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

 

RFT 01/21 MITCHELL PARK UPGRADE

·        Requirement - civil and landscaping works as part of the Mitchell Park Upgrade.

·        A request for tender was advertised on 16 January 2021 and closed on 16 February 2021. 

·        5 tenders were received.

·        Council resolved on 24 March 2021 to:

o   Accept the tender from Pindan Projects WA Pty Ltd for the Stage 1A works (tendered price $685,265.04 exclusive of GST) as the most advantageous tender; and

o   Authorise the CEO TO negotiate and agree with the successful tenderer minor variations and enter into a contract.

·        The CEO has entered into a contract with the successful tenderer in accordance with this resolution.

PQS 01/21 PEST AND WEED CONTROL SERVICES

·        Requirement - establish a panel of pre-qualified suppliers for provision of pest and weed control services as follows:

o   Pest and weed control within City urban areas, including road verges, cycle-ways, footpaths, kerb-lines, drainage infrastructure and public open space.

o   Pest and weed control within City rural areas, including road verges, cycle-ways, footpaths, kerb-lines, drainage infrastructure and public open space.

o   Inspection of and pest and weed control at various bridge infrastructure managed by the City.

·        An invitation to apply was advertised on 6 February 2021 and closed on 4 March 2021.

·        4 applications were received. 

·        The CEO under delegation DA 1 – 10 Panels of Pre-Qualified Suppliers, established the following panels of pre-qualified suppliers:

Sub Panel A – Urban Areas:

Echo Field Pty Ltd t/a SprayMow Services

Website Weed Pest WA Pty Ltd

Busselton Pest and Weed Control

 

Sub Panel B – Rural Areas:

Echo Field Pty Ltd t/a SprayMow Services

Jetblack Holdings t/a Mainspray

Busselton Pest and Weed Control

Website Weed Pest WA Pty Ltd

 

Sub Panel C – Bridge Pest Control:

Busselton Pest and Weed Control

 

Sub Panel C – Bridge Vegetation Control:

Echo Field Pty t/a SprayMow Services

Busselton Pest and Weed Control

Jetblack Holdings t/a Mainspray


RFT 02/21 BUSSELTON FORESHORE EAST UPGRADE

·        Requirement - civil and landscaping works as part of the redevelopment of the Busselton Foreshore in the area between Brown Street and Georgette Street. 

·        A request for tender was advertised on 16 January 2021 and closed on 23 March 2021. 

·        Seven (7) tenders were received from the following tenderers:

o   Busselton Civil Pty Ltd

o   Environmental Industries Pty Ltd

o   Leeuwin Civil Pty Ltd

o   Landscape Australia Construction

o   LD Total

o   MG Group

o   Pindan Project

·        Tendered prices ranged from $1.7M to $2.4M, which significantly exceeded the project budget.

·        Under Delegation DA 1 - 07 Inviting, Rejecting and Accepting Tenders (which includes a delegation from Council to the CEO to decline to accept any tender) the CEO:

o   Declined to accept any tender; and

o   Directed officers to modify the design (by reducing the scope of works) and re-tender this project.

 

RFT 03/21 BUAYANYUP DRAIN SHARED PATH CONSTRUCTION

·        Requirement - construction of a shared bike path along Buayanyup Drain located between Vasse Bypass, Vasse (commencing from the Vasse underpass) and Caves Road, Abbey (concluding adjacent the RAC Busselton Holiday Park).

·        A request for tender was advertised on 13 March 2021 and closed on 8 April 2021. 

·        Two (2) Tenders were received, which are under evaluation.

·        The value of the contract is expected to fall within the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).

·        It is expected that the tender evaluation will be completed and a contract entered into with the successful tenderer by end April 2021.

 

RFT 04/21 ROAD NETWORK UPGRADE – PEEL TERRACE CAUSEWAY ROAD INTESECTION UPGRADE – STAGE 1A

·        Invitation for tenders will be advertised during June 2021.

 

RFT 05/21 PROCESSING AND DISPOSAL GREEN WASTE

·        Requirement – processing and removal of green waste at the City’s waste facilities. 

·        A request for tender was advertised on 6 March 2021 and closed on 8 April 2021. 

·        Three (3) tenders were received, which are under evaluation.

·        The value of the contract is expected to exceed the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).

·        A report to Council for deciding which tender to accept will be included in the 12 May 2021 Council meeting agenda.

 

RFT 06/21 CONSTRUCTION OF BUSSELTON PERFORMING ARTS AND CONVENTION CENTRE

·        Requirement – construction of the Busselton Performing Arts and Convention Centre.

·        Pursuant to an Expression of Interest process the CEO, under delegation, shortlisted all seven respondents as acceptable tenderers. 

·        A request for tender was issued to all seven tenderers on 19 March 2021 and closes 4 May 2021. 

·        Since 19 March 2021, four shortlisted tenderers have indicated that they are considering not submitting tenders for this project.

·        The value of the contract will exceed the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).

·        A report to Council for deciding which tender to accept will be included in the 9 June 2021 Council meeting agenda.

 

RFT 07/21 STREET AND DRAIN CLEANING SERVICES

·        Invitation for tenders will be advertised during May 2021.

 

RFT 08/21 DUNSBOROUGH LAKES SPORTS PRECINCT- SUPPLY AND PLANTING OF TURFGRASS

·        Requirement - supply and install of turf grass sod at Dunsborough Lakes sports precinct. 

·        A request for tender was advertised on 10 April 2021 and closes 4 May 2021.

·        The value of the contract may (or may not) exceed the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).

·        If the value of the contract exceeds the CEO’s delegated power a report to Council for deciding which tender to accept will be included in the 26 May 2021 Council meeting agenda.

 


 

RFT09/21 DUNSBOROUGH LAKES SPORTS PRECINCT – EARTHWORKS

·        Requirement - clearing and earthworks for the Dunsborough Lakes sports precinct. 

·        A request for tender was advertised on 20 March 2021 and closed on 13 April 2021.

·        This report was prepared before the tender closing date – therefore the number of tenders received will be advised to Council during the meeting.

·        The value of the contract is expected to fall within the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).

·        It is expected that the tender evaluation will be completed and a contract entered into with the successful tenderer by end April 2021.

17.1.2       Donations, Contributions and Subsidies Fund – March 2021 

 

The Council allocates an annual budget allowance to the Donations, Contributions and Subsides 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 the published guidelines and funding availability. 

 

Six applications were approved in March 2021, totalling $3,090.00, as outlined in the table below:

 

Recipient

Purpose

Amount

Dunsborough Bay Yacht Club (DBYC)

The DBYC hosted the State Minnow Championships on 19 March. Funding requested as a contribution towards the cost of marquee hire for competitors and spectators.

$250.00

Busselton Old Time Dance Inc.

Hosted their annual Old Time Dance event at the High St Hall on 26 March 2021. Funding requested to assist with covering the cost of hall hire, decorations and sanitiser.

$250.00

Rail Heritage WA

Rail Heritage WA are coordinating the ‘Celebrating WA Rail 150’ event at Wonnerup House on 21 August 2021. Funding requested to cover the cost of hiring a marquee, chairs and tables for the event.

$840.00

Building Busselton Town Team (auspiced by Busselton Chamber of Commerce and Industry)

Funds requested to cover the cost of hire items required for the community launch of the Kent St Laneway mural project on Sunday 11 April 2021.

$500.00

Gail Kearney Memorial Busselton Hospice Charity Golf Day

Funds requested to assist with catering related expenses for the annual fundraiser event held on 26 March 2021.

$250.00

Yallingup Boardriders Inc.

Funds requested as a contribution towards the cost of water safety and shark mitigation by using a qualified and registered drone operator at three two-day youth surfing competitions scheduled to be held in Yallingup on 8-9 May, 23-24 October and 6-7 November 2021.

$1,000.00

 

March Total

$3,090.00

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

12.4           Finance Committee - 14/4/2021 - APPLICATION FOR RATE EXEMPTION - RELATIONSHIPS AUSTRALIA WA INC

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Exemptions & Appeals (Rates)

BUSINESS UNIT

Finance and Corporate Services

REPORTING OFFICER

Rates Coordinator - David Nicholson

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Rate Exemption Application With Letter

Attachment b    Rate Exemption Application Statutory Declaration

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

DISCLOSURE OF INTEREST

Date

28 April 2021

Meeting

Ordinary Council

Name/Position

Cr Ross Paine, Councillor

Item No./Subject

Item 12.4 ‘Finance Committee 14/04/2021 -  Application for Rate Exemption – Relationships Australia WA Inc.’

Type of Interest

Financial Interest (Indirect)

Nature of Interest

Relationships Australia WA Inc. are currently advertising a job which my wife is in the process of applying for.

 

DISCLOSURE OF INTEREST

Date

28 April 2021

Meeting

Ordinary Council

Name/Position

Cr Sue Riccelli, Councillor

Item No./Subject

Item 12.4 ‘Finance Committee 14/04/2021 -  Application for Rate Exemption – Relationships Australia WA Inc.’

Type of Interest

Financial Interest (Indirect)

Nature of Interest

I liaise closely with Relationships Australia WA through my role with Anglicare.

            

5.50pm:                At this time, Councillor Paine left the meeting.

 

5.50pm:                At this time, Councillor Riccelli left the meeting.


 

Council Decision and Committee Recommendation and Officer Recommendation

C2104/077              Moved Councillor P Carter, seconded Councillor P Cronin

 

That the Council:

1.         Grant rate exemption to Relationships Australia WA Inc. on 93 Duchess Street, Busselton, effective 9 November 2020 under section 6.26(2)(g) of the Local Government Act 1995; and

 

2.         Agree that this rate exemption is to continue where Relationships Australia WA Inc. confirm in writing by 30 April annually that they continue to lease and use the property for the purposes stated in the application.

CARRIED 7/0

ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

An application has been received from Relationships Australia WA Inc. (RAWA) for rate exemption on a leased property at 93 Duchess Street, Busselton. This property is being used by RAWA to deliver 4Families Support Service, a mental health and family support service and Bunbury Family Relationships Centre outreach programs. On the basis of the application, this report recommends that the application for exemption be granted effective from 9 November 2020, when RAWA occupied the property in accordance with section 6.26(2)(g) of the Local Government Act 1995.

 

BACKGROUND

RAWA is a not-for-profit benevolent institution with deductible gift receipt status. The vast majority of RAWA income is from Commonwealth and State government grants so as to provide community services. The 4Families Support (4Families) and Bunbury Family Relationships Centre outreach programs were provided from 3/71 Kent Street Busselton until 6 November 2020 when RAWA vacated the property. Council has previously granted a rate exemption for RAWA at 3/71 Kent Street, Busselton, due to the free programs being provided from the property and the organisation’s charitable status. At its meeting held on 8 May 2019, Council resolved to:

1.         Approve Relationships Australia (WA) Inc. application for rate exemption under section 6.26(2)(g) of the Local Government Act 1995, “land used exclusively for charitable purposes”, for 3/71 Kent Street Busselton effective from the 1st July 2018;

2.         Agree that this rate exemption is to continue where Relationships Australia (WA) Inc. confirm in writing by the 30th April of each year that it remains the lessee of the property and that the properties use is the same as stated in the rate exemption application;

3.         Request that the South West Zone representative put a motion to the South West Zone of WALGA for lobbying of the State Government to consider the removal of rate exemptions for charitable organisations under the Local Government Act or that an alternative position to implement a rebate scheme similar to the Pensioners and Seniors Rebate Scheme be considered.

 

These programs are now being conducted from 93 Duchess Street, Busselton, effective from 9 November 2020, being the date that RAWA occupied the property.

 


 

4Families

4Families is a free service that provides a range of services to families and carers, which aim to reduce family stress and enable children and young people to reach their full potential.

 

The services provided by 4Families are:

•        counselling and emotional support

•        information and referrals

•        home-based family support

•        workshops, seminars and groups

•        community development activities

•        support for grandparents and carers

 

The focus is on prevention and early intervention by addressing issues that affect the mental and emotional wellbeing of children and young people.

 

Where families and carers require more assistance, RAWA will actively work with other services including schools, community organisations, Centrelink and mental health services.

 

Bunbury Family Relationships Centre

•        The Busselton service is the outreach service for the Bunbury Family Relationships Centre.

•        It provides information about family relationships at all stages - forming new relationships, overcoming relationship difficulties or dealing with separation and also referring other services that can help.

•        For parents experiencing separation, the centre helps the parents to focus on the children's needs and help decide what to do next.

•        RAWA can also provide joint sessions with the other parent or family members to help with parenting arrangements.

 

RAWA provides information, referrals and individual sessions free of charge. RAWA also provides one hour of family dispute resolution sessions free of charge (up to four hours where interpreters are used) and may charge fees after this depending on circumstances. Members of the public are able to drop in or phone the centre for information about programs and services available in the local area that can help strengthen family relationships.

 

Engagement with Western Australian Local Government Association (WALGA)

Following a Council resolution made in May 2019, the Mayor raised this issue with the South West Zone of WALGA (SWZ) at its meeting in May 2019. The SWZ supported the City of Busselton’s view unanimously and resolved as follows:

 

That the SWZ:

1.         Request that WALGA continue to lobby the State Government to consider the removal of rate exemptions for charitable organisations under the Local Government Act 1994 and that an alternative position may be implementing a rebate similar to the Pensioners and Seniors Rebate Scheme.

 


 

In response to the SWZ’s resolution, WALGA advised that the SWZ’s position is consistent with the following long-held sector position that:

 

1.         There is a need to amend the Local Government Act to clarify that Independent Living Units should only be exempt from rates where they qualify under the Commonwealth Aged Care Act 1997; and

 

2.         Either:

a.        amend the charitable organisations section of the Local Government Act 1995 to eliminate exemptions for commercial (non-charitable) business activities of charitable organisations; or

b.        establish a compensatory fund for Local Governments, similar to the pensioner discount provisions, if the State Government believes charitable organisations remain exempt from payment of Local Government rates.

 

WALGA also added to its submission to the State Government following the consultation on phase 2 of the review of the Local Government Act:

Request that a broad review be conducted into the justification and fairness of all rating exemption categories currently prescribed under Section 6.26 of the Local Government Act.

 

WALGA are continuing to advocate for this position.

OFFICER COMMENT

Section 6.26 of the Act states that all land is rateable except in certain circumstances. Section 6.26(2)(g) states that “land used exclusively for charitable purposes” is not rateable.

 

It is considered that the free 4Families and Bunbury Family Relationships Centre programs provided by RAWA are charitable in nature and therefore the property at 93 Duchess Street, Busselton, is eligible for rate exemption under section 6.26(2)(g) of the Act.

 

No physical inspection of the property has been carried out, as the statutory declaration provided on the property’s use (at Attachment B) is considered sufficient.

 

WALGA’s advocacy position has not changed in relation to this issue and continues to push for meaningful legislative change in this area. Until then, however, the current approach to rate exemptions due to charitable status is still applicable.

Statutory Environment

Section 6.26(2)(g) of the Act specifically states that land used exclusively for charitable purposes is not rateable.

 

Relevant Plans and Policies

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

Financial Implications

Granting rate exemption effective 9 November 2020 would see an estimated $3,035 reduction to Council’s 2020/2021 rating income.

 

This would be offset with an estimated $3,265 in rating income from 3/71 Kent Street, Busselton, due to RAWA vacating this property and its rate exemption entitlements being removed.

 

Rating income from 93 Duchess Street, Busselton, would reduce by approximately $4,850 for future financial years where it continues to be leased by RAWA and used for providing the free programs as per the rate exemption application, subject to Council’s resolution.

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.

 

However, if Council choses to decline the rate exemption application, then staffing and/or legal costs may be incurred should RAWA request the State Administrative Tribunal review the decision.

Options

As an alternative to the proposed recommendation, the Council could decline the rate exemption application on the basis that it considers the property to be rateable under the Act. As stated above, this is not recommended based on the risks associated with declining the application.

CONCLUSION

It is considered that the property at 93 Duchess Street, Busselton, whilst leased by RAWA and used to provide free 4Families and Bunbury Family Relationships Centre programs to the community, is eligible for rate exemption under section 6.26(2)(g) of the Act.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If granted, the rate exemption on 93 Duchess Street, Busselton, would be effective as of 9 November 2020, being the date when RAWA first occupied the property, and this will be implemented within 1 to 2 weeks of Council’s decision.  


Council

95

28 April 2021

12.4

Attachment a

Rate Exemption Application With Letter

 







Council

99

28 April 2021

12.4

Attachment b

Rate Exemption Application Statutory Declaration

 


Council                                                                                      102                                                                   28 April 2021

5.51pm:                At this time, Cr Paine and Cr Riccelli re-entered the meeting.

16.2           REVIEW OF CAPES REGION ORGANISATION OF COUNCILS (CapeROC) MEMORANDUM OF UNDERSTANDING

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

CapeROC

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Amended CapeROC Memorandum of Understanding

Attachment b    CapeROC Meeting Minutes 23 March 2021  

 

Council Decision and Officer Recommendation

C2104/078              Moved Deputy Mayor K Hick, seconded Councillor J Barrett-Lennard

 

That the Council

1.    Disbands the Capes Region Organisation of Councils (CapeROC) as a Committee established under Section 5.8 of the Local Government Act 1995; and

 

2.    Endorses the attached Capes Region Organisation of Councils (CapeROC) Memorandum of Understanding as at Attachment A.

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

The Shire of Augusta Margaret River and the City of Busselton (the Councils) have agreed to review the governance structure of the Capes Region Organisation of Councils (CapeROC). This report recommends that CapeROC be disbanded as a formal Committee of Council and that the Councils sign a Memorandum of Understanding (Attachment A) (the MOU), committing the Councils to continuing to work together on projects in a more informal manner.

 

BACKGROUND

In 2009 the Councils began meeting as the Voluntary Regional Organisation of Councils (VROC) Cape Region Organisation of Councils (CapeROC) and in 2013 adopted a formal governance structure, known as CapeROC.

 

The broad objectives of CapeROC have been:

·        To explore opportunities to foster Economic Development in the Capes Region;

·        To explore avenues to foster tourism in the Capes Region and improve the coordination of major regional events;

·        To safeguard, strength and grow the Margaret River and Busselton brands;

·        To explore opportunities to undertake projects of mutual benefit to the Shire and the City, e.g. Rails to Trails network; joint waste management facilities; joint funding of infrastructure requirements;

·        To develop opportunities to undertake capacity building activities for Councillors and staff in the Shire and the City;

·        To explore opportunities to development funding submissions on a regional basis;

·        To evaluate possible resource sharing arrangements between the Shire and the City;

·        To identify skills shortages and to undertake workforce planning on a regional basis;

·        To explore opportunities to simplify and standardise polices in the region where appropriate;

·        To consider the feasibility of establishing a Capes Regional Council.

 

The membership of CapeROC is currently:

1.         The President of the Shire of Augusta Margaret River;

2.         The Mayor of the City of Busselton;

3.         Two Councillors appointment by the Shire and two Councillors appointed by the City; and

4.         The CEO of the Shire and the CEO of the City.

 

CapeROC has no delegated decision making power, with recommendations required to go to both Councils.

OFFICER COMMENT

The Councils work proactively together on many projects (both through and outside of CapeROC) and the requirement for a formal Committee with quarterly meetings is no longer considered necessary, noting that the coordination of formal meetings does incur an administrative overhead.

 

It is therefore proposed that the formal governance structure of CapeROC be disbanded, and that all Councillors instead meet twice a year to informally discuss matters of mutual interest or matters related to the proposed objectives of a new Memorandum of Understanding (MOU) (listed below). Each Council will alternate hosting of the meetings. Additionally, officers from each Council will continue to work on shared initiatives and provide updates back to their respective Councils as required.

 

It is proposed a new MOU will give focus to the following objectives:

·        Share information that can impact both communities.

·        Maximise grant opportunities that benefit the Capes Region.

·        Maximise opportunities that are not necessarily finance related that benefit both local communities.

·        Provide support in emergency situations at the request of the affected Council.

·        Establish project teams when required and nominate officers from each Council to participate.

·        Each Council to engage its best endeavors to seek alignment on issues.

 

The proposed new format of CapeROC will require less resourcing, including Councillor and officer time, administration and travel.

Statutory Environment

Under Section 5.8 of the Act, a local government may, by absolute majority, establish committees of three or more persons to assist the Council.

Section 5.11 of the Act relates to the tenure of Committee membership, with a person’s membership ending when a committee is disbanded.

 

More broadly, 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

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

Financial Implications

Council has over the last two financial years allocated a budget of $40,000 for the funding of CapeROC initiatives. The current 2021/2022 draft budget does not include this funding allocation.

Stakeholder Consultation

Consultation with the Shire of Augusta Margaret River has taken place, with the officer recommendation a result of this consultation.

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 to consult with AMR in relation to the MOU and governance structure of CapeROC.

CONCLUSION

The Councils of the Shire of Augusta Margaret River and City of Busselton have agreed to amend the governance structure and as opposed to a formal Committee meeting quarterly, that CapeROC operate informally under the MOU, meeting twice per year.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The disbandment of CapeROC in its current form will be actioned immediately following Council’s endorsement of the officer recommendation.  


Council

104

28 April 2021

16.2

Attachment a

Amended CapeROC Memorandum of Understanding

 



Council

114

28 April 2021

16.2

Attachment b

CapeROC Meeting Minutes 23 March 2021

 










 


Council                                                                                      119                                                                   28 April 2021

16.5           INTRODUCTION OF SERVICE IMPROVEMENT REVIEWS

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.3 Accountable leadership that is supported by a skilled and professional workforce.

SUBJECT INDEX

Governance

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Strategic Projects/Grants Officer - Julie Rawlings

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Service Improvement Review Methodology including service listing  

 

Council Decision and Officer Recommendation

C2104/079              Moved Councillor P Carter, seconded Councillor S Riccelli

 

That the Council:

1.         Adopts the methodology for the implementation of service improvement reviews as per Attachment A.

2.         Allocates an additional $100,000 to the draft 2021/2022 salaries and wages budget for the purposes of resourcing stage 1 of the methodology.

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

As part of determining the CEO’s key performance indicators for the 2020/2021 period, the Council and the CEO agreed to research and establish an internal service improvement review methodology at the City of Busselton, in order to facilitate investigation of service levels, delivery, processes and resourcing.

 

This report presents a summary of the research undertaken in relation to this priority and outlines a proposed methodology for the implementation of service improvement reviews commencing in 2021/2022. It is recommended that Council adopt the methodology and allocate the requested resources to enable its implementation. 

 

BACKGROUND

Like many local governments, the City of Busselton delivers a diverse range of services to its community.  Local government has moved well beyond the traditional ‘roads, rates, and rubbish’ and is increasingly challenged with changing community expectations, devolution of services from State Government, and an increasingly complex legislative environment.  Focus on efficient and effective service delivery and value for money for ratepayers is therefore vital.

 

The City of Busselton currently undertakes internal reviews of its service provision annually, through a business planning process.  Through this process Activity Units (broadly aligned to service units) assess their service provision, identify challenges and opportunities for improvement, and forward plan associated actions and priorities. 

Any identified resourcing requirements (to fund improvements or to meet service levels) are identified through a resourcing proposal form, and assessed by Senior Management as part of Long Term Financial Planning and annual budget processes. In addition, officers make services improvements as they are identified, within the scope of budget allocations.

 

The City also identifies improvements or possible changes to service delivery through its involvement in networks such as the Regional Capitals Alliance (WA), where benchmarking information can be used to engage in service improvement discussions.

 

While these processes are valuable, as the City continues to grow and evolve (both as a District and as an organisation) there is broad recognition of the need to invest in a more structured and detailed assessment of our services; to ensure there is a strong and consistent understanding of the services delivered by the City, the level of service, cost of service and to ensure that service delivery effectiveness is achieved and / or maintained. While still a relatively new process within the industry, the use of detailed service reviews to drive continuous improvement is growing. 

 

Specifically the relevant CEO KPI requires that the CEO:

After considering proven industry and best practice models, establish an internal service review methodology to investigate service levels, delivery, processes and resourcing, and prepare a report for Council detailing the methodology and identifying potential areas for prioritisation in 2021/22.

OFFICER COMMENT

Service improvement reviews are a process by which organisations gather information on services so that they better understand and can measure the level and quality of service being delivered.  Service improvement review processes encompass both regular service planning, such as the City’s annual business planning process, and more in-depth ‘deep dive’ service reviews, generally done on a small number of services at a time.

 

Importantly, service improvement reviews should integrate with broader strategic planning and be both informed by, and help to inform, review of the Strategic Community Plan, the Corporate Business Plan, and long term financial planning. 

 

Research undertaken by officers indicates that the undertaking of deep dive service reviews in local government are broadly guided by a Service Delivery Review Manual (the Manual) developed by the University of Technology Sydney, Centre for Local Government (UTS: CLG) and the (now defunct) Australian Centre of Excellence for Local Government (ACELG).  The manual was originally published in February 2014, with the second edition published in June 2015. 

 

Research has also demonstrated that, while the Manual is recognised as the best practice approach, in reality service review processes are highly variable in nature and in scope, and that this variation is generally aligned to the level of resourcing available to undertake them, with deep dive service reviews being a resource intensive exercise. 

 

Councillors participated in a workshop looking at service review approaches. The proposed methodology for service improvement reviews at the City of Busselton (Attachment A) has been informed by Councillor feedback with respect to their objectives, and has been developed to provide broad benefit with a relatively minimal additional resource allocation (see Financial Implications section). 

 


 

Proposed Methodology

The proposed methodology outlines a three stage service improvement review approach.

 

Stage 1 will be undertaken in 2021/2022 and will entail a high level analysis of the majority of service areas including:

·        Service Drivers

·        Service Costs

·        Benchmarking

·        Performance Data

·        Barriers and constraints to improvement

·        Service relationships and interdependencies

·        Quick wins – these are solutions that can be implemented faster than others and have a positive impact on the service/organisation

 

This analysis will build on the current annual service planning and will result in a centralised and consolidated set of service statements outlining clear service outcomes, outputs, costs and a set of service measures for the improved tracking of service deliverables. Recommendations for improvement will be tabled for implementation, and a number of service areas identified for deeper investigation.

 

Stage 2 will build upon the high level understanding developed in stage 1, with a deeper analysis of a small number of services in order to further explore services levels, and whether the current delivery model is efficient and effective. This stage may involve community engagement around service levels.  Services for a deeper dive will be prioritised by Council based on recommendations from stage 1.

 

Stage 3 focuses on the development of a program for ongoing continuous improvement including an annual program of deep dive reviews.

 

Further information and detail is provided in the attached methodology, including a current ‘working’ listing of service areas (these will be subject to change through the process) and a proposed governance structure for the implementation of stage 1.  Decisions in relation to the implementation of stages 2 and 3 will be made at the conclusion of stage 1.

 

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, and the implementation of service improvement reviews, aligns closely to the integrated planning and reporting framework and the development of the City’s Corporate Business Plan.  It is envisaged that the information consolidated in stage 1 of the review program will be incorporated into the City’s Corporate Business Plan, providing the Council and the Community with a more detailed overview of City services and their contribution to achievement of the City’s goals and objectives.  The information will also aid Council when considering new services or changes to service provision.    

Financial Implications

As noted earlier, detailed service review processes are generally resource intensive.  The proposed methodology has been developed with the aim of achieving a high level analysis and overview of the bulk of City services in one year, and without the need to engage a dedicated service review team. 

 

In order to achieve the intended outcomes of stage 1, a new full time resource will be required however, at a total budget cost of $100,000.  This will provide for recruitment of an officer with experience in conducting service review processes and / or experience in business and process analysis. It will also allow for ‘fresh eyes’ to be brought in to the process. This is in addition to current workforce growth allocations in the City’s Long Term Financial Plan.

 

Current internal resources will also be re-allocated (in part) to the project; specifically the Manager Governance and Corporate Services will provide overall leadership to the project and support will be provided from the Strategic Projects Officer and Finance staff.  Managers and Coordinators will also be required to allocate time to the project, as and when their service/s are reviewed.       

Stakeholder Consultation

Officers undertook a desktop review and consulted with other local governments to research service review processes and programs undertaken within the industry.  The City of Bayswater, City of Wanneroo, City of Stirling and the City of Melville were contacted directly to share their experiences. 

 

As noted earlier, research found that service review processes are highly variable in nature and in scope.  The process was generally found to be beneficial, particularly from a cultural and educational point of view, although it was difficult to quantify benefits.  Costs were also difficult to quantify but ranged between $150,000 and $250,000 per annum, dependant on the scope of the review process.

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.         Seek to engage an external consultant to undertake a selected number of ‘deep dive’ service reviews. This is not recommended as the internal capacity building achieved through an internal service improvement review process may be lost. Additionally, a recent expression of interest process failed to generate interest locally (with WA).  It is therefore likely to be significantly more expensive as an option.

2.         Choose not to adopt the methodology and not to resource the undertaking of service improvement reviews as outlined.  In the event that Council chooses this option, officers will continue with current annual service planning processes and will endeavour to evolve service planning over time, as current resourcing allows. At this point in time however officers will be unable to undertake a focused service improvement review process within current resources.  

CONCLUSION

It is important that Councils and Elected Members can make informed and sustainable decisions on service delivery.  Service level planning and having well costed services will allow the City to make better comparative choices when service and budget levels are being examined. The proposed methodology will enable to the City to evolve its service planning in a timely manner and provide this valuable information. 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If the officer recommendation is supported, additional resourcing will be recruited, with stage 1 of the service improvement review to commence in July 2021.


Council

131

28 April 2021

16.5

Attachment a

Service Improvement Review Methodology including service listing

 















 

 


Council                                                                                      142                                                                   28 April 2021

ITEMS FOR DEBATE

12.3           Finance Committee - 14/4/2021 - ADOPTION OF THE 2021/22 LIST OF FEES AND CHARGES

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Fees and Charges

BUSINESS UNIT

Finance and Corporate Services

REPORTING OFFICER

Finance Coordinator - Jeffrey Corker

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Draft List of Fees and Charges for the 2021-22 Financial Year

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

Officers foreshadowed an amended recommendation prior to the meeting. In accordance with the City’s Standing Orders Local Law 2018, the Committee Recommendation was moved first.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council endorses the Fees and Charges as detailed in the “Schedule of Fees and Charges - 2021/22” as per Attachment A – Draft Schedule of Fees and Charges, effective from and including 1 July 2021.

LAPSED FOR WANT OF A MOVER

 

Council Decision and amended Recommendation

C2104/080              Moved Councillor S Riccelli, seconded Councillor P Carter

 

That the Council endorses the Fees and Charges as detailed in the “Schedule of Fees and Charges - 2021/22” as per Attachment A – Draft Schedule of Fees and Charges, effective from and including 1 July 2021, inclusive of a new parking fee at the Busselton Margaret River Airport being “Secure Car Parking rates of $15.00 per day for 1-14 days and $12.00 per day for each day over 14 days”.

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

In accordance with Regulation 5(2) of the Local Government (Financial Management) Regulations, a local government is to undertake a review of its fees and charges regularly, and not less than once in every financial year. This report provides Council with a recommended Schedule of Fees and Charges to apply for the financial year commencing on 1 July 2021.

 

BACKGROUND

Each year, the City sets its fees and charges with the view of implementing any changes as of 1 July in any given year. City officers have reviewed each section of the fees and charges and have highlighted any areas of change, or reasons why no changes have occurred in comparison to the existing adopted listing.

As part of the annual review of the fees and charges, officers take into account matters including the cost to provide a service, market conditions and needs of the community. These inform the recommendations that will be made to the Council. These fees and charges recommended are in accordance with recent planning and discussions relating to the City’s Long Term Financial Plan. 

When Council adopts an annual budget, it may also set its fees and charges that will be imposed during a financial year. In order for the 2021/22 schedule of fees and charges to be effective from the commencement of the new financial year, the Council is required to adopt its schedule in advance of 30 June 2021, such that any statutory public notice periods (including gazettals where required) can be complied with.

OFFICER COMMENT

The 2021/22 Draft Schedule of Fees and Charges has been guided by a 2% general escalation over currently adopted fees and charges. Notwithstanding this, in some limited instances, this principle is not appropriate, with other factors also requiring consideration. The following provides an overview, by Directorate, of noteworthy instances where an increase has not been applied, whilst also discussing, where relevant, newly proposed fees and charges.

 

Planning and Development Services

Health Related Fees

·        Noise Monitoring Fees

These fees have not been increased due to the maximum statutory fee for the Regulation 18 process being $1,000.  In order to retain the graduated approach to the fee structure, it is recommended that all fees within this section remain the same.

 

Town Planning Related Fees

·        Provision of Written Advice

This fee has not been increased as it is statutory fee listed under the Planning and Development Regulations at $73 and cannot have an increment increase applied.

 

Engineering & Works Services

Waste Disposal and Sanitation Fees

·        General

A number of fees have been increased above the 2% rate, primarily at the Busselton Facility, to make the charges consistent with those of the Dunsborough Waste Facility. This ensures fairness and equity across the sites.

 

·        Disposal of Tyres

The charges for the disposal of tyres have increased, some very significantly. This has been necessitated by the charges levied by the sole remaining contractor able to appropriately recycle the material.

 

·        Unsorted Mixed Waste including Recyclables (not containing Asbestos)

A new category has been made to provide clarity, with the wording altered accordingly.

 

·        Other Commercial Waste – Dunsborough Only

The charges for the disposal of Liquid Waste / Sewerage has been increased by more than 2% as a disincentive to discourage the use of the Liquid Waste Ponds, therefore prolonging the life of the existing facility.

 

Finance & Corporate Services

Administration / Miscellaneous Fees

·        City of Busselton License Plates

No change to price required, customers expect a historical $450 price.

 

Rates & Finance Charges

·        Rates / Property Related Matters

Some wording amended so that it better matches the nature of the fee.

 

·        Financial Transactions

Fee on Rejected Payments – the wording has been clarified and the amount reduced to $15. The value being charged by the City’s bank on the EasyRate payments is less than expected and the previously adopted fee is now considered unreasonable, therefore officers have recommended a reduction.

 

Cemetery Fees

·        General

All cemetery fees have been kept at 2020/21 levels. City of Busselton charges are above the average for similar councils and cover all costs associated with the works. Additionally, given the current global climate and pandemic, it is considered improper to increase fees relating to burials etc.

Community & Commercial Services

Events & Casual Ground Hire

·        Community Use of Sports Grounds

Change of description to “Community Usage – per full day (excluding schools within the City of Busselton)”. The City only offer free use for local schools, not schools outside of the City of Busselton. This was not previously reflected clearly in the list of fees and charges.

 

Events – Equipment Hire & Signage

·        Hire of Electronic Events Billboard (per 2 week period)

Current large and event signage fees will be replaced with a new electronic events billboard fee when the billboard is installed and operating. The cost is higher than current charges as hirers will no longer have the additional costs to display using skins. Two week blocks of hire would be the most efficient way of administering the fee.

 

·        Foreshore Kiosk Permit – Busselton Foreshore

A new fee “Application for Kiosk Permit renewal” has been introduced for existing permit holders to renew their permit and not have to pay the full fee associated with an application for a new permit.

 


 

ArtGeo Cultural Complex

·        Complex and Exhibition Hire General

A number of fees are proposed not to be increased. All ArtGeo Complex fees were thoroughly reviewed and adjusted for the current financial year. The impact of COVID-19 on the creative industry has affected hire demand and ability. The forthcoming Busselton Performing Arts and Convention Centre build could also have an effect on generating engagement and use throughout the precinct.

 

The “Railway Hall per week” fee has been renamed to “Ballaarat Room” to reflect the change in name.

 

·        Commission Rate on Art Sales

The Resident artist commission fee of 10% is to be removed as it is insufficient to cover costs to administer it. Resident artists will be subject to the commission fees of rostered artists.

 

·        Commission Rates on Exhibition and Art Sales

The wording is to be changed to be inclusive of GST (not exclusive). This seems to be an historical error, as both these commissions have always been processed on the sale which is inclusive of GST.

 

·        Ballaarat Room Exhibition Hire

The previous separate category of fees associated with the Ballaraat Room has been removed as they are now included within the ArtGeo Cultural Complex Hire fees.

Library Charges

·        General

The colour printing charge will be reduced to $1 from $2. High numbers of complaints from customers are indicating this price is now considered too high. Print costs have reduced since this fee was first introduced as new printers are much more economical. Benchmarking with other libraries and the limited number of local retailers showed $1 per colour print is now the most common rate. As this service is highly used by low income earners or those receiving benefits, a reduction in price makes this service more affordable for those in need.

 

·        Sale of Discarded Local Stock

All previous sub-categories of Discarded Local Stock, along with their individual pricing, have been amalgamated into a single line with the price at the point of sale to be determined depending upon prevailing market conditions. Book sales are held throughout the year and each sale is different depending on the level of stock for sale at the time. Greater flexibility to vary pricing subject to stock availability and condition is required. A market rate would also be more equitable with markets and book stores selling second hand books, videos and CDs.


 

Busselton-Margaret River Regional Airport

·        General

o   Passenger Facilitation Fee for Open & Closed Charter Flights utilising the terminal building (per departing passenger) increased from $20 excluding GST to $22 excluding GST (+10%) due to not being increased for 5 years.

o   All Aircraft landing fees have not been increased by 2%. This is to encourage BMRA usage for categories of aircraft. Comparison against WA regional airport landing fees shows that BMRA fees are in line with other WA regional airports.

o   The “General Aviation hardstand parking only” fee has been increased by 10% due to market value charged at other regional airports in WA.

o   Car Parking Fees for both the Public Car Park and FIFO charges have not been increased, as these fees were reviewed and new charges implemented in February 2020.

o   The “Lost parking validation ticket” fee has been increased by 17.65% due to an increased number of patrons using the car park for longer periods of time finding it cheaper to claim a lost ticket than to pay the correct fee for the parking period.

o   The “Car park frequent user swipe card refundable fee” (fully refundable) was introduced for FIFO patrons to use a swipe card system and receive a lower fixed daily parking rate due to being frequent users of the car park.

o   The “Airport reporting officer after hours call out” fee has been increased by 10.39% due to increased staffing costs and market rate charged at other regional airports in WA.

o   The “Airport reporting officer airside assistance /escort” fee has been increased by 16.28% due to the market value charged at other regional airports in WA.

Busselton Jetty Tourist Park

·    General

o   The “Extra Child per night” and “Extra Adult per night” fees have been increased by $1 each (rather than the 2% CPI incremental amount) representing a 4.76% and 7.14% increase respectively.   

o   The overnight and weekly rates for the Basic Cabins have not been increased by the full 2% CPI rate due to the ageing condition of the cabins.

o   The overnight and weekly rates for Non-basic cabins have been increased by in excess of the 2% CPI rate due to market comparisons. A GST listing error contained solely within the spreadsheet for these two categories has been corrected.

o   Linen hire charges have been increased by greater than the 2% CPI rate to reflect increases in charges from contractors.

o   The “Additional charge for electricity use for caravan air conditioners” has increased from $12 to $14 per day to reflect increases in electricity prices.

Hire Facilities – All

·        Facility Hire Bonds

Bond amounts to remain unchanged as considered reasonable.

 

·        Undalup Room

A new fee of $80.00 to hire the new 3-panel stage is proposed. Current local event hirers charge $150 to hire a stage.


 

·        Miscellaneous Facility Fees

A new fee is included for the Marking out of Services. Bookings who request to erect bouncy castles, tents or marquees on a public open space / reserve require a staff member from the City Irrigation Team to mark out underground reticulation & power/water services in the location of the structure to ensure pegs do not damage pipes.  The City has not charged for the service in the past and suggest to charge $50.00 per booking.

 

·        Churchill Park Hall

The Community Group, Commercial/Private and Registered Charity hourly hire fees have been amended to align with existing fees at High Street Hall. The fees at Churchill Park Hall were slightly higher for no reason, so these will now be the same hourly rate as High Street Hall.

 

·        Ground / Court Hire

The fee for “Extraordinary Cleaning as required or by arrangement” has been listed to ensure clarity that it can be charged to users of these particular Hire Facilities.

 

·        Variety of Hire facilities

The fees for a variety of Hire facilities including High Street Hall, Yallingup Hall, Yoongarillup Hall, the Undalup Function Room, Busselton Community Resource Centre, Busselton Youth and Community Activity Building, Ground Hire, Court hire and the Outdoor Exercise Sites have not been increased. COVID-19 has impacted hire rates and the usage of these facilities. With a large part of venue hire being through community groups, any increase would be detrimental to all parties. Venue bookings have just started to increase again and fees will be reviewed in next year’s budget.

 

Geographe Leisure Centre

·        Swimming Pool – Local regular not for profit user groups

No increase to $5 fee is recommended. Restricted lane space availability and rebuilding relationships with user groups, who have communicated issues with current fees for lane hire.  An increase to this fee would create further financial issues for clubs at this time.

 

·        Personal/Group Training

Some changes to wording has been made and three new charges included as follows:

o   PT School program entry per student (minimum 8 students session) $8.00

o   Boot camp – cost per session/term based (minimum 6 people) $11.00

o   Personal Training – 1 hour session with Trainer (1 on1) $65.00

 

·        Sports Stadium – Casual Basketball

No increase to fees are recommended as the majority of users are youths and we want to encourage them to participate.

 

·        Crèche/Activity Room – Vacation Care Program

The increase approved for the Vacation Care Program fee to $77 was not applied in 20/21 due to COVID-19. It would not be appropriate to increase this fee further again this financial year, but instead it is recommended that it remain at $77. This fee has been benchmarked against other programs and is comparable.

        

 

·        Full Membership – Membership Cancellation Administration fee

No increase is recommended so as to remain as stated on terms and conditions on membership application and forms.

Naturaliste Community Centre

·        Group Fitness - Membership Cancellation Administration fee

No increase is recommended so as to remain as stated on terms and conditions on membership application and forms.

 

·        Stadium – Casual Basketball

No increase to fees are recommended as the majority users are youth and we want to encourage them to participate.

 

·        Multi-Purpose Activity Room (Half)

Listed fees for the “Hire of the Ceiling Projector” have been amended to one flat rate only.

               

·        Vacation Care Program

The increase approved for the Vacation Care Program fee to $77 was not applied in 20/21 due to COVID-19. It would not be appropriate to increase this fee further again this financial year, but instead it is recommended that it remain at $77. This fee has been benchmarked against other programs and is comparable.

 

·        Stage Hire

No fee increase is recommended as it is generally hired for fundraising events and there are no overheads associated with the hire.

 

·        NCC Grounds Hire

Removal of fees associated with Community and Commercial class and casual use per hour as they provided unnecessary complexity to the fee structure.

 

Statutory Environment

Sections 6.16 to 6.19 of the Local Government Act 1995 (the Act) refer to the imposition, setting the level of, and associated administrative matters pertaining to fees and charges. The requirement to review fees and charges on an annual basis is detailed within Regulation 5 of the Local Government (Financial Management) Regulations.

 

Section 6.16 of the Act states that a local government may impose and recover a fee or charge for any goods or services it provides or proposes to provide, other than a service for which a service charge is imposed.

 

Section 6.17 of the Act further states that in determining the amount of a fee or charge for goods and services, a local government is to take in to consideration the following factors:

a)         The cost to the local government of providing the service or goods;

b)        The importance of the service or goods to the community; and

c)         The price at which the service or goods could be provided by an alternative provider. 

 

Section 6.18 of the Act clarifies that, if the amount of any fee or charge is determined under another written law, then a local government may not charge a fee that is inconsistent with that law.

 

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter, other than the Long Term Financial Plan which is discussed in the subsequent Financial Implications section.

Financial Implications

Whilst revenue from fees and charges includes items that the Council has no authority to amend (statutory charges set by external bodies), it is important that, where possible, controllable fees and charges are appropriately indexed on an annual basis, to assist in offsetting the increasing costs of providing associated services. This may include increases beyond normal indexation in particular cases, in line with section 6.17 of the Act.

The Council’s current Long Term Financial Plan reflected an annual increase in Fees and Charges revenue of 2.0%. This will be reflected in the 2021/22 budget and included in future revisions and development of the Long Term Financial Plan.

Stakeholder Consultation

Business Unit Managers are responsible for reviewing fees and charges associated with activities under their control. As part of the review process, consultation may occur with other local government authorities, in addition to a review of prices offered by alternate service providers (pursuant to section 6.17 of the Act).

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 may recommend amendments to the Draft Schedule of Fees and Charges as it deems appropriate.

CONCLUSION

As part of the annual review of fees and charges, the currently adopted fees and charges have been reviewed in line with the requirements of the Local Government Act 1995 and other relevant legislation as applicable. Consequently, it is recommended that Council endorses the Draft Schedule of Fees and Charges for 2021/22 as proposed.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Consequent to adoption by the Council, the Schedule of Fees and Charges for 2020/21 will become effective from and including 1 July 2021.


Council

175

28 April 2021

12.3

Attachment a

Draft List of Fees and Charges for the 2021-22 Financial Year

 

































 

 


Council                                                                                      192                                                                   28 April 2021

13.1           DA 20/0916 - MIXED USE DEVELOPMENT (BREWERY, TAVERN, RESTAURANT/CAFE, SHOP AND TOURIST ACCOMMODATION)

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development Applications

BUSINESS UNIT

Development Services

REPORTING OFFICER

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER

Manager, Strategic Planning - Matthew Riordan

NATURE OF DECISION

Regulatory: To determine an application/matter that directly affects a person’s right and interests e.g. development applications, applications for other permits/licences, and other decisions that may be reviewable by the State Administrative Tribunal

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan

Attachment b    Development Plans

Attachment c    Landscape Plans

Attachment d   Applicant report in support of proposal

Attachment e    Traffic Impact Assessment

Attachment f    Bushfire Management Plan

Attachment g   Environmental Noise (Acoustic) Report

Attachment h   Environmental Report and Fauna Management Plan

Attachment i     Waste Management Plan

Attachment j     URBIS design review comments

Attachment k    Schedule of Submissions  

 

DISCLOSURE OF INTEREST

Date

28 April 2021

Meeting

Ordinary Council

Name/Position

Cr Kelly Hick, Deputy Mayor

Item No./Subject

Item 13.1 ‘DA 20/0916 - Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation)’

Type of Interest

Impartiality Interest

Nature of Interest

I am an Authorised Marriage Celebrant and the proposed development is a potential venue for weddings.

I am also the owner of a tourism accommodation business Dunsborough Ridge Retreat which is located at Ocean View Drive, Quindalup.

 

Cr Hick foreshadowed an alternative recommendation prior to the meeting. In accordance with the City’s Standing Orders, it was moved prior to the officer recommendation, which was:

 

OFFICER RECOMMENDATION

That the Council determines:

A.         That application DA20/0916 submitted for a ‘Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation)’ is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

B.         That Development Approval is issued for the proposal referred to above (A) subject to the following conditions:

 

General Conditions

 

1.         The development hereby approved shall be substantially commenced within two years from the date of this decision letter.

 

2.         The development hereby approved shall be undertaken in accordance with the signed and stamped Approved Development Plans except as may be modified by the following conditions.

 

Prior to Commencement of Any Works Conditions

 

3.         The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the satisfaction of the City and have been approved in writing:

 

3.1       Drainage Management Plan.

 

3.2       Odour Management Plan.

 

3.3       Venue Management Plan.

 

3.4       Acoustic Report which demonstrates that all mechanical services associated with the proposed development, and any other noise source, including noise emanating from Licensed Premises, will comply with the Environmental Protection (Noise) Regulations 1997, must be submitted to and approved by the City.

 

3.5       A Noise Management Plan which shall include (but not be limited to) all recommendations specified in the Environmental Noise Report dated 9 November 2020, prepared by Gabriels Hearne Farrell  in order to reduce noise disturbance to neighbours and generally comply with the Environmental Protection (Noise) Regulations 1997.

 

3.6       Lighting Management Plan consistent with the ‘dark sky principles’ and the requirements of Australian Standard AS 4282—2019, Control of the obtrusive effects of outdoor lighting.

 

3.7       A schedule of the final materials, finishes and colours. The schedule shall include details of the type of materials proposed to be used, including their colour and texture.

 

3.8       Details of signage, including but not limited to the design, materials and levels of illumination (where applicable).

 

3.9       Details of the proposed bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

 

3.10    Details of the entry controls required at the southern crossover to Cape Naturaliste Road to ensure this crossover is only used by service vehicles exiting the site in a left-out movement only.

 

3.11    The southern crossover to Cape Naturaliste Road being designed and constructed to the specification and satisfaction of the City to ensure continuity for pedestrians and that it is of sufficient width to cater for left-out truck movements.

 

 

3.12    A contribution of $10,995.80 toward the cost of Road Network Upgrading in the Dunsborough precinct.

 

3.13    A contribution of $5,795.20 toward the cost of Dual Use Path Network Upgrading in the Dunsborough precinct.

 

3.14    A contribution of $32,340.00 toward the cost of community facilities in the Dunsborough precinct.

 

3.15    Satisfactory arrangements shall be made with the City to provide public art works within the development site. This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

 

3.16    A Construction Management Plan (CMP). The CMP shall address the following:

a.         access to and from the site;

b.        delivery of materials and equipment to the site;

c.         storage of materials and equipment on the site;

d.        parking arrangements for contractors and subcontractors;

e.        management of construction waste; and

f.         other matters likely to impact on the surrounding properties.

 

3.17    A Landscape Plan which shall include the following:

a.         the location, number, size and species type of existing and proposed trees and shrubs, including calculations for the landscaping area;

b.        any lawns to be established;

c.         fencing to the northern site boundary to provide definition with the Dugalup Brook Recreation Reserve (R42673);

d.        any existing landscape areas to be retained;

e.        those areas to be reticulated or irrigated; and

f.         verge treatments.

 

3.18    A Tree Protection Plan (TPP) for the mature trees to be retained on the site and adjoining road reserves as indicated on the approved site plan and for vegetation within the adjoining Recreation Reserve – R42673 (Dugalup Brook). The approved TPP shall be implemented before any of the substantive development is commenced and shall be retained throughout the development period until such time as all equipment, machinery and surplus materials have been removed from the site.  Within the areas so fenced, nothing shall be stored or placed, and the ground levels shall not be altered.

 

3.19    Satisfactory arrangements being made with the City for an easement in accordance with sections 195 and 196 of the Land Administration Act for the benefit of the City of Busselton and the public at large is to be shown on the Deposited Plan to be registered on the Certificate of Title over a 3m wide by 13m deep section of the southeast access way (to Dunn Bay Road) to the satisfaction of the City.

 

 

 

 

 

Prior to Occupation/Use of the Development Conditions

 

4.         The development hereby approved shall not be occupied, or used, until all plans, details or works required by Condition 3 have been implemented; and the following conditions have been complied with:

 

4.1       Arrangements to the satisfaction of the City being entered into to provide for legal access from Cape Naturaliste Road to the development site across the 1.0m wide portion of adjoining recreation reserve (Lot 4959, R42673).

 

4.2       All vehicle parking, access ways, footpaths and external lighting shall be constructed in accordance with the Australian Standard for Parking Facilities - Off-Street Car Parking (AS 2890.1) and shall be developed in the form and layout depicted on the approved plans to the satisfaction of the City.

 

4.3       Accessible car parking and access shall be provided and designed in accordance with the Australian Standard for Parking Facilities - Off-Street Car Parking for people with disabilities (AS 2890.6).

 

4.4       Exterior lighting shall be provided under all awnings, in parking areas and all entry points.

 

4.5       Buildings within the approved development shall be constructed in accordance with the  ‘Architectural Requirements’ specified in the Environmental Noise Report dated 9 November 2020, prepared by Gabriels Hearne Farrell.

 

Ongoing Conditions

5.         The works undertaken to satisfy Conditions 2, 3 and 4 shall be subsequently maintained for the life of the development; and the following conditions must be complied with:

 

5.1       The Venue Management Plan for the development shall be implemented and maintained in accordance with the approval details.

 

5.2       The Noise Management Plan for the development shall be implemented and maintained in accordance with the approval details.

 

5.3       The southern crossover to Cape Naturaliste Road shall be provided with controlled access to be limited to use only by service vehicles exiting the site in a left-out movement only.

 

5.4       No roller doors or screens are permitted to be installed to the windows fronting the commercial tenancies fronting Dunn Bay Road.

 

5.5       All glazing to the commercial tenancies fronting Dunn Bay Road is to be clear, non-tinted glazing and shall not be subsequently obscured by alternative window treatments, signage or internal shelves.

 

5.6       All doors to shop premises fronting Dunn Bay Road must be kept unlocked for customer access during all hours when the subject premises are trading.

 

5.7       All services and service-related hardware, including antennae, satellite dishes and air conditioning units, being suitably located away from public view and/or screened to the satisfaction of the City.

 

5.8       Compliance with the approved Waste Management Plan.

 

5.9       The approved Bushfire Management Plan shall be implemented and maintained in accordance with the approval details and any recommendations therein.

 

5.10    Landscaping and reticulation shall be maintained in accordance with the approved Landscape Plan to the satisfaction of the City. Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die, or are assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

 

5.11    Within 6 months of the registration of an easement pursuant to Sections 195 and 196 of the Land Administration Act 1997 over Lot 108 (no. 57) Dunn Bay Road, providing legal access to Lot 2 (no. 59) Dunn Bay Road and completion of the balance crossover on Lot 108 the relevant crossover onto Dunn Bay Road being amended to the specification and satisfaction of the City to allow for shared access to Dunn Bay Road. Within 30 days of the completion of the crossover the redundant portion of the cross over being removed and the area landscaped to the satisfaction of the City.

 

There was opposition to the alternative motion, debate ensued and the motion was put.

 

Council Decision and ALTERNATIVE Recommendation

C2104/081              Moved Deputy Mayor K Hick, seconded Councillor S Riccelli

That the Council defers consideration of this item 13.1 ‘DA 20/0916 – Mixed Use Development (Brewery, Tavern, Restaurant/Café, Shop and Tourist Accommodation’ until its next Ordinary Meeting on 12 May 2021.

CARRIED 8/1

For the motion: Cr Hick, Cr Miles, Cr Cox, Cr Cronin

Cr Riccelli, Cr Carter, Cr Barrett-Lennard, Cr Paine

Against the motion: Cr Henley

 

Reasons:       To allow for clarification or additional information to be sought on matters raised by Councillors at the agenda briefing session (namely venue management, parking and traffic safety at Cape Naturaliste Road crossovers) and to provide a reasonable opportunity to hear from members of our community.  

 

EXECUTIVE SUMMARY

The City has received a development application for Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation) at Lot 1 (No.61) and Lot 2 (No.59) Dunn Bay Road, Dunsborough.

 

The application was advertised for public comment for a period of 28 days. During the consultation period, the main concerns raised related to traffic impacts, parking, noise, odour and environmental impact.

 

Due to the nature of the issues requiring consideration and the level of community interest, the application is being presented to Council for determination, rather than being determined by City officers acting under delegated authority.

 

Having considered the application, including submissions received in relation to the application, City officers consider that the application is consistent with the City of Busselton Local Planning Scheme No. 21 and the broader, relevant planning framework.

 

It is therefore recommended that the application be approved, subject to appropriate conditions.

 

BACKGROUND

The Council is asked to consider an application for a Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation) at Lot 1 (No.61) and Lot 2 (No.59) Dunn Bay Road, Dunsborough.

 

Key information regarding the application is set out below:

 

1.         Landowner: Eldorado Pty Ltd

2.         Applicant: Element Advisory Pty Ltd

3.         Site area: 8632m2