council agenda 28 june 2011 - city of bunbury and minutes... · 2018-04-19 · 2010 2011-11 ... esl...

City of Bunbury 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7000 & Facsimile: (08) 9792 7184 & TTY: (08) 9792 7370 & www.bunbury.wa.gov.au

Bunbury City Council Notice of Meeting & Agenda 28 June 2011

Table of Contents

Item No Subject Page

1. Declaration of Opening by the Mayor ........................................................... 1

2. Record of Attendance, Apologies and Leave of Absence......................... 1

3. Responses to Public Questions Taken 'On Notice' at the Previous Council Meeting ............................................................................... 2

4. Public Question Time ...................................................................................... 2

5. Questions on Notice from Council Members (No Discussion Permitted) .......................................................................................................... 2

6. Confirmation of Previous Minutes ................................................................. 2

7. Disclosures of Interest Under the Local Government Act 1995 ............... 2

8. Announcements by the Mayor (No Discussion Permitted)........................ 2

9. Chief Executive Officer Reports/Discussion Topics ................................... 3

9.1 Proposed Increase in Property Rates for the 2011/2012 Budget ................................................................................................................ 3

9.2 Sign Licence Application – Change of Sign Content - Lot 100 (No. 121) King Road, Bunbury....................................................................... 5

9.3 Bunbury Setagaya Sister Cities Committee – Tour Leader Appointment 2011/2012 .................................................................................. 7

10. Reception of Formal Petitions and Memorials ............................................ 9

11. Reception of Reports and Recommendations from the Council (Standing) Committee Meeting held 21 June 2011 .................................... 9

11.1 Bicentennial Square Markets – Submission to Appoint Market Operator........................................................................................................... 10

11.2 City of Bunbury Big Swamp Accessible Playground Project – Request for Funding in 2011/2012 Budget ................................................ 14

11.3 Morrissey Homestead Incorporated - Proposed Deed of Lease of Lot 65 (123) South Western Highway, Bunbury ................................... 17

11.4 Hang Gliding Association of WA – Application for Licence to Utilise Portion of Ocean Drive Road Reserve for Take-Off/Landing Area ............................................................................................ 22

11.5 Nomination for Appointment to Bunbury Regional RoadWise Committee ....................................................................................................... 25

Table of Contents

Item No Subject Page

11.6 Proposed Amendment to Scheme Text within Part 8 of Town Planning Scheme No.7 – Development of Land....................................... 27

11.7 Tender for Solar Thermal Hot Water System SWSC RFT 2010 2011-11.................................................................................................. 30

11.8 Financial Statements – May 2011 ............................................................... 33

11.9 Motion on Notice – ACTIV Business Service Centre ............................... 34

11.10 Items to be Noted (No Discussion) at the Council Committee Meeting ............................................................................................................ 39

11.11 Bunbury Dance Studio – Request for Rental Concession ...................... 40

12. Motions on Notice .......................................................................................... 41

13. Urgent Business (With Approval of Majority of Members Present as Permitted Under Standing Order 5.1.13) ............................... 41

14. Items to be Noted or Endorsed .................................................................... 41

15. Confidential Business as Stipulated Under Section 5.23(2) of the Local Government Act 1995 .................................................................. 41

15.1 Purchase of Replacement Vehicle .............................................................. 41

16. Close of Meeting ............................................................................................ 41

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

1:100 Ratio of 'one in one hundred' AD Acceptable Development ARI Annual Recurrence Interval AHD Australian Height Datum ANEF Australian Noise Exposure Forecast AWARE All West Australians Reducing Emergencies (grant funding) BCA Building Code of Australia BCCI Bunbury Chamber of Commerce & Industries BCRAB Bunbury Community Recreation Association Board BEAC Built Environment Advisory Committee BESAC Bunbury Environment and Sustainability Advisory Committee BHRC Bunbury Harvey Regional Council BPA Bunbury Port Authority BRAG Bunbury Regional Art Galleries BRAMB Bunbury Regional Arts Management Board BREC Bunbury Regional Entertainment Centre BSSC Big Swamp Steering Committee BWEA Bunbury Wellington Economic Alliance CALM Department of Conservation and Land Management CBD Central Business District CCAFF Community Cultural and Arts Facilities Fund CERM Centre of Environmental and Recreation Management CPI Consumer Price Index CSRFF Community Sport and Recreation Facilities Fund DADAAWA Disability in the Arts Disadvantage in the Arts Australia, Western Australia DAP Detailed Area Plan (required by WA Planning Commission) DCU Development Coordinating Unit DEC Department of Environment and Conservation (formerly CALM) DEWCP Department for Environment, Water and Catchments Protection DLI Department of Land Information DoE Department of Environment DOLA Department of Land Administration DoPI Department of Primary Industry DoW Department of Water DPI Department for Planning and Infrastructure DSR Department of Sport and Recreation DUP Dual-use Path ECT Enforcement Computer Technology EDAC Economic Development Advisory Committee EDWA Education Department of Western Australia EIA Environmental Impact Assessment EPA Environmental Protection Authority ERMP Environmental Review and Management Program ESL Emergency Services Levy FESA Fire and Emergency Services Authority FFL Finished Floor Level GBPG Greater Bunbury Progress Group GBRP Greater Bunbury Resource Plan report GBRS Greater Bunbury Region Scheme GL Gigalitres GRV Gross Rental Value GST Goods and Services Tax HCWA Heritage Council of Western Australia ICLEI International Council for Local Environmental Initiatives ICT Information and Communications Technology IP Internet Protocol IT Information Technology ITC In Town Centre ITLC Former In-Town Lunch Centre (now the "In Town Centre") LAP Local Action Plan LCC Leschenault Catchment Council

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

LEMC Bunbury Local Emergency Management Committee LIA Light Industrial Area LN (2000) Liveable Neighbourhoods Policy (2000) LSNA Local Significant Natural Area MHDG Marlston Hill Design Guidelines MRWA Main Roads Western Australia NDMP National Disaster Mitigation Program NEEDAC Noongar Employment & Enterprise Development Aboriginal Corp. NRM Natural Resource Management NRMO Natural Resource Management Officer ODP Outline Development Plan PAW Public Access Way PHCC Peel-Harvey Catchment Council PR Plot Ratio R-IC Residential Inner City (Housing) - special density provisions RDC Residential Design Codes RDG Residential Design Guidelines Residential R15 Town Planning Zone – up to 15 residential dwellings per hectare Residential R20 Town Planning Zone – up to 20 residential dwellings per hectare Residential R40 Town Planning Zone – up to 40 residential dwellings per hectare Residential R60 Town Planning Zone – up to 60 residential dwellings per hectare RFDS Royal Flying Doctor Service RMFFL Recommended Minimum Finished Floor Levels ROS Regional Open Space ROW Right-of-Way RSL Returned Services League SBCC South Bunbury Cricket Club Inc. SCADA Supervisory Control and Data Acquisition SGDC Sportsgrounds Development Committee SW South West SWACC South Western Area Consultative Committee SWAMS South West Aboriginal Medical Service SWBP South West Biodiversity Project SWCC South West Catchments Council SWDC South West Development Commission SWDRP South West Dolphin Research Program SWEL South West Electronic Library SWSC South West Sports Centre TME Thompson McRobert Edgeloe TPS Town Planning Scheme USBA Union Bank of Switzerland Australia VGO Valuer General’s Office VOIP Voice-Over Internet Protocol WALGA Western Australian Local Government Association WAPC Western Australian Planning Commission WAPRES Western Australian Plantation Resources WAWA Water Authority of Western Australia WC Water Corporation WML WML Consultants WRC Waters and Rivers Commission

Bunbury City Council Notice of Meeting

TO: Council Members The next Ordinary Meeting of the Bunbury City Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 28 June 2011 at 6.00pm. Andrew Brien Chief Executive Officer (Date of Issue: 23/06/2011)

Agenda 28 June 2011

NOTE: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Council Members: His Worship the Mayor, Mr D Smith Deputy Mayor - Councillor Brendan Kelly Councillor Judy Jones Councillor Wayne Major Councillor Stephen Craddock Councillor Alfred Leigh Councillor Ross Slater Councillor Michelle Steck Councillor Juliet Harrop Councillor Derek Spencer Councillor Karen Steele

1. Declaration of Opening by the Mayor

2. Record of Attendance, Apologies and Leave of Absence

28 June 2011 Agenda - Bunbury City Council

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3. Responses to Public Questions Taken 'On Notice' at the Previous Council Meeting

4. 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.

5. Questions on Notice from Council Members (No Discussion Permitted)

6. Confirmation of Previous Minutes The minutes of the Council Meeting held 7 June 2011 have been circulated. Recommendation The minutes of the Council Meeting held 7 June 2011 be confirmed as a true and accurate record.

7. Disclosures of Interest Under the Local Government Act 1995 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 Mayor before the meeting commences.

8. Announcements by the Mayor (No Discussion Permitted)


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9. Chief Executive Officer Reports/Discussion Topics

9.1 Proposed Increase in Property Rates for the 2011/2012 Budget File Ref: A00281-07

Applicant/Proponent: Internal Report

Author: Brendan Ennis, Property & Rating Coordinator

Executive: Ken Weary, Executive Manager Corporate Services

Attachments: Nil

Recommendation Council, in accordance with Section 6.36 of the Local Government Act 1995, advertise the following Rates in the Dollar for Differential General Rates, Minimum Rates and Specified Area Rates to be levied on City of Bunbury properties for the 2011/2012 Financial Year: Differential Rates & Minimum Rates:

Property Minimum Rate $ Rate in the Dollar (Cents)

Residential $844 8.460

City Centre \ Special Use $1276 8.600

Mixed Business $1276 6.808

Industrial $1276 6.400

Non Residential Vacant Land

$1276 4.600

Storage Units $844 6.400

Sporting Clubs $844 8.460

Specified Area Rates:

Category Rate in the Dollar (Cents)

Marlston Hill TV Aerial 0.145

Marlston Hill Landscaping 0.448

Pelican Point Grand Canals 1.054

Ocean Drive Underground Power 1.595

Stirling Street Streetscaping 1.458

Summary The Local Government Act, Section 6.36 requires that before imposing any differential general rates or minimum payment, Council is required to give public notice inviting submissions in respect to the proposed property rates. Council will advertise the proposed rates in the South Western Times advising that public comments will be received for a period of 21 days. The advertisement will also advise


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that a document describing the objects and reasons for each proposed rate and minimum payment is available for public inspection. Council will consider any submissions received prior to adopting the 2011/2012 Budget. Background Councillors held three (3) Budget workshops/briefings on the 31 May, 1 & 14 June 2011 to consider the revenue and expenditures proposed in the 2011/2012 draft budget. From these workshop\briefings an average rate increase of 5.9% for residential properties and an average rate increase of 8% for non residential properties was considered necessary to meet operating and capital expenditure in the 2011/2012 draft budget. Officer Comments Landgate Valuation Services (formerly the Valuer Generals Office) have now completed a revaluation of Gross Rental Values (GRV) for properties within the City to take effect1 July 2011. Revaluations are now undertaken every three (3) years. Properties are valued at on the Gross rental Value – that is the annual rental that the land\building might be expected to receive in a year to year tenancy. In a revaluation year, because of the considerable fluctuation in property Gross Rental Valuations, individual properties will also experience fluctuations in their rates levied which will result in properties in the various rating categories, being greater or lower than the average rate increase. Public submissions received on the proposed rates for the 2011/2012 financial year will be considered by Council prior to adopting the budget in July 2011. Analysis of Financial and Budget Implications The proposed rates are necessary to meet operating and capital expenditure in the 2011/2012 draft budget: Options Option 1 As per the recommendation. Option 2 As per the recommendation, but with an alternative rate increase.


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9.2 Sign Licence Application – Change of Sign Content - Lot 100 (No. 121) King Road, Bunbury

File Ref: A0234-32

Applicant/Proponent: Greg Rowe & Associates

Author: Gary Fitzgerald, Senior Manager Development Services

Executive: Andrew Brien, Chief Executive Officer

Attachments: Appendix 4

Recommendation That Council:

1. Approve the proposed change in graphics to be displayed on the billboard, subject to standard conditions and in keeping with those conditions attached to the existing sign licence.

Summary The City is in receipt of a sign licence application to modify the content of the billboard display located at Lot 100 (No.121) King Road. In accordance with Condition 2 of the current sign licence, Council is required to approve any changes to advertising content. Background Lot 100 (No. 121) King Road is an undeveloped corner block situated at the intersection of King Road and Sandridge Road. Sharing a common boundary with residential properties it lies within the Residential Zone as designated within the Town Planning Scheme No.7 map. Council may recall that a sign licence application relating to this billboard was considered at the Council Meeting held on 12 April 2011, when it was resolved:

1. That Council approve the extension of the sign licence referred to in the agenda item for three (3) years from October 2011.

2. Allow the advertising content to be changed with the approval of Council.

3. Contents of adverts to be community based where possible, only other content allowable is for locally owned businesses.

4. That the policy be referred to the Policy Review Committee for review. The applicants propose to replace the existing display with new material, details of which are provided as attached at Appendix 4. Condition No.2 (above) is currently a matter that has been referred to the State Administrative Tribunal. The applicants / proponents are aggrieved with Condition No.2 of the existing approval as it requires display content to be referred back to Council for reconsideration each time a change to the graphics is contemplated, and this is considered this to be overly onerous and time consuming. Mediation between


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the City and proponents is taking place as part of the appeal process, the outcomes of which will be reported to Council as a separate matter at the first available opportunity. Officer Comments The content proposed is of a similar type to that currently being displayed (originally approved in October 2010) and is considered to be consistent with Condition 3 of the existing sign licence approval. The proposal will not significantly change the level of impact to surrounding residences. Conclusion The proposal is considered to be in accordance with the conditions of the existing sign licence approval. Options Option 1 As per recommendation Option 2 As determined by Council.


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9.3 Bunbury Setagaya Sister Cities Committee – Tour Leader Appointment 2011/2012 File Ref: A04522

Applicant/Proponent: Internal Paper

Author: Jenni Brown, Executive Officer Bunbury Setagaya Sister Cities Committee


Attachments: Confidential Report

Recommendation That Council endorse the recommendations of the Bunbury Setagaya Sister Cities Committee in relation to the proposed 2011 Student Tours:

1. That the Bunbury Setagaya Sister Cities Committee proceed with the 2011 Student Tour

2. That Mrs Jodie Spencer be appointed to the Bunbury Setagaya Sister Cities Committee as Tour Leader to Setagaya for the 2011 Student Tour

3. That this opportunity be offered to both year seven and year eight students.

Summary The Bunbury Setagaya Sister Cities Committee has completed the selection process for the position of the 2011 Setagaya Goodwill Visit Tour Leader. This is a non paid contract position which involves leading sixteen Goodwill Visit students and four accompanying adults to Setagaya during October. Background After the earthquakes, tsunami and nuclear disasters in Japan the Bunbury Setagaya Sister Cities Committee were unable to secure a tour leader from the first group on applicants. The Bunbury Setagaya Sister Cities Committee has received a letter from the new mayor of Setagaya, Nobutio Hasaka, encouraging the City of Bunbury to continue with all exchange programs. The position was readvertised within the Bunbury Setagaya Sister Cities Committee networks requesting expressions of interests and resume’s be forwarded. The City of Bunbury received four (4) verbal expressions of interest, however due to the limited time and when the tour is proposed to leave, the applicants were unable to commit to the position. At the closure date, one (1) community member, Mrs Jodie Spencer had submitted an expression of interest and resume.


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A confidential report containing a copy of the expression of interest is circulated under separate cover. Smart Traveller travel advice to Japan states “Be alert to own security” apart from the areas affected by the disaster which they recommend you “Do Not Travel”. Tokyo is approximately 200kms away from the area. Discussions have also been held with LGIS regarding the tour. They have confirmed that they will underwrite the tour on the proviso that we adhere to all the travel warnings. This information was presented to a Bunbury Setagaya Sister Cities Committee meeting held 22 June 2011 and the following recommendations were endorsed:

“That Council endorse the recommendations of the Bunbury Setagaya Sister Cities Committee in relation to the 2011 Student Tours:

1. That the Bunbury Setagaya Sister Cities Committee proceed with the 2011 Student tour.

2. That Mrs Jodie Spencer be appointed to the Bunbury Setagaya Sister Cities Committee as Tour Leader to Setagaya for the 2011 Student Tour.

3. That this opportunity be offered to both year seven and year eight students.”

Officer Comments The appointment of the Tour Leader will ensure this long standing venture continues supporting the Executive Officer to the Bunbury Setagaya Sister Cities Committee. Analysis of Financial and Budget Implications Appointment of the Tour Leader to the Bunbury Setagaya Sister Cities Committee is not expected to have any financial or budgetary impact on Council. The Tour Leader’s flights, travel expenses, food and accommodation are paid for via an allocated contribution (Tour Leader Levy) from the participating families. Options Option 1 As per the recommendation. Option 2 Council not endorse the recommendations of the Bunbury Setagaya Sister Cities Committee.


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10. Reception of Formal Petitions and Memorials

11. Reception of Reports and Recommendations from the Council (Standing) Committee Meeting held 21 June 2011

Standing Order 16.1.1 permits the Council to adopt the Committee Recommendations listed in Section 11 of this agenda "en bloc".

At the meeting, councillors to identify any items requiring individual attention.


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11.1 Bicentennial Square Markets – Submission to Appoint Market Operator

File Ref: A04580

Applicant/Proponent: Internal Paper

Author: Michael Stewart, Economic Development Project Officer


Attachments: Appendix 1 & Confidential Report

Committee Recommendation That the Council endorse the following recommendations: 1. Amend previous resolution (Council Decision 216/10 –

Recommendation 1) to allow the extension of the Market footprint to the upper paved area of Bicentennial Square in accordance with Plan 1 (attached at Appendix 1), keeping the lower grassed area available for overflow if required. The Graham Bricknell shell and surrounding northern areas will remain available for other events.

2. That Paul McBride be appointed as the Market Operator for an initial

period of 12 months with first option to renew for a further 12 months at the conclusion of the initial period.

Summary Two separate, independent selection panels were formed to fairly assess submissions responding to a Request for Expressions of Interest for the Market Operator role of the proposed Bicentennial Square Sunday Markets. One panel was made up of three City of Bunbury officers, while the second panel consisted of three councillors. Caroline Beamond’s submission was unanimously selected as the most likely to deliver the outcomes of the markets desired by the City of Bunbury. A Confidential Report containing the submissions has been circulated under separate cover. Background In 2010 the operator of Marlston Waterfront Markets (Paul McBride) requested permission to move the location of the markets to Bicentennial Square. During the time the markets were conducted at the Marlston waterfront location, a number of complaints were received from businesses in the surrounding area mostly relating to reductions in sales and traffic congestion. On the 9 November 2010 the following decision was made by Council:

Council Decision 216/10

1. Agree “in principle” for the Sunday Marlston Waterfront Markets to relocate to the south end of Bicentennial Square (keeping the Graham Bricknell Sound


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Shell and the surrounding northern area of Bicentennial Square free for events).

If Recommendation 1 is adopted then also –

2. Officers to prepare a recommendation to Council that includes advertising for expressions of interest to manage the markets at Bicentennial Square and comment from adjacent businesses.

A stakeholder analysis plan was undertaken to gauge community opinion and invite feedback on the proposed relocation. All feedback was collated and taken into consideration when preparing the Request for Expressions of Interest (EOI) document. In February 2011 the EOI was advertised, inviting submissions from interested and suitably experienced parties to manage markets at the southern end of Bicentennial Square. The window for accepting submissions closed on 24 March 2011. The submissions received raised concerns about the proposed location of the markets; restricting the footprint to the lower grassed area. The concerns touched on the fact that the area is typically windy and would pose a threat to stallholders and attendees due to the risk of equipment being blown away. The Cruise Ship Markets have been operating successfully on the upper paved area and it was suggested that this area be made available for the regular markets as well. Two selection panels were formed to fairly assess the submissions based on the Selection Criteria disclosed in the EOI document. One panel was made up of three City of Bunbury officers, while the second panel consisted of three councillors. A unanimous decision was made, recommending to Council that Caroline Beamond be appointed as the Market Operator of the Bicentennial Square Markets. Officer Comments Caroline Beamond has a great deal of experience in event coordination, specifically in relation to the organisation of market days. Her submission demonstrates an inherent professionalism and a solid understanding of how to run market days successfully. Caroline conducted research into existing markets in the region to identify the best operating arrangement and frequency that would maximise the probability of success. Furthermore, it is evident throughout her submission that she has a genuine concern for community wellbeing. Analysis of Financial and Budget Implications No costs are associated with this item. Community Consultation Prior to the EOI being advertised, a stakeholder analysis plan was enacted. This involved consultation with shop owners surrounding the proposed location, the general business community, relevant City of Bunbury departments, existing market participants, operators of existing markets in the City of Bunbury and members of the wider community.


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Economic, Social, Environmental and Heritage Issues Economic If successful, the markets at Bicentennial Square will bring more people to the City on a Sunday, leading to flow on benefits for surrounding businesses and adding vibrancy to the area. In time, this may also lead to attracting additional tourists and therefore, economic benefits to the wider community. Options Option 1 As per the recommendation. Option 2 Reject the recommendation. Comment: This is NOT supported by officers. Outcome – Council Committee 21 June 2011 The Presiding Member asked if there was anyone in the public gallery that wished to address the Committee on this item. Mr Paul McBride, 9 Absolom Street Bunbury – current operator of Marlston Waterfront Markets, made the following observations to the Committee members: - He has run the Marlston Markets since October 2009 - The markets are very popular and successful - Markets provide an outlet for retirees, stay at home parents etc a place to sell

their wares - In April 2010 it was clear that the markets in Marlston Hill were outgrowing the

area in terms of parking - He spoke with the then CEO, Mr Greg Trevaskis, about moving the markets

to the CBD - November 2010 he made a submission to Council to move the markets to

Bicentennial Square - He had pleaded in November 2010 for Council to not take his markets away

from him and put it out to tender. - The first he knew about someone else potentially taking over the

management of the markets was when he read it in the paper this morning. Mr McBride further expanded on his history with the Marlston Markets and his perceptions in regards to arriving at the recommendation. He suggested Council had taken his ideas and utilised them in developing the Expression of Interest brief. Cr Steele stated that she had read in the paper that he was no longer running the markets and asked him if that was true. Mr McBride replied and stated that it was true in that he was no longer running the Marlston Markets as there was little or no parking available but he was still running the Cruise Ship Markets in the Bicentennial Square location.


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Pursuant to Standing Order 15.10 Cr Steck moved, Cr Slater seconded a procedural motion that the meeting exclude members of the public and press to permit Confidential Business (as defined by the Local Government Act 1995 Section 5.23(2)(c)). The Presiding Member put the procedural motion to the vote and was CARRIED 8 votes “for” / 1 vote “against”. The members of the public and press were asked to leave the chamber and the meeting moved behind closed doors. The recommendation (as printed) was moved Cr Harrop, seconded Cr Spencer. Cr Steck moved, Cr Steele seconded procedural motion 15.10 of the City of Bunbury Standing Orders that the meeting be reopened to the public and press. The Presiding Member put the procedural motion to the vote and was CARRIED 9 votes “for” / nil votes “against”. The meeting was reopened to the public and press. Upon resumption in open session, the Presiding Member put the motion (as printed) to the vote and was LOST 4 votes “for” / 5 votes “against”. Cr Slater moved, Cr Steele seconded an alternate motion which reads as follows: “That the Council endorse the following recommendations:

1. Amend previous resolution below (Council Decision 216/10 – Recommendation 1) to allow the extension of the Market footprint to the upper paved area of Bicentennial Square in accordance with Plan 1 (attached at Appendix 1), keeping the lower grassed area available for overflow if required. The Graham Bricknell shell and surrounding northern areas will remain available for other events.

2. That Paul McBride be appointed as the Market Operator for an initial period of 12 months with first option to renew for a further 12 months at the conclusion of the initial period.”

It was requested that the votes be taken in separate parts. Point 1: CARRIED 9 votes “for” / nil votes “against” Point 2: CARRIED 5 votes “for” / 4 votes “against” The Presiding Member put the alternate motion (as printed) to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.2 City of Bunbury Big Swamp Accessible Playground Project – Request for Funding in 2011/2012 Budget

File Ref: A03099


Author: Bronwyn Muller, Acting Executive Officer Community Access Committee

Executive: Bill Carlsen, Acting Manager Economic and Social Development

Attachments: Nil

Committee Recommendation That Council endorses the amount of $150,000 in the 2011/2012 Annual Budget allocation for the Big Swamp Accessible Playground project. Summary Federal funding of $100,000 has been granted through the FaHCSIA (Department of Families, Housing, Community Services and Indigenous Affairs) Accessible Communities funding round for the Big Swamp Accessible Playground Project. The City of Bunbury was one of 76 successful applicants from a total of 377 across Australia. The funding agreement requires the pledged amount of $150,000 from Council in order to be formalised. The total amount including Council and grant funding will be $250,000 for the delivery of stage one of the Big Swamp Accessible Playground Project. The project aims to deliver stage one of a regionally significant accessible and inclusive playground, incorporating wheelchair-friendly playground equipment as well as natural play elements. The playground will promote inclusion and social play on all equipment pieces with children of all ages, including the inter-generational capacity for adults to interact with children on equipment pieces. Background Council decided in March 2011 (Decision No. 55/11) that:

“The City of Bunbury consider the provision of a sum of $150,000 in the 2011/2012 Annual Budget to support the Accessible Playground application to FaHCSIA (Department of Family, Housing, Community Services and Indigenous Affairs)

Commitment of this funding will be conditional upon the successful approval of the FaHCSIA grant application”.

The decision was carried with 11 votes ‘for’ / nil votes ‘against’.


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Officer Comments The project will deliver stage one of an accessible playground to facilitate social interaction and participation on all playground pieces for children with and without disabilities. Stage one will deliver a stand alone accessible playground with the provision for expansion with subsequent project stages through a modular design. The playground will be built on public parkland located to the east of the Big Swamp Wildlife Park, adjacent to existing playground equipment and accessible amenities. It will have innovative accessible functions and design concepts including adaptations made to popular pieces of equipment such as swings, slides and roundabouts. The design will incorporate existing nature elements to facilitate shared play spaces and interaction with the natural environment. The Bunbury Accessible Playground project is a high priority for the Community Access Committee and considerable planning and development has been invested in its concept and vision. If Council funding is approved, it is proposed that the project will have the following time-lines:

- Selection complete within two (2) months of grant agreement, including tendering and concept design.

- Definition complete within six (6) months of grant agreement, including detailed design and planning.

- Implementation to commence within seven (7) months, including construction.

- Operation to commence within ten (10) months, including formal playground opening and public surveys.

- Close-out completed within twelve (12) months, including project acquittals, public feedback and preparation for stage two.

- Community involvement and interaction to continue throughout the project. There has been consultation with the Community Access Committee members, Executive and relevant officers including the Landscape Architect. Analysis of Financial and Budget Implications Life-cycle Maintenance Costs (Capital Works Projects Only): The Landscape Architect (City Services) has estimated the ongoing maintenance costs to be in the vicinity of 5% of the total playground cost on an annual basis, which is equivalent to between $10,000 to $15,000, following the completion of stage one of the project. It is anticipated that the increased number of visitors to this area as a result of the playground improvements may increase the demand on carparking, in particular the number of Acrod parking bays. This will be monitored following the installation of the playground equipment. Options Option 1 As per the recommendation.


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Option 2 Council does not support the recommendation Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Slater, seconded Cr Harrop with the addition of the words “and nature based” between the words “Accessible” and “Playground” which reads as follows:

“That Council endorses the amount of $150,000 in the 2011/2012 Annual Budget allocation for the Big Swamp Accessible and nature based Playground project”. The Presiding Member put the motion (as amended) to the vote and was LOST 4 votes “for” / 5 votes “against”. Cr Craddock moved, Cr Leigh seconded an alternate recommendation being the original recommendation without the words “and nature based”.

“That Council endorses the amount of $150,000 in the 2011/2012 Annual Budget allocation for the Big Swamp Accessible Playground project.” The Presiding Member put the alternate motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.3 Morrissey Homestead Incorporated - Proposed Deed of Lease of Lot 65 (123) South Western Highway, Bunbury

File Ref: F00041

Applicant/Proponent: Morrissey Homestead Incorporated

Author: Jane Porter, Property Officer



Committee Recommendation

NOTE: This matter will need to be raised from the table before discussion can

be entered into. Pursuant to the City of Bunbury Standing Orders 15.9 the matter lie on the table until legal advice and further information regarding the leases can be obtained. Summary An application has been received from the Morrissey Homestead Incorporated (“applicant”) seeking council’s consent to renew its Lease over portion on Lot PT 65 Corner Picton Road and Dodson Road, (123) South Western Highway, Bunbury for a further fifteen (15) year term. A location plan is attached at Appendix 2. Background The applicant has occupied its current lease site since 1993. The City is proprietor of an estate in fee simple in all the piece of land known as Morrissey Homestead Inc. Part Lot 65 (123) Corner Picton Road and Dodson Road Bunbury being the whole of the land described in Certificates of Title Volume 2089 Folio 498. The applicant provides a day centre, workshop and overnight facilities for the aged and persons with disabilities. The current lease expires on 30 October 2012 and the applicant has complied with the provisions of the current lease. Morrissey Homestead has requested extension of the current lease as payment of its approved Lotteries Commission grant is subject to a copy of the lease document for an extended term being provided prior to payment of the grant. The applicant has complied with the provisions of the current lease.


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Current Lease Details Commencement: 24/6/1993 Term: Nineteen (19) years Expiry Date: 31/10/2012 Rental: $260.00 (Exclusive of GST) (Peppercorn Rental) Rent Review: CPI annually Outgoings: Responsibility of the applicant Insurance: Lessee to maintain Public Risk and General Insurance cover

over the premises with Public Liability to be set at $10(M) Proposed Renewal of Lease Details Commencement: 1 July 2011 Term: Fifteen (15) years, further option of five (5) years. Expiry Date: 30 June 2026 Rental: $156.00 per Rental Year (Exclusive of GST) (Peppercorn

Rental) Rent Review: Third anniversary date Outgoings: Responsibility of the Lessee Insurance: The Lessee to maintain Public Risk and General Insurance

Policies over the premises with Public liability to be set at $10(M)

Document Preparation:

The applicant to pay full cost of document preparation and registration

Officer Comments The applicant has leased the site since 1993 and has satisfactorily fulfilled its obligations and responsibilities under the Lease during this time. Morrissey Homestead is dependant on ongoing funding, including the Lotteries Commission to finance its operations. In the leasing discussions to determine lease conditions, Morrissey Homestead had requested Council assume responsibility for the maintenance of the building. In Council leases the lessee is responsible for the maintenance of their building and therefore this has not been agreed and has not been included in the lease document. Analysis of Financial and Budget Implications The applicant will be responsible for all costs associated with the preparation of documentation associated with the extension of the lease. Options Option 1 Per the recommendation as listed in this report.


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Option 2 Per the recommendation as listed in this report, with amendments as suggested by council members. Option 3 Council refuses the proposal by the applicant to renew its lease over portion of Lot 65 (123) South Western Highway, Bunbury. Outcome – Council Committee Meeting 21 June 2011 Cr Harrop disclosed a proximity interest in this item and has elected to stay, participate in the discussion and vote on the matter (refer to section 7). The Presiding Member asked if there were any members of the public that wished to address the Committee in regards to this item. Ms Anne Mitchell, 1 Bickerly Road Kirup – Manager of the Morrissey Homestead Inc, provided an overview and history of the organisation and the role it provided to the community to the Committee including respite care for people with disabilities and the aged. The service outgrew the original Homestead building in 1986 and a new purpose built building was built on the current site alongside the old Homestead and was initially opened in 1991. Ms Mitchell responded to questions from Council advising that 50% of our people are young people with disabilities including mental illness. Morrissey Homestead is solely funded by HACC and they are currently undertaking major extensions with the funding coming from HACC, Royalties for Regions, South West Development Commission and Lotteries Commission. We would like to thank the City of Bunbury for their donation towards the centre. Ms Mitchell explained that the current draft lease contains a clause 11.1 which states that the Morrissey Homestead Inc is responsible for all maintenance. The Board is requesting Council to consider option 2 of the agenda item and adding a clause that Council be responsible for the structural maintenance of the building. The board is asking to share these costs with Council. They understand that there is a common structure of broadly compatible, comparable clauses in lease agreements for other community organisations and believe that a one size fits all lease is not entirely appropriate. The property that the Morrissey Homestead building is situated on substandard soil and is subject to subsidence to parts of the building which are contributing to structural damage. This request has arisen as Morrissey Homestead is at present unable to provide a safe working environment and meet its contractual Government obligations for its employees and its clients. We have a contract with the Health Department to deliver services to clients and should the service not be available then we would be in breach of that agreement. The recommendation (as printed) was moved Cr Harrop, seconded Cr Craddock. Cr Craddock moved, Cr Harrop seconded an amendment that reads as follows:


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Add a point 3 “That a condition report on the building be obtained urgently and be referred to the next round of Council meetings for consideration”. It was pointed out that Council will be entering into recess after this round of meetings so it might not be wise to refer the matter to the “next round of Council meetings”. The amendment was changed to read:

“3 That a condition report on the building be obtained urgently and be referred to Council for consideration”

The Presiding Member put the amendment to the vote and was CARRIED 6 votes “for” / 3 votes “against”. Cr Steck moved procedural motion 15.9 that the matter lie on the table until as such time as they receive legal advice and further information regarding the lease agreements on this matter. The Presiding Member put the procedural motion to the vote and was adopted to become the Committee’s recommendation on this matter. It was requested that the votes be recorded as follows: For: Deputy Mayor Cr Kelly, Cr Jones, Cr Craddock, Cr Steck, Cr Leigh, Cr

Steele, Cr Spencer Against: Cr Slater, Cr Harrop

Council to Note: Following the Council Committee Meeting Tuesday 21 June 2011, the following information has become available: Morrissey Homestead Building Structural Report –

The Structural Report on the Morrissey Homestead Building undertaken by Peter Suckling of Suckling Civil & Structural Engineers was distributed to Councillors Thursday 23 June 2011. Legal Advice –

Legal advice obtained is that as Council is the owner of the property freehold, and consequently owner of the Building, it is appropriate that Council be responsible for the Structural Integrity of the Building. Alternative Recommendation –

Therefore, it is proposed the following alternative recommendation be considered: Council agrees to renew the Lease with the Morrissey Homestead Incorporated over portion on Lot PT 65 Corner Picton Road and Dodson Road, (123) South Western Highway, Bunbury for a term of fifteen (15) years subject to the terms and conditions as specified in the report, and the following:

1. The applicant to pay all costs associated with the lease application including document preparation and rental assessment.


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2. Compliance with the requirements of Section 3.58 of the Local Government Act 1995.

3. Council be responsible for maintaining the Structural Integrity of the Building to its satisfaction.

4. Other Cleaning, Maintenance and Building Repairs be in accordance with Section 9.4 of the Deed of Lease which reads:

“The Lessee shall keep and maintain:

(a) the Demised Premises and all improvements and fixtures thereon, or which may during the Term or any extension or renewal thereof be placed thereon, to be in leaseable repair and condition and clean in accordance with the reasonable requirements of the Lessor and in good order to the satisfaction of the Lessor; and

(b) The Demised Premises and its surrounds in a clean and tidy state and free from dirt and rubbish at all times to the satisfaction of the Lessor.”


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11.4 Hang Gliding Association of WA – Application for Licence to Utilise Portion of Ocean Drive Road Reserve for Take-Off/Landing Area

File Ref: F00101-39

Applicant/Proponent: Hang Gliding Association of WA

Author: Jane Porter, Property Officer



Committee Recommendation Council agrees to grant a Licence to the Hang Gliding Association of WA over Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Carpark for a term of twelve (12) months trial period subject to the terms and conditions as specified in the report, and the following:

1. The applicant to pay all costs associated with the licence application including document preparation.

2. Compliance with Civil Aviation Safety Authority (CASA) requirements/regulations.

3. No disturbance of the dune is to occur and if any does occur it is to be repaired at the Licensee’s expense.

Summary An application has been received from the Hang Gliding Association of WA (“applicant”) seeking council’s consent to a Licence at Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Carpark for a twelve (12) month trial period. A location plan is attached at Appendix 3. Background The applicant has been using the current site for hang gliding/paragliding operations for at least 30 years (since 1980). The take off/landing area comprises an area of approximately 170m² and is situated on the Ocean Drive Road Reserve, adjacent to the Mangles Street Toilet Block and Carpark. Proposed Licence Details Commencement: 1 August 2011 Term: Twelve (12) months trial period Expiry Date: 31 July 2012 Rental: $500.00 plus GST annual licence fee Outgoings: Responsibility of the Lessee Insurance: The Lessee to maintain Public Risk and General

Insurance Policies over the premises with Public liability to be set at $10(M)


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Special Conditions: (i) Compliance with Civil Aviation Safety Authority (CASA) requirements/regulations.

(ii) Comply with the Local Government Act 1995 – Local Government and Public Property Local Law.

(iii) There is to be no disturbance of the dunes and if any does occur it is to be repaired at the Licensee’s expense AND the City may decide to revoke permission for the activity.

(iv) The Hang Gliding Association of WA is to ensure the use of the Back Beach Site will only be permitted by persons holding appropriate current certification.

(v) The Hang Gliding Association of WA implement appropriate safety rules to ensure safe use of the site.

Document Preparation:

The applicant to pay full cost of document preparation and registration

The City’s Executive and the applicant have mutually agreed on the proposed term and conditions of the Licence. Officer Comments The Hang Gliding Association of WA have been flying on the Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Toilet Block and Carpark since 1980. To date there are been no reports of major injuries or incidents to pedestrians or vehicles in the vicinity or surrounding areas. There will be no disturbance of the sand dunes and if any does occur it is to be repaired at the Licensee’s expense AND the City may decide to revoke permission for the activity. Analysis of Financial and Budget Implications The applicant will be responsible for all costs associated with the preparation of documentation associated with the licence. The annual licence fee is based on other Local Government fees currently charged for the same sporting activity. Options Option 1 Per the recommendation as listed in this report. Option 2 Per the recommendation as listed in this report, with amendments as suggested by council members.


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Option 3 Council refuses the proposal by the applicant to a Licence over Back Beach Ridge, Ocean Drive Road Reserve, Bunbury South. Outcome – Council Committee Meeting 21 June 2011 The Presiding Member asked if there were any members of the public that wished to address the Committee in regards to this matter. Mr Sun Nickerson, 67 Kessel Road Crooked Brook – representing Hang Gliding Association of WA, addressed the Committee and made the following points: - Hang gliding has been around in the Bunbury area for approximately 34 years - Para gliding has been approximately 10 years - Never been an issue before until there was a change in the aviation laws - They have never had any incidents or problems - Hang gliding and Para gliding is very popular - Has the same amount of risk involved as horse riding, motor cycling etc - They have strict guidelines for all their users - They are not expecting a change in the numbers of members - As their sport is in a public area they maintain a $10M public liability

insurance policy - They find the Council requirements reasonable - They are not asking the Council for any funding - They have looked at other spots but have found Bunbury to be the best - There is currently 2,600 members across Australia - Strict safety guidelines – such as no solo flying The recommendation (as printed) was moved Cr Slater, seconded Cr Steele. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.5 Nomination for Appointment to Bunbury Regional RoadWise Committee

File Ref: A04616


Author: Gemma Bourne, Engineering Administration Officer

Executive: Michael Scott, Executive Manager City Services


Committee Recommendation Ms Tegan Studsor is appointed as a Committee member to the Bunbury Regional RoadWise Committee. Summary Ms Tegan Studsor has nominated for appointment to the Bunbury Regional RoadWise Committee to fill a position allocated to a community member. The appointment of Ms Tegan Studsor is supported by the Bunbury Regional RoadWise Committee. Background The Bunbury Region RoadWise Committee was formed in 1998 and consists of interested members of the public and representatives of organisations concerned with road safety. The committee’s terms of reference reflects these concerns and are as follows:

- Continue the development of road safety within the Bunbury Region.

- Develop and maintain a Road Safety Strategy document.

- Prioritise and recommend actions to be adopted. Currently, the committee comprises of His Worship the Mayor, Cr Harrop, Cr Slater and the following agency and community representatives:

- Paul Cassidy, Southern Road Services

- Alan Roberts, Main Roads Western Australia

- Darren Spouse, St Johns Ambulance

- Lisa Gartrell, School Drug Education and Road Aware

- Brad Brooksby, Community Member

- Murray Cook, Fire & Emergency Services Australia

- Sgt Gerard Murphy, South West Traffic – Bunbury Police

- Gordon Pattenden, Road Skills Australia – Driving School The committee also consists of a RoadWise Officer (Gavan Hayllar), Jason Gick (City Engineer – City of Bunbury), and Gemma Bourne (Engineering Administration Officer – City of Bunbury) who do not have voting rights.


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The confidential nomination form received from Ms Tegan Studsor has been circulated to members under separate cover. Officer Comments The members of the Bunbury Region RoadWise Committee unanimously support appointment of the nominated committee member. Analysis of Financial and Budget Implications There are no budget implications as a result of this proposal. Options Option 1 Per the Executive Recommendation listed in this report. Option 2 Council may elect to defer the appointment of the nominated member to the Bunbury Region RoadWise Committee until after the October 2011 Local Government elections. Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Slater, seconded Cr Steck. At this point in proceedings (8.07pm), Cr Jones left the Chambers and was not present for the vote. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.6 Proposed Amendment to Scheme Text within Part 8 of Town Planning Scheme No.7 – Development of Land

File Ref: TBA


Author: Kelvin D Storey, Senior Strategic Planner

Executive: Geoff Klem, Executive Manager Development Services

Attachments: Report Under Separate Cover

Committee Recommendation That Council:

1. In accordance with the Planning and Development Act 2005 resolve to initiate Amendment No 54 to the City of Bunbury Town Planning Scheme No 7 to amend text within Part 8 (Development of Land) of the Scheme.

2. Refer the proposed Scheme Amendment 54 documentation to the Western Australian Planning Commission (WAPC) for approval to advertise for public comment.

3. Refer the proposed Scheme Amendment 54 documentation to the Environmental Protection Authority (EPA) for approval to advertise for public comment.

4. Subject to approval of the Western Australian Planning Commission and Environmental Protection Authority, advertise the proposed Scheme Amendment 54 for a period of not less than 42 days.

Summary Part 8 of Town Planning Scheme No.7 (TPS7) is concerned with the ‘Development of Land’ and requires up-dating and revision primarily to address and reflect recent legislative advice from the State in respect of the regulatory control of signs and advertising devices. In reviewing Part 8 the opportunity has been taken to make minor modifications to other text and to add required advice notes relevant to this part, having regard to both Model Scheme Text (MST) and the promulgation of the Greater Bunbury Region Scheme (GBRS). Attachment 1 (under separate cover) includes a draft copy of the proposed Scheme Amendment 54 documentation. Background Under the heading “Development of Land”, Part 8 of TPS7 deals with several matters including that of “Permitted Development” at 8.2.1. This clause essentially provides the list of developments that do not require the planning approval of local government under the Scheme. Whilst some types of development within the list are provided by the Model Scheme Text, there remains scope to seek to include or exclude particular works and activities.


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Part 8 has been the subject of a recent in-house review, and this included a comparative assessment of content found within the Local Planning Schemes of other local authorities. Whilst key findings will be investigated further and used to feed into the forthcoming Scheme Review process, current clause 8.2.1 (e) which deals with signs and advertising devices requires more immediate action and forms the basis of the proposed scheme amendment Officer Comments At 8.2.1 (e) TPS7 identifies “the erection and display of signage” as permitted development under the Scheme, but subject to the provisions of the Councils local laws. Whilst this approach represents a departure from MST, the City has processed sign licence applications using its local laws introduced under the Local Government Act 1995 for many years without difficulty. Recent State advice however contained in Department Circular No. 3-2010 identifies the Planning and Development Act 2005 as the most appropriate head of power for regulating signage on private land. Having now reviewed this matter in some depth, which has included feedback from the City’s lawyers, it would appear prudent to initiate a Scheme Amendment as soon as possible in order to ensure the City is manages and controls the display of signage on private land thorough TPS7 rather than relying on the local law. The proposed modification to clause 8.2.1 (e) reflects the wording provided within the MST and reads as follows:

e) Any of the exempted classes of advertisements listed in Schedule 9 except in respect of a place included in the Heritage List or in a Heritage Area;

Schedule 9 already exists within TPS7 but essentially serves no purpose (Attachment 2 – under separate cover). The change to the subject clause as proposed will activate this Schedule in its current form and thereby enable it to function effectively. Should the proposed amendment be endorsed by the Minister, the next step would be to supplement the Scheme with a new Local Planning Policy that is a refined version of the current City of Bunbury Signage and Advertising Devices Policy (that presently operates under the City’s local laws). A ‘home office’ is added to the list of permitted developments. This will ensure the Scheme is consistent with the Model Scheme Text in this respect, and would remove the responsibility of householders to seek annual registration of their activities where these fall under the definition of a home office – i.e.

“home office” means a home occupation limited to a business carried out solely within a dwelling by a resident of the dwelling but which does not –

(a) Entail clients or customers travelling to and from the dwelling;

(b) Involve any advertising signs on the premises; or

(c) Require any external change to the appearance of the dwelling”


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Community Consultation The proposed scheme amendment will be required to be advertised for public comment for not less than 42 days in accordance with the requirements of the Planning and Development Act 2005 and associated Town Planning Regulations 1967. Strategic Relevance Updating the Town Planning Scheme in the manner proposed will reflect the recommendations of the State and will ensure that the City is able to continue to confidently manage, control and enforce the display of signage and advertising devices on private land. Analysis of Financial and Budget Implications. Nil, except for advertising costs. Options Option 1 As per recommendation Option 2 As determined by Council. Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Steck, seconded Cr Slater. At this point in proceedings (8.08pm), Cr Jones returned to the Chambers and was present to vote on all the remaining items in the agenda. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.7 Tender for Solar Thermal Hot Water System SWSC RFT 2010 2011-11

File Ref: A04549


Author: Mark Robson, Contract Co-ordinator

Executive: Ken Weary, Executive Manager Corporate Services.

Attachments: Confidential Report Committee Recommendation Council accepts the tendered lump sum fee submitted by Supreme Heating being for the design, supply and installation of a Solar Thermal Hot Water System to the two swimming pools located at the South West Sports Centre. Summary The City of Bunbury has advertised for suitably experienced companies to provide a design, supply, delivery, installation, testing, commissioning and subsequent maintenance of a solar thermal hot water heating system for two swimming pools that form part of the South West Sports Centre complex. The specifications were developed by Norman Disney & Young. Background Request for Tender (RFT) documents were prepared and advertised in The West Australian on 6 April 2011 and in the South Western Times on 7 April 2011. The tender closed at 3:00pm on Thursday, 28 April 2011. The City's, Building Construction Officer and Customer Service Officer opened the tender box. A total of 11 interested companies requested and received the tender documents. By closing, three tenders had been received, as follows.

1. Supreme Heating 21 King William Street, South Fremantle WA.

2. Carbon Footie 1060 Hay Street ,West Perth WA.

3. Heliocol Po Box 2593 Malaga WA. An evaluation panel comprising the Manager South West Sports Centre, Consultant Engineer from Norman Disney & Young and the City’s Contract Coordinator, assessed the submissions. The tenders were evaluated using the following criteria:

- Compliance

- Qualitative

- Price Compliance Criteria The following compliance criteria were used to assess the tenders:


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a) Compliance with the Specifications contained in the request yes/no

b) Compliance with the Conditions of Tendering contained in this request yes/no

c) Compliance with the Quality Assurance requirements for this request. yes/no

d) Compliance with the delivery of date of your response. yes/no

e) Compliance and completion of the Tender sum, Tender appointment, Schedule of rates, Schedule of contractors, Schedule of manufacturers yes/no

Qualitative Criteria The following Qualitative Criteria were used to assess the tenders:

Weighting

a) Relevant experience with similar projects 5

b) Skills and experience of key personnel 5

c) Methodology 5

d) Contractors resources 5 Price Evaluation of the tender prices has been assessed but because the results are "commercial in confidence" details are listed in a Confidential Report that has been circulated to members under separate cover. Officer Comments Estimated savings in energy costs of $65,000 per year at current energy costs will result in a 7 year payback. CO2 emissions reduction would be 273 tonne per annum. Analysis of Financial and Budget Implications The revised budget allocated for this project is reduced to $478,000. Grant Funding totalling $417,000 has been received for this project. Life-cycle Maintenance Costs (Capital Works Projects Only) The annual maintenance cost for the equipment submitted with the tender is $1600 per annum. This is expected to increase annually with CPI and be approximately $2500 at the end of warranty period. These costs will be met directly by the South West Sports Centre annual operating budget. Council Policy Compliance The tender process complies with the requirements of the City's Work Procedure WP4.12 "Tender Procedure and Associated Legislation". Council's CPS12


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"Purchasing - Local Preference Policy" was applied during evaluation of the tender, but has not affected the outcome. Legislative Compliance Advertising and processing of tenders was conducted in accordance with the Local Government (Function and General) Regulations 1996, Part 4 "Tenders for Providing Goods or Services". Delegation of Authority The total cost of this contract exceeds $100,000. Therefore it has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Options Option 1 Council accepts the tendered lump sum fee submitted by Supreme Heating being for the design, supply and installation of a Solar Thermal Hot Water System at the two swimming pools located at the South West Sports Centre. Option 2 Reject all tenders Comment: This is NOT supported by the Tender Evaluation Panel. Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Slater, seconded Cr Harrop. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.8 Financial Statements – May 2011

File Ref: A02838


Author: David Ransom, City Accountant


Attachments: Report Under Separate Cover

Committee Recommendation The Financial Statements for the periods ending 31 May 2011 be received. Summary/Background Financial Statements for the period ending 31 May 2011 have been circulated to members under separate cover. The statements include the following: - Income Statement - Balance Sheet - Statement of Changes in Equity - Statement of Financial Activity - Statement of General Purpose Income - Statement of Rating Information The Financial Statements also contain a number of explanatory notes covering the following topics: - Significant Accounting Policies - Description of Programmes - Net Current Assets - Trade and Other Receivables - Other Current Assets - Trade and Other Payables - Provisions - Trust Funds - Capital Expenditure - Key Operating Expenditure & Income - Loan Funds - Reserve Funds - Bunbury Timber Jetty - Investment Funds Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Steck, seconded Cr Leigh. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.9 Motion on Notice – ACTIV Business Service Centre

File Ref: A00217

Applicant/Proponent: Councillor Michelle Steck

Author: Councillor Michelle Steck

Executive: If adopted by Council refer to: Andrew Brien, Chief Executive Officer

Attachments: Nil

Committee Recommendation That the CEO be requested to commence negotiations with Activ to develop a long term works program that can be supported by Activ, and a report be brought back to council prior to the August meetings of council. Motion on Notice – Cr Steck Cr Steck submitted the following motion for the Council Committee Meeting on 21 June 2011: "1. That council immediately indorse commitment to the ACTIV Business Service

Centre in Bunbury.

2. Council establish and commit to long term contracts with ACTIV which may include the timber processing section, packaging and assembly section and the property care section.

3. The contract between council and ACTIV shall provide for two (2) days per week, full time with crew numbers to be determined by council and ACTIV on needs basis."

Comments - Cr Steck In support of her motion, Cr Steck states that, "ACTIV Bunbury has been providing work for disabled persons within the South West for over forty four (44) years. ACTIV provides many services for persons with disabilities within the community such as respite services, accommodation services, personal development, career development, have an established transport division (which transports workers), timber processing section which employs 41 workers and a packaging and assembly section which employs 48 workers. Currently both Manjimup and Busselton Councils have long term commitments with ACTIV; these disabled persons are engaged in meaningful and satisfying work, which directly contributes to the individual feeling positive whilst providing a valued contribution to the community. The numbers of employees are expected to rise as ACTIV has an annual intake from schools within the South West and cares for adults with disabilities whose parents are aged or deceased. The types of persons employed by ACTIV are predominately intellectually impaired, this means these persons have difficulty in finding normal employment; they are also restricted with the types of work they can undertake. ACTIV provides a work ready


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program for their workforce by assessing individual’s capacity for work so the individual can feel confident they can undertake the types of work both safely for themselves and others. ACTIV provides work in suitable work environments; it is also our obligation to assist our community people with disabilities to become actively engaged in meaningful work. Employed persons with disabilities are happier in themselves and work assists them to have a purpose in life, this is particularly important for individuals self confidence. ACTIV provide trained supervisors with their entire workforce, this is to safeguard all persons within the work environment. All supervisors have first aid training; safety equipment and the property section have horticultural diplomas. All safely equipment for individuals are supplied by ACTIV, these include the protective clothing, goggles, gloves, hats, etc. Both the timber processing section and the packaging and assembly section workers are generally higher skilled and undertake the following types of work:

- light assembly work –pallet making

- packaging

- carton inserts

- labels on boxes and de-labelling

- folding leaflets, letter sorting, collating and mail outs

- paper shredding

- recycling of products

- custom sewing Bunbury ACTIV are currently looking for more business activities within the property care division, the types of work for this section that individuals have engaged in are:

- gardening, parks and gardens,

- cemetery clean up and maintenance

- painting fences

- mowing

- weeding The Shire of Busselton recently immediately offered long term contracts to ACTIV workers throughout the Parks and Gardens Department when ACTIV had difficulty in establishing long term contacts for ACTIV personnel. LAMANEX have also recently committed to workforce contracts with ACTIV. After discussions with the South West Business Service Manager, ACTIV will continue to develop opportunities within the South West such as engaging with other service providers, which could also possibly provide work for persons with mental health problems Other targeted work opportunities may include dishwashing, cleaning, etc. ACTIV South West have identified possible business ventures to provide continuity for work but are restricted due to lack of capital. Other management hurdles for ACTIV are higher overhead costs both in health and training of ACTIV workforce participants and the assessment process for the individual, which identifies the ‘right fit’ for the


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individual’s capacity, this process is crucial for positive transition and long term engagement within the workforce. ACTIV is restricted by the ratio of number of workers and supervisors, which are 4 persons and 1 supervisor. The ACTIV model in undertaking contracts or providing trained workforce crews consist of 4 persons and 1 supervisor at a cost of$ 100 per hour, all workers have their own safety equipment as previously mentioned. ACTIV transports their workforce to the site and off site during commencement of work and completion of work - daily. In engaging with the ACTIV workforce it generally means that tasks take a little longer to complete in comparison to the average worker. ACTIV remains the employer and therefore all wages on-costs such as payroll tax, superannuation, holiday entitlements and so on are the responsibility of ACTIV. Council has the capacity to outsource some of it’s workforce, and as I have identified on several occasions through the accounts paid reports of council, council has engaged in hiring labour many, many times, sometimes with an exorbitant cost, an in fact Council continues this practice. I have not costed the comparisons in any possible fiscal savings in committing to long term contracts with ACTIV, but on quick assessment the savings are on the ACTIV side of the ledger. As already identified, Council is not required to supply safety clothes and equipment, pay the on- costs of employment such as superannuation, payroll tax, holiday entitlements, sick leave, grief leave and all other associated employment costs. Council does have an obligation to the ratepayers of Bunbury to have strict fiscal management. I believe that if the economic modelling was completed there is identifiable savings in engaging into contractual arrangements with ACTIV however, I believe there is the moral obligation to persons with disabilities to consider. Council as the community leader identifies several community projects that provide either better standards for individuals and groups, provide equipment for individuals or groups, providing or supporting programs to assist individuals in some way, but on the whole, generally provide assistance to many organisations across our community, many of those recipients are persons who are far more able than any person employed with ACTIV. Any kind of impairment is difficult to live with, for many persons within our community the level of impairment varies and some have extreme need as we are all well aware. With ACTIV, Council can make a difference in many people’s lives by providing opportunities so that they may live a normal satisfying life, with a sense of purpose and as equally important, valued inclusion into our community. " Executive Comments Due to the absence of the Chief Executive Officer at the time of preparing this agenda no comment was formally made however a considered response will be tabled at the Committee meeting Tuesday, 21 June 2011. Cr Steck’s Motion 1. That council immediately indorse commitment to the ACTIV Business Service

Centre in Bunbury.


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2. Council establish and commit to long term contracts with ACTIV which may include the timber processing section, packaging and assembly section and the property care section.

3. The contract between council and ACTIV shall provide for two (2) days per week, full time with crew numbers to be determined by council and ACTIV on needs basis.

Outcome – Council Committee Meeting 21/06/2011 The Chief Executive Officer provided the following response to Cr Steck’s motion for the Committee meeting held 21 June 2011. “On 1 June 2011 the City of Bunbury was contacted by Adele Farina’s office regarding the availability of Activ employees to complete tasks identified by Cr Steck in the motion on notice. This request was forwarded to all staff at the City of Bunbury, and included the contact details for the Activ Business Manager, should any staff require tasks to be completed by Activ. Council currently uses the services of Activ where possible, (including mail outs, letter and brochure folding etc) and this should not be overlooked. Before the City of Bunbury can consider entering into a long term arrangement, the scope of works needs to be identified to make sure that we can achieve something positive and meaningful in terms of the work to be completed. While some of the tasks able to be performed by Activ (e.g. envelope stuffing) will save time for City employees, we need to ensure that we do not take work away from the full time work force. In order to get a better idea of how the City of Bunbury can assist Activ with the delegation of appropriate duties, Council could enter into discussions with Activ to identify the services that are specific to the City that Activ are able to provide on a longer term basis. There may be some scope to use the services in areas such as the quoted parks and reserves, and longer term clean-ups in areas such as the Preston River to Ocean Regional Park. Preliminary meetings have already been held between the CEO of the City of Bunbury and Activ”. He offered the following as an alternate recommendation:

“That the CEO be requested to commence negotiations with Activ to develop a long term works program that can be supported by Activ, and a report be brought back to council prior to the August meetings of council.” The Motion on Notice (as printed) was moved Cr Steck, seconded Cr Steele to become the motion under discussion. The Presiding Member put the motion to the vote and was LOST 2 votes “for” / 7 votes “against”. Cr Slater moved, Cr Leigh seconded the alternate motion offered by the CEO.

“That the CEO be requested to commence negotiations with Activ to develop a long term works program that can be supported by Activ, and a report be brought back to council prior to the August meetings of council.”


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The Presiding Member put the alternate motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.10 Items to be Noted (No Discussion) at the Council Committee Meeting

File Ref: Various


Author: Various

Executive: Various

Attachments: Under Separate Cover

Committee Recommendation The following items listed in the report circulated under separate cover, are noted for information only: 1. Title: Christmas Carnival 2010 – Event Operational Report

Author: Nardine Walford-Jones, Event Coordinator File: A03402

2. Title: Australia Day Celebrations and Fireworks Spectacular 2011 – Event Operational Report

Author: Nardine Walford-Jones, Event Coordinator File: A03402

3. Title: Viva Bunbury! 2011 – Event Operational Report Author: Nardine Walford-Jones, Event Coordinator File: A03402

4. Title: Development Approvals – 1 to 31 May 2011 Author: Gary Fitzgerald, Manager Development Services File: A00088-02

5. Title: Schedule of Accounts Paid for the Period 1 to 31 May 2011 Author: David Ransom, City Accountant File: A00083

Committee Members to refer to the report circulated under separate cover. Outcome – Council Committee Meeting 21 June 2011 The recommendation (as printed) was moved Cr Leigh, seconded Cr Harrop. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter.


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11.11 Bunbury Dance Studio – Request for Rental Concession

File Ref: F00033

Applicant/Proponent: Stefan Whiteside, Bunbury Dance Studio

Author: Ron Boardley, Property & Rating Coordinator



Committee Recommendation That the lease remain in "hold over" and the property be advertised for lease at the full market lease rental. The purpose of any proposed use to comply with the permitted purpose under the Management Order of "Cultural Centre, Restaurant and Parking" A confidential report and recommendation has been circulated to members under separate cover. Outcome – Council Committee Meeting 21 June 2011 The recommendation as printed in the Confidential Report was moved Cr Spencer, seconded Cr Craddock. The Presiding Member put the motion to the vote and was LOST 4 votes “for” / 5 votes “against”. An alternate recommendation was moved Cr Slater, seconded Cr Steele. The Presiding Member put the motion to the vote and was adopted to become the Committee’s recommendation on the matter. Cr Spencer moved procedural motion 15.10 of the City of Bunbury Standing Orders that the meeting be reopened to the public. The Presiding Member put the procedural motion to the vote and was CARRIED 9 votes “for” / nil votes “against”. The meeting reopened to the public and press.


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12. Motions on Notice

13. Urgent Business (With Approval of Majority of Members Present as Permitted Under Standing Order 5.1.13)

14. Items to be Noted or Endorsed

There are no new items for noting.

15. Confidential Business as Stipulated Under Section 5.23(2) of the Local Government Act 1995

NOTE: Pursuant to Standing Order 15.10, the following Procedural Motion needs to be moved if there are items to be discussed under this heading: "The meeting exclude members of the public to permit Confidential Business (as defined by the Local Government Act 1995) to be discussed."

15.1 Purchase of Replacement Vehicle

File Ref:


Author: Krystal Savage, Acting Fleet Coordinator

Executive: Michael Scott, Executive Manager City Services


A confidential report and recommendation has been circulated to members under separate cover.

16. Close of Meeting

council agenda 28 june 2011 - city of bunbury and minutes... · 2018-04-19 · 2010 2011-11 ... esl...

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