Council Agenda

 

 

 

25 January 2022

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 25 January 2022

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Tuesday, 25 January 2022, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

14 January 2022


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 25 January 2022

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors. 5

2....... Attendance. 5

3....... Prayer. 5

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

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

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

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

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

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 8 December 2021. 5

Committee Meetings. 6

8.2          Minutes of the Policy and Legislation Committee Meeting held 8 December 2021. 6

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

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

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

12..... Reports of Committee. 7

12.1        Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: RECORDING AND LIVESTREAMING OF COUNCIL PROCEEDINGS AND COMMUNITY ACCESS SESSIONS. 7

12.2        Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: ELECTED MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT. 19

13..... Planning and Development Services Report. 27

14..... Engineering and Work Services Report. 28

14.1        AWARD OF TENDER RFT21/21 WEST BUSSELTON SEAWALL UPGRADE - STAGE 2. 28

15..... Community and Commercial Services Report. 33

16..... Finance and Corporate Services Report. 34

17..... Chief Executive Officers Report. 35

17.1        Councillors' Information Bulletin. 35

18..... Motions of which Previous Notice has been Given.. 53

19..... urgent business. 53

20..... Confidential Matters. 53

21..... Closure. 53

 


Council                                                                                      6                                                                  25 January 2022

 

1.               Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors

 

2.               Attendance 

Apologies

 

Approved Leave of Absence

 

Nil

 

3.               Prayer

 

4.               Application for Leave of Absence

 

5.               Disclosure Of Interests

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

Public Question Time For Public

 

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 8 December 2021

Recommendation

That the Minutes of the Council Meeting held 8 December 2021 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Policy and Legislation Committee Meeting held 8 December 2021

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 8 December 2021 be noted.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

 

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

 

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


Council                                                                                      8                                                                  25 January 2022

12.             Reports of Committee

12.1           Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: RECORDING AND LIVESTREAMING OF COUNCIL PROCEEDINGS AND COMMUNITY ACCESS SESSIONS

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.1 Provide opportunities for the community to engage with Council and contribute to decision making.

SUBJECT INDEX

Decision Making Processes

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Acting Director, Finance and Corporate Services - Sarah Pierson

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Tracked)

Attachment b    Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Clean)

Attachment c    Current Policy: Recording and Livestreaming of Council Meetings

 

This item was considered by the Policy and Legislation Committee at its meeting on 8/12/2021, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION

That the Council do not adopt the amended Council policy at this time and request the CEO to return this item for discussion at the Policy and Legislation Committee meeting in February 2022.

 

Reasons:          The Committee recommended further consideration of the parameters and consequences of recording Community Access Sessions and the CEO bring this information to be considered as a general discussion item at a future Policy and Legislation Committee meeting.

 

OFFICER RECOMMENDATION

That the Council adopt the amended Council policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (the Policy) (Attachment A) to replace the current policy (Attachment C).

 

EXECUTIVE SUMMARY

This  report  presents  an  amended  Council  policy: Recording  and  Livestreaming  of  Council  Meetings and  Community  Access Sessions(the  Policy)  (Attachment  A);  amended  to  incorporate  provisions around the audio recording of Community Access Sessions and to increase  the time that recordings of  Council  Meetings  are  available  publicly. Officers recommend it replace the current policy (Attachment C).

 

BACKGROUND

The Policy was originally adopted by Council at its Ordinary Meeting on 11 June 2019 (C1906/108), following a request from a member of the public for a copy of a recording of an Ordinary Council Meeting, and pursuant to advice from the Western Australian Local Government Association (WALGA). The review of the policy also considered the recommendations of Mr John Woodhouse’s Review of the City of Busselton Governance Systems and Processes conducted in 2017.

 

The City’s Standing Orders Local Law 2018 (Standing Orders) provides for the Chief Executive Officer to audio record meetings for the purpose of taking minutes. Any such recordings are considered a record under the State Records Act 2000 and are required to be retained for one year after the minutes are confirmed.

 

During COVID-19 restrictions at the start of 2020, which limited attendance at Council meetings, the City implemented a process to facilitate remote public access by livestreaming the meetings. Following a briefing to Council on 14 October 2020, officers prepared revisions to the Policy that extended the scope of the Policy to include video recordings and livestreaming of meetings, with the renaming of the Policy to reflect this extension of its scope. The revised Policy was adopted by Council on 11 November 2021 (C2011/001).

 

OFFICER COMMENT

With increased requests received from members of the public, and a preference indicated by Councillors for more community transparency and engagement, the City’s Community Access Sessions have recently been recorded (audio only) and a link to the recording added to the City’s website. Accordingly officers have proposed amendments to the Policy to provide guidance for this practice.

 

A Community Access Session (CAS) is a more informal forum than a Council meeting and its purpose is to provide a means for the community to present any ideas or ask any questions of Council. There are no decisions made at a CAS and there is no requirement for the CAS to be minuted in any way or recorded. However, there is a growing expectation that the public may access and view a CAS without being in physical attendance, and Council has indicated they are prepared to facilitate this access.

 

In recommending the Policy amendments to incorporate this officers do have some reservations, and raise them for Council to mindful of.  To assist in mitigating some of the concerns, the Policy sets out that, at the discretion of the CEO, CAS may not be recorded in certain circumstances.

 


Informal Forum

Primarily officers are concerned that the public recording of CAS may deter some members of the community from attending CAS and using the forum to discuss issues with Councillors.  Officers are also concerned that it may inhibit free discussion. CAS play an important role as a forum for members of the public to speak freely and without concern that their statements can be used against them at a later time.

 

It is recommended that each member of public who speaks at a CAS is made aware an audio recording is being made. Each person who speaks at a CAS should be given the opportunity to not be recorded and the recording should be ceased should they make that request.

 

Defamation

Section 9.57A of the Local Government Legislation Amendment Act 2019 (WA) encourages local governments to livestream its proceedings and provides statutory protection for the local government from defamation for publishing Council proceedings on its website. It does not appear that this protection would apply to CAS.  Additionally this protection does not extend to the individual who made the comment, however, this is no different to circumstances if the meeting is not broadcast, as it is still deemed to be a statement made in a public forum.

 

Recording

It is also important to emphasise that an audio recording should not be considered as the minutes or a formal record of a CAS. As noted above, the CAS is an informal community meeting and it should be clear that no decision-making takes place and statements made by a Councillor should not be construed as a decision of Council or create any expectation. This can be managed at an operational level with, for example, a written disclaimer on the City’s website which states that it is a broadcast only and not a formal record of the meeting. Councillors should however remain aware that their statements are being recorded and made public as an audio recording.

 

Statutory Environment

The audio recording of a CAS would be considered as a “record” under the State Records Act 2000, and that the publication and storage of the recording should be treated pursuant to the requirements of this Act.

 

Officers are comfortable, having received internal advice from the City’s Records officers, that the intention to retain the audio record in ECM, with a link to the recording available on the City’s website, provides sufficient access to, and storage of, the record to meet the requirements of the State Records Act. The file of the recording and its link will be removed or deleted in accordance with the guidelines of the State Records Office.

 

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., although officers have noted some concerns above.

Options

As an alternative to the proposed recommendation the Council could:

1.         Not adopt the amended Policy. If Council chooses to do this, officers will cease the practice of audio recording the CAS.

2.         Adopt the Policy with further amendments.

CONCLUSION

A revised Policy ‘Recording and Livestreaming of Council Meetings and Community Access Sessions’ is presented for Council’s approval.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If endorsed, the Policy will be placed on the City’s website within one week of Council adoption and the practice continued at the start of the 2022 Community Access Sessions.  


Council

12

25 January 2022

12.1

Attachment a

Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Tracked)

 




Council

14

25 January 2022

12.1

Attachment b

Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Clean)

 




Council

17

25 January 2022

12.1

Attachment c

Current Policy: Recording and Livestreaming of Council Meetings

 



Council                                                                                      19                                                                25 January 2022

12.2           Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: ELECTED MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Acting Director, Finance and Corporate Services - Sarah Pierson

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Amended Council Policy Final

Attachment b    Amended Council Policy Changes Tracked

 

This item was considered by the Policy and Legislation Committee at its meeting on 8/12/2021, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION

That the Council adopt the amended Council policy: Elected Member Training and Professional Development (the Policy) (Attachment A) to replace the current policy.

 

OFFICER RECOMMENDATION

That the Council adopt the amended Council policy: Elected Member Training and Professional Development (the Policy) (Attachment A) to replace the current policy.

 

EXECUTIVE SUMMARY

This report presents an amended Council policy: Elected Member Training and Professional Development (the Policy) (Attachment A). The Policy has been reviewed in accordance with section 5.128(5)(a) of the Local Government Act 1995 (the Act), which requires a council policy, in relation to the professional development of elected members, to be reviewed after each ordinary election. 

 

BACKGROUND

In accordance with section 5.128 of the Act, a local government is to prepare and adopt, by absolute majority, a policy in relation to the continuing professional development; and “…(5)(a) must review the policy after each ordinary election…”. The Policy was initially adopted in April 2017 as an amalgamation of two previous policies; 013 – ‘Specific Requirements for Development Opportunities involving significant Travel’ and 098 – ‘Councillors Induction, Training and Professional Development’.

 

The Policy was last reviewed in August 2020 as part of the City’s regular policy review cycle, with amendments made to include the provision of a fixed allowance of $3,000 per Elected Member per financial year and the provision for unspent funds from one year to be held in reserve and used in the following financial year, with no more than two financial years’ worth of the allowance to accrue.

 


OFFICER COMMENT

The 2021 Local Government Ordinary Election was held on Saturday 16 October and, in accordance with section 5.128(5)(a) of the Act, officers have reviewed the Policy, with only minor amendments proposed.

 

Paragraph 5.5 has been moved under Scope and is now paragraph 2.2.  Paragraph 5.5 (previously 5.6), which talks about mandatory training requirements, has been amended from “Elected Members may also be required…” to “Elected Members are required…”, to reflect the legislative requirement now set out in Regulations 35(2) and (3) of the Local Government (Administration) Regulations 1996.

 

Other minor grammatical corrections and updates have been made for readability and the Review Frequency of the Policy has been amended to “After each Ordinary Election”.  A tracked changes version is available at Attachment B.

 

Statutory Environment

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

 

Relevant Plans and Policies

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

 

Financial Implications

There are no financial implications associated with the officer recommendation.

 

Stakeholder Consultation

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

 

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could chose to not accept the proposed amendments, or to propose further amendments to the Policy.

CONCLUSION

Council policy: Elected Member Training and Professional Development has been reviewed in accordance with section 5.128(5)(a) of the Local Government Act 1995, with the Policy now being presented to Council for adoption.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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

 


Council

22

25 January 2022

12.2

Attachment a

Amended Council Policy Final

 




Council

24

25 January 2022

12.2

Attachment b

Amended Council Policy Changes Tracked

 



 


Council                                                                                      27                                                                25 January 2022

13.             Planning and Development Services Report

Nil


Council                                                                                      28                                                                25 January 2022

14.             Engineering and Work Services Report

14.1           AWARD OF TENDER RFT21/21 WEST BUSSELTON SEAWALL UPGRADE - STAGE 2

STRATEGIC THEME

ENVIRONMENT - An environment that is valued, conserved and able to be enjoyed by current and future generations.

STRATEGIC PRIORITY

1.4 Respond to the impacts of climate change on the City’s coastlines through informed, long term planning and action .

SUBJECT INDEX

Coastal Adaptation

BUSINESS UNIT

Engineering and Technical Services

REPORTING OFFICER

Manager, Engineering and Technical Services - Daniell Abrahamse

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

Absolute Majority

ATTACHMENTS

Attachment a   Published Under Separate Cover  Confidential RFT21/21 Tender Recommendation Report, Evaluations and Panel Consensus Score Sheet  

 

OFFICER RECOMMENDATION

That the Council:

1.    Endorses the outcome of the evaluation panel’s assessment of the tenders received in response to RFT 21/21 West Busselton Seawall Upgrade – Stage 2 (RFT21/21) and accepts the tender from Leeuwin Civil Pty Ltd (tendered price $572,979.00 exclusive of GST) as the most advantageous tender.

2.    Delegates power and authority to the CEO to negotiate and agree final terms and conditions and enter into a contract with Leeuwin Civil Pty Ltd [including variations in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996].

3.    Notes that funding from the Forth Street Coastal Protection – Stage 2 budget (cost code 510 C2533 3280 0000) will be utilised to fund the project.

 

EXECUTIVE SUMMARY

Council is requested to consider the tenders received in response to Request for Tender RFT21/21: West Busselton Seawall Upgrade – Stage 2 (the RFT) for the upgrade of the existing rock seawall along Geographe Bay Road from Seagrott Road west towards Earnshaw Road at West Busselton. 

 

This report summarises the submissions received in response to the RFT and recommends that Council endorse the outcome of the evaluation panel’s assessment and delegate power and authority to the CEO to enter into a contract with Leeuwin Civil Pty Ltd as the most advantageous tender.

BACKGROUND

The West Busselton seawall is a strategic coastal protection structure for West Busselton, constructed in the 1970s and aligned along Geographe Bay Road. The seawall provides protection to Geographe Bay Road and the adjacent Dual Use Path. The seawall is approximately 600m long and extends west from Craig Street Groyne to approximately in line with Earnshaw Road.

 


The overall condition of the seawall has deteriorated over time due to high water levels and a number of large winter storm events in recent years. There is an ongoing risk that the Dual Use Path and Geographe Bay Road will become undermined and damaged as the seawall progressively deteriorates.

 

Two existing timber groynes (refurbished in 2016) and submerged Longard tubes (constructed late 1970s) have provided varying degrees of coastal stabilisation to the beach since construction. The Longard tubes are now buried and may be uncovered during the works. There are also remnants of two timber groynes (c1980s) on the eastern end of the wall that may be uncovered during the works.

 

Stage 1 refurbishment of the existing seawall, comprising the upgrade of approximately 400m length of the structure between Bower Street and Seagrott Road (West Busselton), the project was completed in mid-2021.

 

This RFT - Stage 2 of the works, comprises the refurbishment of approximately 220m of the existing rock seawall along Geographe Bay Road from Seagrott Road west towards Earnshaw Road Intersection (West Busselton).      

 

Refer to Figure 1 West Busselton Seawall Refurbishment Extent – Stage 2 below.

 

                                                                                                                          

OFFICER COMMENT

On 30 November 2021, tenders were invited (via Tenderlink) for the RFT, closing on 18th November 2021.  The City received three compliant tender submissions from the following companies:

 

·        BCP Contractors Pty Ltd;

·        Leeuwin Civil Pty Ltd; and

·        Neo Civil Pty Ltd.

 

Assessment Process

In accordance with the City’s procurement practices and procedures, tender assessments were carried out by a tender evaluation panel comprising City officers and an independent evaluation panel member with relevant skills and experience.

 

The tender assessment process included:

·        Assessing tenders received 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.

·        Assessing tenders against the following qualitative criteria (weighted as indicated in the table below):

Criteria

Weighting

(a)

Relevant Experience

30%

(b)

Local Content

5%

(b)

Key Personnel Skills and Experience

15%

(c)

Tenderer’s Resources

10%

(d)

Demonstrated Understanding

10%

 

The qualitative criteria were scored depending on the extent to 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 best value for money. That is, although price was a consideration, the tender containing the lowest price will not necessarily be accepted by the City and nor will the tender ranked the highest on the qualitative criteria.

 

Summary of Assessment Outcomes

As is shown in the Tender Evaluation Report (see confidential attachment) City officers are satisfied that all three tenderers are capable of successfully delivering this project, with Leeuwin Civil Pty Ltd scoring marginally better than the other tenderers in relation to the qualitative selection criteria, and also submitting the lowest price. This resulted in Leeuwin Civil Pty Ltd being ranked first overall. Leeuwin Civil Pty Ltd demonstrated:

·        a good range of relevant experience and ability to deliver projects of a similar nature in terms of the project scope of works;

·        contributions to the local community; 

·        skilled and experienced staff with a strong understanding of the project requirements;

·        extensive plant and equipment and their GPS (Global Positioning System) capabilities to improve rock placement, as well as details of two sources of rock supply; and

·        a very detailed project methodology provided, that satisfies the requirements of the project brief.

Therefore it is recommended that the tender from Leeuwin Civil Pty Ltd for Stage 2 be accepted as the most advantageous tender.

Statutory Environment

In accordance with section 3.57 of the Act, 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 the RFT, City officers have complied with abovementioned legislative requirements.

 

As the Contract value is greater than $500,000, and in accordance with section 5.43(b) of the Act and Council delegation DA 1-07, Council endorsement of the Successful Tenderer is required.

 

Section 6.8 of the Act refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council.

Relevant Plans and Policies

The City's purchasing policies, regional price preference, occupational health and safety, asset management, engineering technical standards and specifications were all relevant to the RFT, and have been adhered to in the process of requesting and evaluating tenders.

Financial Implications

The West Busselton Seawall – Stage 2 budget has an allocation of $410,000 (cost code 510 C2528 3280 0000), with an amount of $313,000 remaining after design costs and the installation of beach access points costs have been deducted. The shortfall of $259,083, will be funded from the Forth Street Coastal Protection – Stage 2 (cost code 510 C2533 3280 0000) which has a budget of $430,000. Both budget allocations have been funded from the Coastal and Climate Adaptation Reserve.

 

Stage 1 of the Forth Street Coastal Protection works was completed prior to the onset of the winter storms 2021. Due to the timing of the 2021/22 FY budget cycle, Stage 2 of the works was included in the budget prior to the completion and assessment of the effectiveness of the Stage 1 works.

 

The Stage 1 works comprised the construction of two Geosynthetic Sand Container (GSC) Groynes (GSC) east of the Forth Street car parking. The effectiveness of these two groynes has been monitored as part of the City’s ongoing coastal monitoring; this monitoring has found that the two groynes performed satisfactory.  Stage 2 of the works can therefore be rescheduled, with the timing and requirement subject to further and ongoing monitoring.

Stakeholder Consultation

The RFT was advertised in the ‘West Australian’ newspaper on 30 October 2021 and uploaded to TenderLink on 29 October 2021. The closing time and date for lodgement of a response was 2.00pm (AWST) on Thursday 18 November 2021. Officers have undertaken reference checks of the preferred tenderer.

Risk Assessment

An assessment of the potential implications of implementing the officer's recommendation has been undertaken using the City's risk assessment framework, with the intention being to identify risks which, following implementation of controls, are identified as medium or greater. There are no such risks identified, with the preferred tenderer assessed as being capable of delivering the services to a suitable service level.


Options

The Council may consider the following alternate options:

1.         To award the tender to an alternative tenderer/s. In the view of the officers, this could result in the tender being awarded to a tenderer that is not most advantageous to the City.

2.         To not award the tender. This would mean going back out to tender, resulting in significant delays to the contract award and potential significant delays to the delivery of the West Busselton Seawall Upgrade.

 

CONCLUSION

It is recommended that Council accept the tender of Leeuwin Civil Pty Ltd as the most advantageous to the City, subject to minor variations to be negotiated by the CEO, not exceeding the overall project budget.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should Council adopt the officer recommendation, it is anticipated that the contract for construction of Stage 2 of the West Busselton Seawall Upgrade will commence during February 2022 and be completed by April 2022, weather permitting.

 


Council                                                                                      33                                                                25 January 2022

15.             Community and Commercial Services Report

Nil


16.             Finance and Corporate Services Report

Nil


Council                                                                                      35                                                                25 January 2022

17.             Chief Executive Officers Report

17.1           Councillors' Information Bulletin

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

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   Community Assistance Program (CAPs)

Attachment b    Letter from Air Force - Successful Airport Open Day

Attachment c    Letter from Department of Transport - Unsuccessful RBFS Dolphin Rd

Attachment d   Letter from Department of Transport - Unsuccessful RBFS Dunsborough

Attachment e    Letter from Minister for Transport - Port Geographe Beach Works  

 

OFFICER RECOMMENDATION

 

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

17.1.1       Minor Donations Program

17.1.2       Community Assistance Program

17.1.3       Current Active Tenders

17.1.4       Letter from Air Force – Successful Open Day at Airport

17.1.5       Letters from Department of Transport - Unsuccessful Applications - RBFS 2021/22

17.1.6       Letter from Minister for Transport – Port Geographe Beach Works

 

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       Minor Donations Program

 

The Council allocates an annual budget allowance to the Minor Donations Program. 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.

 

Between 1 July and 31 December 2021, $16,496 has been allocated towards groups and individuals, with $13,504 remaining in this years’ budget.

 

During November and December, six schools received donations towards their end of year presentations, as outlined in the table below:

 

November and December – End of Year School Donations

Recipient

Purpose

Amount

West Busselton Primary School

Sponsorship of Year 6 Graduation Awards.

$100.00

Vasse Primary School

Sponsorship of Year 6 Graduation Awards.

$100.00

Geographe Education Support Centre

Sponsorship of end of year awards, Secondary and Primary.

$300.00

Georgiana Molloy Anglican School

Sponsorship of end of year awards, Secondary and Primary.

$300.00

Our Lady of the Cape Primary School

Sponsorship of Year 6 Graduation Awards.

$100.00

Geographe Primary School

Sponsorship of Year 6 Graduation Awards.

$100.00

Total - November and December – End of Year School Donations

$1,000

 


In November, six applications were approved totaling $3439.50, and in December five applications were approved totaling $3,600, as outlined in the tables below:

 

November

Recipient

Purpose

Amount

Geographe Education Support Centre

Use of the Undalup Room for their end of year celebration.

$300.00

Communicare

GLC passes for women and children staying at the Tuart House Refuge in Busselton.

$842.50

Combined Churches of Busselton

Each year the Combined Churches of Busselton Community Welfare Group make and distribute Christmas hampers to local, less fortunate community members identified by the group, providing financial relief and ensuring they have an enjoyable Christmas.

The donation contributed to providing 50 cinema tickets for the youth aged 12 to 18, and 50 backpack bags for single men and women that apply for Christmas help.

$725.00

Enable WA

Contribution towards the cost of screen hire for the public outdoor cinema night at Rotary Park in November that was held to celebrate Social Inclusion Week.

$700.00

Undalup Association

Assistance towards the cost of a Sound Technician and PA hire for the NAIDOC Family Day event that was held at the Busselton Foreshore in November.

$803.00

Anglicare WA

Contribution towards event fees for the White Ribbon community event in November.

$123.00

Total - November

$3493.50

 

 

December

Recipient

Purpose

Amount

St George's Anglican Church Community Meal

Contribution towards the costs of the annual community Christmas dinner in Dunsborough.

$1,000.00

St Mary's Anglican Church - Cliff's Kitchen

Contribution towards the costs of the annual community Christmas lunch at Cliff’s Kitchen in Busselton.

$1,000.00

The Lions Club of Vasse

Contribution towards the Christmas Carols at Vasse.

$600.00

Busselton Art Society

Contribution towards advertising and a children’s art activity as part of the annual Art in the Park event in January 2022.

$500.00

Dunsborough Art Society

Contribution towards the cost of hall hire for the annual art exhibition in January 2022.

$500.00

Total - December

$3,600

17.1.2       Community Assistance Program

This memorandum outlines the City’s Community Assistance Program (CAP), the applications received and funded in Round Three of the CAP in November.

 

See Attachment A.

17.1.3       Current Active Tenders

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

 

EOI 01/21 SOUTH WEST REGIONAL WASTE MANAGEMENT SERVICES

·    Requirements – a waste management expert to provide solutions to participating local governments in the South West of WA for sustainable, long term management of municipal solid waste. 

·    An expression of interest on behalf of a number of South West regional local governments was advertised on 30 September 2021, closing on 25 November 2021. 

·    12 submissions were received. 

·    An evaluation panel has reviewed the submissions and is finalising a report to the CEOs of the South West Regional local governments.

 

RFT 21/21 WEST BUSSELTON SEAWALL REFURBISHMENT – STAGE 2

·    Requirements – a suitable contractor to undertake refurbishment of the existing rock-armoured ironstone seawall on the Geographe Bay coastline (the remaining 220m of the western section of the structure west from Seagrott Road).

·    A request for tender was advertised on 30 October 2021, closing on 18 November 2021.

·    Three submissions were received. 

·    The value of the contract exceeds the CEO’s delegated power for accepting tenders. 

·    Council is considering a report to Council as part of this agenda. 

 

RFT 24/21 BUSSELTON MARGARET RIVER AIRPORT – GENERAL AVIATION HANGARS

·    Requirements – a suitable Contractor to design and construct four general aviation hangar sheds at the Busselton Margaret River Airport. 

·    A request for tender was advertised on 22 December 2021, closing on 25 January 2021.

·    It is expected that the value of the contract will not exceed the CEO’s delegated power for accepting tenders. 

17.1.4       Letter from Air Force – Successful Open Day at Airport

This letter is from the Royal Australian Air Force and highlights the success of the Busselton Margaret River Airport Open Day in November, commending the City and the Airport Team in particular.

 

See Attachment B.

17.1.5       Letters from Department of Transport - Unsuccessful Applications - RBFS 2021/22

The City received two letters advising that Round 26 of the Recreational Boating Facilities Scheme (RBFS) through the Department of Transport was exceptionally competitive, and that the City had been unsuccessful in their applications for both the Dolphin Rd and Georgette St Lighting Projects and the Dunsborough Boating Facilities Planning Project.

 

See Attachments C and D.


17.1.6       Letter from Minister for Transport – Port Geographe Beach Works

This letter is a response to a letter the City sent in November regarding Port Geographe beach works. It outlines the work undertaken recently, and the ongoing work between Department of Transport and the City to provide a navigable entrance channel at Port Geographe and usable beaches east and west of the breakwater.

 

See Attachment E.

 


Council

42

25 January 2022

17.1

Attachment a

Community Assistance Program (CAPs)

 




 







Council

49

25 January 2022

17.1

Attachment b

Letter from Air Force - Successful Airport Open Day

 


Council

50

25 January 2022

17.1

Attachment c

Letter from Department of Transport - Unsuccessful RBFS Dolphin Rd

 


Council

51

25 January 2022

17.1

Attachment d

Letter from Department of Transport - Unsuccessful RBFS Dunsborough

 


Council

52

25 January 2022

17.1

Attachment e

Letter from Minister for Transport - Port Geographe Beach Works

 

 


Council                                                                                      53                                                                25 January 2022

18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

 

20.             Confidential Matters

Nil 

 

21.             Closure