city of bunbury council minutes 2 november 2021

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

City of Bunbury Council Minutes 2 November 2021

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Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 6

2. Disclaimer ............................................................................................................................................... 6

3. Announcements from the Presiding Member ........................................................................................ 6

4. Election of the Deputy Mayor................................................................................................................. 7

5. Attendance ........................................................................................................................................... 10

5.1 Apologies .............................................................................................................................. 10 5.2 Approved Leave of Absence ................................................................................................. 10

6. Declaration of Interest .......................................................................................................................... 11

7. Public Question Time ............................................................................................................................ 11

7.1 Public Question Time ........................................................................................................... 11 7.2 Responses to Public Questions Taken ‘On Notice’ ............................................................... 11

8. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ......................................... 12

8.1 Minutes ................................................................................................................................ 12 8.1.1 Minutes – Ordinary Council Meeting .................................................................. 12 8.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............. 12

9. Petitions, Presentations, Deputations and Delegations ....................................................................... 13

9.1 Petitions ............................................................................................................................... 13 9.2 Presentations ....................................................................................................................... 13 9.3 Deputations .......................................................................................................................... 13 9.4 Council Delegates’ Reports .................................................................................................. 13 9.5 Conference Delegates’ Reports ............................................................................................ 13

10. Method of Dealing with Agenda Business ............................................................................................ 14

11. Reports .................................................................................................................................................. 15

11.1 2021 Women in Leadership Conference (listed as 11.2.1 in the agenda) ........... 15 11.2 Schedule of Accounts Paid for the 1 September 2021 to 30 September 2021

(listed as 11.3.4 in the agenda) ........................................................................... 18 11.3 Community Representative Appointments to Co-Design Access Panel (listed

as 11.4.1 in the agenda) ...................................................................................... 19 11.4 Proposed Carport LOT1 (#25) Queensbury Street South Bunbury (listed as

11.4.2 in the agenda) .......................................................................................... 22 11.5 Appointments to Council Committees (listed as 11.3.1 in the agenda) .............. 27 11.6 Representation on City of Bunbury Working Groups (listed as 11.3.2 in the

agenda) ............................................................................................................. 39 11.7 Appointment to External Committees (listed as 11.3.3 in the agenda) .............. 44

12. Applications for Leave of Absence ........................................................................................................ 57

13. Motions on Notice ................................................................................................................................ 57

Table of Contents

Item No Subject Page

14. Questions from Members ..................................................................................................................... 57

14.1 Response to Previous Questions from Members taken on Notice ...................................... 57 14.2 Questions from Members .................................................................................................... 57

15. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 57

16. Meeting Closed to Public ...................................................................................................................... 58

16.1 Matters for which the Meeting may be Closed ................................................................... 58 16.1.1 Request for Tender - City of Bunbury Website ................................................... 58

16.2 Public Reading of Resolutions that may be made Public ..................................................... 60

17. Closure .................................................................................................................................................. 60

2 November 2021 Minutes – Council Meeting

Acknowledgement of Country

We acknowledge the Traditional Custodians of this land, the Wardandi Noongar people, and pay our respects to Elders past, present and future.

Vision

Bunbury: welcoming and full of opportunities.

Organisational Values

#WEARECOB

WE ARE COMMUNITY

We are one team We keep each other safe We display empathy and respect We have fun and celebrate our successes We work together to achieve great outcomes

WE ARE OPEN

We are open to opportunities We actively listen and think things through We are inclusive and treat everyone equally We are honest and open in our communications We are open to feedback to improve our performance

WE ARE BRAVE

We lead the change, we own it We trust and empower each other We have the difficult conversations early We hold ourselves to the highest standard We have the courage to improve and simplify


Nature of Council’s Role in Decision Making Advocacy: When Council advocates on its own behalf or on behalf of its community to

another level of government/body/agency. Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting

plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative: Includes adopting local laws, town planning schemes and policies. Review: When Council reviews decisions made by Officers. Quasi-Judicial: When Council determines an application/matter that directly affects a person’s

rights and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


1. Declaration of Opening / Announcements of Visitors

The Mayor declared the meeting open at 5.30pm.

2. Disclaimer The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk. Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application. Copyright Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury. Recording and Webstreaming of Meetings • All Ordinary and Special Council Meetings are electronically recorded except when Council

resolves to go behind closed doors • All recordings are retained as part of the City’s records in accordance with the General

Disposal Authority for Local Government Records produced by the Public Records Office • The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-

Stream.aspx • Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-

Videos-2021.aspx • Images of the public gallery are not included in the streaming, however the voices of

people in attendance may be captured and streamed. • If you have any issues or concerns regarding the live streaming and recording of meetings,

please contact the City’s Governance Officer on 9792 7273.

3. Announcements from the Presiding Member

The Mayor acknowledged that this was the first meeting of the new Council since the 2021 elections, and congratulated those elected. The Mayor also welcomed the new Director Strategy and Organisational Performance Karin Strachan.

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2021.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2021.aspx


4. Election of the Deputy Mayor

Applicant/Proponent: Internal Report Author: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion: ☐ Advocacy

☒ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Nil Pursuant to Clause 7 of Division 2 of Schedule 2.3 of the Local Government Act 1995, the Council is required to appoint a Deputy Mayor at its first meeting following an Ordinary Election Day. Accordingly, the Mayor will call for Councillors to nominate as candidates at the meeting, or alternatively nominations may be made in writing to the CEO prior to the meeting. All Councillors, including newly elected Councillors are eligible to nominate. The roles and responsibilities of the Deputy Mayor are outlined in the Local Government Act 1995: 2.9 Role of the deputy mayor or deputy president

The deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section 5.34.

Section 5.34 states: 5.34 When deputy mayors and deputy presidents can act

If – (a) the office of mayor or president is vacant; or

(b) the mayor or president is not available or is unable or unwilling to perform the functions of the mayor or president,

then the deputy mayor may perform the functions of mayor and the deputy president may perform the functions of president, as the case requires.

2.8 Role of mayor or president (1) The mayor or president - (a) presides at meetings in accordance with this Act; (b) provides leadership and guidance to the community in the district; (c) carries out civic and ceremonial duties on behalf of the local government; (d) speaks on behalf of the local government;

(e) performs such other functions as are given to the mayor or president by this Act or any other written law; and

(f) liaises with the CEO on the local government’s affairs and the performance of its functions.

The Deputy Mayor is also entitled to an amount equal to one quarter of the Mayoral allowance in addition to Council sitting fees.


In the event that there is more than one nomination for the position of Deputy Mayor, the Chief Executive Officer will act in the position of Returning Officer to conduct the ballot as required under the Local Government Act 1995. The ballot for the position of Deputy Mayor will be conducted pursuant to the provisions of Clauses 8 and 9 of Division 2 of Schedule 2.3 of the Local Government Act 1995 as outlined below: 8. How deputy mayor or deputy president is elected

(1) The council is to elect a councillor (other than the mayor or president) to fill the office.

(2) The election is to be conducted in accordance with the procedure prescribed by the

mayor or president, or if he or she is not present, by the CEO. (3) Nominations for the office are to be given to the person conducting the election in

writing before the meeting or during the meeting before the close of nominations. (3a) Nominations close at the meeting at a time announced by the person conducting

the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

(4) If a councillor is nominated by another councillor the person conducting the election

is not to accept the nomination unless the nominee has advised the person conducting the election, orally or in writing, that he or she is willing to be nominated for the office.

(5) The council members are to vote on the matter by secret ballot as if they were

electors voting at an election. (6) Subject to clause 9(1) the votes cast under subclause (5) are to be counted, and the

successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

(7) As soon as is practicable after the result of the election is known, the person

conducting the election is to declare and give notice of the result in accordance with regulations, if any.

9. Votes may be cast a second time

(1) If, when the votes are cast under clause 8(5) are counted, there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and, not more than 7 days later, a special meeting of the council is to be held.

(2) Any nomination for the office may be withdrawn, and further nominations may be

made, before or when the special meeting is held.


How to count votes and ascertain the result of an election is covered through the provisions of Schedule 4.1 of the Local Government Act 1995 as outlined below: 1. The number of votes given for each candidate is to be ascertained. 2. If the election is to fill the office of mayor or president, the candidate who receives the

greater or greatest number of votes is elected. 3. If the election is to fill one office of councillor, the candidate who receives the greater or

greatest number of votes is elected. 4. If the election is to fill 2 or more offices of councillor, the candidates elected are —

(a) the candidate who receives the greatest number of votes; and (b) the candidate who receives the next highest number of votes; and (c) the candidate who receives the next highest number of votes, and so on up to the number of offices to be filled.

5. If 2 or more candidates receive the same number of votes so that clause 2, 3 or 4 cannot be

applied, the returning officer is to draw lots in accordance with regulations to determine which candidate is elected.

The successful nominee will be declared elected to the position of Deputy Mayor for a two-year term and will be required to read and sign a form titled "Declaration for the Office of Deputy Mayor". Outcome of Meeting 2 November 2021 Nominations for the position of Deputy Mayor has been received as follows: 1. Cr Tresslyn Smith 2. Cr Karen Turner 3. Cr Gabi Ghasseb Voting was undertaken via secret ballot in accordance with legislation, with the winner being the candidate with the most votes. The results of the count were as follows: 1st Cr Tresslyn Smith with 8 votes 2nd Cr Karen Turner with 5 votes 3rd Cr Gabi Ghasseb with nil votes Cr Tresslyn Smith was declared the Deputy Mayor for the 2021-2023 term. The Mayor presided over the swearing-in of Cr Smith as Deputy Mayor.


5. Attendance Council Members: Presiding Member: Mayor J Miguel Members: Councillor W Giles Councillor K Turner Councillor B McCleary Councillor T Smith Councillor C Kozisek Councillor A Yip Councillor M Steck Councillor K Steele Councillor M Quain Councillor B Andrew Councillor G Ghasseb Councillor K Plumb Executive Leadership Team (Non-Voting) Chief Executive Officer Mr M Osborne Director Strategy and Organisational Performance Mrs K Strachan Director Sustainable Communities Mr G Barbour Director Infrastructure Mr G Harris City of Bunbury Officers (Non-Voting) Manager Governance Mr G Golinski Manager Finance Mr D Ransom Media and Engagement Officer Ms K Fielding Manager Strategy, Performance and Digital Mr S Hill Executive Assistant to the Mayor Mr L Murphy Others (Non-Voting) Members of the Public 10

5.1 Apologies Nil

5.2 Approved Leave of Absence Nil


6. Declaration of Interest Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences. Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.” Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s

land; or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.” Cr Andrew declared an impartiality interest in item 11.3.1 as he is an acquaintance of a number of the recommended community representatives for Council’s committees.

7. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

7.1 Public Question Time Nil 7.2 Responses to Public Questions Taken ‘On Notice’

Nil


8. Confirmation of Previous Minutes and other Meetings under Clause 19.1

8.1 Minutes

8.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the City of Bunbury Council held 12 October 2021 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 12 October 2021 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

Outcome of Meeting 2 November 2021

The recommendation (as printed) was moved by Cr Steele and seconded by Cr Giles.

The Mayor put the motion to the vote, and it was adopted to become the Council’s decision on the matter.

Council Decision 215/21 The minutes of the Ordinary meeting of the City of Bunbury Council held 12 October 2021 be confirmed as a true and accurate record. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

8.1.2 Minutes – Council Advisory Committees and Working/Project Groups Nil


9. Petitions, Presentations, Deputations and Delegations

9.1 Petitions Nil

9.2 Presentations Nil

9.3 Deputations Mr Eliot Rowe Mr Eliot Rowe requested to address item 11.4.2 ‘Proposed Carport LOT1 (#25) Queensbury Street South Bunbury.’

Council Decision 216/21

Pursuant to clause 6.9 (2)(b) of Council’s Standing Orders, Council approves Mr Eliot Rowe’s deputation request to address item 11.4.2 “Proposed Carport lot1 (#25) Queensbury Street South Bunbury,” and allows a period of up to 5 minutes to present to Council. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

9.4 Council Delegates’ Reports

Nil

9.5 Conference Delegates’ Reports Nil


10. Method of Dealing with Agenda Business Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc). Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e., without discussion) those recommendations listed for items 11.2.1, 11.3.4 and 11.4.1. Items 11.3.1, 11.3.2, 11.3.3 and 11.4.2 were discussed and voted on separately. All items have been renumbered with the items voted “by exception” listed first. The items “adopted by exception” were moved by Cr Andrew and seconded by Cr McCleary. Cr McCleary requested that item 11.4.2 “Proposed Carport lot1 (#25) Queensbury Street South Bunbury” be considered first to allow Mr Eliot Rowe to make his deputation prior to the remaining agenda items, to which the Mayor agreed.


11. Reports 11.1 2021 Women in Leadership Conference (listed as 11.2.1 in the agenda)

File Ref: COB/2208 Applicant/Proponent: Internal Responsible Officer: Liam Murphy, Executive Assistant to the Mayor Responsible Manager: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix CEO-1: Women Leaders Institute Convention Information Brochure

Summary The 8th Annual 2021 Women in Leadership Conference will be held in Perth from Tuesday 23 to Wednesday 24 November 2021. For the last 9 years, the Women Leaders Institute have created a safe space for emerging and established leaders to be inspired, connect and grow. This conference has some of the region’s most powerful thought leaders that aim to teach attendees how to overcome self-doubt, embrace new opportunities, and unapologetically take a seat at the leadership table. The purpose of this report is for Council to consider the attendance at this conference of any Councillors that may be interested, as the cost for attendance exceeds the CEO’s authority to approve under the terms of Council’s Professional Development of Council Members policy. Executive Recommendation That Council authorises the attendance of Councillor Quain at the Women in Leadership Perth Conference to be held 23-24 November 2021. Voting Requirement: Simple Majority Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community Objective 4.1: A passionate advocate for the community, with strong partnerships to

amplify the outcomes that can be achieved Regional Impact Statement N/A

Background Cr McCleary had previously identified this professional development opportunity, and at the Ordinary Council Meeting held 31 August 2021 both Councillors McCleary and Turner were


approved to attend this conference (Council Decision 186/21). Given the fact that the City of Bunbury election has been held in the time since, it is thought there may be additional interest in attending, particularly from those newly elected on 16 October. To this extent Cr Quain has indicated that the conference is something that she would be interested in attending. Council Policy Compliance The following Council Policies are applicable: • Attendance at Events; • Professional Development of Council Members; and • Elected Member Entitlements. Legislative Compliance N/A Officer Comments For the past 9 years, the Women Leaders Institute has created a safe space for emerging and established leaders to be inspired, connect and grow. The Women in Leadership Conference provides an opportunity for women to further their leadership skills as well as to build their network to further their career opportunities. The conference is being held on 23 and 24 November 2021 in Perth and is also available to be attended online. The program involves 2 full days of activities including various workshops, speakers and panel discussions aimed at building leadership skills for emerging and established women leaders. Further information can be found at: http://perth.womenleadersummit.com/. Analysis of Financial and Budget Implications Women in Leadership Conference Conference fees are as follows and prices are per person and are all exclusive of GST: Convention Registration 2-Day Conference (Online Rate) $2,199 2-Day Conference $2,399 There are discounts available if the City are to register over 3 Elected Members to attend this training. Accommodation Estimated $250 (1 night) If an elected member were to attend the conference online, accommodation would not be required.

http://perth.womenleadersummit.com/


Any expenditure for this purpose will be incurred from the 2021/22 Elected Member Training Budget, which was adopted by Council in July 2021. Community Consultation Nil Councillor/Officer Consultation This matter is presented to Council for consideration. Applicant Consultation N/A Timeline: Council Decision Implementation Immediately following Council decision. Outcome of Meeting 2 November 2021

The recommendation (as printed) was moved by Cr Andrew and seconded by Cr McCleary.

The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s decision on the matter.

Council Decision 217/21 That Council authorises the attendance of Councillor Quain at the Women in Leadership Perth Conference to be held 23-24 November 2021. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


11.2 Schedule of Accounts Paid for the 1 September 2021 to 30 September 2021 (listed as 11.3.4 in the agenda)

File Ref: COB/3962 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Karin Strachan, Director Strategy & Organisational Performance Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: DSOP-1: Schedule of Accounts Paid Summary The City of Bunbury "Schedule of Accounts Paid" covering the period 1 September 2021 to 30 September 2021 is attached at Appendix DSOP-1. The schedule contains details of the following transactions;

1. Municipal Account – payments totalling $6,672,408.65 2. Trust Account – payments totalling $25,083.23 3. Visitor Information Centre Trust Account – payments totalling $9,251.55

Executive Recommendation The Schedule of Accounts Paid for the period 1 September 2021 to 30 September 2021 be received.

Voting Requirement: Simple Majority Outcome of Meeting 2 November 2021



Council Decision 218/21 The Schedule of Accounts Paid for the period 1 September 2021 to 30 September 2021 be received. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


11.3 Community Representative Appointments to Co-Design Access Panel (listed as 11.4.1 in the agenda)

File Ref: COB/1774 Applicant/Proponent: Internal Responsible Officer: Lorraine Crook, Community Partnerships Officer - Inclusion Responsible Manager: Sarah Upton, Manager Community Services Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☐ Legislative

☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Confidential Appendix CRUSC-7: External Member Assessment Matrix – Co-Design Access Panel (CoDAP)

Summary The purpose of this report is to select members of the Co-Design Access Panel (CoDAP) for a term of two years. This report is presented stand-alone and has not been included with the Working Group item at 11.3.2 as there is no Elected Member representation on the CoDAP). Executive Recommendation That Council endorse the preferred candidates as identified in Confidential Appendix CRUSC-7 as community members of the Co-Design Access Panel. Voting Requirement: Simple Majority Strategic Relevance Theme 1: Our community and culture Goal: A safe, health and cohesive community, with a rich cultural life and

supportive social environment. Objective 1.5: Establish Bunbury as the most accessible regional city in Australia. Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective 4.2: A highly-engaged and involved community, working together on strategy

development and implementation. Regional Impact Statement Nominations for the Co-Design Access Panel (CoDAP) are accepted from the Greater Bunbury area including the Shires of Harvey, Dardanup and Capel.


Background The CoDAP was established in 2019 as a result of the recommendations of the Most Accessible Regional City In Australia (MARCIA) report adopted by Council in 2018 (Council Decision 194/18). The term of the previous panel ended on 30 June 2021 and all positions became vacant. The CoDAP provides insight and expertise to City staff in the design and development of infrastructure, open spaces, parks, programs and services. Staff from the Sustainable Communities (Building Surveying and Planning) sit on the panel as members. The CoDAP is available to provide insight and expertise to projects being undertaken by external agencies within the City. The CoDAP meet at minimum four times per year and can be convened as requested. The CoDAP membership term is two years. Council Policy Compliance The CoDAP operates under the Council’s Code of Conduct. The City’s Disability Access and Inclusion Plan commitments are outlined in the Access and Inclusion Council Policy. Legislative Compliance Not applicable. Officer Comments Nominations were sought for community representatives and industry representative vacancies from 1 – 29 September 2021. Nominations were assessed against the selection criteria contained on the nomination forms. Applicants recommended for appointment are identified within the Confidential Appendix CRUSC-7 The current Terms of Reference identify membership of up to five community representatives with lived experience of disability (including family members and carers) and two industry representatives. Six nominations were received. Three community representatives with lived experience of disability and three industry representatives. Five nominees are recommended. One nominee was not recommended based on the strength of other nominations for those positions and the limitation on industry representation. Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations within this report. Community Consultation Not applicable.


Timeline: Council Decision Implementation Appointments to the committee will be effective immediately. Outcome of Meeting 2 November 2021



Council Decision 219/21 That Council endorse the preferred candidates as identified in Confidential Appendix CRUSC-7 as community members of the Co-Design Access Panel. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that those candidates endorsed are Tristan Payne, Jenny Pittman, Shane Hewerdine, Emily Northcott and Mohamed Asar.


11.4 Proposed Carport LOT1 (#25) Queensbury Street South Bunbury (listed as 11.4.2 in the agenda)

File Ref: DA/2021/202/1 Applicant/Proponent: Outdoor World Bunbury Responsible Officer: Justin Biggar Senior Planner Responsible Manager: Felicity Anderson, Manager City Growth Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy


☐ Review ☒ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSC-1: Executive Recommendation Appendix DSC-2: Location Plan Appendix DSC-3: Development Plans Appendix DSC-4: Site Photos Appendix DSC-5: Schedule of Submissions

Summary Development approval is sought for the construction of a ‘carport’ at Lot 1 (#25) Queensbury Street, Carey Park.

As part of the assessment process, the neighbouring property was notified of proposed variations to State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes) and Local Planning Policy 3.5 Minor Structures. A subsequent objection was received to the proposed carport height and impact on solar access.

Officers only have delegation to grant development approval where a valid planning objection can be addressed through the application of a condition and/or modification of the design, which does not apply in this instance. Accordingly, the application is referred to Council for determination with a recommendation of approval. Executive Recommendation That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), resolves to approve the application for a ‘carport,’ at Lot 1 (#25) Queensbury Street Carey Park in accordance with the conditions attached at Appendix DSC-1. Voting Requirement: Simple Majority Strategic Relevance Theme 3 Our places and spaces Goal A natural and built environment Objective 3.3 High-quality urban design, well-planned neighbourhoods with housing

choice, and appropriate provision for diverse land uses to meet the community’s needs.

Regional Impact Statement The proposal relates to an individual property and is not considered to have a regional impact.


Background The subject site is included within the Residential Zone with a density coding of R20. A locality plan is attached at Appendix DSC-2. A summary table of details relating to the subject site are as follows: Property Address: Lot 1 (#25) Queensbury St, Carey Park Zoning: Residential (R20) Existing Land Use: Single House Lot Area: 808 m2

The proposed carport is located on the western side of the existing dwelling adjacent to the outdoor living area and side access of the neighbouring property. Development plans and site photos are attached at Appendix DSC-3 and DSC-4.

During the submission period an objection was received to the proposed building height and overshadowing. Full details of the submission received is provided in the Schedule of Submissions attached at Appendix DSC-5.

Council Policy Compliance Not applicable. Legislative Compliance The following legislation and statutory planning instruments of the State and Local Planning Framework are applicable to the assessment of this application:

- Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - State Planning Policy 7.3 - Residential Design Codes (R-Codes); - City of Bunbury Local Planning Scheme No.8 (LPS 8); - Local Planning Policy 3.5 – Minor Structures including Outbuildings (LPP 3.5) Officer Comments State Planning Policy 7.3 – Residential Design Codes (R-Codes) The proposed development seeks variations to the deemed-to-comply requirements of the R-Codes in respect to the western lot boundary setback. The proposal is considered to satisfy the relevant Design Principles as per the below assessment: Residential Design Codes Clause

Requirement Proposed Design Principle Assessment

Cl 5.1.3 – Lot Boundary Setback

1m (3.2m H x 11.9m L)

Nil to posts • Carport is lightweight structure with minimal building bulk.

• The carport is located to the east of the neighbouring dwelling and meets solar access requirements (less


than 25% overshadowing of neighbouring site).

• A substantial portion of the carport (approx. 9m) is adjacent to a blank wall on the neighbouring property (refer site photos at Appendix DSC-4).

• As a non-habitable structure, there are no overlooking or visual privacy impacts.

• It is noted that if constructed as a garage rather than a carport, the resulting boundary wall of same dimensions (3.2m height x 11.9m length) would meet the deemed-to-comply standards and not require planning approval.

Local Planning Policy 3.5 – Minor Structures including outbuildings (LPP 3.5) The proposed development seeks a variation to the permitted carport height as per the local planning policy. The proposal is considered to satisfy the objectives of the policy as per the below assessment: LPP 3.5 clause Requirement Proposed Variation Assessment

Cl 8.6.1 – Carport height and size

2.7m height

3.2m • Carport satisfies the relevant Design Principles of the R-Codes and is not considered to impact the amenity of the neighbouring dwelling as per the above assessment.

• Carport is appropriately located, being to the side of the dwelling and behind the front setback.

• The proposed building height/bulk is consistent with the existing dwelling.

• The proposal is considered compatible with the residential setting and is consistent with the scale of built form in the immediate area (i.e – single storey).

• The carport is incidental to


the approved land use (single house) and is consistent with the objectives of the Residential Zone.

Following detailed assessment, the proposed carport is considered to meet the relevant elements of the local planning framework, including LPP 3.5, the R-Codes, LPS 8 and the Deemed Provisions. Analysis of Financial and Budget Implications This application for planning approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation The development application was advertised in accordance with the requirements of LPP 3.5 and clause 64 of the deemed provisions with an objection received. The schedule of submissions is attached at Appendix DSC-5. The submitters have been informed of the officer recommendation. Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Applicant Consultation Following the submission period and further consultation with the City, the applicant advised they wished to maintain the design as proposed. The applicant has been informed of the officer recommendation. Timeline: Council Decision Implementation Should Council refuse the application, the applicant has the option to lodge an appeal within 28 days of the date of the decision to the State Administrative Tribunal.



Mr Eliot Rowe provided a deputation in relation to this item.

The recommendation (as printed) was moved by Cr Steck and seconded by Cr Plumb.

Councillor McCleary moved, and Cr Ghasseb seconded a motion to defer the item to the Ordinary Council Meeting to be held 23 November 2021. The Mayor put the motion to the vote and it was LOST - 5 votes “For”/ 8 votes “Against.” Councillors Steele, Smith, McCleary, Quain and Ghasseb voted “for”, and Mayor Miguel and Councillors Steck, Andrew, Giles, Turner, Yip, Kozisek and Plumb Voted “against.”

The Mayor put the original motion to the vote, and it was adopted to become the Council’s decision on the matter.

Council Decision 220/21 That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), resolves to approve the application for a ‘carport,’ at Lot 1 (#25) Queensbury Street Carey Park in accordance with the conditions attached at Appendix DSC-1. CARRIED 7 votes “for” / 6 votes “against” Mayor Miguel and Councillors Andrew, Giles, Kozisek, Plumb, Steck and Turner voted “for” Councillors Ghasseb, McCleary, Quain, Smith, Steele and Yip voted “against”


11.5 Appointments to Council Committees (listed as 11.3.1 in the agenda)

File Ref: COB/386; COB/530; COB/526; COB/523; COB/517; COB/515; COB/516; COB/3797; COB/525

Applicant/Proponent: Internal Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Greg Golinski, Manager Governance Executive: Karin Strachan, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Confidential Appendix CRUSC-1: External Member Assessment Matrix – YAC Confidential Appendix CRUSC-2: External Member Assessment Matrix – BEAC Confidential Appendix CRUSC-3: External Member Assessment Matrix – DAIC Confidential Appendix CRUSC-4: External Member Assessment Matrix – DAIC – Service Provider Confidential Appendix CRUSC-5: External Member Assessment Matrix – HAC Confidential Appendix CRUSC-6: External Member Assessment Matrix – IR

Summary The City of Bunbury elections were held on Saturday 16 October 2021 to fill six Councillor vacancies and one Mayoral vacancy. Section 5.11 of the Local Government Act 1995 stipulates that positions on Council committees become vacant at each ordinary election day. The purpose of this report is for Council to consider Elected Member and community appointments to Council Committees. Executive Recommendation That Council: 1. Re-establishes the Audit Committee as a committee of Council and:

a) amends the membership composition of the Audit Committee from two (2) community representatives to one (1) community representative.

b) appoints Councillors _____________, _____________, ________________ and _____________ as members of the Audit Committee.

c) appoints Mr John Barratt as a community member of the Audit Committee.

2. Re-establishes the Youth Advisory Council as a committee of Council and: a) appoints Councillors ____________ and ____________ as members (non-voting) of

the Youth Advisory Council. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-1

as members of the Youth Advisory Council. 3. Re-establishes the Bunbury Event Advisory Committee as a committee of Council and:


a) appoints Councillors _____________, ________________ and _____________ as members of the Bunbury Event Advisory Committee.

b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-2 as the community members of the Bunbury Event Advisory Committee.

4. Re-establishes the CEO Performance Review Panel as a committee of Council and appoints

Councillors _____________, ________________, _____________, ________________ and _____________ as members of the CEO Performance Review Panel.

5. Re-establishes the Disability Access and Inclusion Committee as a committee of Council

and: a) appoints Councillors _____________, ________________ and _____________ as

members of the Disability Access and Inclusion Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-3

as the community members of the Disability Access and Inclusion Committee. c) appoints the preferred service provider as identified at Confidential Appendix

CRUSC-4 as the service provider on the Disability Access and Inclusion Committee.

6. Re-establishes the Heritage Advisory Committee as a committee of Council and: a) amends the membership composition of the Heritage Advisory Committee from

seven (7) to eight (8) community members, and two (2) Elected Members. b) appoints Councillors _____________ and _____________ as members of the

Heritage Advisory Committee. c) appoints the eight (8) preferred candidates as identified at Confidential Appendix

CRUSC-5 as community members of the Heritage Advisory Committee. 7. Re-establishes the Policy Review and Development Committee as a committee of Council

and appoints Councillors _____________, ________________, _____________, ________________ and _____________ as members of the Policy Review and Development Committee.

8. Re-establishes the International Relations Committee as a committee of Council and:

a) appoints Councillors _____________ and _____________ as members of the International Relations Committee.

b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-6 as community members of the International Relations Committee.

9. Appoints all other Elected Members as deputy members of each individual Council

Committee in accordance with Section 5.11A of the Local Government Act 1995. 10. Request that each committee undertake a review of its terms of reference with

recommendations to be made to Council in this regard by 30 April 2022. Voting Requirement: Absolute Majority


Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective 4.4: A skilled organisation, which exercise responsible asset stewardship, sound

financial management, and exemplary customer service. Theme 4: Our City. Goal: Civic leadership, partnerships and sound governance in delivering with and


development and implementation. Regional Impact Statement Not applicable Background Immediately prior to the 2021 City of Bunbury elections, Council operated with the assistance of eight (8) committees, established in accordance with section 5.8 of the Local Government Act 1995 (the Act). These were as follows: 1. Audit Committee 2. Youth Advisory Council (Formal) 3. Bunbury Event Advisory Committee 4. CEO Performance Review Panel 5. Disability Access and Inclusion Committee 6. Heritage Advisory Committee 7. Policy Review and Development Committee 8. International Relations Committee Council decision 161/21 on 10 August 2021 endorsed the continuation of these committees post-election for the purpose of advertising for community vacancies as applicable. All positions on committees become vacant on election day pursuant to section 5.11(1)(d) of the Act. Nominations were sought for all community representative vacancies during September 2021. Nominations were assessed against the relevant selection criteria contained on the nomination forms, with applications recommended for appointment identified within the Confidential Appendices CRUSC-1 to CRUSC-6. Council Policy Compliance Nil, with the exception of the CEO Performance Review Panel where Council Policy CEO Performance and Salary Review, clauses 1.1 and 1.2 states: 1.1 Council will appoint a CEO Performance Review Panel following every local government

election. 1.2 The Panel must comprise of five members. The Panel may include an independent observer.


Legislative Compliance Subdivision 2 of Division 2 of Part 5 of the Local Government Act 1995 deals with establishment of committees and their meetings. Section 7.1A of the Local government Act 1995 relates to Audit Committees and states: (1) A local government is to establish an audit committee of three (3) or more persons to

exercise the powers and discharge the duties conferred on it. (2) The members of the audit committee of a local government are to be appointed by the local

government and at least 3 of the members, and the majority of the members, are to be council members.

(3) A CEO is not to be a member of an audit committee and may not nominate a person to be a member of an audit committee or have a person to represent him or her as a member of an audit committee.

(4) An employee is not to be a member of an audit committee. Officer Comments Audit Committee An Audit Committee is a legal requirement under the provisions of section 7.1A of the Local Government Act 1995. Prior to the 2021 City of Bunbury election, the Audit Committee membership comprised four (4) Elected Members and two (2) community representatives. The Elected Members were Councillors Jaysen Miguel, Michelle Steck, Cheryl Kozisek and Mayor Gary Brennan. Nominations for the community positions have been sought with one application received. The applicant, Mr John Barratt, is recommended for appointment to the Audit Committee. Due to the reduced number of nominations received, it is recommended that the composition of the Committee be amended to one community representative. Youth Advisory Council The Youth Advisory Council (YAC) provides guidance to Council on issues affecting the youth of the Bunbury Region, and is also actively involved in youth driven initiatives. Prior to the 2021 City of Bunbury election the YAC membership comprised two (2) non-voting Elected Members and up to 14 community representatives. The Elected Members were Councillors Karen Turner and Kris Plumb. Nominations for the community positions were sought with ten (10) applications received. Applicants recommended for appointment to the YAC Committee are identified within the Confidential Appendix CRUSC-1. Bunbury Event Advisory Committee The Bunbury Event Advisory Committee aims to attract, support and promote events that deliver community and economic benefit and add vibrancy to Greater Bunbury. Prior to the 2021 City of Bunbury election, the Bunbury Event Advisory Committee membership comprised three Elected Members and four community representatives. The Elected Members were Councillors Amanda Yip, Cheryl Kozisek and Karen Steele. Nominations for the community positions were sought with three (3) applications received. Applicants recommended for appointment to the Bunbury Event Advisory Committee are identified within the Confidential Appendix CRUSC-2.


CEO Performance Review Panel The CEO Performance Review Panel meets as required to undertake the annual performance and salary review of the City’s Chief Executive Officer. The CEO Performance Review Panel exists as a legal requirement under the terms of the Chief Executive Officer’s contract of employment. Prior to the 2021 City of Bunbury election the CEO Performance Review Panel membership comprised five (5) Elected Members being, Mayor Gary Brennan, and Councillors Wendy Giles, Kris Plumb, Cheryl Kozisek and Betty McCleary. Disability Access and Inclusion Committee The Disability Access and Inclusion Committee advises Council on matters of access and monitors implementation of the Disability Access and Inclusion Plan for City of Bunbury buildings, facilities, services and information. Prior to the 2021 City of Bunbury election, the Disability Access and Inclusion Committee membership comprised three (3) Elected Members, three (3) community representatives and one (1) service provider. The Elected Members were Councillors Karen Turner and Michelle Steck, with one position vacant. Nominations were sought for community representatives and service providers. Three (3) applications were received for community representatives and two (2) applications were received for the service provider position. Applicants and the service provider recommended for appointment to the Disability Access and Inclusion Committee are identified within the Confidential Appendix CRUSC-4. Heritage Advisory Committee The Heritage Advisory Committee provides an information exchange between Council and the general community on heritage matters. Prior to the 2021 City of Bunbury election, the Heritage Advisory Committee membership comprised two (2) Elected Members and seven community representatives. The Elected Members were Councillors Tresslyn Smith and Todd Brown. Nominations for the community positions were sought with eight (8) applications received. A selection panel comprising three (3) officers met on 29 September 2021 to assess the eight (8) nominations. The nominations were of a high standard with substantial experience and knowledge in various skillsets that would add value to the Committee. As part of the assessment of nominations received, and given the high quality and calibre of applicants, it is suggested that consideration be given to extending the community membership of the Heritage Advisory Committee from seven (7) to eight (8) members. Increasing the number of community representatives on the Committee will allow for wider community representation, whilst also maintaining an appropriate level of expertise. Subject to the outcome of the recommendation to increase the community representative numbers on the Committee, the applicants recommended for appointment to the Heritage Advisory Committee are identified within the Confidential Appendix CRUSC-5. Policy Review and Development Committee The Policy Review and Development Committee meets every two (2) months to undertake a recurring review of all existing Council policies and facilitate the development of new policies for consideration by Council.


Prior to the 2021 City of Bunbury election the Policy Review and Development Committee membership comprised five Elected Members, being Mayor Gary Brennan, and Councillors Michelle Steck, Cheryl Kozisek, Tresslyn Smith and Amanda Yip. International Relations Committee The International Relations Committee provides advice and support in the ongoing development of relationships and strategic opportunities with Setagaya, Japan, Jiaxing, China and Nha Trang, Vietnam. Prior to the 2021 City of Bunbury election, the International Relations Committee membership comprised two (2) Elected Members and 11 community representatives. The Elected Members were Councillors Todd Brown and Tresslyn Smith. Nominations were sought with eight (8) applications received. Applicants recommended for appointment to the International Relations Committee are identified within the Confidential Appendix CRUSC-6. Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations within this report. Community Consultation Not applicable. Timeline: Council Decision Implementation Appointments to committees will be effective immediately. Outcome of Meeting 2 November 2021

The Mayor advised that each point of the executive recommendation would be debated and voted on separately.

Point 1 1. That Council re-establishes the Audit Committee as a committee of Council and:

a) amends the membership composition of the Audit Committee from two (2) community representatives to one (1) community representative.

b) appoints Councillors _____________, _____________, ________________ and _____________ as members of the Audit Committee.

c) appoints Mr John Barratt as a community member of the Audit Committee.

The Mayor and Councillors Plumb, Andrew and Kozisek nominated to be members of the Audit committee.

The recommendation (including Elected Member nominees) was moved by Cr Steele and seconded by Cr Giles.



Council Decision 221/21 That Council re-establishes the Audit Committee as a committee of Council and: a) amends the membership composition of the Audit Committee from two (2) community

representatives to one (1) community representative. b) appoints Mayor Miguel and Councillors Plumb, Andrew and Kozisek as members of the

Audit Committee. c) appoints Mr John Barratt as a community member of the Audit Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 2

2. That Council re-establishes the Youth Advisory Council as a committee of Council and:

a) appoints Councillors ____________ and ____________ as members (non-voting) of the Youth Advisory Council.

b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-1 as members of the Youth Advisory Council.

Councillors Yip and Quain nominated to be members of the Youth Advisory Council. The recommendation (including Elected Member nominees) was moved by Cr Giles and seconded by Cr Andrew.


Council Decision 222/21 That Council re-establishes the Youth Advisory Council as a committee of Council and: a) appoints Councillors Yip and Quain as members (non-voting) of the Youth Advisory Council. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-1 as

members of the Youth Advisory Council. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that the appointed candidates are Mikaela Kerwin, Daisy Pilsworth, Bella Burgemeister, Ashlee Piper, Rylee Hewitt, Cory Crombie, Scarlett Brown, Hannah Moyle, Gemma Bray and Rennae Tate. Point 3 3. That Council re-establishes the Bunbury Event Advisory Committee as a committee of

Council and: a) appoints Councillors _____________, ________________ and _____________ as

members of the Bunbury Event Advisory Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-2

as the community members of the Bunbury Event Advisory Committee. Councillors Turner, Steck and Quain nominated to be members of the Bunbury Event Advisory Committee.


The recommendation (including Elected Member nominees) was moved by Cr Plumb and seconded by Cr McCleary.


Council Decision 223/21 That Council re-establishes the Bunbury Event Advisory Committee as a committee of Council and: a) appoints Councillors Turner, Steck and Quain as members of the Bunbury Event Advisory

Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-2 as the

community members of the Bunbury Event Advisory Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that the appointed candidates are Janice Platt, Malcolm Farrell-Mitchell and Brian Rettinger.

Point 4 4. That Council re-establishes the CEO Performance Review Panel as a committee of Council

and appoints Councillors _____________, ________________, _____________, ________________ and _____________ as members of the CEO Performance Review Panel.

Mayor Miguel and Councillors Kozisek, Plumb, Steele, Ghasseb and Quain nominated to be members of the CEO Performance Review Panel. Cr Giles moved, and Cr Plumb seconded the recommendation (including Elected Member Nominees), with an additional point which read: That the membership composition be amended to include 6 Elected Members on the CEO Performance Review Panel. The Mayor put the motion to the vote, and it was adopted to become the Council’s decision on the matter.

Council Decision 224/21 That Council: a. re-establishes the CEO Performance Review Panel as a committee of Council and appoints

Mayor Miguel and Councillors Kozisek, Plumb, Steele, Quain and Ghasseb as members of the CEO Performance Review Panel.

b. That the membership composition be amended to include 6 Elected Members on the CEO Performance Review Panel.

CARRIED 11 votes “for” / 2 votes “against” Mayor Miguel and Councillors Andrew, Ghasseb, Giles, Kozisek, Plumb, Quain, Smith, Steele, Turner and Yip voted “for” Councillors McCleary and Steck voted “against”


Point 5 5. That Council re-establishes the Disability Access and Inclusion Committee as a committee

of Council and: a) appoints Councillors _____________, ________________ and _____________ as

members of the Disability Access and Inclusion Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-3

as the community members of the Disability Access and Inclusion Committee. c) appoints the preferred service provider as identified at Confidential Appendix

CRUSC-4 as the service provider on the Disability Access and Inclusion Committee.

Councillors Turner, Andrew and Ghasseb nominated to be members of the Disability Access and Inclusion Committee. The recommendation (including Elected Member nominees) was moved by Cr Yip and seconded by Cr Smith.


Council Decision 225/21 That Council re-establishes the Disability Access and Inclusion Committee as a committee of Council and: a) appoints Councillors Turner, Andrew and Ghasseb as members of the Disability Access and

Inclusion Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-3 as the

community members of the Disability Access and Inclusion Committee. c) appoints the preferred service provider as identified at Confidential Appendix CRUSC-4 as

the service provider on the Disability Access and Inclusion Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that the appointed community member candidates are Keira Evans, Lisa Laschon and Cory Crombie. The preferred service provider is Advocacy WA. Point 6

6. That Council re-establishes the Heritage Advisory Committee as a committee of Council

and: a) amends the membership composition of the Heritage Advisory Committee from

seven (7) to eight (8) community members, and two (2) Elected Members. b) appoints Councillors _____________ and _____________ as members of the

Heritage Advisory Committee. c) appoints the eight (8) preferred candidates as identified at Confidential Appendix

CRUSC-5 as community members of the Heritage Advisory Committee. Councillors Kozisek, Smith and Quain nominated to be members of the Heritage Advisory Committee.


Councillor Smith moved, and Cr McCleary seconded the recommendation with an amendment to point ‘a’ as follows: a. amends the membership composition of the Heritage Advisory Committee from seven (7) to

eight (8) community members, and two (2) three (3) Elected Members.

The Mayor put the amended motion (including Elected Member nominees) to the vote, and it was adopted to become the Council’s decision on the matter.

Council Decision 226/21 That Council re-establishes the Heritage Advisory Committee as a committee of Council and: a) amends the membership composition of the Heritage Advisory Committee from seven (7)

to eight (8) community members, and three (3) Elected Members. b) appoints Councillors Kozisek, Smith and Quain as members of the Heritage Advisory

Committee. c) appoints the eight (8) preferred candidates as identified at Confidential Appendix CRUSC-5

as community members of the Heritage Advisory Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that the appointed community member candidates are Sam Brown, Stephen Craddock, Robert Schmidt, Bernhard Bischoff, Del Ambrosius, Duncan Rutherford, Peter Suckling and Graham Houghton.

Point 7

7. Re-establishes the Policy Review and Development Committee as a committee of Council and

appoints Councillors _____________, ________________, _____________, ________________ and _____________ as members of the Policy Review and Development Committee.

Councillors Giles, Kozisek, Steele, Smith, Andrew, Ghasseb and Quain nominated to be members of the Policy Review and Development Committee. The Mayor called a ballot to determine the 5 nominees for the Policy Review and Development Committee. Following the ballot, Councillors Giles, Kozisek, Steele, Smith and Quain were nominated. The recommendation (including Elected Member nominees) was moved by Cr Andrew and seconded by Cr Quain.


Council Decision 227/21 That Council re-establishes the Policy Review and Development Committee as a committee of Council and appoints Councillors Giles, Kozisek, Steele, Smith and Quain as members of the Policy Review and Development Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


Point 8 8. Re-establishes the International Relations Committee as a committee of Council and:

a) appoints Councillors _____________ and _____________ as members of the International Relations Committee.

b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-6 as community members of the International Relations Committee.

Councillors Smith and Ghasseb nominated to be members of the International Relations Committee. The recommendation (including Elected Member nominees) was moved by Cr McCleary and seconded by Cr Kozisek.


Council Decision 228/21 That Council re-establishes the establishes the International Relations Committee as a committee of Council and: a) appoints Councillors Smith and Ghasseb as members of the International Relations

Committee. b) appoints the preferred candidates as identified at Confidential Appendix CRUSC-6 as

community members of the International Relations Committee. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Note that the appointed community member candidates are Paul Springate, Gurpreet Chahal, Janice Platt, Shamara Williams, Nicolas Pozniakov, Felicity Farnell, Brooke Gray, Valda Smith and Carol McDowall. Point 9 9. That Council appoints all other Elected Members as deputy members of each individual

Council Committee in accordance with Section 5.11A of the Local Government Act 1995. The recommendation (as printed) was moved by Cr Giles and seconded by Cr Plumb.


Council Decision 229/21 That Council appoints all other Elected Members as deputy members of each individual Council Committee in accordance with Section 5.11A of the Local Government Act 1995 CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


Point 10 10. That Council request that each committee undertake a review of its terms of reference

with recommendations to be made to Council in this regard by 30 April 2022.

The recommendation (as printed) was moved by Cr Andrew and seconded by Cr Quain.


Council Decision 230/21 That Council request that each committee undertake a review of its terms of reference with recommendations to be made to Council in this regard by 30 April 2022. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


11.6 Representation on City of Bunbury Working Groups (listed as 11.3.2 in the agenda)

File Ref: COB/386 Applicant/Proponent: Internal Report Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Greg Golinski, Manager Governance Executive: Karin Strachan, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Nil Summary Although Working Groups are not formally constituted under the provisions of the Local Government Act 1995 (the Act) like Council Committees, they still play an important role in streamlining the operations of the City. The purpose of this report is for Council to consider appointments to existing City of Bunbury Working Groups. Executive Recommendation That Council:

1. Appoints Councillors ________________, ________________ and ________________ as

members of the Community Funding Panel, and all other Elected Members as deputy members.

2. Appoints Councillors ________________, ________________ and ________________ as members of the Arts Development Grant Funding Panel, and all other Elected Members as deputy members.

3. Appoints Councillor ________________ as a member of the Public Art Assessment Panel, and

all other Elected Members as deputy members.

4. Appoints Councillor ________________ as a member of the Art Collection Acquisition Panel, and all other Elected Members as deputy members.

Voting Requirement: Simple Majority Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and


development and implementation. Regional Impact Statement N/A


Background The City of Bunbury currently operates four (4) formalised Working Groups, which have a combination of Elected Member and Officer representation. These are: • Community Funding Panel; • Arts Development Grant Funding Panel; • Public Art Assessment Panel; and • Art Collection Acquisition Panel. Council Policy Compliance N/A Legislative Compliance N/A as these groups are not formal committees constituted under the Local Government Act 1995. Officer Comments Community Funding Panel The Community Funding Panel assesses applications received under the City’s annual Community Grant Funding Program (Grant Funding Program Council Policy). The Panel meets as required, and immediately prior to the 2021 City of Bunbury elections, Councillors Turner, Steele and Miguel were members of the Community Funding Panel. Arts Development Grant Funding Panel The Arts Development Grant Funding Panel assesses applications received under the City’s Arts Development Grant Funding Program (Grant Funding Program Council Policy). The Panel meets as required, and immediately prior to the 2021 City of Bunbury elections, Councillors Kozisek, Steele and Smith were members of the Arts Development Grant Funding Panel. Public Art Assessment Panel The Public Art Assessment Panel exists as an assessment body within the provisions of the Public Art Council Policy. The Panel considers all proposed public art projects in terms of practical, structural, safety, planning issues as well as curatorial and aesthetic considerations. Commissioning methodologies are also guided by the advice of the Assessment Panel on industry best practice, and suitability for the project in question. The Policy makes provision for 1 Elected Member to be a member of the panel. Immediately prior to the 2021 City of Bunbury elections, Councillor McCleary was the Council member on the Public Art Assessment Panel. Art Collection Acquisition Panel The Art Collection Acquisition Panel considers artworks identified for potential acquisition by the Director Bunbury Regional Art Gallery or the Collection Curator/Registrar under the provisions of the City of Bunbury Art Collection Council Policy. The Policy makes provision for 1 Elected Member to be a member of the panel.


Immediately prior to the 2021 City of Bunbury elections, Councillor McCleary was the Council member on the Art Collection Acquisition Panel. Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations within this report. Community Consultation Nil Councillor/Officer Consultation Nil Applicant Consultation N/A Timeline: Council Decision Implementation All memberships will be effective immediately following Council’s decision in this regard. Outcome of Meeting 2 November 2021 The Mayor advised that each point of the executive recommendation would be debated and voted on separately. Point 1 1. That Council appoints Councillors ________________, ________________ and

________________ as members of the Community Funding Panel, and all other Elected Members as deputy members.

Mayor Miguel and Councillors Turner and Quain nominated to be on the Community Funding Panel. The recommendation (including Elected Member nominees) was moved by Cr Quain and seconded by Cr Smith.


Council Decision 231/21 That Council appoints Mayor Miguel and Councillors Turner and Quain as members of the Community Funding Panel, and all other Elected Members as deputy members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


Point 2

2. Appoints Councillors ________________, ________________ and ________________ as members of the Arts Development Grant Funding Panel, and all other Elected Members as deputy members.

Councillors Turner, Yip and Steele nominated to be on the Arts Development Grant Funding Panel. The recommendation (including Elected Member nominees) was moved by Cr Quain and seconded by Cr Andrew.


Council Decision 232/21 That Council appoints Councillors Turner, Yip and Steele as members of the Arts Development Grant Funding Panel, and all other Elected Members as deputy members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 3 3. That Council appoints Councillor ________________ as a member of the Public Art

Assessment Panel, and all other Elected Members as deputy members.

Councillor Kozisek nominated to be on the Public Art Assessment Panel.

The recommendation (including Elected Member nominee) was moved by Cr McCleary and seconded by Cr Giles.


Council Decision 233/21 That Council appoints Councillor Kozisek as a member of the Public Art Assessment Panel, and all other Elected Members as deputy members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 4

4. That Council appoints Councillor ________________ as a member of the Art Collection

Acquisition Panel, and all other Elected Members as deputy members.

Councillor Kozisek nominated to be on the Art Collection Acquisition Panel.

The recommendation (including Elected Member nominee) was moved by Cr Giles seconded by Cr Quain.



Council Decision 234/21 That Council appoints Councillor Kozisek as a member of the Art Collection Acquisition Panel, and all other Elected Members as deputy members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


11.7 Appointment to External Committees (listed as 11.3.3 in the agenda)

File Ref: COB/386 Applicant/Proponent: Internal Report Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Greg Golinski, Manager Governance Executive: Karin Strachan, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Nil Summary The purpose of this report is to facilitate Council making appointments to external boards of management/external committees, which have Council representation. Executive Recommendation That Council: 1. Nominates Councillors ____________, ____________ and ____________ as members of

the Bunbury Harvey Regional Council, and Councillors ____________, ____________ and ____________ as deputy members.

2. Nominates Councillor ____________ as a member of the South West Country Zone of the

Western Australian Local Government Association (WALGA), and Councillor ____________ as a deputy member.

3. Nominates Councillor ____________ as a member of the Bunbury Regional Theatre Inc,

and Councillor ____________ as a deputy member. 4. Nominates Councillor ____________as a member of the Bunbury Alcohol Accord, and

Councillor ____________ as a deputy member.

5. Nominates Councillor ____________as a member of the Bunbury Geographe Seniors and Community Centre Management Committee, and Councillor ____________ as a deputy member.

6. Nominates Councillor ____________as a member of the Bunbury Port Community

Consultation Committee, and the Chief Executive Officer as a deputy member.

7. Nominates Councillor ____________as a member of the Dolphin Discovery Centre Management Committee, and Councillor ____________ as a deputy member.

8. Nominates Councillor ____________as a member of the Morrissey Homestead Board, and

Councillor ____________ as a deputy member.

9. Nominates Councillor ____________as a member of the Peron Naturaliste Partnership, and Councillor ____________ as a deputy member.


10. Notes that Mayor Jaysen de San Miguel is by position the City of Bunbury representative for Regional Capitals Australia WA.

11. Nominates Councillor ____________as a member of the South West Regional Road Group,

and Councillor ____________ as a deputy member. 12. Nominates Councillor ____________as a member of the South West Women’s Health

Information Centre Management Committee, and Councillor ____________ as a deputy member.

13. Notes that Mayor Jaysen de San Miguel is by position the City of Bunbury representative on

the Bunbury-Geographe Economic Alliance and nominates Councillor ____________ as a deputy member.

14. Nominates Councillor ____________as a member of the South 32 Community Liaison

Committee, and Councillor ____________ as a deputy member. 15. Nominates Councillors ___________ and _____________ as members of the Southern

Joint Development Assessment Panel and Councillors ___________ and _____________ as alternate members.

16. Nominates Councillor ____________as a member of the Local Emergency Management

Committee, and Councillor ____________ as a deputy member. 17. Requests the Chief Executive Officer advise the above groups accordingly. Voting Requirement: Simple Majority Strategic Relevance Theme 4: Our City. Goal: Civic leadership, partnerships and sound governance in delivering with and


development and implementation. Regional Impact Statement N/A Background The following groups are not committees of Council established pursuant to the provisions of section 5.8 of the Local Government Act 1995 (the Act), but are external boards of management that are either constitutionally required to have City of Bunbury Councillors as members, or have requested that Council nominate an elected representative to become a member: • Bunbury Harvey Regional Council • South West Zone of WALGA • Bunbury Regional Theatre Inc. (BREC Board) • Bunbury Alcohol Accord • Bunbury Geographe Seniors and Community Centre Management Committee


• Bunbury Port Community Consultation Committee • Dolphin Discovery Centre Management Committee • Morrissey Homestead Inc. • Peron Naturaliste Partnership Inc • Regional Capitals Australia WA • South West Regional Road Group • South West Women’s Health Information Centre Management Committee • Bunbury-Geographe Economic Alliance • South 32 Community Liaison Committee • Southern Joint Development Assessment Panel • Local Emergency Management Committee

It is important to note that as the groups above are not committees of Council, all secretariat work is administered by the relevant person/people within each respective committee/organisation. The City had previously been represented on additional external groups to those listed above, however following dialogue with these groups, there were some whom indicated that ongoing representation was no longer necessary. Council Policy Compliance N/A Legislative Compliance N/A as these groups are all independent of the City of Bunbury. Officer Comments Bunbury Harvey Regional Council The Bunbury Harvey Regional Council (BHRC) is a regional council formed between the City of Bunbury and the Shire of Harvey under the provisions of the Act. The BHRC comprises three (3) Councillor representatives and three (3) deputies from the City of Bunbury. Prior to the 2021 Local Government elections, Councillors Miguel, Turner and Smith were the City’s representatives on the BHRC. As the BHRC is a regional local government constituted under the Act, sitting fees are applicable for BHRC members, the quantum of which is determined annually by the BHRC. South West Country Zone of the Western Australian Local Government Association (WALGA) Country Zones are part of the governance framework of WALGA. The South West Country Zone comprises one (1) Councillor representative and one (1) deputy from the City of Bunbury. Prior to the 2021 Local Government elections, Councillor Smith was the City’s representative with Councillor Brown as the deputy. Bunbury Regional Theatre Inc. The Bunbury Regional Theatre Inc. is the Board that manages the Bunbury Regional Entertainment Centre, and is more commonly referred to as the BREC Board. The Constitution of this Board requires an Elected Member of the City of Bunbury to be a member.


Prior to the 2021 Local Government elections, Councillor Yip was the City’s representative on the Bunbury Regional Theatre Inc. Bunbury Alcohol Accord Prior to the 2021 Local Government elections, Councillor Plumb was the City’s representative on the Bunbury Alcohol Accord, with Councillor Steele as the deputy. Bunbury Geographe Seniors and Community Centre Management Committee Prior to the 2021 Local Government elections, Councillor Smith was the City’s representative on the Bunbury Geographe Seniors and Community Centre Management Committee, with Cr Steck as the deputy. Bunbury Port Community Consultation Committee Prior to the 2021 Local Government elections, Councillor Steck was the City’s representative on the Bunbury Port Community Liaison Committee, with the Chief Executive Officer or delegate as the deputy. Dolphin Discovery Centre Management Committee Prior to the 2021 Local Government elections, Councillor Brown was the City’s representative on the Dolphin Discovery Centre Management Committee. Morrissey Homestead Inc. Prior to the 2021 Local Government elections, Councillor Smith represented the City of Bunbury on the Board of Morrissey Homestead, with Cr Turner as the deputy. Peron Naturaliste Partnership Inc Prior to the 2021 Local Government elections, Councillor Smith was the City’s representative on the Peron Naturaliste Partnership. Regional Capitals Australia WA (RCAWA) Prior to the 2021 Local Government elections, the former Mayor was the City’s representative on RCAWA, as this group is a gathering of representative Mayors/Shire Presidents and CEOs. South West Regional Road Group The South West Regional Road Group (SWRRG) comprises one (1) Councillor representative and one (1) deputy from the City of Bunbury. Prior to the 2021 Local Government elections, Councillor McCleary was the City’s representative on the SWRRG. South West Women’s Health Information Centre Management Committee Prior to the 2021 Local Government elections, Councillor Steele represented the City on the South West Women’s Health Information Centre Management Committee, with Councillor Turner as the deputy. Bunbury-Geographe Economic Alliance The constitution of the Bunbury-Geographe Economic Alliance requires each member to be represented on the Board of Management; either the Mayor/President or his or her delegate. The City of Bunbury is a current member. South 32 Community Liaison Committee The South 32 Community Liaison Committee comprises one (1) Councillor representative and one (1) deputy from the City of Bunbury.


Prior to the 2021 Local Government elections, Councillor Brown was the City’s representative on the South 32 Community Liaison Committee, with Cr Steele as the deputy. Southern Joint Development Assessment Panel Representation of the Southern JDAP is made via Ministerial appointment. Current City of Bunbury membership is Councillor McCleary and former Councillor Brown, with Councillor Steck and former Mayor Gary Brennan as alternates. Correspondence has been received from the DAP Secretariat requesting nominations following the 2021 election. Local Emergency Management Committee (LEMC) Local governments are key players in the State’s emergency management arrangements and provide expert knowledge about their communities and environments. It is their role to ensure that local emergency management arrangements are prepared and maintained, as well as to manage recovery after an emergency. The functions of a LEMC, in relation to its district or the area for which it is established, are:

• to advise and assist the local government in ensuring that Local Emergency Management Arrangements (LEMAs) are established for its district;

• to liaise with public authorities and other persons in the development, review and testing of the LEMA; and

• to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

Prior to the 2021 Local Government elections, Councillor Giles was the City’s representative on the Local Emergency Management Committee, with Cr Steele as the deputy.

Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations within this report. Community Consultation Dialogue has taken place with each of the external groups as to the continuation of Council representation. Councillor/Officer Consultation Nil Applicant Consultation N/A Timeline: Council Decision Implementation The respective organisations will be made aware of Council’s appointments in this regard


Outcome of Meeting 2 November 2021 The Mayor advised that each point of the executive recommendation would be discussed and voted on separately.

Point 1

1. That Council nominates Councillors ____________, ____________ and ____________ as

members of the Bunbury Harvey Regional Council, and Councillors ____________, ____________ and ____________ as deputy members.

Councillors Turner, Smith and Andrew nominated to be members of the Bunbury Harvey Regional Council and Mayor Miguel and Councillors Ghasseb and Plumb nominated to be deputy members.

The recommendation (including Elected Member nominees) was moved by Cr Andrew seconded by Cr Plumb.


Council Decision 235/21 That Council nominates Councillors Turner, Smith and Andrew as members of the Bunbury Harvey Regional Council, and Mayor Miguel and Councillors Ghasseb and Plumb as deputy members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 2

2. That Council nominates Councillor ____________ as a member of the South West Country

Zone of the Western Australian Local Government Association (WALGA), and Councillor ____________ as a deputy member.

Mayor Miguel and Councillors Quain and Smith nominated to be a member of the South West Country Zone of WALGA. The Mayor called a ballot, the result of which was that he was voted to be the nominee. Councillors Quain, Smith and Yip nominated to be deputy members. The Mayor called a ballot and Cr Yip was voted to be the nominee.

The recommendation (including Elected Member nominees) was moved by Cr Steele seconded by Cr Quain.



Council Decision 236/21 That Council nominates Mayor Miguel as a member of the South West Country Zone of the Western Australian Local Government Association (WALGA), and Councillor Yip as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 3 3. That Council nominates Councillor ____________ as a member of the Bunbury Regional

Theatre Inc, and Councillor ____________ as a deputy member. Cr Yip nominated to be a member of the Bunbury Regional Theatre Inc and Cr Quain nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Giles seconded by Cr Andrews.


Council Decision 237/21 That Council nominates Councillor Yip as a member of the Bunbury Regional Theatre Inc, and Councillor Quain as a deputy member CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 4 4. That Council nominates Councillor ____________as a member of the Bunbury Alcohol

Accord, and Councillor ____________ as a deputy member.

Cr Andrew nominated to be a member of the Bunbury Alcohol Accord and Cr Plumb nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Yip seconded by Cr Giles.



Council Decision 238/21 That Council nominates Councillor Andrew as a member of the Bunbury Alcohol Accord, and Councillor Plumb as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 5

5. That Council nominates Councillor ____________as a member of the Bunbury Geographe

Seniors and Community Centre Management Committee, and Councillor ____________ as a deputy member.

Cr Smith nominated to be a member of the Bunbury Geographe Seniors and Community Centre Management Committee and Cr Quain nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr McCleary seconded by Cr Andrew.


Council Decision 239/21 That Council nominates Councillor Smith as a member of the Bunbury Geographe Seniors and Community Centre Management Committee, and Councillor Quain as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 6 6. That Council nominates Councillor ____________as a member of the Bunbury Port

Community Consultation Committee, and the Chief Executive Officer as a deputy member.

Cr Ghasseb nominated to be a member of the Bunbury Port Community Consultation Committee.

The recommendation (including Elected Member nominees) was moved by Cr Plumb seconded by Cr Quain.


Council Decision 240/21 That Council nominates Councillor Ghasseb as a member of the Bunbury Port Community Consultation Committee, and the Chief Executive Officer as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


Point 7

7. That Council nominates Councillor ____________as a member of the Dolphin Discovery Centre Management Committee, and Councillor ____________ as a deputy member.

Cr Andrew nominated to be a member of the Dolphin Discovery Centre Management Committee and Cr Ghasseb nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Yip seconded by Cr Giles.


Council Decision 241/21 That Council nominates Councillor Andrew as a member of the Dolphin Discovery Centre Management Committee, and Councillor Ghasseb as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 8

8. That Council nominates Councillor ____________as a member of the Morrissey Homestead

Board, and Councillor ____________ as a deputy member.

Cr Plumb nominated to be a member of the Morrissey Homestead Board and Cr Kozisek nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Quain seconded by Cr Giles.


Council Decision 242/21 That Council nominates Councillor Plumb as a member of the Morrissey Homestead Board, and Councillor Kozisek as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 9

9. That Council nominates Councillor ____________as a member of the Peron Naturaliste

Partnership, and Councillor ____________ as a deputy member. Cr Smith nominated to be a member of the Peron Naturaliste Partnership and Cr McCleary nominated to be a deputy member.


The recommendation (including Elected Member nominees) was moved by Cr Quain seconded by Cr Andrew.


Council Decision 243/21 That Council nominates Councillor Smith as a member of the Peron Naturaliste Partnership, and Councillor McCleary as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 10 10. That Council notes that Mayor Jaysen de San Miguel is by position the City of Bunbury

representative for Regional Capitals Australia WA. The recommendation (as printed) was moved by Cr Andrew seconded by Cr Plumb.


Council Decision 244/21 That Council notes that Mayor Jaysen de San Miguel is by position the City of Bunbury representative for Regional Capitals Australia WA. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 11 11. That Council nominates Councillor ____________as a member of the South West Regional

Road Group, and Councillor ____________ as a deputy member. Cr McCleary nominated to be a member of the South West Regional Road Group and Cr Steele nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Quain seconded by Cr Giles.


Council Decision 245/21 That Council nominates Councillor McCleary as a member of the South West Regional Road Group, and Councillor Steele as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


Point 12 12. That Council nominates Councillor ____________as a member of the South West Women’s

Health Information Centre Management Committee, and Councillor ____________ as a deputy member.

Cr Steele nominated to be a member of the South West Women’s Health Information Centre Management Committee and Cr Quain nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Kozisek seconded by Cr McCleary.


Council Decision 246/21 That Council nominates Councillor Steele as a member of the South West Women’s Health Information Centre Management Committee, and Councillor Quain as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 13 13. That Council notes that Mayor Jaysen de San Miguel is by position the City of Bunbury

representative on the Bunbury-Geographe Economic Alliance and nominates Councillor ____________ as a deputy member.

Cr Yip nominated to be a deputy member of the Bunbury-Geographe Economic Alliance.

The recommendation (including Elected Member nominees) was moved by Cr Andrew seconded by Cr Giles.


Council Decision 247/21 That Council notes that Mayor Jaysen de San Miguel is by position the City of Bunbury representative on the Bunbury-Geographe Economic Alliance and nominates Councillor Yip as a deputy member CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 14 14. That Council nominates Councillor ____________as a member of the South 32 Community

Liaison Committee, and Councillor ____________ as a deputy member. Cr Ghasseb nominated to be a member of the South 32 Community Liaison Committee and Cr Giles nominated to be a deputy member.


The recommendation (including Elected Member nominees) was moved by Cr Quain seconded by Cr Andrew.


Council Decision 248/21 That Council nominates Councillor Ghasseb as a member of the South 32 Community Liaison Committee, and Councillor Giles as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 15 15. That Council nominates Councillors ___________ and _____________ as members of the

Southern Joint Development Assessment Panel and Councillors ___________ and _____________ as alternate members.

Councillors McCleary and Steck nominated to be members of the Southern Joint Development Assessment Panel and Councillors Kozisek and Quain nominated to be deputy members.

The recommendation (including Elected Member nominees) was moved by Cr Ghasseb seconded by Cr Andrew.


Council Decision 249/21 That Council nominates Councillors McCleary and Steck as members of the Southern Joint Development Assessment Panel and Councillors Kozisek and Quain as alternate members. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 16 16. That Council nominates Councillor ____________as a member of the Local Emergency

Management Committee, and Councillor ____________ as a deputy member. Councillor Plumb nominated to be a member of the Local Emergency Management Committee and Councillor McCleary nominated to be a deputy member.

The recommendation (including Elected Member nominees) was moved by Cr Giles seconded by Cr Quain.



Council Decision 250/21 That Council nominates Councillor Plumb as a member of the Local Emergency Management Committee, and Councillor McCleary as a deputy member. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

Point 17 17. That Council requests the Chief Executive Officer advise the above groups accordingly.

The recommendation (as printed) was moved by Cr Plumb seconded by Cr Quain.


Council Decision 251/21 That Council requests the Chief Executive Officer advise the above groups accordingly CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”


12. Applications for Leave of Absence Nil 13. Motions on Notice

Nil

14. Questions from Members

14.1 Response to Previous Questions from Members taken on Notice Nil

14.2 Questions from Members

Nil 15. New Business of an Urgent Nature Introduced by Decision of the Meeting Nil


16. Meeting Closed to Public A procedural motion pursuant to Standing Order 11.1(h) that the meeting be closed to the public was moved by Cr McCleary and seconded by Cr Giles. The Mayor put the motion to the vote, and it was carried unanimously.


In accordance with sections 5.23(2)(a) and 5.23(2)(b) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law, Council resolves to close the meeting to members of the public to consider the items titled “16.1.1 Request for Tender - City of Bunbury Website.” CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

The meeting was closed to the public at 6:48pm.

16.1 Matters for which the Meeting may be Closed 16.1.1 Request for Tender - City of Bunbury Website

File Ref: RFT2122/013 Applicant/Proponent: Internal Responsible Officer: Jane Parsons, Contracts and Procurement Officer Responsible Manager: David Ransom, Manager Finance Executive: Karin Strachan Director Strategy & Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Appendix CRUSC 8: Request for Tender – City of Bunbury Website This report is confidential in accordance with section 5.23(2)(c) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following: (c) a contract entered into, or which may be entered into, by the local government and which

relates to a matter to be discussed at the meeting A confidential report and recommendation will be circulated to members under separate cover (Confidential Report CRUSC-8). The report is not for circulation.


The recommendation (as printed) was moved by Cr McCleary and seconded by Mayor Miguel.

Cr Plumb moved and Cr Ghasseb seconded a motion to defer the item until the Ordinary Council Meeting to be held 23 November 2021. The Mayor put the motion and it was LOST - 5 votes “For”/8 votes “Against.” Councillors Plumb, Yip, Giles, Andrew and Ghasseb voted “for” / Mayor Miguel and Councillors Kozisek, McCleary, Quain, Smith, Steele, Steck and Turner voted “against.”


Cr Ghasseb left the Council Chamber at 7:07pm and did not return.

The Mayor put the original motion to the vote, and it was adopted to become the Council’s decision on the matter.

Council Decision 253/21 That the Council: 1. Pursuant to RFT2122/013 City of Bunbury Website, accept the tender from Marketforce Pty

Ltd (ACN 008 781 904) for the price of $328,165.00 subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regulations);

2. Delegates power and authority to the Chief Executive Officer to negotiate and agree with

Marketforce Pty Ltd minor variations in accordance with Regulation 20 of the FG Regulations, subject to there being sufficient funds available within the approved expenditure budget and the variation being limited to 10% of the contract value;

3. Subject to resolutions 1 and 2, authorise the Chief Executive Officer to enter into a contract

with Marketforce Pty Ltd to provide the City of Bunbury Website; and 4. Following entry into the contract, authorise the Chief Executive Officer to negotiate

variations with Marketforce Pty Ltd to the respective Contract, subject to there being sufficient funds available within the approved budget expenditure for that project or line item and where a contract is greater the $100,000 in value, the variation being limited to 10% of the contract value.

CARRIED 8 votes “for” / 4 votes “against” Mayor Miguel and Councillors Kozisek, McCleary, Quain, Smith, Steck, Steele and Turner voted “for” Councillors Andrew, Giles, Plumb and Yip voted “against”

A procedural motion to reopen the meeting to the public and press was moved by Cr Andrew and seconded by Cr Plumb. The Mayor put the motion to the vote, and it was carried as follows:


That the meeting be reopened to the public. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”

The meeting was reopened to the public at 7:10pm.


16.2 Public Reading of Resolutions that may be made Public The Mayor read aloud Council’s decision in relation to item 16.1.1 as follows: That the Council: 1. Pursuant to RFT2122/013 City of Bunbury Website, accept the tender from Marketforce Pty

Ltd (ACN 008 781 904) for the price of $328,165.00 subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regulations);

2. Delegates power and authority to the Chief Executive Officer to negotiate and agree with

Marketforce Pty Ltd minor variations in accordance with Regulation 20 of the FG Regulations, subject to there being sufficient funds available within the approved expenditure budget and the variation being limited to 10% of the contract value;

3. Subject to resolutions 1 and 2, authorise the Chief Executive Officer to enter into a contract

with Marketforce Pty Ltd to provide the City of Bunbury Website; and 4. Following entry into the contract, authorise the Chief Executive Officer to negotiate

variations with Marketforce Pty Ltd to the respective Contract, subject to there being sufficient funds available within the approved budget expenditure for that project or line item and where a contract is greater the $100,000 in value, the variation being limited to 10% of the contract value.

17. Closure

The Mayor declared the meeting closed at 7:12pm Confirmed this day, 23 November 2021 to be a true and correct record of proceedings of the City of Bunbury Council Meeting held 2 November 2021 __________________ Jaysen de San Miguel Mayor

city of bunbury council minutes 2 november 2021

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