CITY OF BUSSELTON

MINUTES OF THE Council MEETING HELD ON 25 January 2022

TABLE OF CONTENTS

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

2....... Attendance. 3

3....... Prayer. 4

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

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

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

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

8....... Confirmation and Receipt Of Minutes. 11

Previous Council Meetings. 11

8.1          Minutes of the Council Meeting held 8 December 2021. 11

Committee Meetings. 11

8.2          Minutes of the Policy and Legislation Committee Meeting held 8 December 2021. 11

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 11

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 11

11..... Items brought forward.. 12

ADOPTION BY EXCEPTION RESOLUTION.. 12

12.1        Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: RECORDING AND LIVESTREAMING OF COUNCIL PROCEEDINGS AND COMMUNITY ACCESS SESSIONS. 13

12.3        Finance Committee - 19/1/2022 - LIST OF PAYMENTS MADE - NOVEMBER 2021. 25

12.4        Finance Committee - 19/1/2022 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2021. 41

12.5        Finance Committee - 19/1/2022 - RATING DEBT COLLECTION.. 75

17.1        Councillors' Information Bulletin. 80

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE). 98

12.2        Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: ELECTED MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT. 98

14.1        AWARD OF TENDER RFT21/21 WEST BUSSELTON SEAWALL UPGRADE - STAGE 2. 107

13..... Planning and Development Services Report. 112

14..... Community and Commercial Services Report. 113

15..... Finance and Corporate Services Report. 114

16..... Motions of which Previous Notice has been Given.. 115

17..... urgent business. 115

18..... Confidential Reports. 115

19..... Closure. 116

 

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN Council Chambers, Administration Building, Southern Drive, Busselton, ON 25 January 2022 AT 5.30pm.

 

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

The Presiding Member opened the meeting at 5.30pm.

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 Paul Carter          Deputy Mayor Cr Sue Riccelli Cr Ross Paine Cr Kate Cox Cr Anne Ryan Cr Phill Cronin Cr Jodie Richards Cr Mikayla Love

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Ms Lee Reddell, A/ Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Ms Sarah Pierson, A/ Director, Finance and Corporate Services

Mrs Emma Heys, Governance Coordinator

 

Apologies:

 

Nil

 

Approved Leave of Absence:

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

5

3.               Prayer

The prayer was delivered by Pastor Lee Sykes of the Cornerstone Church Busselton.

 

4.               Application for Leave of Absence 

Nil

 

5.               Disclosure Of Interests

Nil

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

Mayor Grant Henley welcomed all in attendance to the first meeting of the year and wished everyone a happy 2022.

 

The Mayor acknowledged those that worked over the holiday period, and gave gratitude to the volunteers, Bush Fire Brigades and all agencies who were called to action on several occasions over the summer period.

 

The Mayor acknowledged Australia Day (tomorrow) is a day for celebrating, respecting and enjoying the day.

 

7.               Question Time For Public

Prior to Public Question Time commencing the Mayor advised that the questions taken on notice at the previous meeting had been circulated and would be tabled in the minutes.

Response to Previous Questions Taken on Notice

 

The following questions were taken on notice by the Council at the 8 December 2021 Ordinary Council meeting:

 

 

7.1             Mr Don Evill

 

Question

Can we see the details of that lease agreement? [agreement with Hilton about lease of car parking]

 

Response

(Ms Sarah Pierson, A/Director Finance and Corporate Services)

The City will responsible for constructing the carpark at the southern side of the hotel building (i.e between Marine Terrace and the hotel building). A number of parking bays within this carpark will be leased to the Hilton Hotel for their exclusive use.

 

 

7.2             Mr Gordon Bleechmore

 

Question

How many extraction licences have a caveat placed on the property owner’s title?

 

Response

(Mr Paul Needham, Director Planning and Development Services)

There are currently two extractive industry sites over which the City has lodged caveats. As it would involve the sharing of third party information, the City will not provide information on who those property owners are.

 

Question

Who with an extraction licence issued by the City of Busselton has a caveat placed on their property title?

 

Response

(Mr Paul Needham, Director Planning and Development Services)

(as per above response) There are currently two extractive industry sites over which the City has lodged caveats. As it would involve the sharing of third party information, the City will not provide information on who those property owners are.

 

Question

In most extraction licences, a pit survey must be conducted within a certain date after the licence has been issued. Do all current extraction licences in the City of Busselton meet this condition?

 

Response

(Mr Paul Needham, Director Planning and Development Services)

 

Since around 2017, conditions have been applied to extractive industry approvals requiring periodic, usually annual, audit reports to be prepared and submitted by the landowners. At present, 17 extractive industry approvals contain this condition. This condition is to assist with ensuring extractive industry activities are occurring consistent with conditions of approval, and to place greater onus on the landowner to demonstrate that compliance has been achieved. The submission of a site survey will often be a requirement of the annual audit reports.

 

Industry compliance with these conditions has been inconsistent, and there are operating sites that are not complying. This is a focus of current extractive industry compliance activity by the City.

 

What happens if the State invoked an order to source materials from a pit with a suspended or cancelled licence?

 

Response

(Mr Paul Needham, Director Planning and Development Services)

 

It is understood this may be a reference to the potential for Main Roads (or perhaps other State agencies) to extract material without development approval having been obtained. State agencies undertaking public works may do so without having first obtained development approval under a local government town planning scheme, by virtue of Section 6 of the Planning and Development Act 2005, but prior to doing so, the State agency is to have –

(2)…due regard to —

(a) the purpose and intent of any planning scheme that has effect in the locality where, and at the time when, the right is exercised; and

(b) the orderly and proper planning, and the preservation of the amenity, of that locality at that time; and (c) any advice provided by the responsible authority in the course of the consultation required under subsection (3) in respect of the exercise of the right.

 

 The State agency must also –

(3) At the time when a proposal for any public work, or for the taking of land for a public work, is being formulated, the responsible authority is to be consulted as to whether the undertaking, construction or provision of, or the taking of land for, the public work will be consistent with the matters referred to in subsection (2)(a) and (b).

In addition, similar approval exemptions do not apply under other relevant legislation, most notably the (State) Environmental Protection Act 1986 and Rights in Water and Irrigation Act 1914, and the (Commonwealth) Environmental Protection and Biodiversity Conservation Act 1999.

 

Question

When will the plastic be removed from the peppermint trees behind the Weld Theatre?

 

Response

(Mr Oliver Darby, Director Engineering and Works Services)

The health of those trees is being monitored.  Once we are satisfied the trees have sufficiently recovered to be able to withstand grazing by Western Ringtail Possums, the bands will be removed.  This is an ongoing management process that may result in the bands being removed and also reinstated as required.

 

Question Time for Public

 

7.3             Mr Keith Sims

 

Question

What steps are being taken to update the [BPACCC] business case and LTFP now that one of your stakeholders who were also part of the Catalyst Survey, will now not be using the BPACC, changing the income? And noting that the business case still has reference to the Creative Industries Hub, which is no longer part of the BPACC for income purposes.

 

(Ms Naomi Searle, Director Community and Commercial Services)

A full review and update of the business case is currently being undertaken as we will be submitting a funding application to Building Better Regions, round 6, for a contribution towards the art gallery.

 

In regards to the GMAS performing arts centre, the City’s operational business plan did refer to that as being a potential development and we do not believe the development of the GMAS performing arts centre will have a negative impact on the BPACC financial projections we have made. We believe that the projections of bookings that we’ve made based on a community and commercial basis are quite conservative, nor do we believe a performing arts centre located in a school will have a detrimental impact on the BPAC.

 

There are a number of constraints associated with performing arts centres that are located in schools, operating commercially due to the amount of policies and procedures schools need to follow.

 

Question

The interest rate on the BPACC loan went from 1.97% to 2.5% I think, what is this increase?

 

Response

(Mr Mike Archer, CEO)

I am not aware of the figures you are quoting. We have locked some loans in below 2.5%.

 

Question

Would GMAS be making as much money or charging as much as the BPACC [for their facility]?

 

Response

(Mayor Grant Henley)

We haven’t seen a development application and are not aware of a business case that has been put to the Anglican Schools Commission, but that is irrelevant given the previous answer.

 

Question

Can you please confirm at what stage the Life Cycle Management Plan document is due given that GMAS and Creative Industries Hub revenue is not being included and how do we get a copy of that document.

 

Response

(Ms Naomi Searle, Director Community and Commercial Services)

I will take that on notice.

 

Question

The Council previously confirmed that the revenue from the sale of the Ambergate Land, which was fortunately not resolved to sell, would not be allocated to the BPACC. The business case in January 21, page 68 states that Council has allocated the BPACC as the beneficiary of the proceeds of the sale of land, surplus to the City’s requirements. What action is being taken to revise the business case to delete that statement of the BPACC being the beneficiary of proceeds from the sale of land in the future?

 

(Mayor Grant Henley)

There was a resolution of Council in approximately 2014, following an audit of land in the Busselton district which was undertaken to identify land suitable for sale. The resolution at the time stated that proceeds from the sale of land were to go towards a performing arts centre.

 

The sale of the Ambergate land didn’t go ahead, but if it had, part of the officer recommendation would have been that the funds from the sale of land did not go towards the BPACC.

 

 

7.4             Mr Gordon Bleechmore

 

Question

From my understanding, the CEO made a statement which was contrary to the Council resolution you just referred to. Are you stating that the resolution still stands, where do the Council sit on this?

 

Response

(Mayor Grant Henley)

There was a recommendation in the report on the sale of the Ambergate land, which would have seen the proceeds would go towards another strategic land purchase and not the BPACC.

 

Question

In the conditions [of a extraction license], were officers given the right to place a caveat on the property of Mr Forrest?

 

Response

(Ms Lee Reddell, A/Director Planning and Development Services)

I am not familiar with that development application. We will take that on notice.

 

Question

My understanding is that the resolution Council passes and the conditions resolved on are a direction to staff and staff cannot add further conditions unless it comes back to Council, is that correct?

 

Response

(Mayor Grant Henley)

Other refinements may be applied, for example, a dust management plan to the satisfaction of staff.

 

Question

Recently, City compliance officers entered Mr Forrest extraction site unannounced and uninvited and attempted to stop works. Are City compliance officers allowed to enter a site without approval?

 

Response

(Mayor Grant Henley)

We will take that on notice. It is part of an ongoing investigation.

 

In general terms then?

 

Response

(Ms Lee Reddell, A/Director Planning and Development Services)

Authorised officers are permitted to enter the site when undertaking compliance investigations in accordance with the Planning and Development Act.

 

Question

How long do you envisage the peppermint trees at the Weld Theatre will be there for?

 

Response

(Mr Mike Archer, CEO)

They are to be removed very shortly.

 

Question

If that's the case, and that was certainly the my expectation, I'm pretty disappointed in the answers that I've received from my earlier questions taken on notice as to why you put plastic around the trees that were going.

 

Response

(Mr Mike Archer, CEO)

The decision to proceed with the BPACC was made in November.  Until this time the trees were being managed as per normal processes.

 

Question

What is the Council’s policy regarding the time for phone calls, emails and questions taken on notice to be answered?

 

Response

(Ms Sarah Pierson, A/Director Finance and Corporate Services)

In relation to questions taken on notice, the City’s Standing Orders states before the next ordinary meeting.

 

We will take the rest of that question on notice.

 

 

7.5             Mr Don Evill

 

Question

How many car parking bays within the car park will be leased to the Hilton Hotel for exclusive use? Is there no other priority parking for the Hilton?

 

Response

(Ms Naomi Searle, Director Community and Commercial Services)

There are 30 bays and the lease fee is $5000 per annum, increase by CPI each year.

 

Response

(Mr Mike Archer, CEO)

There are additional bays adjacent to and behind the Hilton Hotel that will be open to the public.

 

(Mayor Grant Henley)

Not for exclusive use of the Hilton Hotel.

 

Question

Are car park rents calculated with reference to the requirements under the City policy in relation to cash in lieu for carpark contributions.

 

Response

(Ms Sarah Pierson, A/Director Finance and Corporate Services)

The car park fees are calculated with reference to the policy, which assisted in determining what the contribution would be worked out over the life of the agreement. The lease term is over 60 years. $5000 over 60 years equates to $300,000, which equates to $10,000 per car bay.

 

Question

Why is the payment different for different businesses?  Others seem to be paying more I'm told.

 

Response

(Mr Mike Archer, CEO)

We use different models for different businesses as per individual negotiations.

 

Response

(Ms Lee Reddell, A/Director Planning and Development Services)

Local Planning Policies are a guiding document and each application is considered on its merits. In this case, the proposed hotel is surrounded by a significant amount of public parking, which contributed to the availability that could potentially be used by the site. 30 car bays was deemed the minimum that would be appropriate for a development of that nature.

 

It is worth noting that two processes are being applied here, which is the development assessment process, which was determined by the JDAP and then there is the licence agreement which has been negotiated between the City and the hotel providers.

 

In those negotiations, my understanding is that the car parking policy was referenced in terms of how many bays would be appropriate the policy was used as a reference. They are separate negotiations, separate processes, but the local planning policy was used to inform the rate that was set for the car parking over the life of the lease.

 

Question

Is the Council going to ensure that the 93 car bays from old Target area will be reinstated?

 

Response

(Mayor Grant Henley)

There will be multistorey car par built at that site.

Previous Council Meetings

8.1             Minutes of the Council Meeting held 8 December 2021

COUNCIL DECISION C2201/001              Moved Councillor P Carter, seconded Councillor R Paine That the Minutes of the Council Meeting held 8 December 2021 be confirmed as a true and correct record. CARRIED 9/0

 

Committee Meetings

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

COUNCIL DECISION C2201/002              Moved Councillor K Cox, seconded Councillor J Richards That the Minutes of the Policy and Legislation Committee Meeting held 8 December 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

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 C2201/003              Moved Councillor P Cronin, seconded Councillor S Riccelli That the Committee and Officer Recommendations in relation to the following agenda items be carried en bloc: 12.1        Policy and Legislation Committee - 8/12/2021 - COUNCIL POLICY REVIEW: RECORDING AND LIVESTREAMING OF COUNCIL PROCEEDINGS AND COMMUNITY ACCESS SESSIONS 12.3        Finance Committee - 19/1/2022 - LIST OF PAYMENTS MADE - NOVEMBER 2021 12.4        Finance Committee - 19/1/2022 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2021 12.5        Finance Committee - 19/1/2022 - RATING DEBT COLLECTION 17.1        Councillors' Information Bulletin CARRIED 9/0 En Bloc

 

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.

COUNCIL DECISION C2201/004              Moved Councillor P Cronin, seconded Councillor S Riccelli 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. CARRIED 9/0 En Bloc

 

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).

 

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 of 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.

 

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		19		25 January 2022
12.1	Attachment a		Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Tracked)

 

Council		22		25 January 2022
12.1	Attachment b		Proposed Amended Council Policy: Recording and Livestreaming of Council Meetings and Community Access Sessions (Clean)

 

Council		23		25 January 2022
12.1	Attachment c		Current Policy: Recording and Livestreaming of Council Meetings

 

12.3           Finance Committee - 19/1/2022 - LIST OF PAYMENTS MADE - NOVEMBER 2021

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	Financial Operations
BUSINESS UNIT	Financial Services
REPORTING OFFICER	Manager Financial Services - Paul Sheridan
AUTHORISING OFFICER	Acting Director, Finance and Corporate Services – Sarah Pierson
NATURE OF DECISION	Noting: The item is simply for information purposes and noting
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Attachment a   List of Payments - November 2021⇩

 

This item was considered by the Finance Committee at its meeting on 19/1/2022, the recommendations from which have been included in this report.

COUNCIL DECISION C2201/005              Moved Councillor P Cronin, seconded Councillor S Riccelli That the Council notes payment of voucher numbers M119008 – M119050, EF083070 – EF083912, T7578 – T7580, DD004658 – DD004693, as well as payroll payments, together totaling $8,492,817.32 CARRIED 9/0 En Bloc

 

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of November 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 November 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.

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 November 2021 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

Council		40		25 January 2022
12.3	Attachment a		List of Payments - November 2021

 

12.4           Finance Committee - 19/1/2022 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2021

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	Financial Services
BUSINESS UNIT	Financial Services
REPORTING OFFICER	Manager Financial Services - Paul Sheridan
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   Loan Schedule - November 2021⇩ Attachment b    Investment Report - November 2021⇩ Attachment c    Financial Activity Statement - November 2021⇩

 

This item was considered by the Finance Committee at its meeting on 19/1/2022, the recommendations from which have been included in this report.

COUNCIL DECISION C2201/006              Moved Councillor P Cronin, seconded Councillor S Riccelli That the Council receives the statutory financial activity statement reports for the period ending 30 November 2021, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations 1996. CARRIED 9/0 En Bloc

OFFICER RECOMMENDATION

That the Council receives the statutory financial activity statement reports for the period ending 30 November 2021, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations 1996

 

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 30 November 2021.

 

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 26 July 2021, the Council adopted (C2107/140) the following material variance reporting threshold for the 2021/22 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 can be provided as required to further supplement the information comprised within the statutory financial reports.

Comments on Financial Activity to 30 November 2021

The Statement of Financial Activity (FAS) for the year to date (YTD) shows an overall Net Current Position of $34.1 as opposed to the budget of $18.8M. This represents a positive variance of $15.3M YTD.

 

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.

 

Revenue from Ordinary Activities

In total, revenue from Ordinary Activities is very close to budget at only 1.20% ahead YTD.  There is however two material variance items requiring comment.

                                   

1.      Other Revenue

Ahead of YTD budget by $233K, or 298.1%, mainly due to the items listed in the table below:

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $3.8M, or 10.4%, less than expected when compared to the budget YTD as at November. The expense line items on the face of the financial statement that have a YTD variance that meet the material reporting threshold are outlined below.

 

2.     Materials & Contracts

Less than YTD budget by $1.3M.  The main contributors to this variance are listed in the table below:

 

3.      Utilities

         Underspent compared to YTD November budget by $110K, or 10.5%, due to:

 

4.      Other Expenditure  

$1.4M, or 52.3%, under the budget YTD. The main contributing items are listed below:

 

 

5.      Non-Operating Grants, Subsidies & Contributions  

The negative variance of $5.3M is mainly due to the items in the table below. It should be noted that any negative variance in this area will approximately correlate to an offsetting positive underspend variance in a capital project tied to these funding sources. This can be seen in the section below that outlines the capital expenditure variances.  Where this is not the case, the reconciliation of the projects and the required funding to be recognised in revenue is not completed until closer to year end.

 

6.      Capital Expenditure  

As at 30^th November 2021, there is an underspend variance of 76.1%, or $17.9M, in total capital expenditure, with YTD actual at $5.6M against the YTD budget of $23.6M. A large 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 and Restricted Assets 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:

 

7.      Proceeds From Sale of Assets  

YTD there have been no proceeds from sale of assets recorded against the YTD budget of $195K. This is due to the continuing delays in delivery of acquisitions, and the associated transfer to auction of the vehicles being replaced.  Some vehicles that were planned to be traded/auctioned have also been retained and redeployed instead. 

 

8.     Total Loan Repayments - Principal

         Repayments of the principal on loans is $141K under budget YTD, due to the loan for the BPACCC not proceeding in timeframe as budgeted.

 

9.      Transfer to Restricted Assets  

There is a YTD variance in transfers to Restricted Assets of $5.4M as there is no budget for this item.

 

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 (or unspent portions thereof). The following grants, totaling $4M, have been received and transferred to Restricted Assets for which there was no budgeted transfer:

·    $50K for the Causeway Road Shared Path Project from the Department of Transport;

·    $2.25M for various roads projects from Main Roads, State Blackspot Fund, the Regional Roads Program and the Road Safety Innovation Fund;

·    $80K for the Dunsborough youth space project from the Department of Primary Industries and Regional Development;

·    $54K from Lotterywest for the Strengthening & Adapting Organisations program;

·    $526K from DFES for the Mitigation Activity Fund and shared costs of the Emergency Services Manager;

·    $30K from the Federal Government Community Grants Hub for Community Child Care Sustainability programs;

·    $11K from the South West Catchment Council - National Landcare Program for the planting of 4,000 seedlings;

·    $20K from Australia’s South West to fund an aviation research report for the Recovery for Regional Tourism Project Control Group;

·    $100K from the Department of Primary Industries & Regional Development for the expansion of the CCTV network;

·    $20K from Rio Tinto for Youth Development Services;

·    $4.9K from the Busselton Senior Citizens to go towards the expansion project;

·    $137K from the Department of Industry, Science, Energy and Resources for improvements to safety and accessibility at the airport;

·    $100K from the Southwest Development Corporation do develop a training and marketing campaign to build a pool of skilled hospitality workers in the region;

·    $130K from the Department of Primary Industries & Regional Development’s Community Stewardship Program, for the removal of sediment in the lower Vasse river;

·    $250K from Rio Tinto for the BPACCC project; and

·    $30K from the Department of Primary Industries & Regional Development’s Small Grants Program 2021 for the upgrade of the women’s change rooms at Bovell Sports Park.

 

Developer contributions, deposits and bonds are inherently hard to predict and budget for. An annual amount of $22K was budgeted for later in the year, however $1.4M has been received YTD, with $329K for road works bonds and $508K for caravan park deposits.

 

10.   Transfer from Restricted Assets

YTD there has been $2M transferred from Restricted Assets into the Municipal Account. This was mainly attributable to $605K of Bushfire Mitigation Activity funds that did not need to be restricted, $200K from Department of Primary Industries & Regional Development used for CCTV expansion and training of hospitality workers, and $579K of various roadworks grant & bond funding that has been utilised.

 

Investment Report

Pursuant to the Council’s Investment Policy, a report is to be provided to the Council on a monthly basis, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio. The report is also to provide details of investment income earned against budget, whilst confirming compliance of the portfolio with legislative and policy limits.

 

As at 30^th November 2021 the value of the City’s invested funds remained at $94.4M, unchanged from $94.4M as at 31^st October 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) remains at $6.5M.

 

During the month of November three term deposits totalling the amount of $9M matured. These were renewed for a further 167 days at 0.33% on average.

 

The official cash rate remains steady for the month of November at 0.10%.  This will continue to have an impact on the City’s interest earnings for the foreseeable future.

 

During the month there were no new loans entered into or drawn down.  The attached Loan Schedule outlines the status of all existing loans as at November YTD.

 

Chief Executive Officer – Corporate Credit Card

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

 

* Funding from CEO’s professional development allowance under contract.

 

Donations & Contributions Received

During the month no donations or contributions were received.

 

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

As at 30 November 2021, the City’s net current position stands at $34.1M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.  

Council		61		25 January 2022
12.4	Attachment a		Loan Schedule - November 2021

 

Council		62		25 January 2022
12.4	Attachment b		Investment Report - November 2021

 

Council		73		25 January 2022
12.4	Attachment c		Financial Activity Statement - November 2021

 

12.5           Finance Committee - 19/1/2022 - RATING DEBT COLLECTION

STRATEGIC THEME	LEADERSHIP - A Council that connects with the community and is accountable in its decision making.
STRATEGIC PRIORITY	4.5 Responsibly manage ratepayer funds to provide for community needs now and in the future.
SUBJECT INDEX	Rating Debt Collection
BUSINESS UNIT	Finance and Corporate Services
REPORTING OFFICER	Rates Coordinator - David Nicholson
AUTHORISING OFFICER	Acting Director, Finance and Corporate Services - Sarah Pierson
NATURE OF DECISION	Noting: The item is simply for information purposes and noting
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Nil

This item was considered by the Finance Committee at its meeting on 19/1/2022, the recommendations from which have been included in this report.

COUNCIL DECISION C2201/007              Moved Councillor P Cronin, seconded Councillor S Riccelli That the Council notes the information contained in this report. CARRIED 9/0 En Bloc

OFFICER RECOMMENDATION

That the Council notes the information contained in this report.

EXECUTIVE SUMMARY

This report is to provide Council with information on the total rating debts currently owed and the existing and proposed procedures so as to recover these debts.

 

BACKGROUND

In the past debt collection, in particular collection via the Court or under provisions of the Local Government Act 1995 (the Act), has been sparingly undertaken, and particularly in recent times given the City’s Covid Financial Hardship position. This has resulted in a number of rateable properties now having rating debts of three or more financial years. As at the 9^th December 2021 there were 1,541 properties that owed $3,768,978 in rating arrears and/or overdue 2021/22 rating balances (NOTE: This excludes properties that have elected to pay via an allowed payment option).

 

The City has commenced a rating review program the primary of which is in relation to fairness and equity of our rating processes throughout the District.  As a part of this review officers have identified the need to more proactively utilise available recovery means to recover outstanding debts.  It is therefore intended in this financial year to recover these rating debts through Court proceedings and / or provisions of the Act.

 

OFFICER COMMENT

Under section 6.56 of the Act, unpaid rates and service charges may be recovered, as well as costs, in a court of competent jurisdiction. Additional unpaid charges may be recovered by garnisheeing a property’s rental under section 6.60 of the Act.

If neither of these recovery proceedings are possible due to there being a reasonable belief that recovery costs will equal or exceed the value of the land or, after making reasonable efforts, the owner cannot be located, then recovery can be under section 6.64 of the LGA where there is 3 full years of unpaid rates.

 

The following are the steps that can be taken under each of these recovery procedures.

 

Details of procedures that have or will be undertaken to recover the existing $3,768,978 of rating debts are depicted in the following notes and flow diagrams.  Diagram 1 details the properties currently subject to recovery proceedings either through the Court or under Section 6.64 of the Act.  The amounts represent the value of debts outstanding.

 

Diagram 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In addition there are a further 4 properties with a total debt values of $41,590, unable to be recovered via court recovery proceedings due to the costs equaling or exceeding the property value or the owners being unable to be located.  Additional processes are required in relation to these 4 properties.     

 

Diagram 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statutory Environment

As outlined in the officer comment section of this report recovery can be undertaken through the Magistrates Court (Civil Proceedings) Act 2004 and / or under the Act.  Council has delegated its powers to the CEO under the LGA on sections 6.56, 6.60, and 6.64.

 

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 for Council as all costs associated with debt recovery is recoverable under section 6.56 of the LGA.

 

Stakeholder Consultation

Prior to any recovery action being taken the City issues multiple notices to the property owners in regards to their outstanding debts.  The City also works with property owners to negotiate acceptable payment plans, in order to avoid legal recovery action.  Once legal recovery action is commenced there are multiple opportunities for the property owner to make good on their debt.

Risk Assessment

While there is a level of reputational risk associated with legal recovery proceedings, and in particular seizure and sale of property, this risk is considered low.  It is also considered against the reputational and financial risk of not taking any action against those people who consistently fail to pay their rates.

 

Options

While the intent of this report is to provide information only for Council, the Council could choose to provide additional direction to the CEO in relation to the exercise of his delegation in relation to recovery proceedings under the Act.

 

CONCLUSION

Recovery proceedings as set out in this report are intended to reduce the amount of rating debts owed to the City and to further the City’s aims of a fair and equitable approach to rating across the District.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

It is expected that debt recovery procedures will commence in January and February 2022

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⇩

 

COUNCIL DECISION C2201/008              Moved Councillor P Cronin, seconded Councillor S Riccelli 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 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       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.

 

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 for a decision on the tender at its meeting on 25 January 2021. 

 

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.

 

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		93		25 January 2022
17.1	Attachment a		Community Assistance Program (CAPs)

 

 

Council		94		25 January 2022
17.1	Attachment b		Letter from Air Force - Successful Airport Open Day

 

Council		95		25 January 2022
17.1	Attachment c		Letter from Department of Transport - Unsuccessful RBFS Dolphin Rd

 

Council		96		25 January 2022
17.1	Attachment d		Letter from Department of Transport - Unsuccessful RBFS Dunsborough

 

Council		97		25 January 2022
17.1	Attachment e		Letter from Minister for Transport - Port Geographe Beach Works

 

 

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

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.

COUNCIL DECISION C2201/009              Moved Councillor P Cronin, seconded Councillor R Paine That the Council adopt the amended Council policy: Elected Member Training and Professional Development (the Policy) (Attachment A) to replace the current policy. CARRIED 9/0 absolute majority

 

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’.

 

 

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.

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		103		25 January 2022
12.2	Attachment a		Amended Council Policy Final

 

Council		106		25 January 2022
12.2	Attachment b		Amended Council Policy Changes Tracked

 

 

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

 

COUNCIL DECISION C2201/010              Moved Councillor P Carter, seconded Councillor K Cox 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. CARRIED 9/0 absolute majority

 

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.

 

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 18^th 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.

 

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.

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.

 

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.

 

13.             Planning and Development Services Report

Nil

14.             Community and Commercial Services Report

Nil

Nil

16.             Motions of which Previous Notice has been Given

Nil

 

17.             urgent business

Nil

 

18.             Confidential Reports  

Nil

 

 

 

 

 

The Presiding Member closed the meeting at 6.19pm