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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 26 May 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. 2

2....... Attendance. 2

3....... Prayer. 3

4....... Application for Leave of Absence. 3

5....... Disclosure Of Interests. 3

6....... Announcements Without Discussion.. 3

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

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

Previous Council Meetings. 6

8.1          Minutes of the Council Meeting held 12 May 2021. 6

Committee Meetings. 6

8.2          Minutes of the Finance Committee Meeting held 12 May 2021. 6

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

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

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

12.1        Finance Committee - 12/5/2021 - LIST OF PAYMENTS MADE - MARCH 2021. 8

12.2        Finance Committee - 12/5/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 MARCH 2021. 21

17.1        COUNCILLORS' INFORMATION BULLETIN.. 63

ITEMS TO BE DEALT WITH  BY SEPARATE RESOLUTION (WITHOUT DEBATE). 68

12.3        Finance Committee - 12/5/2021 - APPLICATION FOR RATE EXEMPTION - WARATAH SUPPORT CENTRE (SOUTH WEST) INC. 68

12.4        Finance Committee - 12/5/2021 - BUDGET AMENDMENT REQUEST - LEGAL SERVICES. 77

15.1        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 81

18..... Motions of which Previous Notice has been Given.. 91

19..... urgent business. 92

19.1        RFT 01-21 MITCHELL PARK CIVIL AND LANDSCAPING WORKS. 92

20..... Confidential Reports. 100

21..... Closure. 100

 


Council                                                                                      3                                                                         26 May 2021

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 26 May 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 5.32pm.

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:

 

0

 

 

Public:

 

3

 

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 impartiality interests had been received from:

 

·         Cr Sue Riccelli in relation to Item No. 12.3 ‘Finance Committee – 25/05/2021 – Application for Rate Exemption – Waratah Support Centre (South West) Inc.’

 

·         Cr Ross Paine in relation to Agenda Item 15.1 ‘Marketing and Reference Group Outcomes’.

 

The Mayor noted that a declaration of financial interest had been received from:

 

·         Cr Lyndon Miles in relation to Agenda Item 15.1 ‘Marketing and Reference Group Outcomes’.

 

The Mayor advised that, in accordance with regulation 22(2)(a) of the Local Government (Model Code of Conduct) Regulations 2021, these declarations would be read out immediately before the items were discussed.

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

Nil


 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

 

The following questions were taken on notice by the Council at the 12 May 2021 Ordinary Council meeting:

 

7.1             Mr Keith Sims

               

Question

At the Council meeting in June 2020, when Councillor Riccelli put forward her motion to go back to $21 million for BPACC, two Councillors said, if we went backwards or took elements out of the project, it would become a white elephant and not be supported by those Councillors. If we do not have the funding, and now that the creative industries hub has been taken out, would the project become a white elephant and not be supported by those Councillors?

 

Response

The resolution of Council on 24 June 2020 clearly stated that the creative industries hub would only be included should additional funding be secured. This was in reference to the business case prepared and submitted to the State Government. 

 

7.2             Mr Keith Sims

 

Question

Why has the critical assumption which required $9.5 million State Government funding been removed from the new business case for January 2021 and the financial burden put onto the ratepayers?

 

Response

The State Government funding contribution of $9.5m was referred to in the business case that was submitted to the State Government that was tied to the inclusion of a creative industries hub. As with any business case, when circumstances change, such as State funding, it is updated. The current business case clearly states that the City had approached the State Government for funding which was earmarked for the creative industries hub. As State Government funding has not been secured, the creative industries hub has been removed and subsequently the business case was updated to exclude it. As Council is yet to award a tender, it is uncertain what amount will be contributed by the City of Busselton towards the project.

Question Time for Public

 

7.3             Mr Keith Sims

 

Question

Who are the companies tendering for the Busselton Performing Arts and Convention Centre project (BPACC)?

 

Response

(Mr Mike Archer, Chief Executive Officer)

At the close of tenders, we had three submissions – one from Broad Construction, one from Perkins Group and one from Pindan, who have subsequently gone into liquidation and they have withdrawn.

 

Question

Approximately how far over the budget of $28.5 million are the tenders?

 

Response

(Mr Archer)

We are not at liberty to discuss that. We are still in a confidential evaluation process.

 

Question

If Council is considering borrowing further funds over the $17 million that has already been voted on, will the ratepayers be formally asked prior to that decision being made?

 

Response

(Mr Archer)

That will be what Council will consider as part of a report on the 23rd of June, if that is the case.

 

Question

In the January 2021 business case, it says if funding is not obtained, elements will be removed from the building. Is that still a possibility?

 

Response

(Mr Archer)

Everything is on the table at the moment. As I said to you in my email to you on 20 April, when you asked similar types of questions, there are a range of options to consider if the pricing came over. We can reduce the scope, park the project up until sometime in the future, we could borrow more money or allocate additional funding from reserves or municipal fund areas, or as we are endeavouring to do, seek additional grant funding.

 

Question

When will there be a decision regarding the City’s application for $1.5 million from the Building Better Regions Fund?

 

Response

(Mr Archer)

We have not received notification as to whether it is available or not. They have not determined that grant – they might have by the 23rd of June, we do not know.

 

Question

If they have not determined it by the 23rd of June, will you proceed with the project and hope to get that money later?

 

Response

(Mr Archer)

Potentially, yes. The reality is that funding may or may not happen. We are looking to get additional funding.

 

Response

(Mayor)

I do not believe Council will be proceeding presuming that we may get funding. We would only take into account funding that had already been successfully obtained.

 


 

Question

What steps will the City take to ensure there is not another situation like Pindan, to award the tender [for the BPACC]?

 

Question

(Mayor)

The City is doing due diligence on all of their contractual undertakings at the moment. We are well aware of the situations within the building industry, but we will be undertaking due diligence before we award a tender.

 

Question

On page 71 of the Agenda, item 12.4 – “external legal advice about Busselton Performing Arts and Convention Centre - competition law, construction contract and other items”, cost of $20,000. “External specialist advice sought in response to potential competition law concerns raised. Advice on construction contract terms.” What was the legal advice?

 

Response

(Mayor)

The advice itself is privileged, but the information that was sought was in regard to development of a contract for the construction of the BPACC. As you are aware, with the current circumstances, we want to make sure we have the best possible contracts. We have a good history of good contracts that have avoided costly overruns to the ratepayers. There was an amount paid to make sure we had the best possible external specialist advice. There was a reference to an enquiry about competition law from your organisation [Bay2Bay Action Group], that we made sure we were comfortable in our position in regard to that.

 

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

8.1             Minutes of the Council Meeting held 12 May 2021

Council Decision

C2105/099              Moved Councillor J Barrett-Lennard, seconded Councillor P Carter

That the Minutes of the Council Meeting held 12 May 2021 be confirmed as a true and correct record.

CARRIED 9/0

 

Committee Meetings

8.2             Minutes of the Finance Committee Meeting held 12 May 2021

Council Decision

C2105/100              Moved Councillor P Cronin, seconded Councillor J Barrett-Lennard

That the Minutes of the Finance Committee Meeting held 12 May 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

C2105/101              Moved Councillor K Hick, seconded Councillor S Riccelli

 

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

               

12.1        Finance Committee - 12/5/2021 - LIST OF PAYMENTS MADE - MARCH 2021

 

12.2        Finance Committee - 12/5/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 MARCH 2021

 

17.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 9/0

En Bloc

 


Council                                                                                      8                                                                         26 May 2021

12.1           Finance Committee - 12/5/2021 - LIST OF PAYMENTS MADE - MARCH 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 - March 2021

 

This item was considered by the Finance Committee at its meeting on 12/5/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2105/102              Moved Councillor K Hick, seconded Councillor S Riccelli

That the Council notes payment of voucher numbers M118689 – M118737, EF077862 – EF078629, T7548 – T7550, DD004413 – DD004446, together totalling $8,843,082.68.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

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

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

20

26 May 2021

12.1

Attachment a

List of Payments - March 2021

 












Council                                                                                      42                                                                      26 May 2021

12.2           Finance Committee - 12/5/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 MARCH 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 - March 2021

Attachment b    Investment Report - March 2021

 

This item was considered by the Finance Committee at its meeting on 12/5/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2105/103              Moved Councillor K Hick, seconded Councillor S Riccelli

That the Council receives the statutory financial activity statement reports for the period ending 31 March 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 31 March 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 31 March 2021

The Statement of Financial Activity (FAS) for the year to date (YTD) as at 31 March 2021 shows an overall Net Current Position of $13.3M as opposed to the amended budget of $1.3M. This represents a positive variance of $12M YTD.  This variance increased by $4.3M from $7.7M at the end of February.  

 

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

 

2.92%

2,064,268

1,170,630

1.    Operating Grants, Subsidies and Contributions

4,324,325

3,188,070

4,782,445

35.64%

1,136,255

830,730

2.    Other Revenue

412,105

303,379

424,730

35.84%

108,726

(22,197)

 

 

 

 

 

 

 

Expenses from Ordinary Activities

 

6.95%

4,146,411

135,068

3.    Materials & Contracts

(10,152,445)

(13,224,908)

(18,067,582)

23.23%

3,072,463

69,046

4.    Other Expenditure

(1,755,413)

(2,969,736)

(5,236,779)

40.89%

1,214,323

105,797

 

 

 

 

 

 

 

5.    Non-Operating Grants, Subsidies and Contributions

5,017,021

9,417,856

34,437,199

(46.73%)

(4,400,835)

(20,476)

 

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

16.23%

5,946,024

1,662,481

6.    Land & Buildings

(3,037,740)

(5,648,417)

(17,454,059)

46.22%

2,610,677

1,833,118

Plant & Equipment

(878,385)

(2,401,258)

(2,510,340)

63.42%

1,522,873

46,954

Furniture & Equipment

(257,637)

(451,088)

(461,088)

42.89%

193,451

(28,217)

Infrastructure

(12,535,858)

(25,115,765)

(40,057,700)

50.09%

12,579,907

1,419,456

7.    Proceeds from Sale of Assets

285,040

581,500

581,500

(50.98%)

(296,460)

66,646

8.    Proceeds from New Loans

0

7,700,000

7,700,000

(100.00%)

(7,700,000)

0

9.    Repayment of Capital Lease

(459,675)

(391,424)

(521,900)

(17.44%)

(68,251)

(123,029)

10.  Advances to Community Groups

0

(200,000)

(200,000)

100.00%

200,000

0

11.  Transfer to Restricted Assets

(5,155,488)

(41,256)

(62,750)

(12396.34%)

(5,114,232)

(1,948,610)

12.  Transfer from Restricted Assets

2,295,526

200,000

2,807,074

1047.76%

2,095,526

625,305


Revenue from Ordinary Activities

In total, revenue from Ordinary Activities is $2.1M, or 2.92%, ahead of budget YTD.  The only material variance items contributing to this are:

 

1.     Operating Grants, Subsidies and Contributions

Ahead of YTD budget by $1.1M, or 35.64%, 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

$

Finance and Corporate Services

1,369,797

1,331,745

38,052

2.78%

10,962

10510

Governance Support Services – State Government Operating Grants

 -

15,300

(15,300)

(100.00%)

(1,700)

Each year the City takes on a disability trainee.  At the time of setting the budget, it is not known where this person may be placed, so the reimbursement from the state government is budgeted in this area. The trainee was actually placed at the GLC, with all associated actual wage costs and reimbursements allocated to this area.

10152

Other General Purpose Funding – Financial Assistance Grants

1,068,089

1,046,161

21,928

2.05%

 -

Actual grants received are slightly higher than originally budgeted.  The Grants Commission always advises the exact amounts to be received well after budget adoption.

10200

Financial Services – Reimbursements – Insurance

130,721

104,365

26,356

20.16%

7,915

The second instalment of the LGIS Contributions Assistance Package was due to be received in November, but instead a credit note received from LGIS was offset against scheme policies that were due for payment in early December, at their instruction.

10522

Occupational Health & Safety – Reimbursement – Wellness Program

5,280

18,747

(13,467)

(255.06%)

(2,083)

Due to COVID restrictions in the first half of the financial year a number of programs were either not able to proceed or were undersubscribed. With the relaxing of restrictions and returning confidence, staff participation in the various Wellness activities has increased, however it is unlikely that the full budget will be achieved by year end. 

Community and Commercial Services

237,491

222,689

14,802

6.23%

8,687

10530

Community Services Administration – State Government Operating Grants

50,000

40,503

9,497

18.99%

(4,167)

The Rio Tinto COVID Relief & Recovery Grant was invoiced in total in August, however the budget was spread evenly over 12 months.

10540

Recreation Administration – State Government Operating Grants

1,736

15,003

(13,267)

(764.05%)

(1,667)

There have been delays in receiving grant deeds from the relevant State Government department. The applications that have been approved are expected to derive approximately $30K by the end of May 2021, which is in excess of the total amount budgeted for the year of $20K.


 

10530

Community Services Administration – Parenting Leave Reimbursements

14,655

 -

14,655

100.00%

13,570

Parenting leave reimbursement was not planned at the time of the development of the 20/21 budget.

10630

Economic and Business Development Administration – Parenting Leave Reimbursements

9,059

 -

9,059

100.00%

 -

Parenting leave reimbursement was not planned at the time of the development of the 20/21 budget.

Planning and Development Services

842,146

928,192

(86,046)

(10.22%)

(46,894)

10820

Strategic Planning – State Government Grants

 -

37,500

(37,500)

(100.00%)

 -

The variation from Strategic Planning budget (Grant $37,500) is due to the total grant ($75,000) being acquitted in two instalments: a 50% payment was received some time ago on achievement of certain project milestones to that stage in the preparation of the ‘Coastal Adaptation Strategy’ or CHRMAP, ‘Coastal Hazard Risk Management and Adaptation Plan’. The final 50% is due to be paid to the City upon Government endorsement of the final CHRMAP. Preparation of this complicated and comprehensive document has been set back several times over the past 2 years due to project requirements concerning financial modelling and Government Working Group reviews et al. As such, the City has received approval to extend the anticipated completion date for the project (this has occurred several times) until September 2021 (and it may require even longer). At the moment, it is expected to report on the draft CHRMAP to OCM 24 February, then, if approved, put out for public information/comment for 2-3 months. Then will need to be finalised etc. The $37,500 final grant payment will therefore not be paid until FY 21/22.

10830

Environmental Management Administration – State Government Grants

18,780

 -

18,780

100.00%

 -

Grant received in two lots in September and December, however it was budgeted to be received in June.

10925

Preventative Services – CLAG – State Government Grants

32,038

44,370

(12,332)

(38.49%)

 -

The Department of Health contribution to the mosquito program was less than expected.

10940

Fire Prevention DFES – Contributions

21,203

59,916

(38,713)

(182.58%)

 -

The $21K received relates to the last quarter of the 19/20 year. The half yearly reconciliation (for quarters 1 & 2 of the 20/21 year), of the CESM role with DFES remains outstanding and is in progress. 

Engineering and Works Services

1,873,891

705,444

1,168,447

62.35%

823,770

11160

Busselton Jetty – Insurance Recovered

13,770

 -

13,770

100.00%

 -

Payout on a claim for storm damage to Railway House.

11162

Busselton Jetty - Underwater Observatory – Reimbursement of Utilities Charges

10,472

 -

10,472

100.00%

3,600

The City recoups both electricity and sewer service charges from Busselton Jetty Inc. Due to an administrative oversight this item has not been budgeted, however there is a nil impact on the municipal net current position due to this income being put into the Jetty reserve.  This offsets the costs which are also put into the reserve.


 

11300

Sanitation Waste Services  Administration – Parenting Leave Reimbursements

10,856

 -

10,856

100.00%

10,856

Parenting leave reimbursement was not planned at the time of the development of the 20/21 budget.

11301

Regional Waste Management Administration – Reimbursements

47,958

16,497

31,461

65.60%

(1,833)

The contributions to the 2020/21 Southwest Regional Waste Group Project were received from 10 participating local governments in November, totalling $48K. Only $22K was budgeted for the year, and this was spread over 12 months.

11501

Operations Services Works – Insurance Reimbursements

200,613

45,900

154,713

77.12%

24,679

Workers compensation claims totalling $201K have been received YTD. This is by nature very difficult to predict. $61K was budgeted for the year, spread evenly over 12 months.

B1401 & B9610

Old Butter Factory – Insurance Reimbursements

149,415

 -

149,415

100.00%

 -

Conservation and fire damage works now completed.  Insurance claim has now been approved and paid.  Not budgeted as additional works were required for structural and fire compliance that had not been scoped at commencement of the works.  Not unusual for conservation projects of this nature.  Net impact after insurance claims is estimated at approximately ($30K).

M9999

Road Maintenance Bal Of Budget – Insurance Reimbursements

778,013

 -

778,013

100.00%

778,013

Storm damage claims from the storm events in May 2020.

 

2.      Other Revenue

Ahead of YTD budget by $109K, or 35.84%, 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

42,022

4,815

37,207

772.73%

10,204

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

9,346

 -

9,346

100.00%

110

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.

10630

Economic and Business Development Administration – LSL Contributions from other LG’s

9,738

 -

9,738

100.00%

9,738

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.


 

Planning and Development Services

179,397

105,561

73,836

69.95%

(3,409)

10925

Preventative Services –

CLAG – Sundry Income

77,316

3,060

74,256

2426.68%

(321)

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

28,146

45,000

(16,854)

(37.45%)

(3,416)

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

161,968

165,900

(3,932)

(2.37%)

(28,165)

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

18,747

(16,278)

(86.83%)

(2,083)

EWS (Dunsborough depot crew and admin staff) check the meter on a quarterly basis and then inform Finance what needs to be invoiced to Dunsborough & Districts Water Cartage.  Due to administrative staff being on long service leave over January and February, this process was overlooked. Billing should largely catch up to budget for YTD April figures.

G0030

Busselton Transfer Station – Sale of Scrap Materials

51,507

59,955

(8,448)

(14.09%)

(29,990)

There was an initial spike in sales compared to the timing of the budget, and better than predicted prices received for scrap metal. However, as predicted, this has slowed somewhat as the financial year has progressed.

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $4.1M, or 6.95%, less than expected when compared to the budget YTD as at March. The following individual expense line items on the face of the financial statement have YTD variances that meet the material reporting thresholds:

 

3.      Materials and Contracts

Better than budget by $3.1M, or 23.23%. 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

1,600,471

1,773,220

172,749

9.7%

108,177

10151

Rates Administration

175,435

250,553

75,118

30.0%

26,272

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

37,124

61,303

24,179

39.4%

5,593

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

987,126

998,177

11,051

1.1%

76,478

·        Software licences – Although no licence costs were incurred in March, creating a large positive swing in the variance, the City’s licences still 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

18,428

35,524

17,096

48.1%

1,712

·        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

89,321

46,035

(43,286)

(94.0%)

4,558

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

30,560

47,017

16,457

35.0%

(6,326)

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

66,780

106,209

39,429

37.1%

(5,456)

Lower than expected maintenance costs to the end of the reporting period. Less reactive maintenance for FY to date.

Community and Commercial Services

980,408

1,698,103

717,696

42.3%

(31,854)

10380

Busselton Library

44,126

90,261

46,135

51.1%

5,460

1.         Non-capital 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. Purchase Order has been raised which will fully expend $17,574 remaining in this line.

2.         Contractors (inc. Contract staff) - $8,000 underspend to offset $8,000 grant income not received (Be Connected Grant).

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


 

10381

Dunsborough Library

16,882

26,972

10,090

37.4%

0

·        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

9,140

37,592

28,452

75.7%

3,233

The City’s application to the State Government for the 2021 & 2022 Every Club grants was successful. Grant deeds have been received and executed. It is envisaged that $15K of the $30K that has been invoiced will need to be rolled into next FY to fund the new Community and Recreation service trainee and the remaining $15K will be expended on delivering the program through workshops.

10541

Recreation Planning

1,850

116,416

114,566

98.4%

26,264

Timing of expenditure was awaiting the outcomes of external grant applications. As of 28 February, grant deeds have now been finalised; the scope has been agreed with the preferred consultant. It is expected that a total of $70k will be finalised prior to EOFY.

10590

Naturaliste Community Centre

37,859

75,480

37,621

49.8%

3,209

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.

10591

Geographe Leisure Centre

223,310

282,518

59,208

21.0%

(11,277)

This is the same as the factors listed above for the NCC. Expenditure will increase over the next couple of months as works that have been on hold due to material shortage and contractor unavailability to commence.

10600

Busselton Jetty Tourist Park

350,732

435,762

85,030

19.5%

(33,324)

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

18,100

70,118

52,018

74.2%

(1,858)

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%

 -

Payment to Surf Lifesaving WA delayed.  As at 31 March, awaiting signed Deed of Service.

Expected expenditure is now due in Q4.


 

11151

Airport Operations

152,284

250,112

97,828

39.1%

(37,368)

The budget variance YTD includes the key allocations of:

1.         security screening of $45K not spent;

2.         contractors - $40K for tree clearing not completed/expended;

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

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

b)        runway line marking and turn pad design of approximately $4K;

c)         apron lighting repairs of approximately $3K; and

4.         general grounds maintenance and improvements of approximately $12K.

B1361

YCAB (Youth Precinct Foreshore)

24,415

42,651

18,236

42.8%

2,646

Operating grants forecast were not available as planned and therefore associated expenditure has not occurred. Alternative funding was sourced to run a program in Dunsborough which commenced in February and March.  Full invoicing for these activities has not as yet been received, and is also not expected to come in as high as what was originally forecast based on the grant funding.

Planning and Development Services

814,054

1,578,218

764,164

48.4%

162,688

10810

Statutory Planning

15,469

25,533

10,064

39.4%

37

Not possible to predict when consultancy services will be required in advance.  In this case, funds have been committed (heritage and traffic advice) but invoices not received.   

10820

Strategic Planning

153,648

181,818

28,170

15.5%

(3,753)

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

246,225

450,415

204,190

45.3%

90,445

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

30,425

29,586

97.2%

4,310

There is an error in the timing of the YTD budget. The full year for contractors is only $5K, however YTD shows $20K, as a budget credit of $15K was processed in June.  The YTD variance for this whole area is actually $14,586. The reasons for this $14K underspend include the contractor allocation of $5K to implement audit outcomes being done in house, plus very minimal pre-summer assessments of sound level meters, revealing little to no faults requiring repair, due to 2020 COVID event cancellations.

10922

Preventative Services – Mosquitoes

18,774

35,090

16,316

46.5%

3,173

Spring and Autumn burning mitigation programs now complete with all expenses currently being reconciled. Mechanical mitigation program of approximately $80,000 commence on Monday 3rd May with invoicing for works completed expected to be received in the month of May. All funds expected to be spent by end of FY.

10925

Preventative Services – CLAG

119,098

57,747

(61,351)

(106.2%)

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

39,299

407,916

368,617

90.4%

43,041

Spring and Autumn burning mitigation programs now complete with all expenses currently being reconciled. Mechanical mitigation program of approximately $80,000 commence on Monday 3rd May with invoicing for works completed expected to be received in the month of May. All funds expected to be spent by end of FY.

10942

Bushfire Risk Management Planning – DFES

155

10,422

10,267

98.5%

1,158

To be fully reconciled prior to the EOFY.

11170

Meelup Regional Park

56,763

148,523

91,760

61.8%

27,997

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 April 2021, due to initial request for services not attracting a suitable service provider.

B1010-B1028

Bushfire Brigades – Various

89,151

114,426

25,275

22.1%

(9,447)

Emergency operations dependant. YTD actuals vs budget will vary according to emergency operational requirements, and are inherently difficult to predict.

Engineering and Works Services

6,754,783

8,169,721

1,414,939

17.3%

(169,286)

12600

Street & Drain Cleaning

182,514

328,302

145,788

44.4%

33,091

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

139,487

283,500

144,013

50.8%

(9,102)

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

19,710

135,909

116,199

85.5%

13,905

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

1,015,363

1,065,807

50,444

4.7%

(17,413)

The year to date underspend variance associated with Building Maintenance decreased by $17K in March from February. 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

902,648

1,305,818

403,170

30.9%

(52,428)

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 $403K expenditure variances for YTD March 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

1,490,135

2,001,156

511,021

25.5%

(34)

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 March service costs will be processed into April.

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

Various

Roads Maintenance

821,734

292,546

(529,188)

(180.9%)

(71,222)

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

1,078,373

1,376,410

298,038

21.7%

(33,311)

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.  Actual costs incurred in March totalled $212K against a monthly budget of $165K reducing the YTD variance by net $47k. 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 $292K of committed costs representing planned expenditure to occur in future periods – this will significantly reduce the underspend variance once invoices from suppliers are receipted.

5280

Transport - Fleet Management

1,088,997

1,355,901

266,904

19.7%

(35,122)

Fuel and Oil was underspent by $168k YTD accounting for 68% of the Fleet YTD variance. The March invoice estimated to be in the order $85k will be processed into April and will cancel out 50% of the favourable Fuel and Oil variance; this said, an end of year surplus is anticipated but will be less than was anticipated in the mid-year budget review as the fuel price has been on the rise. Fuel consumption across the City is now at its highest level as many large Civil works projects are now underway. Tyre purchases are overspent by $4k YTD however replacement parts/tooling/contractor costs are underspent YTD.  The budget for these items is spread evenly across the year, however spending is generally more cyclical in nature peaking in the busier spring/summer/autumn months of the year.

 


 

4.    Other Expenditure

$1.2M, or 40.9%, 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

47,490

84,723

37,233

43.9%

9,870

10001

Office of the CEO

46,677

84,723

38,046

44.9%

10,426

The underspend is actually $28K and relates to donations contributions and subsidies budget ($10K), CapeROC budget ($13K) and the CEO Discretionary Budget ($5K).  An end of month system roll-over issue created a $10K underspend error that was rectified in April.

Finance and Corporate Services

573,991

683,533

109,542

16.0%

(1,347)

10000

Members of Council

350,559

410,838

60,279

14.7%

953

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

57,952

86,668

28,716

33.1%

(2,247)

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

862,055

1,878,766

1,016,711

54.1%

116,709

10530

Events & Cultural Services Administration

(formerly Community Services Administration)

427,984

577,557

149,573

25.9%

40,794

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

10532

BPACC Operations

11,668

40,000

28,332

70.8%

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.

10548

Half Iron Man

 -

55,000

55,000

100.0%

55,000

The event was originally budgeted for March, however it will be held in early May at which time the sponsorship and promotional budget will be spent.

10550

Forrest Rally

 -

12,500

12,500

100.0%

 -

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.


 

10591

Geographe Leisure Centre

21,898

31,621

9,723

30.7%

(530)

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 March, there was $4K committed, pending invoices, with the remaining budget to be utilised towards the EOFY.

10625

Art Geo Administration

7,608

20,448

12,840

62.8%

(2,543)

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

10630

Economic and Business Development Administration

3,440

22,738

19,298

84.9%

703

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

80,172

19,150

23.9%

8,908

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 variance at year end.

11151

Airport Operations

76

420,637

420,561

100.0%

6,552

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

Planning and Development Services

137,670

140,580

2,910

2.1%

9,830

10805

Planning Administration

29,148

45,000

15,852

35.2%

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

13,185

11,635

88.2%

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

134,207

182,134

47,927

26.3%

(29,265)

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 was expected late March, after which the invoice should be forthcoming. 

G0042

BTS External Restoration Works

51,153

37,503

(13,650)

(36.4%)

(29,290)

There was an unforeseen cost increase in groundwater monitoring due to a laboratory error by our third party contractor. The round of testing conducted in November included the sampling of over 50 groundwater bores, many of which reported “anomalous results”. The contractor concluded that the lab had made errors in mis-labelling samples, which required re-sampling. Although the lab did not charge us for additional testing due to their error, the City incurred extra costs when it had to re-engage the contractor to re-test several dozen bores in January. The City’s legal department is investigating whether compensation from the contractor can be pursued.

 

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%)

-

R0288

Locke Estate –

Leaseholder Contributions

46,678

56,000

(9,322)

(16.6%)

-

Community and Commercial Services

 -

38,851

(38,851)

(100.0%)

-

C6025

Installation of Bird Netting – State Capital Grant

 -

38,851

(38,851)

(100.0%)

-

Planning and Development Services

10,592

 -

10,592

100.0%

 -

10980

Other Law, Order & Public Safety – Donated Assets

8,231

 -

8,231

100.0%

8,231

B1025

Yallingup Coastal Bushfire Brigade – Donated Assets

10,592

 -

10,592

100.0%

 -

C3223

Dunsborough Non-Potable Water Network –

Federal Capital Grant

483,655

 -

483,655

100.0%

483,655

Engineering and Works Services

4,467,864

9,323,005

(4,855,141)

(52.1%)

(512,362)

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%)

 -

B9999

Donated Buildings (Micro-Brewery Public Toilets)

110,000

 -

110,000

100.0%

110,000

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

 -

240,003

(240,003)

(100.0%)

(26,667)

S0005

Ludlow Hithergreen Road - Second Coat Seal –

Main Roads Capital Grant

180,000

337,500

(157,500)

(46.7%)

(37,500)

S0048

Bussell Highway – Developer Cont. Utilised

200,000

375,003

(175,003)

(46.7%)

(41,667)

S0070

Peel & Queen Street Roundabout Service Relocation –

Developer Cont. Utilised

120,000

800,000

(680,000)

(85.0%)

(250,000)

S0073

Gale Road Rural Reconstruction –

Federal Capital Grant

515,811

1,029,366

(513,555)

(49.9%)

(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

688,143

765,951

(77,808)

(10.2%)

(33,260)

S0076

Kaloorup Road (Stage 1) – Main Roads Direct Grant

106,800

 -

106,800

100.0%

 -

T0020

Capel Tutunup Road –

RTR Capital Grant

 -

1,070,046

(1,070,046)

(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 31 March 2021, there is an underspend variance of 50.3%, or $16.9M, in total capital expenditure, with YTD actual at $16.7M against the YTD amended budget of $33.6M. 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

 -

75,000

75,000

100.0%

25,000

10610

Property Services Administration

 -

75,000

75,000

100.0%

25,000

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

3,037,740

5,573,417

2,535,677

45.5%

1,808,118

B9516

Busselton Library Upgrade

588,304

603,000

14,696

2.4%

(3,729)

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

B9300/1/2

Aged Housing Capital Improvements

51,489

156,400

104,911

67.1%

11,600

Budgeted works were proposed to separate power and drainage servicing Winderlup Court and Winderlup Villas.  Whilst the power requirements are not triggered until the new conditional land title lots are created, the intention was to progress with this anyway.  The procurement process has elicited one quotation only which, even if acceptable is unlikely to generate an invoice payable in the current financial year.  As such the budgeted funds will be carried over in reserve to be utilised once appropriate contractual arrangements can be made.

B9407

Busselton Senior Citizens

625,483

738,128

112,645

15.3%

 -

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.  The tender to perform these works has now been awarded and are expected to be completed by the end of the financial year.

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

1,344,284

3,276,087

1,931,803

59.0%

1,805,431

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

110,167

368,739

258,572

70.1%

(8,612)

Carried over works from the prior year. Works have now been completed with reconciliation of the final progress claims expected to be completed in May.  Payment should follow shortly thereafter and is expected to fully utilise this budget.


 

B9606

King Street Toilets

47,781

34,524

(13,257)

(38.4%)

3,836

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 $13K YTD variance is attributable to timing and will clear closer to 30 June.

B9607

General Buildings Asset Renewal Allocation (Various Buildings)

100,598

112,500

11,902

10.6%

(8,114)

This budget was assigned for various Capital works as identified as per the City’s Building Asset Management Plan. $20.6k was outlaid in the month of March reducing the YTD budget by a further $8k. There is a further $30k in committed costs representing either works completed but yet to be invoices or works that have been scheduled but are yet to be completed. All of this budget is anticipated to be utilised come June 30.  

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%)

 -

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

81

140,000

139,919

99.9%

(81)

A review of consultants work to date has been undertaken and Council has endorsed a grant application to the state government for this site. If the application is accepted (response expected in June), budgeted expenditure will be carried forward into the 21/522 budget year. If not, much of this budget will be spent by the end of 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

 -

32,103

32,103

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

878,385

2,401,258

1,522,873

63.4%

46,954

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.  Suitable specifications have now been developed and quotes are being sought, however the new equipment is not expected to be delivered until August 2021.  As such, these budgeted funds will remain in reserve and be relisted to be drawn in the 21/22 budget.

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

212,328

39,463

18.6%

23,592

The YTD variance relates to the baggage handling system, the under spend of $39K will be taken up by commitments of $42K for works which have now been completed but will not yet invoiced.

11162

Busselton Jetty - Underwater Observatory

17,523

 -

(17,523)

(100.0%)

-

In February, there was $17.5K in unplanned expenditure for an Uninterrupted Power Supply (UPS) for the Underwater Observatory (UWO) lift. This will be funded from the Jetty Reserve.

11401

Transport – Workshop

10,410

30,000

19,590

65.3%

 -

The delivery of hardware for upgrades to the repeater at the communications tower are to be delivered in April.  Installation of these will be dependent upon receiving Telstra approvals.

11402

Plant Purchases (P10)

321,201

1,420,000

1,098,799

77.4%

 -

Underspend variances to budget YTD are due to:

1.         The new generators at DWF pond and cell that are expected to be ordered in April, with delivery in May;

2.         The waste manager’s new replacement vehicle yet to be ordered/delivered;

3.         A waste truck side loader that has been ordered, but delivery/payment is not expected until July (this underspend saving will be a carry-forward purchase from the Plant Reserve in the 21/22 budget);

4.         Delays in receiving the invoice for the new wheel loader;

5.         The waste compactor semi-trailer purchase has been deferred indefinitely pending development of the new waste plan.

11403

Plant Purchases (P11)

46,995

197,500

150,505

76.2%

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

 -

74,997

74,997

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 now expected in April. 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’s on-going impacts overseas.

Furniture & Office Equipment

257,637

451,088

193,451

42.9%

(28,217)

10250

Information & Communication Technology Services

211,802

407,088

195,286

48.0%

(20,142)

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

12,535,858

25,115,765

12,579,907

50.1%

1,419,456

Various

Roads

7,537,368

12,254,997

4,717,629

38.5%

331,865

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 (expected completion April), 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 underspend 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

 -

1,082,997

1,082,997

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

954,545

1,425,927

471,382

33.1%

155,160

Car Park projects are generally progressing well although there is a $471K 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 (expected completion April).

Various

Footpaths & Cycleways

240,827

1,109,365

868,538

78.3%

74,121

The YTD variance associated with Footpath & Cycleway projects grew by a further $74k to the end of March. This is primarily attributable to the Buayanyup Drain Shared Path project that is yet to commence which represents 55%, or $475K, of the YTD variance. An extension to the 50% Regional Bike Network grant associated with this project has been secured if the project is to span into the 2022 financial year. There have been added complexities associated with this project. The Bussell Highway Footpath Sections and the Dunsborough Centennial Park Projects contribute a further $217k combined towards the YTD variance respectively where the budget for the aforementioned projects has been earmarked and reassigned to cover additional Queen Street Paving works that are categorised separately under Townscape projects.

Various

Parks, Gardens & Reserves

3,600,339

8,441,045

4,840,706

57.3%

754,094

64%, or $3.109M, of the YTD variance in this category is attributable to only the four projects listed below:

1.         Dunsborough Lakes Sporting Precinct (Stage 1); Civil works to begin soon but much of the budget to be carried over and added to Stage 2.

2.         Craig Street Groyne and Sea Wall; works currently under way with progress claims anticipated in April.

3.         Site Rehabilitation – Busselton; works postponed in lieu of the site settling, survey and levelling.

4.         Mitchell Park Upgrade; works always planned to commence after Easter holiday period.

Further to the above, in excess of $1M of the YTD variance is attributable to the numerous Public Open Space upgrade projects using Cash in Lieu of Public Open Space contributions spread throughout the City; these works have gone out to market for formal pricing but will not be done until the new year and thus will represent carry overs.      

Various

Drainage

8,220

75,569

67,349

89.1%

(1,045)

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

194,559

725,865

531,306

73.2%

(15,071)

Bird netting has now been completed and invoices approved for payment and the car park works have been completed but not paid at the time of this report.  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 $296K 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 at this point in time.

 

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 $5.1M more than amended budget.

 

At the time of budgeting it is not possible to predict what grants will be received in what timeframe, nor when they will be spent and hence potentially transferred to restricted assets beforehand.  The following grants, totaling $2.3M, have been received and transferred to restricted assets for which there is no budgeted transfer and full acquittal completed:

1.         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 and another $200K received in March. Budget projected allocation was in June as was the anticipated expenditure, hence no necessity to budget for a transfer to restricted assets;

2.         $841K of the $1.6M grant for the Dunsborough Lakes Sporting Fields Development was received in March;

3.         $855K 3rd instalment of the annual Roads to Recovery Grant allocation that has not been fully acquitted by YTD March.

Developer contributions, deposits and bonds are inherently hard to predict and budget for. An annual amount of $63K spread evenly over 12 months was budgeted, however over $2.8M has been received  YTD, the bulk of which are for road works bonds ($2.3M).

 

12.  Transfer from Restricted Assets

YTD there has been $2.3M transferred from restricted assets into the Municipal Account. This was mainly attributable to refunds of road work bonds of $1.4M, refund of hall deposits of $26K, Busselton Jetty Tourist Park deposit refunds of $344K, $484K spent from the first $500K tranche of the Dunsborough Non-Potable Water Network grant, and other sundry refunds of $46K.

 

The variance to YTD budget for these items is due to majority of the transfers being forecast to occur in June.

Investment Report

As at 31 March 2021, the value of the City’s invested funds totalled $82.29M up from $81.29M as at 28 February 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) increased by $1.0M to $7.0M.  

 

During the month of March, six term deposits totalling the amount of $20.0M matured. Existing deposits were renewed for a further 121 days at 0.36% on average.

 

The official cash rate remains steady for the month of March 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 March 2021 are provided below to ensure there is appropriate oversight and awareness.

 

Date

Payee

Description

$ Amount

4/03/2021

SHELTER BREWING CO - HOSPITALITY

SOD TURNING –

HILTON HOTEL DEVELOPMENT

247.50

6/03/2021

QANTAS AIRFARES PERTH - GERALDTON

ATTENDANCE AT TOURISM COUNCIL WA REGIONAL TOURISM CONFERENCE 3-5 MAY 2021 -GRANT HENLEY

414.44

16/03/2021

AUST INSTITUTE OF COMPANY DIRECTORS

*COMPANY DIRECTOR COURSE –

31 MAY 2021 - NAOMI SEARLE

7,823.00

17/03/2021

VIRGIN AIRFARES –

BROOME - PERTH

BME - PER - 21 JUNE 2021 –

MIKE ARCHER & KYM SULLIVAN

844.56

18/03/2021

VIRGIN AIRFARE

PERTH - BROOME

ATTENDANCE AT RCAWA MEETING

19 JUNE 2021 - GRANT HENLEY

422.28

19/03/2021

HERTZ CAR HIRE BROOME

CAR HIRE - 17-20 JUNE 2021 - 

RCAWA MEETING –

MIKE ARCHER & GRANT HENLEY

       499.28

 

 

TOTAL

$9,751.78

*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 31 March 2021, the City’s net current position stands at $13.3M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable. 

 


Council

60

26 May 2021

12.2

Attachment a

Financial Activity Statement - March 2021

 



















Council

62

26 May 2021

12.2

Attachment b

Investment Report - March 2021

 


Council                                                                                      65                                                                      26 May 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

Attachment a   Acknowledgement Letter : Hon Sue Ellery MLC

Attachment b    Letter of Thanks : ANZAC Day 2021  

 

Council Decision and Officer Recommendation

C2105/104              Moved Councillor K Hick, seconded Councillor S Riccelli

 

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

17.1.1       Current Active Tenders 

17.1.2       Donations, Contributions and Subsidies Fund – April 2021

17.1.3       Correspondence from Hon Sue Ellery MLC Minister for Education and Training; Leader of the Legislative Council

17.1.4       Correspondence from Busselton RSL – ANZAC Day 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 04/21 ROAD NETWORK UPGRADE – PEEL TERRACE CAUSEWAY ROAD INTERSECTION 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. 

·        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 a decision on the tender will be included in the 9 June 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.

·        The tender closed on 7 May 2021 and 3 submissions received. 

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

·        It is intended that a report to Council for a decision on the tender will be included in the 23 June 2021 Council meeting agenda.

 

RFT 07/21 STREET AND DRAIN CLEANING SERVICES

·        Requirement – street and drain cleaning services across the City of Busselton. 

·        Invitation for tenders was advertised on 12 May 2021, with a closing date of 1 June 2021.

·        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).

·        It is intended that a report to Council for a decision on the tender will be presented to Council in July 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 closed on 4 May 2021.

·        One tender submission was received from LD Total with 6 different turf options (and a range of prices). 

·        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 9 June 2021 Council meeting agenda.

 

RFT 10/21 UPGRADE OF NINE PUBLIC OPEN SPACE AREAS

·        Revised scoping and timing of this project is being considered by City officers.

 


 

RFT 11/21 DUNSBOROUGH NON-POTABLE WATER NETWORK

·        Requirement – installation of:

a pump station and associated electrical works at the Dunsborough 1 Sue Coal production bore located in the road reserve in Quindalup; and

a pipeline from the bore to the irrigation storage tanks at the Diamante Blvd pump station.

·        A request for tender was advertised on 5 May 2021 and closes on 27 May 2021.

·        The value of the contract is likely to 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 23 June 2021 Council meeting agenda.

17.1.2       Donations, Contributions and Subsidies Fund – April 2021

The Council allocates an annual budget allowance to the Donations, Contributions and Subsidies 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.

 

Two applications were approved in April 2021, totalling $616, as outlined in the table below:

 

Recipient

Purpose

Amount

GeoCatch

GeoCatch hosted a free community event 'Container Planting: It's all in the soil' in the Kent St Laneway on 17 April 2021. Funds requested to cover the unexpected cost of a traffic management plan required due to the laneway being closed for the event.

$316.00

Obie Herring

Obie qualified to represent WA as part of the U15 boys’ team at the National Jnr Table Tennis Championships in Caloundra, NSW from 3-11 July 2021. Funds to assist with travel related expenses.

$300.00

17.1.3       Correspondence from Hon Sue Ellery MLC Minister for Education and Training; Leader of the Legislative Council

Correspondence has been received from Hon. Sue Ellery MLC Minister for Education and Training; Leader of the Legislative Council, thanking the Mayor and CEO for their letter of congratulations on Minister Ellery’s reappointment as a Minster in the McGowan government. A copy of the letter is provided at Attachment A.

17.1.4       Correspondence from Busselton RSL – ANZAC Day 2021 

Correspondence has been received from Mr Glenn Woodward, President, Busselton RSL Sub-branch, thanking the City for its involvement in recent ANZAC Day activities. A copy of the letter is provided at Attachment B.

 


Council

66

26 May 2021

17.1

Attachment a

Acknowledgement Letter : Hon Sue Ellery MLC

 


Council

67

26 May 2021

17.1

Attachment b

Letter of Thanks : ANZAC Day 2021

 

 


Council                                                                                      71                                                                      26 May 2021

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

12.3           Finance Committee - 12/5/2021 - APPLICATION FOR RATE EXEMPTION - WARATAH SUPPORT CENTRE (SOUTH WEST) 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 Statutory Declaration

 

This item was considered by the Finance Committee at its meeting on 12/5/2021, the recommendations from which have been included in this report.

 

DISCLOSURE OF INTEREST

Date

26 May 2021

Meeting

Ordinary Council

Name/Position

Cr Sue Riccelli, Councillor

Item No./Subject

Item No. 12.3 ‘Finance Committee – 25/05/2021 – Application for Rate Exemption – Waratah Support Centre (South West) Inc.’

Type of Interest

Impartiality Interest

Nature of Interest

I occasionally liaise with the Waratah Support Centre South West as part of my role with Anglicare.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2105/105              Moved Councillor P Carter, seconded Councillor K Hick

That the Council:

1.         Grant rate exemption to Waratah Support Centre (South West) Inc. on 24 Kent Street, Busselton, effective 1 July 2020, under section 6.26(2)(g) of the Local Government Act 1995; and

2.         Agree that this rate exemption is to continue where Waratah Support Centre (South West) 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 9/0

BY ABSOLUTE MAJORITY

 


 

EXECUTIVE SUMMARY

An application has been received from Waratah Support Centre (South West) Inc. (WSC) for rate exemption on a leased property at 24 Kent Street, Busselton. This property was occupied by WSC in June 2014 and is used to deliver free specialised and therapeutic intervention, counselling and support services to people who have experienced sexual assault and/or abuse and/or family domestic violence. These services are provided free to the community without the need for any user to be a WSC member. This report recommends that exemption be granted effective from 1 July 2020 and not retrospectively due to the application only having been lodged this financial year. Granting of rate exemption would be in accordance with section 6.26(2)(g) of the Local Government Act 1995.

 

BACKGROUND

The property at 24 Kent Street Busselton was occupied by WSC in June 2014 so as to provide free specialised and therapeutic intervention, counselling and support services to people who have experienced sexual assault and/or abuse and/or family domestic violence. Funding to provide these services is almost totally derived from government grants with WSC being a not-for-profit benevolent institution with a deductible gift receipt status.

 

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 specialised and therapeutic intervention, counselling and support services provided by WSC are charitable in nature and as such the property at 24 Kent Street, Busselton would be 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 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 purpose remains in place.

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 1 July 2020 would see an estimated $3,667 reduction to Councils 2020/21 rating income.

 

This rating income reduction would be approximately $3,758 for future financial years where 24 Kent Street, Busselton continues to be leased by WSC and used for providing the free services as per their rate exemption application.

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 WSC 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 24 Kent Street, Busselton whilst leased by WSC and used by them to deliver free specialised and therapeutic intervention, counselling and support services to people who have experienced sexual assault and/or abuse and/or family domestic violence would be eligible for rate exemption under section 6.26(2)(g) of the Act.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If the rate exemption on 24 Kent Street, Busselton is granted then it would be effective from 1 July 2020 due to the application only having been lodged this financial year and will be implemented within 1 to 2 weeks of Council’s decision.  


Council

73

26 May 2021

12.3

Attachment a

Rate Exemption Application With Statutory Declaration

 






Council                                                                                      79                                                                      26 May 2021

12.4           Finance Committee - 12/5/2021 - BUDGET AMENDMENT REQUEST - LEGAL SERVICES

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Budget Planning and Reporting

BUSINESS UNIT

Legal and Property Services

REPORTING OFFICER

Manager Legal and Property Services - Ben Whitehill

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

Nil

 

This item was considered by the Finance Committee at its meeting on 12/5/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2105/106              Moved Councillor P Cronin, seconded Councillor K Hick

That the Council endorse:

1.         The requested budget amendments outlined in this report, transferring $80,000 from the Legal Expenses Reserve to the Municipal Account.

2.         The net budget amendment, as outlined within this report and in accordance with section 6.8(1) of the Local Government Act 1995, results in a nil impact on the 2020/21 annual operating budget and a nil impact on the budgeted net current position.

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

This report seeks Council approval of a budget amendment as detailed in this report. Adoption of the officer recommendation will result in a nil impact to the City’s budgeted operating result and nil impact on the net current position.

 

BACKGROUND

In accordance with section 6.8(1) of the Local Government Act 1995, a local government is not to incur expenditure from its Municipal fund for an additional purpose except where the expenditure:

·        is incurred in a financial year before the adoption of the annual budget by the local government; and

·        is authorised in advance by Council resolution - absolute majority required; or

·        is authorised in advance by the Mayor in an emergency.

 

Approval is therefore sought for the budget adjustments detailed in the attachment for the reasons specified.


 

OFFICER COMMENT

Council adopted its 2020/2021 Municipal Budget on Monday 27 July 2020 with a balanced budget position. Since then, officers have identified areas within the budget that require reconsideration or adjustment. It is good management practice to revise the adopted budget when it’s known that circumstances have changed. To ensure this is the case, budgets are reviewed on a monthly basis.

 

Amendments to the budget are categorised into the three key types as listed below:

 

1.         Adjustments impacting the budget balance or net position of the City; relatively uncommon type.

2.         Adjustments with no impact on the budget balance; most common amendment type.

3.         Adjustments to transfer budget between capital and operating undertakings; relatively uncommon type.

 

The adjustments that are required for this budget amendment are of the type 2 category above. The below commentary outlines the details of the required amendment.

 

Legal expenses this financial year have exceeded the budget allocation of $50,000. Current expenditure as at 3 May 2020 is $108,343 with further commitments of $26,690 though many of these may not be realised this financial year.

 

The significant legal expenses already incurred this financial year are summarised below:

 

Summary of expense

Approximate expense incurred

Comment

External legal advice and representation for extractive industry compliance actions

$30,000

The City has obtained a successful prosecution in one extractive industry prosecution with the other matter continuing.

External legal advice and representation defending an application for judicial review in the Supreme Court

$30,000

The Supreme Court matter found in the City’s favour and the City has a costs order which should see a not insignificant portion of the City’s costs returned either later this financial year or next financial year.

External legal advice about Busselton Performing Arts and Convention Centre (BPACC) – competition law, construction contract and other items

$20,000

External specialist advice sought in response to potential competition law concerns raised. Advice on construction contract terms.

External legal advice relating to potential contamination claims

$12,000

Ongoing specialist legal advice about potential contamination claims.

The payment of costs inclusive excesses for professional indemnity claims

$10,000

$5,000 costs inclusive excess for two potential professional indemnity claims defended by LGIS.

 


 

Some of these significant items are one off project related matters (BPACC advice) or atypical (Supreme Court judicial review matter). The City also notified LGIS of an unusually high number of potential professional indemnity claims, four this financial year, two of which the excesses have been invoiced and paid.

 

To cover a shortfall in the Legal Expenses budget officers recommended that $80,000 is transferred from the Legal Expenses Reserve. Any unspent funds will be returned the Legal Expenses Reserve.

 

Factors that will impact the level of expenditure over the final two months include whether the outstanding extractive compliance action progresses, whether further specialist legal advice is required for the BPACC construction contract and whether LGIS invoices the City for two excesses for outstanding potential professional indemnity claims.

Statutory Environment

Section 6.8 of the Local Government Act 1995 refers to expenditure from the Municipal fund that is not included in the annual budget. Any adjustments to a budget allocation must be made by an absolute majority decision of the Council. Additionally, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council.

Relevant Plans and Policies

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

Financial Implications

A summary of the financial implications of these recommendations is shown in the table below. The City has a Legal Expenses Reserve which is intended to cover legal expenses over and above the budgeted amount.

 

Reference Item #

Description

Net Increase in Revenue

Net Additional Expenditure

Net Impact on Operational Budget

Net Impact on Cash

Net Impact on Reserves

1

Increase to Legal Expenses

-

$80,000

-

($80,000)

-

2

Transfer from Legal Expenses Reserve

$80,000

-

-

-

($80,000)

Stakeholder Consultation

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

Risk Assessment

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

Options

The Council could decide not to go ahead with the proposed budget amendment request.

CONCLUSION

Council’s approval is sought to amend the budget as per the details contained in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If the officer recommendation is endorsed, the budget amendment will be processed within a month of being approved.


Council                                                                                      85                                                                      26 May 2021

15.1           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Marketing and Events Reference Group

BUSINESS UNIT

Community Services

REPORTING OFFICER

Manager, Community Services - Maxine Palmer

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

Absolute Majority

ATTACHMENTS

Nil

 

DISCLOSURE OF INTEREST

Date

26 May 2021

Meeting

Ordinary Council

Name/Position

Cr Ross Paine, Councillor

Item No./Subject

Item No. 15.1 ‘Marketing and Events Reference Group Outcomes’

Type of Interest

Impartiality Interest

Nature of Interest

I am a committee member of the Busselton Runners Club which organises the Busselton Half Marathon and Fun Run, one of the recommended recipients as part of the Events Sponsorship Program.

 

DISCLOSURE OF INTEREST

Date

26 May 2021

Meeting

Ordinary Council

Name/Position

Cr Lyndon Miles, Councillor

Item No./Subject

Item No. 15.1 ‘Marketing and Events Reference Group Outcomes’

Type of Interest

Financial Interest (Indirect)

Nature of Interest

I am a committee member of the committee which organises the Busselton Jetty Swim, one of the recommended recipients as part of the Events Sponsorship Program.

 

5:47pm:         At this time, Councillor Miles left the meeting.


 

Council Decision and Officer Recommendation

C2105/107              Moved Councillor P Carter, seconded Councillor K Cox

That the Council:

1.         As part of the 2021/22 Events Sponsorship Program, endorses funding allocations towards the following events, to be funded from the draft 2021/22, 2022/23 and 2023/24 events budgets:

Event

Funding Allocation

Dunsborough Songfest

2021/22 $5,000

2022/23 $5,000

2023/24 $5,000

World Surf League Cape Naturaliste Pro

2021/22 $15,000

2022/23 $15,000

2023/24 $15,000

Taj’s Small Fries

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

X-Adventure Dunsborough

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

Eagle Bay Epic

2021/22 $10,000

2022/23 $9,500

2023/24 $9,000

Fine Vines Festival

2021/22 $20,000

Building Bridges – Harmony Day

2021/22 $5,000

(plus up to $1,000 in-kind)

Down South MTB Festival

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Busselton Winter Jumping Festival

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Busselton Festival of Triathlon

2021/22 $60,000

2022/23 $60,000

2023/24 $60,000

(Plus up to $5,000 in-kind per year)

Yallingup Malibu Classic

2021/22 $4,000

2022/23 $4,000

2023/24 $4,000

Busselton Jetty Swim

2021/22 $40,000

(Plus up to $5,000 in-kind)

Busselton Half Marathon & Fun Run

2021/22 $9,000

2022/23 $6,000

2023/24 $6,000

 

 

Busselton Fringe Festival

2021/22 $20,000

2022/23 $20,000

2023/2024 $20,000

(Plus up to $2,000 in-kind per year)

Perth International Jazz Festival

2021/22 $20,000

Cape to Cape MTB

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

Five Bays Swim

2021/22 $9,000

Busselton LOC – Ironman WA Volunteers Program

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

MRBTA – Ironman WA FOC Rooms

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

Carols by the Jetty

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Festival of Busselton

2021/22 $25,000

2022/23 $25,000

2023/24 $25,000

Busselton Brass 150th Celebration

2021/22 $500

(Plus up to $2,000 in-kind

traffic management)

RAAF Centenary & BMRA Open Day

 2021/22 $20,000

Totals

2021/22 $341,500

(Plus up to $15,000 in-kind)

2022/23 $223,500

(Plus up to $7,000 in-kind)

2023/24 $223,000

(Plus up to $7,000 in-kind)

 

2.         As part of the 2021/22 Events Sponsorship Program endorses funding allocations towards the following events, to be funded from the draft 2021/22 marketing budget:

Event

Funding Allocation

2021 Town Team Conference

2021/22 $5,000

BCCI – Enhancing Community & Business Wellbeing Masterclasses

 2021/22 $8,625

Totals

2021/22 $13,625

 

3.         Endorses the allocation of up to $110,000 from the draft 2021/22 events budget for a Winter activation to be held in 2022.

 

4.         Endorses the allocation of up to $5,000 to be funded from the 2020/21 marketing budget towards the replacement of event promotional signage (banners).

 

5.         Endorses the transfer of the remaining balance of the 2020/21 marketing budget to the Airport Marketing Reserve.

6.         Endorses the allocation of up to $40,000 to be funded from the 2021/21 events budget for a full review of the City’s Event Strategy.

CARRIED 8/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

A meeting of the Marketing and Events Reference Group (MERG) was held on Tuesday 27 April 2021. This report presents the recommendations from this meeting.

 

BACKGROUND

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

 

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

 

The draft 2021/22 budget for marketing and events totals $1,196,700. The proposed breakdown of this budget is as follows:

·        $924,900 – Events

·        $231,800 – Marketing and economic development initiatives

·        $40,000 –   City led events

 

This budget excludes allocations for Leavers Week, administration, and events staffing.

 

A MERG meeting was held on Tuesday 27 April 2021, with the following key matters presented:

·        Update on events held since the last meeting on 23 November 2020 and upcoming major events.

·        Round one of the 2021/22 Event Sponsorship Program and associated funding applications for consideration.

OFFICER COMMENT

Supporting the development and attraction of new events throughout the year, the City’s Events Sponsorship Program promotes the City of Busselton as an attractive event tourism destination.  At the MERG meeting held 27 April 2021 a range of requests for marketing and events funding were considered as outlined below.

 

Requests for Funding – 2021/22 Events Budget

Twenty seven (27) applications were received requesting funding from round one of the 2021/22 Events Sponsorship Program, totalling $448,107. All applications were evaluated by officers and presented at the MERG meeting on 27 April 2021. The below table outlines the recommendations of MERG:


 

Applications for funding through the 2021/22 Events Budget:

 

Event

Requested

MERG Recommendation

Dunsborough Songfest

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

2021/22 $5,000

2022/23 $5,000

2023/24 $5,000

World Surf League Cape Naturaliste Pro

2021/22 $25,000

2022/23 $20,000

2023/24 $20,000

2021/22 $15,000

2022/23 $15,000

2023/24 $15,000

* Taj’s Small Fries

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

X-Adventure Dunsborough

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

Eagle Bay Epic

2021/22 $10,000

2022/23 $11,000

2023/24 $12,000

2021/22 $10,000

2022/23 $9,500

2023/24 $9,000

* Fine Vines Festival

2021/22 $20,000

2021/22 $20,000

* Building Bridges – Harmony Day

2021/22 $10,000

2021/22 Up to $5,000

(plus up to $1,000 in-kind)

Down South MTB Festival

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Busselton Winter Jumping Festival

2021/22 $6,257

2022/23 $5,465

2023/24 $5,465

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Busselton Festival of Triathlon

2021/22 $60,000

2022/23 $65,000

2023/24 $70,000

(Plus up to $5,000 in-kind per year)

2021/22 $60,000

2022/23 $60,000

2023/24 $60,000

(Plus up to $5,000 in-kind per year)

Yallingup Malibu Classic

2021/22 $5,000

2022/23 $5,000

2023/24 $5,000

2021/22 $4,000

2022/23 $4,000

2023/24 $4,000

Busselton Jetty Swim

2021/22 $40,000

(Plus up to $5,000 in-kind)

2021/22 $40,000

(Plus up to $5,000 in-kind)

* Busselton Half Marathon & Fun Run

2021/22 $9,000

2022/23 $6,000

2023/24 $6,000

2021/22 $9,000

2022/23 $6,000

2023/24 $6,000


Council                                                                                      95                                                                      26 May 2021

 

Busselton Fringe Festival

2021/22 $25,000

2022/23 $25,000

2023/24 $25,000

(Plus up to $2,000 in-kind per year)

2021/22 $20,000

2022/23 $20,000

2023/2024 $20,000

(Plus up to $2,000 in-kind per year)

Perth International Jazz Festival

2021/22 $59,400

2021/22 $20,000

* Cape to Cape MTB

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

2021/22 $10,000

2022/23 $10,000

2023/24 $10,000

Five Bays Swim

2021/22 $9,000

2021/22 $9,000

Busselton LOC – Ironman WA Volunteers Program

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

MRBTA – Ironman WA FOC Rooms

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

2021/22 $20,000

2022/23 $20,000

2023/24 $20,000

* Carols by the Jetty

2021/22 $3,300

2022/23 $3,300

2023/24 $3,300

2021/22 $3,000

2022/23 $3,000

2023/24 $3,000

Festival of Busselton

2021/22 $25,000

2022/23 $25,000

2023/24 $25,000

2021/22 $25,000

2022/23 $25,000

2023/24 $25,000

* Busselton Brass 150th Celebration

2021/22 $500

(Plus up to $2,000 in-kind traffic management)

2021/22 $500

(Plus up to $2,000 in-kind traffic management)

Busselton Rainbow Dog Walk

2021/22 $2,000

$0

(Refer to Donations, Contributions & Subsidies Fund)

Busselton Australia Day celebrations

2021/22 $6,000

2022/23 $6,000

2023/24 $6,000

To be deferred

RAAF Centenary & BMRA Open Day

 2021/22 $20,000

 2021/22 $20,000

Totals

2021/22 $430,457

2022/23 $264,765

2023/24 $270,765

2021/22 $341,500

(Plus up to $15,000 in-kind)

2022/23 $223,500

(Plus up to $7,000 in-kind)

2023/24 $223,000

(Plus up to $7,000 in-kind)

 


 

The following considerations are proposed to be requested of the below events as part of the allocated funding:

·        Taj’s Small Fries – consider moving the event outside of the January school holidays.

·        Fine Vines Festival – all reasonable efforts to be made to hold a minimum of 50% of events within the City of Busselton, including official launch/closing events.

·        Building Bridges – Harmony Day – consider developing and re-branding of the event as an international food festival, hold the event on a Saturday.

·        Busselton Half Marathon and Fun Run – consider change of date away from Jetty Swim weekend.

·        Cape to Cape MTB – consider having 2 consecutive days, including start/finish venues, within the City of Busselton.

·        Carols of the Jetty – consider review of programming to include more traditional, well known Christmas carols and content.

·        Busselton Brass 150th Celebration – consider using Mitchell Park as the concert venue.

 

Applications for funding through the 2021/22 Marketing Budget (Economic Development initiatives)

 

Event

Requested

MERG Recommendation

2021 Town Team Conference

2021/22 $5,000

2021/22 $5,000

BCCI – Enhancing Community & Business Wellbeing Masterclasses

 2021/22 $12,650

 2021/22 $8,625

Totals

2021/22 $17,650

2021/22 $13,625

 

Winter Wonderland event

Officers have been investigating a Winter activation to drive visitation and attract families over the July school holidays. A proposal has been received from Ice Rinks Australia (IRA), a Melbourne based company that provides ice rinks in venues all over Australia including Perth City, Fremantle and Mandurah. Their proposal includes an upfront cost to the City of $90,000, IRA to retain the first $80,000 of ticket sales, then ticket revenue over $80,000 to be split 50/50. This covers hire of the 20m x 10m ice rink, all skates and equipment, event staffing, ticketing system and point of sale (POS) software system, lighting and audio visual, event management, inflatable play equipment and public liability for a 23-day hire period. The City would be responsible for providing the venue, marquee to cover the ice rink, and any additional infrastructure and food and drink vendors (Winter Village) if desired. The estimated cost to provide the marquees and associated infrastructure and equipment would be approximately $20,000.

 

The proposal was discussed by MERG where it was felt that this activation would be best to hold over until winter 2022, following completion of the Mitchell Park redevelopment. This would allow more time to work with local businesses to secure their involvement, and also allow staff to seek quotes from other companies to ensure a more competitive process.

 

It is recommended that up to $110,000 be allocated from the draft 2021/22 events budget to fund a winter activation for 2022.

 

Requests for Funding – 2020/21 Marketing Budget – Events Signage (Banners)

The City has a supply of event banners including teardrop banners, cloth rectangle banners and indoor pull up banners. These are distributed to all funded events as part of the contractual obligations when receiving sponsorship. While all care is taken to ensure that banners are issued and received back in good condition, over time the condition of banners, in particular the teardrop banners, have deteriorated to the point where there are only a small amount that are in good repair and cleanliness. There has been no new event signage purchased since 2017.

Officers have sought quotes from local suppliers, which have so far ranged from $225 to $300 per banner. It is recommended that up to $5,000 is allocated from the draft 2020/21 marketing budget, to allow for the purchase of new teardrop banners. Depending on the accepted quote, this will purchase up to 22 new banners.

 

Events Strategy

At the meeting of 9 September 2020, Council endorsed (C2009/110) the allocation of up to $12,000 towards the update of the City’s Event Strategy. A Request for Quotation was issued which closed the day after the MERG meeting on 28 April 2021. No submissions were received. Ten suppliers downloaded the document from Vendor Panel. Each were contacted for feedback to understand reasons for not submitting a proposal. Capacity with current resourcing and workloads, concerns regarding the ability to deliver the scope within the 10 weeks specified and the sufficiency of the allocated budget of $12,000 were cited as the key issues.

 

The budget of $12,000 was agreed before the full extent of funding remaining in the 2020/21 budget was known and prior to a full scope of works had been developed. The Events Strategy is a critical document that determines how over a million dollars of differential rates are allocated and administered annually to support key economic and social outcomes for our community. Since the Strategy was developed there have been significant investment decisions made to upgrade the airport, foreshores and CBDs with multi-million dollar priority projects such as the Australian Underwater Discovery Centre, Performing Arts and Convention Centre, Shelter Brewery and Hilton Hotel. These developments and their potential needs to be fully explored and capitalised upon in new strategies for events.

 

Based on supplier feedback, it is recommended a revised budget of up to $40,000 be allocated towards the review to deliver the full scope of works. Suppliers will still be required to provide a cost breakdown and price each deliverable separately so that elements can be prioritised and options available not to expend the full amount. The timeframes to deliver the work will also be extended to three to four months.

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 with the City’s Events Policy which provides event organisers with information on the event application and approval process and event sponsorship guidelines.

Financial Implications

At the Council meeting on 27 July 2020, Council resolved (C2007/070) to include an allocation of $1,076,414 in the 2020/21 marketing and events budgets. At the meeting on 9 September 2020, Council endorsed (C2009/110) the following allocations from the 2020/21 events and marketing budgets:

·        $786,414 towards event sponsorship,

·        $250,000 towards Marketing and Economic Development initiatives, and

·        $40,000 towards City run events.

 


 

Funds currently committed from the 2020/21 events budget through multi-year agreements and Rounds 1 and 2 of the Event Sponsorship Program totals $380,562. In addition, $200,000 is allocated towards the development of an electronic events billboard. This leaves a balance of $205,852 in the 2020/21 events budget for any further event attraction or initiatives. This balance includes funds from cancelled events.

 

Of the $250,000 allocated to the 2020/21 marketing budget, $120,000 has been allocated to the Airport Marketing Reserve, $50,000 to the Busselton Performing Arts and Convention Centre (BPACC), up to $12,000 had been allocated to update the City’s Events Strategy and up to $5,000 for the update of tourism signage, leaving a balance of $63,000 for any further initiatives. It is recommended that the remaining balance after any further allocations be transferred to the Airport Marketing Reserve.

 

Of the $40,000 allocated to City run events, a total of $11,684 was spent on seven Sun-Sets on the Bay events in Busselton and Dunsborough. This leaves a balance of $28,316. Pending any further initiatives, the remaining balance at the end of financial year will remain in the Marketing and Area Promotion Reserve. 

 

The draft 2021/22 budget includes an allocation of $1,196,700 in the marketing and events budget, with a proposed split of $924,900 for events, $231,800 for marketing and economic development initiatives, and $40,000 for City led events.

 

From the marketing budget, $120,000 is proposed to be allocated to the Airport Marketing Reserve and $50,000 is proposed to be allocated to the BPACC, leaving a balance of $61,800 to be applied to marketing and economic development initiatives in the 2021/22 financial year, with no current proposals earmarked.

 

Funds that are already committed in the draft 2021/22 Events budget through multi-year agreements totals $385,000, which leaves a total of $539,900 to be allocated to Rounds 1 and 2 of the 2021/22 Events Sponsorship Program. These amounts are indicative, subject to final confirmation of the 2021/22 budget.

Stakeholder Consultation

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

Risk Assessment

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

Options

As an alternative to the proposed recommendation, the Council could choose not to support the recommendations made by MERG and resolve not to endorse part or all of the recommendations.

CONCLUSION

MERG has been established by Council to make recommendations on the way in which funds raised through the industrial and commercial differential rate for the purposes of events and marketing are allocated.  This report contains the recommendations made at the 27 April 2021 MERG meeting, which if endorsed by Council, will result in the continuation of high quality events being held within the region, supported by successful marketing promotions.  All recommendations support Council’s vision of being recognised as the ‘Events Capital WA.’

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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

 


 

5.48pm:                At this time, Cr Miles re-entered the meeting.

 

 

18.             Motions of which Previous Notice has been Given

Nil


 

19.             urgent business

19.1           RFT 01-21 MITCHELL PARK CIVIL AND LANDSCAPING WORKS

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

2.2 Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities.

SUBJECT INDEX

Tenders

BUSINESS UNIT

Major Projects and Facilities

REPORTING OFFICER

Major Projects - Contract Admin & Tech Officer - Natalie Walker

AUTHORISING OFFICER

Director, Engineering and Works Services - Oliver Darby

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   Mitchell Park Landscape Stage 1A Layout Plan

Attachment b    Published Under Separate Cover  Confidential Peer Review RFT 01-21 Mitchell Park Civil and Landscaping Works

Attachment c    Published Under Separate Cover  Confidential Tender Evaluation Report - RFT 01-21 Mitchell Park Civil and Landscaping Works  

 

Council Decision

C2105/108              Moved Councillor P Cronin, seconded Councillor L Miles

That the Council considers the item ‘RFT 01-21 Mitchell Park Civil and Landscaping Works’ as urgent business under clause 5.9(1) of the City’s Standing Orders Local Law 2018.

CARRIED 9/0

 

Council Decision and Officer Recommendation

C2105/109              Moved Councillor J Barrett-Lennard, seconded Councillor S Riccelli

That the Council:

1.         Note that the contract between the City of Busselton and Pindan Projects WA Pty Ltd was terminated by virtue of Pindan Projects WA Pty Ltd having entered into liquidation on 18 May 2021.

 

2.         Pursuant to RFT 01/21 Mitchell Park Civil & Landscaping Works, accept the tender from Busselton Civil Pty Ltd for the Stage 1A works (tendered price $721,621.22 exclusive of GST) as the most advantageous tender, subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs).

 

3.         Delegate power and authority to the Chief Executive Officer to:

a.         negotiate and agree with Busselton Civil Pty Ltd  minor variations in accordance with Regulation 20 of the FG Regs, subject to such variations and final terms not exceeding the overall project budget;

b.        enter into a contract with the Busselton Civil Pty Ltd for supply of the relevant goods and services.

CARRIED 9/0

 


 

EXECUTIVE SUMMARY

Pursuant to RFT 01-21, the City entered into a contract with Pindan Projects WA Pty Ltd for redevelopment of Mitchell Park. Within 6 weeks of entering into that contract, the City received confirmation that Pindan Projects WA Pty Ltd entered into liquidation. As a result the City terminated the contract with Pindan Projects WA Pty Ltd.

 

This report recommends that Council, pursuant to regulation 18(7) of the Local Government (Functions and General) Regulations 1996, accepts the tender from Busselton Civil Pty Ltd as most advantageous to the City and delegate power and authority to the CEO to negotiate and agree final terms and conditions with Busselton Civil Pty Ltd and enter into a contract(s) for the Stage 1A works of the Mitchell Park project.

 

BACKGROUND

The upgrade of Mitchell Park has been considered as part of the ongoing revitalisation and asset renewal for the town centre for a number of years and, following a public consultation process, Council resolved to proceed with this project to coincide with the redevelopment of the adjacent Busselton Central shopping centre. The City invited tenders under RFT 01-21 ‘Mitchell Park Civil and Landscaping Works’ for the upgrade, renewal and inclusion of new civil and landscape components to Mitchell Park and, pursuant to this procurement process, Council resolved on 24 March 2021 as follows:

 

C2103/051           

That the Council:

1.        Pursuant to RFT 01/21 Mitchell Park Civil & Landscaping Works, 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 (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs).

 

2.        Delegate power and authority to the Chief Executive Officer to:

a.         negotiate and agree with the Successful Tenderer minor variations in accordance with Regulation 20 of the FG Regs, subject to such variations and final terms not exceeding the overall project budget; and

b.        enter into a contract with the Successful Tenderer for supply of the relevant goods and services.

 

3.        Endorse the requested budget amendment outlined in Table 1 below resulting in no change to the budgeted cash position.

 

In accordance with the above-mentioned Council resolution, the City entered into a contract with Pindan Projects WA Pty Ltd (Pindan Projects) on 7 April 2021 to undertake the works and, in accordance with the contract, possession of the site was given to Pindan Projects on 29 April 2021. 

 

Media reports during or about 17 May 2021 indicated that companies within the Pindan group of companies experienced financial difficulties. Subsequent site inspections by City officers on 19 and 20 May 2021 indicated that Pindan Projects had suspended performance of the work under the contract. This was confirmed during telephone conversations between City officers and Pindan Projects’ employees over the same period.

 


 

On 20 May 2021, the City received confirmation that of all the companies within the Pindan group of companies, three companies entered into voluntary administration while the other six companies went entered into liquidation. Pindan Projects (i.e. the entity that entered into the contract with the City) was one of the companies that entered into liquidation.

 

This report recommends to Council a course of action to resolve the issues arising from Pindan Projects’ liquidation.

OFFICER COMMENT

Pindan Projects contract

The contract price agreed upon with Pindan Projects is $685,265.04 excl. GST. As at the date of this report, Pindan Projects have completed a relatively small amount of the work under the contract. These works comprise site establishment, fencing and demolition works. The City has not yet received a payment claim from Pindan Projects and has not paid any money under the contract to Pindan Projects. The contract requires from Pindan Projects to provide performance security in the form of retention monies.

 

The contract between the City and Pindan Projects provided the City with the ability to terminate the contract based on an ‘insolvency event’ (which, per definition, includes appointment of a liquidator).  

 

Given that:

·        Pindan Projects entered into liquidation (rather than administration);

·        The City received confirmation that on 18 May 2021 a liquidator was appointed for Pindan Projects;

·        Pindan Projects suspended performance of its work under the contract;

·        Pindan Projects has clearly wholly or substantially abandoned its work (and the site) under the contract; and

·        Following the demolition works that have been undertaken, the construction site posed public safety concerns and risks;

the City terminated the contract with Pindan Projects on 25 May 2021.

 

The City will in due course assess and determine, in accordance with the contract, payment claims that may be lodged by Pindan Projects (if any) and claims which the City may have in relation to losses or damages suffered by the City as a consequence of Pindan Projects having entered into liquidation (if any).

 

In order to mitigate the public safety risk associated with the condition of the construction site, City officers arranged with the fencing contractor not to remove the security fence for the time being. 

 

Procurement process new contractor

For public safety reasons, and also due to the fact that the Mitchell Park works interface with works to be undertaken by the developers of the adjacent Busselton Central Shopping Centre, it is essential for the Mitchell Park works to be completed with the shortest practical timeframe. For these reasons, City officers recommend that Council resolve to commence without any delay the procurement process for engaging a suitable contractor to undertake and complete these works.

 

As discussed under Statutory Environment, the City may accept pursuant to RFT 01-21 from the other tenders that were received, the tender it thinks would be most advantageous to the City to accept. 

 


 

Pursuant to RFT 01-21 the City received, in addition to the tender from Pindan Projects, four other compliant tenders from the following contractors:

 

·        BOS Civil Pty Ltd

·        Busselton Civil Pty Ltd

·        Environmental Industries Pty Ltd

·        LD Total Pty Ltd

 

Tender assessment process

All abovementioned tenders were assessed in accordance with the City’s procurement practices and procedures, with the tender assessments being carried out by a tender evaluation panel comprising City officers with relevant skills and experience.

 

As was reported in the abovementioned 24 March 2021 Council report, this tender assessment process included:

·        Tenders received were assessed against relevant compliance criteria. The compliance criteria were not point scored. Each submission was assessed on a Yes/No basis as to whether each criterion was satisfactorily met.  All tenders were deemed compliant.

 

·        The assessment of tenders against the following qualitative criteria; weighted according to the table below:

Criteria

Weighting

·    Relevant Experience

25%

·    Local Benefit

5%

·    Demonstrated Understanding

20%

 

The qualitative criteria were scored depending on the extent of which each tenderer was able to appropriately satisfy each criteria. The tendered prices were then assessed together with the weighted qualitative criteria and the tenders scored and ranked to determine the most advantageous outcome to the City; based on principles of representing best value for money. That is, although price is a consideration, the tender containing the lowest price will not necessarily be accepted by the City and nor will the tender be ranked the highest on the qualitative criteria.

 

Summary of Assessment Outcomes

The outcome of the evaluation panel’s assessment was that Busselton Civil Pty Ltd was determined to be the second highest ranked tenderer (i.e. behind the tender from Pindan Projects that was the first ranked tender at the time).

 

Busselton Civil Pty Ltd provided a good range of previous experience in similar scope and scale to this project. They demonstrated a good understanding of the project requirements, detailed program and local knowledge.  They also identified local benefit through support of local community groups.

 

The main reason why the tender from Busselton Civil Pty Ltd ranked second, was due to price considerations, with Busselton Civil Pty Ltd’s tendered price being marginally more expensive than Pindan Projects’ tendered price.


 

Based on the Evaluation Panel’s assessment and overall ranking of the tenders, it is recommended that it would be the most advantageous to the City to accept the tender from Busselton Civil Pty Ltd for the following reasons:

·        The tender from Busselton Civil Pty Ltd demonstrated a good range of relevant experience and ability to deliver the scope of works.

·        The tender form Busselton Civil Pty Ltd demonstrated a good understanding of the project requirements.

City officers undertook a high level financial risk assessment in relation to Busselton Civil Pty, which comprised of the following:

 

The City obtained a “Risk of Failure Report” from Illion Direct (a commercial credit services provider) in respect to Busselton Civil Pty Ltd. The “Risk of Failure Report” details Busselton Civil Pty Ltd’s risk of failure as assessed against a range of criteria/information, including:

 

·        Entity’s legal structure

·        Currency of ASIC registration

·        Corporate ownership and officers

·        Legal events, collections and commercial defaults

·        Credit risk analysis

 

The “Risk of Failure Report” indicated the following:

 

Relative risk level – “Average”

Recommendation – “Extend terms”

 

Other considerations:

 

The following terms under the proposed contract between the City and Busselton Civil Pty Ltd should provide the City with a certain level of security:

 

(1)       Payment terms: under the contract payments to the contractor are to be made in arrears (i.e. payments for work completed and/or goods/services supplied); and

 

(2)       Security: the contractor’s performance under the contract is to be secured by way of a security bond (either unconditional bank guarantees or retention money).

 

Given the above it is considered that the financial risk to the City of entering into the Contract with the Busselton Civil Pty Ltd is acceptable.

 

Contract price

The price submitted by Busselton Civil Pty Ltd pursuant to RFT 01-21 exceeds the City’s project budget.  Therefore, officers recommend that Council endorse Busselton Civil Pty Ltd as the preferred tenderer, but delegate power and authority to the CEO to negotiate the scope of works, contract price and other variations that may be required to deliver the project within budget. As part of these negotiations, the City will negotiate with the preferred tenderer a mutually acceptable strategy for factoring in the value of works that have been undertaken to date.

 


 

Statutory Environment

In terms of section 3.57 of the Local Government Act 1995, a local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and service. Part 4 of the Local Government (Functions and General) Regulations 1996:

 

·        requires that tenders be publicly invited for such contracts where the estimated cost of providing the required goods and/or service exceeds $250,000; and

·        under Regulations 11, 14, 18, 20 and 21A provides the statutory framework for inviting and assessing tenders and awarding contracts pursuant to this process.

 

With regard to RFT 01-21, City officers have complied with abovementioned legislative requirements.

 

The contract value of the works to be undertaken pursuant to RFT 01-21 exceeds $500,000. Therefore, in accordance with section 5.43(b) of the Local Government Act 1995, read with City of Busselton Delegation DA 1-07 “Inviting, Rejecting and Accepting Tenders”, accepting a tender pursuant to RFT 01-21 requires a Council resolution.

 

In terms of regulation 18(7) of the Local Government (Functions and General) Regulations 1996, if a local government has accepted a tender and acceptance of the tender creates a contract and within 6 months of the day on which the tender was accepted the local government and the successful tenderer agree to terminate the contract, the local government may accept from the other tenders the tender which it thinks it would be most advantageous to the local government to accept. Although the abovementioned regulation refers to termination by “agreement”, City officers are of view that the intention of the legislature was for these provisions to also apply to circumstances where termination of a contract is based on an “insolvency event” (as referred to in the contract between the City and Pindan Projects). Given that the contract between the City and Pindan Projects was entered into in less than 6 months ago (April 2021) it is considered that the City has the power to accept from the other tenders received pursuant to RFT 01-21 the tender which it thinks it would be most advantageous to the City to accept.

Relevant Plans and Policies

The City's purchasing policies, its occupational health and safety and asset management were all relevant to the RFT, and have been adhered to in the process of requesting and evaluating tenders.

Financial Implications

The Mitchell Park upgrade will be funded from its existing 2020/21 budget allocation of $820,000. The current budget allocation after expenditure to date is $692,137.77.  Year to date expenditure totals include design consultancy fees, clearing permit cost, tree maintenance costs, granite boulders and City-supplied items including light poles, bollards, luminaires, pavers and drinking fountain.

 

As discussed in Officer Comment, the price submitted by Busselton Civil Pty Ltd pursuant to RFT 01-21 exceeds the City’s project budget. Therefore, officers recommend that Council endorse Busselton Civil Pty Ltd as the preferred tenderer, but delegate power and authority to the CEO to negotiate the scope of works, contract price and other variations that may be required to deliver the project within budget, with the preferred tenderer.

Stakeholder Consultation

The City has not undertaken additional stakeholder consultation relevant to the issues outlined in this report.

Risk Assessment

An assessment of the potential implications of implementing the officer’s recommendation has been undertaken using the City’s risk management framework, with the intention being to identify risks which, following implementation of controls, are identified as medium or greater.

 

No risks categorised as medium or greater have been identified in relation to accepting the tender from Busselton Civil Pty Ltd, as this contractor has been assessed as being capable of delivering the services to a suitable service level. 

 

There is a certain level of risk associated with termination of the contract between the City and Pindan Projects, in particular in relation to:

·        Pindan Projects’ liquidator potentially disputing termination of the contract;

·        Payment claims that may be lodged Pindan Projects’ liquidator; and

·        The City’s ability to recover damages/losses suffered by the City as a consequence of Pindan Projects’ liquidation.

 

Based on the relevant controls (contract terms and conditions) and the circumstances under which the contract was terminated (as outlined under Officer Comment above) City officers identified none of these risks as being medium or greater.

Options

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

1.         Award the tender to an alternative tenderer. In the view of the tender evaluation that has been undertaken, this option is not recommended as it could result in the tender being awarded to a tenderer that is not most advantageous to the City.

2.         Resolve not to accept a tender pursuant to RFT 01-21. This course of action is also not recommended, as this would require recommencement of the procurement process (i.e. inviting tenders de novo), which will in all likelihood result in:

(a)       Unnecessary additional costs to the City in having to secure the construction site for an extended period of time; and

(b)      Significant delays to completion of the project, which could also have adverse consequences for the timing of redevelopment of the adjacent Busselton Central Shopping Centre.

CONCLUSION

Given the unforeseen circumstances which resulted from Pindan Projects having entered into liquidation, it is considered most advantageous to the City to accept pursuant to RFT01-21 and regulation 18(7) of the Local Government (Functions and General) Regulations 1996 the tender from Busselton Civil Pty Ltd as the most advantageous to the City and to delegate to the CEO the power to negotiate minor variations and enter into a contract for the supply of these goods and services.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should Council adopt the officer recommendation, it is expected that negotiations with Busselton Civil Pty Ltd could be finalised within 5 business days and, subject to the parties reaching agreement, that possession of the construction site could be given to the contractor within a further 5 business days.

 

 


Council

99

26 May 2021

0.0

Attachment a

Mitchell Park Landscape Stage 1A Layout Plan

 

 


Council                                                                                      100                                                                    26 May 2021

20.             Confidential Reports  

Nil

 

21.             Closure

The Presiding Member closed the meeting at 5.51pm.

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 2 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 9 June 2021.

DATE:_________________  PRESIDING MEMBER:__________________________________