bunbury city council notice of meeting and agenda 22 … and minutes/archives 20… · 11.2...

CITY OF BUNBURY4 Stephen Street

Bunbury WA 6230Western 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

Bunbury City Council Notice of Meeting and Agenda 22 May 2012 To: Mayor and Councillors 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, 22 May 2012 at 6.00pm.

Andrew Brien Chief Executive Officer (Date of Issue: 17/05/2012) Have a say in shaping your City’s future Visit yoursaybunbury.com.au

Table of Contents

Item No Subject Page

1. Declaration of Opening by the Presiding Member..................................1

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

2.1 Request for Leave of Absence – Councillor Stephen Craddock ........................2

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

4. Public Question Time .............................................................................3

5. Questions on Notice from Council Members (No Discussion Permitted................................................................................................3

6. Confirmation of Previous Minutes ..........................................................4

7. Disclosures of Interest under the Local Government Act 1995 ..............5

8. Announcements by the Presiding Member (No Discussion Permitted)...............................................................................................5

9. Reception of Formal Petitions and Memorials........................................5

10. Chief Executive Officer Reports .............................................................6

10.1 Honorary Freeman of the City of Bunbury Policy...............................................6

10.2 WA Regional Cities Alliance...............................................................................8

10.3 Extra Ordinary Election – Resignation of Councillor Cameron Bridges ...........11

10.4 Nominations for Vacancies - South West Development Commission Board Of Management ....................................................................................................13

10.5 Regional Priorities for the Greater Bunbury Region.........................................15

10.6 WA State Coastal Conference 2013 ................................................................17

11. Director Community and Customer Services Reports ..........................18

11.1 Changes to the Bunbury Regional Arts Management Board Constitution .......18

11.2 Foreshore Art Gallery project ...........................................................................20

12. Director Corporate Service Reports .....................................................22

12.1 Proposed Deed of Lease – The Federation of Western Australian Police and Community Youth Services Inc. over Portion of Reserve 30601 (Hay Park) 3001 Parade Road, Bunbury............................................................................22

12.2 Proposed Deed of Surrender – Reserve 28408 Carpark, previously Lot 474 Bussell Highway, now Lot 510 Bussell Highway, South Bunbury – Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones ......................................................25

12.3 Advertising the Proposed Property Rates for the 2012/13 Budget ..................27

12.4 CBD Marketing Specified Area Rate................................................................29

Table of Contents

Item No Subject Page

12.5 Financial Statements for the Period Ending 30 April 2012...............................32

13. Director Planning and Development Services Reports.........................35

13.1 Local Planning Policy: Detailed Area Plan – Casuarina Drive (cnr Wollaston Street) LOT: 222 No.36 Casuarina Drive Bunbury...........................................35

13.2 CBD Parking Review Report............................................................................38

13.3 Committee Review – Greater Glen Iris / Moorlands Project Control Group.....42

14. Director Strategic Integration Reports ..................................................44

14.1 Lighting up Bunbury .........................................................................................44

14.2 BREC Expansion .............................................................................................48

14.3 Revised Emergency and Community Services Hub Concept Plan, Reserve 23839, Bussell Highway, Withers.....................................................................52

15. Director Works and Services Reports ..................................................55

15.1 Koombana Drive / Estuary Drive Intersection Upgrade ...................................55

15.2 Activ Business Property Care Services............................................................57

15.3 Victoria Street Streetscape Project ..................................................................60

16. Advisory Committee Minutes to be Noted ............................................63

16.1 Minutes – CBD parking Strategy Project Control Group ..................................63

16.2 Minutes – Bunbury Environment and Sustainability Advisory Committee........ 63

16.3 Minutes – Bunbury-Setagaya Sister Cities Committee ....................................64

16.4 Minutes – City of Bunbury Art Collection Management Committee .................64

17. Items to be Noted (No Discussion).......................................................65

17.1 Schedule of Accounts Paid for the Period - 1 to 30 April 2012 ........................65

17.2 Councillor Reports – Councillor Murray Cook ..................................................65

17.3 City of Bunbury Event Operational Reports .....................................................66

18. Motions on Notice.................................................................................67

19. Urgent Business...................................................................................67

20. Confidential Business as Stipulated under Section 5.23(2) of the Local Government Act 1995...........................................................68

20.1 Tender for Construction of a Wetland Exhibit at the Bunbury Wildlife Park – RFQ 2011 2012-32 ..........................................................................................68

20.2 Proposed Road Closure and Disposal of Land - Portion of Blair Street Road Reserve Adjacent Lot 107 Strickland Street, Bunbury .....................................70

20.3 Withers Community Renewal Action Plan........................................................73

21. Close of Meeting ..................................................................................73

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 Catchment 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

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

LCC Leschenault Catchment Council 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

Council Agenda 22 May 2012

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Agenda 22 May 2012

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 – Presiding Member Deputy Mayor Councillor Stephen Craddock Councillor Cameron Bridges Councillor Murray Cook Councillor Judy Jones Councillor Brendan Kelly Councillor Alfred Leigh Councillor Neville McNeill Councillor Sam Morris Councillor David Prosser Councillor Ross Slater Councillor Michelle Steck Councillor Karen Steele 1. Declaration of Opening by the Presiding Member


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2. Record of Attendance, Apologies and Leave of Absence 2.1 Request for Leave of Absence – Councillor Stephen Craddock

File Ref: A00215 Applicant/Proponent: Councillor Stephen Craddock Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Nil Summary/Background Councillor Stephen Craddock requests leave of absence from all Council-related business from 18 to 21 June 2012 inclusive to attend the Australian Local Government Association Conference in Canberra. Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of its members provided that the period of leave does not exceed six consecutive ordinary meetings of the Council. Executive Recommendation Pursuant to Section 2.25 of the Local Government Act 1995, Councillor Stephen Craddock is granted leave of absence from all Council-related business from 18 to 21 June 2012 inclusive.


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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

Cr Steck submitted the following question (in writing) prior to the close of the meeting agenda. A response has been provided by the Director Corporate Services: Question: What are the amounts spent on the following items

1. Promotions 2. Promotional products 3. Advertising 4. Tourist Bureau operations for products i.e. hats 5. Tourist Bureau for brochures and materials?

Response : 1. The City of Bunbury Marketing department has undertaken the

following promotions in the 2011/2012 financial year: a. Spring 2011 Campaign – 4 weeks, 5 newspapers ½

page advert $18,000 b. TV Brand Bunbury Campaign 2012 – 2 weeks, 49 TV

Spots Metro and Video production $37,500 c. TV Brand Bunbury Campaign 2012 2 weeks TV spots

Metro $20,000 d. Autumn 2012 Campaign – 4 weeks, 5 newspapers ½

page adverts $18,000 e. On zuji.com.au reaching Asian Market

(Singapore/Indonesia) On tripadvisor.com reaching Malaysia/Singapore $10,500

2. The City of Bunbury Marketing department has undertaken the following promotions in the 2011/2012 financial year a. Destination – Presentation folders, promotional

Destination bags, Destination bumper stickers $2,500 b. Corporate – Promotional corporate bags, pens

$2,215.60

3. The City of Bunbury Marketing department has undertaken the following promotional advertising in the 2011/2012 financial year


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a. Destination – Scoop 2 x directory listing 2011/12, listing page LetsGoKids, Australian Seniors Magazine, ASW Holiday Planner $10,500

b. Corporate – Road Safety, Community Consultation, SES Volunteer Journal, Annual Government Directory, WA Volunteer Fire and Rescue Calendar, Lions Diary $3,586.40

c. All other Departments – Advertising and Public Relations including all statutory advertising requirements, public notices etc $432,971

4. Tourist Bureau – Not applicable for 2011/2012 financial year

5. The City of Bunbury Marketing department for Destination marketing has undertaken the following promotions in the 2011/2012 financial year: a. 2012 Bunbury Geographe Visitor Guide Printing (free

distribution) $16,500 b. Artwork $9,244.80 c. CBD Maps $3,919.09 d. “Things to Do” flyer $390.00

Total expenditure for the City of Bunbury Marketing department for the 2011/2012 financial year $152,856.

Total advertising expenditure for the City of Bunbury as a whole $585,826. Please note: - All promotional materials brochures and the likes used by the

Visitor Centre are produced and delivered by the Marketing tem and destination budget is not run through the Visitor Centre operations (referring to item 4 and 5 as outlined in the table above).

6. Confirmation of Previous Minutes

The minutes of the Council meeting held 24 April 2012 have been circulated. Executive Recommendation The minutes of the Council meeting held 24 April 2012 be confirmed as a true and accurate record.


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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 Presiding Member before the meeting commences

At the Agenda Briefing held 15 May 2012 Cr’s Steck and Prosser disclosed a financial interest in the Confidential item titled “Proposed Road Closure and Disposal of Land - Portion of Blair Street Road Reserve Adjacent Lot 107 Strickland Street, Bunbury” as the have personal relationships with the proponents. They will leave the chambers and not participate in the discussion or vote on the matter. Cr’s Cook and McNeill disclosed impartiality interests in the item titled ‘Revised Emergency and Community Services Hub Concept Plan, Reserve 23839, Bussell Highway, Withers’ as Cr Cook is a volunteer with the SES who will be located at the site and Cr McNeill is on the Board of Community Home Care. They will remain in chambers, take part in the discussion and vote on the matter. The Mayor disclosed an impartiality interest in the item titled ‘Changes to the Bunbury Regional Arts Management Board Constitution’ as his wife is a member of the Board and is the Chair of the Art Collection Management Committee. He will remain in the chamber, take part in the discussion and vote on the matter. Deputy Mayor Cr Craddock disclosed a proximity interest in the item titled ‘Victoria Street Streetscape Project’ as he is a business owner in the CBD. He will remain in the chambers, take part in the discussion and vote on the matter.

Any Further Disclosures

8. Announcements by the Presiding Member (No Discussion

Permitted) 9. Reception of Formal Petitions and Memorials


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10. Chief Executive Officer Reports 10.1 Honorary Freeman of the City of Bunbury Policy

File Ref: A04597 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix CEO-1, CEO-2

Summary This policy sets out the eligibility, selection criteria, nomination and presentation procedures for awarding the title of Honorary Freeman of the City. Executive Recommendation That Council repeal the existing policy attached at Appendix CEO-1 and adopt the Honorary Freeman of the City of Bunbury Policy as attached at Appendix CEO-2 Background To date, the title of Honorary Freeman of the City of Bunbury has only been bestowed upon three individuals, being former Mayor Dr Percy Payne, former Mayor Dr Ern Manea OAM, and his wife Mrs Snookie Manea. While an Honorary Freeman of the City Policy is currently in place at the City of Bunbury, it lacks the detail of processes required to make a consistent decision when nominations are received. Council Policy Compliance Policy CPS-4 – Honorary Freeman of the City Officer Comments The City of Bunbury is currently able to confer the title of Honorary Freeman of the City of Bunbury onto any individual who is believed to have made an exceptional contribution to the Bunbury community. In addition, the City administers the Premier’s Australia Day Active Citizenship Awards on behalf of the Australia Day Council of Western Australia. While these awards have clear selection and eligibility criteria, the current Honorary Freeman of the City Policy does not include this level of detail. Analysis of Financial and Budget Implications This will be funded from the Mayor’s Civic Events budget. Given the number of recipients it is not likely to have a major impact in any given year. With the recent decision of Council to discontinue with the Awards and Commendations Committee, there is a need to review each of the formal forms of


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recognition that the Council provides. As part of this process, policy guidelines and procedures are being developed for approval by Council.


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10.2 WA Regional Cities Alliance

File Ref: A04572 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix CEO-3, CEO-4, CEO-5, CEO-6

Summary In 2010, the Cities of Bunbury, Albany, Geraldton-Greenough and Kalgoorlie-Boulder entered into an alliance, by way of Memorandums of Understanding between themselves and both the State and Commonwealth Governments as a foundation for strategic dialogue on the state planning process for major regional cities. Since 2011, the Shires of Broome, Roebourne and Port Hedland have joined the Alliance. Executive Recommendation That Council note the progress to date of the WA Regional Cities Alliance Background There are several elements of the work being undertaken by the WA Regional Cities Alliance, with these being a WA Regional Cities Alliance Report by Barrington Consulting Group, three Royalties for Regions applications, and a research project with UWA. WA Regional Cities Alliance Report by Barrington Consulting Group: In February 2010, a report went to Council advising the following:

“The Cities of Bunbury, Albany, Geraldton-Greenough and Kalgoorlie-Boulder have collaborated in the development of a draft report which outlines the critical importance of a major policy shift which is required, to genuinely address regional development within the State of Western Australia.” The draft report seeks to emphasise the central role and importance of decentralised urban development as a feature of Regional Development and to place Regional Cities at the centre of that debate. Whilst making a strong case for decentralisation of future population growth away from the Perth Metropolitan Area, the priority objective of the proposed alliance is strategic investment in the infrastructure of regional cities.” In Council decision 22/10, Council resolved to endorse the report, and a copy of the final report is attached at Appendix CEO-3 for your information. Royalties for Regions: WARCA currently has three Royalties for Regions applications submitted, with the outcomes yet to be determined:


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1. Regional Cities Alliance: UWA Strategic Research and Training Partnership ($1,204,068)

This project is a unique partnership between WARCA and the Centre for Regional Development at UWA. The central objective is to develop a collaborative program of strategic research and training that enhances the long term economic prosperity and social sustainability of the member cities. The major areas of focus include: i) Research that underpins strategic decision-making; ii) Economic development, job creation and social sustainability; iii) Strategic planning for services and infrastructure; iv) A stronger engagement of the tertiary education sector with the

regional cities; v) Training and capacity building within the member cities.

2. Regional Cities Alliance: Performance Based Local Planning Strategy and

Scheme ($4,000,000)

The traditional planning processes would see a major review and development of new Local Planning Strategies (LPS) and Town Planning Schemes for each authority to take anywhere between 5 to 10 years, or possibly more. In the current development environment and with the desire of the Government to progress regional development and the transformation of regional cities into major urban communities, such delays are not acceptable.

3. Regional Cities Alliance: Secretariat ($250,000)

To assist in delivering the aims and objectives of the WARCA, representing the various members. The need has been identified for a well-resourced Secretariat, to effectively coordinate the communications strategy for the Cities. The key outcomes and objectives of the Alliance would see the development of a regional strategy and framework to secure the change in prominence of regional cities, increase population, improve regional planning processes and enhance the capacity of regional cities.

UWA Research Project: Further to its inception in 2010, WARCA has identified an opportunity to develop a research partnership with the University of Western Australia (UWA). The proposed research program is intended to build on UWA’s capacity in regional development, urban planning and spatial analysis, with the aim of providing an explicit focus on the needs of WARCA. It was agreed that these needs be concentrated on: 1. Economic, demographic and social analysis.

2. Service and infrastructure planning and delivery.

3. Strategic urban and regional planning; and

4. Governance. A concept brief has previously been distributed to Councillors and is attached at Appendix CEO-4 for your information. A copy of the Agreement is also attached at Appendix CEO-5


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Officer Comments The WA Regional Cities Alliance is providing an important link between regional cities in Western Australia. The benefits of being an active member of this group are evident in so far as we have the ability to lobby State and Federal Government for funding for projects which affect each regional city in the State, an approach favoured by the State Government as they focus on regional development and growth. Copies of the minutes of the meeting for 2011/12 are attached at Appendix CEO-6 A further component of the WARCA is in relation to operational activities of the Councils included. Prior to each meeting there is a separate meeting of the CEO’s to address operational matters affecting regional cities. This has resulting in a number of working groups who work with State Government and private sector to develop a response to specific issues. The City of Bunbury is currently to lead Council in investigation of the provision of shared information technology and associated software and hardware requirements. This is a project also being supported by the State Government. Analysis of Financial and Budget Implications The cost of the UWA research project will be split across partners in the project. In 2011, three new members joined the Alliance, and are contributing to the UWA Research project. On the 22 March 2011, Council resolved to contribute the following amounts to the project:

“Council Decision 58/11

That Council allocate the following funds to support the research program of the Regional Cities Alliance:

2011/12 $27,828 (Noting that $10,000 has been allocated in the 2010/11 budget)

2012/13 $46,238 2013/14 $48,820 2014/15 $34,257 2015/16 $35,670” Councillor/Officer Consultation Council has been regularly updated as to the activities of the WA Regional Cities Alliance, including reports being referred to Council in February and November 2010, and March 2011.


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10.3 Extra Ordinary Election – Resignation of Councillor Cameron Bridges

File Ref: New File Applicant/Proponent: Internal Report Author: Jack Dyson, Team Leader Corporate Administration Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary Council is required to consider options for filling a vacancy created on the Council due to the resignation received in writing by the Chief Executive Officer (CEO), from Councillor Cameron Bridges Executive Recommendation Pursuant to Section 4.17(3) of the Local Government Act 1995, Council request the Western Australian Electoral Commissioner to permit the vacancy created by the resignation of Councillor Bridges to remain unfilled until the next ordinary election date of 19 October 2013 then fill the vacancy for a two (2) year term to expire in October 2015. (Note: An Absolute Majority Vote will be required) Background Councillor Bridges has provided written notice to the CEO of his resignation from Council which will take effect as of 1 August 2012. The following options are available for Councils consideration:

- Hold an Extraordinary postal election (conducted by the Western Australian Electoral Commission) to fill the vacancy until October 2015.

- Conduct an "in person" election (conducted by the City of Bunbury)

- Defer filling the vacancy until the next ordinary election (19 October 2013) then fill the vacancy for a two (2) year term to expire in October 2015.

Council Policy Compliance There is no relevant Council Policy that applies in this matter. Legislative Compliance The recommendation contained with this report is in accordance with the provisions of Section 4.17(3) of the Local Government Act 1995. Officer Comments The resignation of Cr Bridges effectively leaves Council with 92% of its operational capacity until the 19 October 2013. Council is still able to operate as an effective decision making body. Council's current rate of representation is one elected member per 1,607 electors which would increase to one elected member per 1,741 electors (based on electoral roll statistical data from October 2011) upon Cr Bridge’s


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departure – well in line with the representation ratios of several other like-size Local Governments in Western Australia), should Council decide not to fill the position until October 2013. Should Council decide that this is not satisfactory and that an extraordinary election is required to be held (whether postal or in-house), it is a legislative requirement that the election take place no sooner than one (1) month of the vacancy occurring and no later than four (4) months after the vacancy occurs. Hence, an election date in this instance can be set for a Saturday following 1 September 2012 and up to a Saturday, prior to 1 December 2012. Council has previously expressed concern at the lack of public participation in the “in person” voting method utilised at recent extraordinary elections with only a 1.7% participation rate being achieved in 2008. Analysis of Financial and Budget Implications Should Council choose to conduct and Extra Ordinary postal election conducted by the Western Australian Electoral Commission, the quoted cost is approximately $40,000.00. To conduct an in person election, the estimated cost is between $8,000.00 and $10,000.00, dependant upon the number of booths required to be open on the day and the number of staff necessary to man those booths. Should Council agree, as per the recommendation the financial impact is nil until the 2013/14 budget year where a slight increase in the cost of the election may be experienced by virtue of filling the seventh vacancy, in conjunction with the Mayoral election. Community Consultation There is no requirement for community consultation on this matter. Councillor/Officer Consultation Councillor Bridges has informed all fellow Councillors of his resignation to take effect from 1 August 2012.


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10.4 Nominations for Vacancies - South West Development Commission

Board Of Management

File Ref: A00380 Applicant/Proponent: Internal Report Author: Jack Dyson, Team Leader Corporate Administration Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary It is proposed that Council consider nominating a representative (for Ministerial endorsement) to fill at least one of two current vacancies on the South West Development Commission's Board of Management Executive Recommendation Council nominates Councillors ______________and _____________ to the Minister for consideration of filling existing vacancies on the South West Development Commission's Board of Management. Background The South West Development Commission (SWDC) is inviting Local Government nominations to fill two (2) vacancies on its Board of Management. The positions have become available due to the expiration of the terms of existing members, Cr Wade De Campo (Shire of Manjimup) and Cr Brad Day (Shire of Dardanup). The role of the SWDC is to coordinate and promote economic development in the South West Region. Its aims include maximising job creation, broadening local economies, identifying the need for infrastructure services, providing information and advice to business and ensuring access to government services. The Board consists of ten (10) members. It meets monthly, sets policy and makes decisions regarding a broad range of economic development projects and initiatives involving the Commission. Nominations for the vacancies close Friday, 22 June 2012 and nominations put forward must address the selection criteria and should include a brief curriculum - vitae from the nominee. An information package and application form is available for interested councillors. Council Policy Compliance There are no Council Policies that impact on this proposal. Legislative Compliance The calling of nominations for local government representatives is permitted under the provisions of the Regional Development Commissions Act 1993.


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Officer Comments Council has in recent times, submitted names for consideration by the Ministerial, responsible in this process with little success. The last official City of Bunbury Board member was former Mayor John Castrilli who served from May 1999 to June 2000. The vacancy on the South West Development Commission Board of Management is only open to Elected Members of Council’s within the region. Analysis of Financial and Budget Implications There are no financial or budgetary implications associated with this matter. Community Consultation There is no requirement for community consultation on this issue. Councillor/Officer Consultation This report serves to bring the matter to the attention of elected members.


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10.5 Regional Priorities for the Greater Bunbury Region

File Ref: A04597 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix CEO-7

Summary As an outcome of the Greater Bunbury Regional Priorities Workshop there was a list of potential priority areas that the collective group of Councils identified as of high importance for the Greater Bunbury area. This report outlines in outcome of the workshop and will provide some further direction to enable staff to progress with additional work on some of these areas. Executive Recommendation That:

1. Council endorse the top six (6) Regional Priorities identified through the workshop as outlined below:

a. Millbridge Bridge, Treendale b. Regional Waste Site c. Roads to Export d. Regional Bike Path

e. Fast train/current line upgrades f. Tourism/Regional marketing (including Regional Visitor Centre)

2. The South West Development Commission, the South West Regional Development Australia Committee and the Bunbury-Wellington Economic Alliance be provided with formal notification of the agreed priorities;

3. The Mayor, Shire Presidents and CEOs of the Greater Bunbury Region Councils meet to develop appropriate responses and strategies to address the top six (6) regional priorities and report back to respective Councils on progress.

Background On 30 April 2012, Councillors and senior staff from the four (4) Councils across the Greater Bunbury Regional met to identify regional priorities and identify areas for resource sharing and regional cooperation. The workshop was intended to provide an opportunity for each of the Councils to identify priority areas where there was scope to work together and to look at issues which have a regional significance. Council Policy Compliance Not applicable Legislative Compliance Not applicable


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Officer Comments A summary of the workshop outcomes is contained in the attached Appendix CEO-7 which is intended to provide some background information in relation to each of the issues which rated as the top six (6) priorities for the region. As part of the process to set the scene for the workshop a purpose statement was agreed to as outlined below: “To annually identify opportunities for regional cooperation and resource sharing and to prioritise regional projects, encouraging the participation of State and Federal Government, which will highlight the region as a place of state significance.” In addition to the top six (6) regional priorities, there were a number of areas which were considered significant and which will form the basis of additional work in the future. This included issues such as Animal Facilities, Recreational Strategy, Regional Open Space etc. Whilst these have been identified as significant issues, the top six (6) regional priorities will be the initial focus. Analysis of Financial and Budget Implications Preliminary work to progress each of the regional priority areas will be undertaken as part of annual budget process and will be considered in part by the Mayor, Shire Presidents and CEOs and reported back to Councils. Community Consultation To date there has been no additional community consultation in relation to this project. Councillor/Officer Consultation The Mayor, Shire Presidents, Councillors and senior staff of the four councils in the Greater Bunbury area were consulted in the development of the priority list.


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10.6 WA State Coastal Conference 2013

File Ref: A00963-19 Applicant/Proponent: Internal Report Author: Mr Andrew Brien, Chief Executive Officer Executive: Mr Andrew Brien, Chief Executive Officer Attachments: Nil

Summary A letter has been received from the Western Australian Planning Commission inviting the City of Bunbury to consider hosting the WA State Coastal Conference 2013. This was also advertised in media over the last week. If the City of Bunbury is interested a bid must be prepared and submitted by 15 June 2012. Executive Recommendation Council endorse the preparation of a formal bid to host the 2013 WA State Coastal Conference 2013. Background This is a conference that is held every two years in either October or November. The conference has previously been held in Esperance, Geraldton, Denmark and Fremantle. The objectives of the WA State Coastal Conference are to:

1. Provide a forum to communicate important and urgent coastal issues;

2. Provide a forum for the discussion of new advances in technology, ideas and research;

3. Bring together key stakeholders from government, industry and wider community to promote partnerships and enhance cooperation;

4. Share and learn from one another’s experiences in coastal planning and management; and

5. Celebrate achievement. Officer Comments The Manager of BREC has formally indicated a willingness to work with the City of Bunbury to submit a bid for the conference to be held in November 2013. Analysis of Financial and Budget Implications A requirement of the successful host is to provide an unequivocal guarantee to accept full financial responsibility for the conference.


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11. Director Community and Customer Services Reports 11.1 Changes to the Bunbury Regional Arts Management Board Constitution

File Ref: A00168-10 Applicant/Proponent: Internal Report Author: Stephanie Addison-Brown, Director Customer and

Community Services Executive: Stephanie Addison-Brown, Director Customer and

Community Services Attachments: Appendix DCCS-1

Summary Over recent months the Bunbury Regional Arts Management Board (BRAMB) has been reviewing its constitution with a view to amending the document to reflect contemporary standards and practices. The review is now complete. A draft amended document, complete with tracked changes to enable the amendments to be easily identified, is enclosed. Executive Recommendation That Council endorse the proposed changes to the BRAMB Constitution, as attached at Appendix DCCS-1. Background The composition of the Bunbury Regional Arts Management Board is in accordance with its formal Constitution. Only one (1) elected member of the Council is required to sit on the Board. The facility managed by the Board is a City of Bunbury asset. The Galleries have provided the people of Bunbury and the South West Region with the opportunity to view and interact with all forms of the visual arts in a top class facility. The main objectives of the Board are: 1. To provide leadership in the creation and promotion of innovative

opportunities to increase community interest, awareness and active participation in the arts

2. To improve efficiency within the operations of the Bunbury Regional Art Galleries

3. To heighten employee commitment and sense of achievement

4. To exceed arts industry standards

5. To increase community support and satisfaction

6. To continually improve the scope and quality of exhibitions and programmes

7. To develop and improve the funding base for the galleries Committee Members (voting)

Peter Alexander Chairperson Bill Cowan Deputy Chairperson Margaret Perkins Stirling Street Arts Centre Representative


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Gary Dufour Art Gallery of Western Australia Representative Sonya Dye Director Bunbury Regional Art Galleries Stephanie Addison Brown City of Bunbury Representative Cr Ross Slater Bunbury City Council Representative Tresslyn Smith City of Bunbury Art Collection Management Committee

Representative Dr Donna Mazza Community Representative Peter Hill Community Representative Beth Ferguson Community Representative Council Policy Compliance This item does not contravene any existing Council policy or work procedure. Legislative Compliance This item complies with the Local Government Act 1995. Officer Comments As outlined in the Letter received from Director Bunbury Regional Art Galleries, Sonya Dye, dated 4 April 2012 many of the recommended changes simply contemporise the document and will have little to no effect on the governance of the organisation while others are more substantial. The most significant amendments are to be found in the sections of the Constitution dealing with membership. Analysis of Financial and Budget Implications Nil Community Consultation Community consultation is not required for this proposal. Councillor/Officer Consultation Director of Community and Customer Services is a member of BRAMB management board and has been involved in discussions.


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11.2 Foreshore Art Gallery project

File Ref: A04335 Applicant/Proponent: Internal Report Author: Stephanie Addison-Brown, Director Community and

Customer Services Executive: Stephanie Addison-Brown, Director Community and

Customer Services Attachments: Nil

Summary Following the presentation to the Foreshore Art Gallery Advisory Committee on 23 April 2012 by Integral Project Creation Pty Ltd., the following recommendations are made. Foreshore Art Gallery Committee Recommendation 1. Council note the outcomes of the consultants report in relation to the

proposed Foreshore Art Gallery

2. The City of Bunbury continues to approach the State Government to secure funding for ongoing recurrent costs for the provision of regional community arts and cultural facilities such as the proposed Foreshore Art Gallery through the Regional Cities Alliance.

3. Should a long term commitment be secured to fund the ongoing recurrent costs, then the City will continue to seek additional capital grants to fund the construction of a new Regional Art Gallery.

Background The City of Bunbury has identified the desire for the establishment of an iconic Regional Art facility to be constructed on the foreshore of the Inlet, located directly adjacent to the city centre. The council has established the Foreshore Art Gallery Advisory Committee to commence investigations into the feasibility and practicality of advancing this project. To assist in this process, Council appointed Integral Project Creation Pty Ltd to prepare a feasibility study. Officer Comments Based on the space identified by the Committee and the key user groups plus the initial scope provided by the Committee, this project is not considered to be financially viable without funding for capital and recurrent operating costs. A number of options were investigated which looked at both having to fund the capital costs as well as having to provide the ongoing recurrent expenditure only. The financial analysis, in particular the level of recurrent expenditure required, places this project outside of the scope of Council to fund unless there is a major shift in the funding allocation provided by other levels of government or the private sector. This project could only go ahead if funding was sourced for both capital expenditure and recurrent operating costs. To assist the proposal to become operationally viable without an increased ongoing funding commitment from Council, additional ancillary uses would also need to be


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considered. These are currently limited by land use regulations so an approach to the State Government to request a change in these would be necessary in the first instance. Another consideration would be to build up higher to enable further commercial uses above the gallery, however, this would also need to be approved by the State Government and it is apparent that there would be considerable local opposition to this. The Committee and the consultants have not investigated these options in any great detail at the present time and would require additional funding to be made available to undertake further detailed assessments. The only available option to allow the project to proceed would be to have all of the capital costs met plus an ongoing commitment from the State Government to help fund the recurrent costs associated with the facility. Officers Recommendation Given the financial analysis undertaken, Council will not proceed with its proposal to construct a Regional Art Gallery on the Leschenault Inlet foreshore without a commitment to provide operating funds from external funding bodies that ensure the long term financial viability of a regional foreshore gallery. Community Consultation The consultant met with and consulted members of the Foreshore Art Gallery Advisory Committee and representatives from Bunbury Regional Art Galleries, Bunbury Regional Art Management Board and the City of Bunbury Art Collection Management Committee. Councillor/Officer Consultation Councillor representatives on the committee were consulted during the feasibility and all Councillors were invited to a presentation of findings on Tuesday 8 May 2012. Delegation of Authority The Chief Executive Officer does not have delegated authority to approve the recommendations contained in this report.


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12. Director Corporate Service Reports 12.1 Proposed Deed of Lease – The Federation of Western Australian Police

and Community Youth Services Inc. over Portion of Reserve 30601 (Hay Park) 3001 Parade Road, Bunbury

File Ref: F00074 Applicant/Proponent: The Federation of Western Australian Police and

Community Youth Services Inc. Author: Jane Porter, Property Officer Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-1

Summary The Federation of Western Australian Police and Community Youth Centres Inc. have requested a new Deed of Lease, over portion of Reserve 30601 (Hay Park) 3001 Parade Road, Bunbury for a term of ten (10) years with a further ten (10) year option. A location plan is attached at Appendix DCS-1. Executive Recommendation Council agrees to enter into a new Lease with The Federation of Western Australian Police and Community Youth Centres Inc., over portion of Reserve 30601 (Hay Park) 3001 Parade Road, Bunbury for all sporting and social activities in connection therewith and parking, subject to the terms and conditions as specified in the Lease Agreement and the following:

1. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995.

2. The Approval of the Minister for Lands. Background The applicant has occupied its current lease site since 1991. The land is comprised within Reserve 30601, 3001 Parade Road, Bunbury and is held by the City of Bunbury under Management Order, Crown Land Record Volume LR3136 Folio 213 for the purpose of “Recreation” with the power to lease for a term not exceeding twenty-one (21) years. Pursuant to Section 18 of the Land Administration Act 1997, the Office of the Minister for Lands has provided “in principle” approval for the proposal subject to formal approval being granted on receipt of the Lease document. The applicant has complied with all legal provisions of the current lease. Current Lease Details Commencement: 1 July 1991 Term: Ten (10) years Expiry Date: 30 June 2001 Rental: $50.00 plus GST, per annum, payable on demand.


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Rent Review: Not Applicable. 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 $2(M) Proposed Lease details are as follows Commencement: 1 July 2012 Term: Ten (10) years Expiry Date: 30 June 2022 Further Term: Ten (10) years Rental: $50.00 plus GST, per annum, payable on demand. Rent Review: Not Applicable. Outgoings: Responsibility of the applicant. Insurance: The Lessee to maintain Public Risk and General Insurance

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

Council Policy Compliance There is no Council Policy applicable to this proposal. Legislative Compliance In accordance with Section 3.58 of the Local Government Act 1995, Public Notice of the new Lease will be advertised. Officer Comments The premise is occupied by the Federation of Western Australian Police and Community Youth Centres Inc. and used for all sporting and social activities in connection therewith and parking. The City’s Executive and the Federation of Western Australian Police and Community Youth Centres Inc., have mutually agreed on the proposed term and conditions of the Lease. Analysis of Financial and Budget Implications The proposal requires the City of Bunbury to meet the payment of all the document preparation fees. Community Consultation Notice of the intention to grant to The Federation of Western Australian Police and Community Youth Centres Inc. a new Deed of Lease for ten (10) years with a further term of ten (10) years will be advertised. Economic, Social, Environmental and Heritage Issues Social Community Youth Centres are highly valued and contribute to the long term benefit and well being of individuals and communities.


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Environmental There are no direct environmental issues related to the proposal. Heritage There are no known heritage issues relative to the land in question. Delegation of Authority The Chief Executive Officer has delegated authority of Council to negotiate the terms and conditions of the proposal to lease before documentation is finalised. Relevant Precedents Since 1991, the Federation of Western Australian Police and Community Youth Centres Inc. have held the Lease with the City of Bunbury.


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12.2 Proposed Deed of Surrender – Reserve 28408 Carpark, previously Lot

474 Bussell Highway, now Lot 510 Bussell Highway, South Bunbury – Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones

File Ref: P01266 Applicant/Proponent: Rayjon Nominees Pty Ltd Author: Jane Porter, Property Officer Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-2

Summary Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones have requested a Deed of Surrender, an early termination of their Deed of Lease over Reserve 28408 Lot 510 Bussell Highway, South Bunbury. A location plan is attached at Appendix DCS-2. Executive Recommendation Council agrees to the Deed of Surrender and early termination of the Deed of Lease with Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones over Reserve 28408 Lot 510 Bussell Highway, South Bunbury subject to the following:

1. Relinquish its right of first refusal to purchase the Leased Premises.

2. The applicant to pay all costs associated with the document preparation. Background On 1 December 2004, the City of Bunbury and Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones entered into a Deed of Lease for the provision of a public carpark at Bunbury Lot 474 on Land Administration diagram 83477 the subject of Reserve 28408 and being the whole of the land comprised in Crown Land Record Volume 3007 Folio 607, this Lease was for a period of twenty one (21) years. The Lease is due to expire on 30 November 2025. The Lessee have requested a Deed of Surrender, early termination of their lease as soon as possible due to the parking area (part of the current lease) having been altered by the City to a public road called Vasse Street. The Lessee no longer requires the leased area due to the imminent further development of land adjacent to the Lessee’s premises. Current Lease Details Commencement: 1 December 2004 Term: Twenty one (21) years


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Expiry Date: 30 November 2025 Rental: $7,800.00 plus GST, per annum. Rent Review: CPI annually on each anniversary of the commencing date

during the Term and any further term. 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) Council Policy Compliance There is no Council Policy applicable to this proposal. Legislative Compliance Minister for Lands to authorise Deed of Surrender. Officer Comments The premise is now partly occupied by the Lessee and was used as a carpark. The City has altered the parking area into a public road called Vasse Street. Analysis of Financial and Budget Implications The proposal would mean a loss of rental income to the City of $19,789.00 incl. GST annually. Community Consultation Not required. Councillor/Officer Consultation Comments were sought from the City’s Director Corporate Services, Manager Contracts and Property and the Manager Development Assessment and Building; there was no objection to this proposal.


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12.3 Advertising the Proposed Property Rates for the 2012/13 Budget

File Ref: A00281-07 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-4

Summary The Local Government Act 1995, section 6.36 requires that before imposing any differential 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 that a document describing the objects and reasons for each proposed rate and minimum rate is available for public inspection (refer attached at Appendix DCS-4). Council will consider any submissions received prior to adopting the 2012/13 Budget in July 2012. Executive Recommendation 1. Council advertise the following 2012/13 Differential General Rates, Minimum

Rates and Specified Area Rates: Differential Rates and Minimum Rates:

Property Minimum Rate $ Rate in the Dollar (Cents)

General $ 894 8.963

City Centre and Special Use $1,352 9.112

Mixed Business $1,352 7.213

Industrial/Non Residential Vacant Land

$1,352 6.781

Specified Area Rates:

Category Rate in the Dollar (Cents)

Pelican Point Grand Canals 1.117

Ocean Drive Underground Power 1.584

Stirling Street Landscape 1.659

2. Council invite public comment in respect to the proposed rate increase for a

period of 21 days.


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3. Council have available for public inspection the “Statement of Proposed Rating Objectives and Reasons for the Rating of Differential Rates and Specified Area Rates for 2012/13” document.

Background Councillors have held numerous budget workshops to consider the proposed rates in the 2012/2013 draft budget. A rate increase of 5.95% has been applied to the General, City Centre and Special Use, Mixed Business and Industrial rating categories. An increase of 47.41% has been applied to 69 properties currently rated as non residential vacant land to bring in line with industrial properties. Non residential vacant land will still have the lowest rate in the dollar. Officer Comments Public submissions received on the proposed rates for the 2012/13 financial year will be considered by Council prior to adopting the budget in July 2012. Analysis of Financial and Budget Implications The proposed rates are considered necessary to meet the operating and capital expenditure in the 2012/13 draft budget.


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12.4 CBD Marketing Specified Area Rate

File Ref: New File Applicant/Proponent: Bunbury Chamber of Commerce and Industries Author: Brendan Ennis, Team Leader Asset Strategy and PlanningExecutive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-5, DCS-6

Summary To introduce a specified area rate under the provisions of section 6.37 of the Local Government Act 1995, to generate specific funds for the marketing and promotion of Bunbury’s Central Business District (CBD). Executive Recommendation That Council:

1. Approve the advertising of a specified area rate on non residential properties in the specified area of the Bunbury CBD and the Marlston water front (attached at Appendix DCS-5), subject to a survey being conducted by the City of Bunbury of all affected property owners in the specified area, with the results being submitted to Council for consideration prior to the Specified Area Rate being adopted.

2. Continue to work with BCCI to formulate a CBD marketing campaign.

Background The Bunbury Chamber of Commerce and Industries (BCCI) contacted City Executives in August 2011 seeking support for a marketing initiative to reinvigorate interest in the CBD. There is a widely held view by business owners and Council that a campaign to draw attention to the CBD would be of benefit to Bunbury as a whole. An analysis and strategic plan was formulated by BCCI which outlines the vision and objectives for the CBD. The plan identified required funding of $285,000 per annum to run the campaign, including the salaries for two (2) dedicated staff. The original proposal was for the City to generate and then provide the funding to BCCI, who would then implement and manage the marketing campaign, through the raising of a specified area rate imposed by the City on commercial properties in the CBD and Marlston water front. This approach however would not have complied with the requirements of the Local Government Act. The proposal was therefore modified so that the City would become responsible for managing and conducting the marketing campaign and employing necessary staff. By the City providing the service on behalf of and to the benefit of businesses in our CBD, the necessary funds could be raised through a specified area rate and remain compliant with the requirements of the Local Government Act 1995.


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Legislative Compliance This recommendation complies with section 6.37 of the Local Government Act 1995.

6.37 Specified area rates (1) A local government may impose a specified area rate on rateable land

within a portion of its district for the purpose of meeting the cost of the provision by it of a specific work, service or facility if the local government considers that the ratepayers or residents within that area — (a) have benefited or will benefit from; (b) have access to or will have access to; or (c) have contributed or will contribute to the need for, that work, service or facility.

It is important for Council to recognise that any funds raised through a specified area rate cannot be used for any other purpose other than the provision of the work, service or facility that is specified in the annual rates and charges.

6.37. Specified area rates 4) A local government may only use the money raised from a specified

area rate — (a) to meet the cost of providing the specific work, service or

facility for which the rate was imposed; or (b) to repay money borrowed for anything referred to in

paragraph (a) and interest on that money. Officer Comments Advice was sought from the Department of Local Government as to wether the original proposal, of the charges raised being passed on to the BCCI to manage the campaign, was lawful under the provisions of section 6.37 of the Local Government Act 1997. The advice received made it quite clear that the proposed specified area rate would only be compliant with the Act if the service was provided directly by the City. As a result the proposal has been amended to make the City responsible for the management and provision of the service. After further discussion and comment from Council, all rateable non residential properties that fall within the specified area will be subject to the new levy. It is recommended that a survey be conducted of owners of property that fall within the specified area, to ascertain the level of support for:

1. a promotional campaign, managed by the City, specifically highlighting Bunbury’s CBD.

2. an additional levy imposed upon properties within the specified area to fund a promotional campaign.

The results of such a survey will not only assist in Council’s decision making but will also support the levy if challenged in the State Administrative Tribunal (SAT).


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Refer to the attached (at Appendix DCS-6) spreadsheet for approximate costs of the levy on individual properties. Analysis of Financial and Budget Implications This specified area rate will raise $285,000 per annum, which is to be expended on the CBD promotional campaign. Community Consultation The BCCI has conducted meetings and workshops with local businesses explaining the proposal and seeking their support. The City will conduct a written survey of property owners affected by the levy to ascertain support for the proposal. Councillor/Officer Consultation Information and support for this proposal has been provided by the Director Strategic Integration. The Director of Strategic Integration has been the conduit between BCCI and the City providing advice to the BCCI on the City’s behalf. Council was briefed on the proposal by representatives of BCCI on Tuesday 24 April 2012. Strategic Relevance This proposal is in line with Council’s goal of supporting and promoting economic diversity and prosperity with the objective of maintaining support for local businesses. Economic, Social, Environmental and Heritage Issues Economic The raising of this specified area rate would provide funding for a campaign to revitalise Bunbury’s CBD, with the intention of bringing new businesses and customers to the CBD and enhancing Bunbury’s economy.


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12.5 Financial Statements for the Period Ending 30 April 2012

File Ref: A02838 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Director: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-7, DCS-8, DCS-9, DCS-10, DCS-11

Summary The following comments are provided on the key elements of Council’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix DCS-7)

Forecast Financial Performance to 30 June 2012 - Forecast income of $44.4M is $260K greater than the current

budgeted income of $44.1, (a favourable variance). - Forecast expenditure of $45.5M is $1.4M less than the current

budgeted expenditure of $46.9M, (refer explanation on next page). - Forecast operating deficit of $1.1M is $1.6M less than the current

budgeted operating deficit of $2.7M. 2. Capital Works (attached at Appendix DCS-8)

- Forecast capital works of $17.3M is $5.1M less than the current budgeted capital works of $22.4M, (refer explanation on next page).

3. Balance Sheet (attached at Appendix DCS-9)

Council’s Year-to-date and Forecast balances are as follows: Year-to-date Forecast

- Current Assets of $35.3M includes: - Cash and Investments $32.9M $24.1M - Rates Receivables $1.2M $1.0M - Other receivables $1.0M $1.8M

- Current Liabilities of $4.2M includes:

- Trade and Other Payables $1.7M $3.0M - Annual Leave

and LSL Provisions $2.5M $3.4M

- Working Capital $31.1M $20.7M (Current Assets less Current Liabilities)

- Equity $225.8M $219.6M

(Total Assets less Total Liabilities)

Executive Recommendation The Financial Statements for the period ending 30 April 2012 be received. Background In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations


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1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix DCS-10) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. Councillors have also been provided with the following summaries in addition to the Statement of Financial Activity required under the Regulations:

- Statement of Comprehensive Income (attached at Appendix DCS-7) - Capital Works Expenditure Summary (attached at Appendix DCS-8) - Balance Sheet (attached at Appendix DCS-9) - Statement of Net Current Assets (attached at Appendix DCS-11) Summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. The following is an explanation of significant Operating and Capital variances:

Forecast to Revised

Budget Variance Operating Income

Contributions, Reimbursements and Donations – increase mainly due to greater reimbursement of workers compensation ($80K), electricity recoups from leased properties ($15K) and insurance claims ($10K).

$127,701

Interest Earnings – favourable variable due to higher interest rates and higher balance of funds held than anticipated.

$77,494

Operating Expenditure

Employee Costs – forecast saving due to vacancies during 2011/12.

$593,219

Materials and contracts – various operating projects identified in monthly review as not required or underspent as at 30 June.

$1,450,624

Depreciation – a review to 30 June has identified annual depreciation was under estimated in the budget.

($729,657)

Capital Income

Capital Grants and Subsidies – Net Increase in State Government grant income be received in 2011/12, including: Bunbury Timber Jetty increased by $463K, Senior Citizens Building Improvements and Withers Action Plan not expected to be received in 2011/12 ($250K and $100K respectively)

$178,606

Profit on disposal of assets – reduced profit as a number of land sales are not expected to be realised in 2011/12.

($617,954)

Capital Expenditure

Net decrease in capital expenditure due to the commencement of the Bunbury Timber Jetty project in 2011/12 $825K; and the carried forward of the following projects to 2012/13:

$5,058,793


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BREC Building Expansion $1.84M Waste Operations Plant $1.60M Infrastructure Works $0.82M Waste Operations 3rd Bin $0.68M Hay Park Soccer Drome $0.17M Snr Citizens Building Upgrade $0.25M


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13. Director Planning and Development Services Reports 13.1 Local Planning Policy: Detailed Area Plan – Casuarina Drive (cnr

Wollaston Street) LOT: 222 No.36 Casuarina Drive Bunbury File Ref: P13845 Applicant/Proponent: MPM Development Consultants Author: Ann-Kristin Jank, Senior Strategic Planner Executive: Bob Karaszkewych, Director Planning and Development

Services Attachments: Appendix DPDS-1, DPDS-2, DPDS-3, DPDS-4

Summary At the Council Meeting held on 24 April 2012, Council resolved: “Pursuant to Standing Order 15.9 the matter is to “lay on the table” until advice is sought in relation to ameliorating the traffic issues and that the CEO can ascertain what the Council can do in relation to the WAPC decision. The advice is to be returned to Council in May”. The proposed Local Planning Policy Detailed Area Plan Casuarina Drive (cnr Wollaston Street) has been prepared in response to a condition of recent subdivision approval for the subject site, Lot 222 Casuarina Drive. A location plan and the approved subdivision plan are attached at Appendix DPDS-1. Generally, subdivision applications are lodged with the Western Australian Planning Commission (WPAC) and referred to local government for comment. Comments usually include recommended conditions. Council officers originally recommended refusal of the proposed subdivision, and requested additional information prior to any reconsideration of the application. The applicant provided Traffic and Parking Assessment and a draft Detailed Area Plan, for further consideration. The submitted Traffic and Parking Assessment was prepared by an appropriately qualified person and has met all necessary criteria for an objective assessment in terms of traffic generation. The report concluded that Abrahamson Mews has the capacity to manage any additional traffic generated by the subdivision. There are three (3) phases will have to be completed before any development can occur on the subject site. Firstly, subdivision approval issued by the WAPC, only once it is satisfied with the justification provided by the applicant. Secondly, to adopt a Detailed Area Plan prepared in conjunction with planning officers, advertised for public comment and presented to Council seeking adoption. Thirdly, granting specific development approval for individual lots within the subdivision. In relation to this, additional traffic studies/assessments may be required to be provided for Council consideration that may restrict some land uses due to the validation of parking/traffic related concerns. [Note: Clause 8.2.10 (g) has been added to the Detailed Area Plan (DAP) to outline the requirement of a traffic study/assessment, as part of any future planning application for development on lots 1-4.]


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As partial fulfilment of subdivision conditions in respect of the subdivision approval, the applicant, MPM Development Consultants, has submitted the proposed Detailed Area Plan (DAP) for Council consideration, which has been reviewed and reworked by planning officers and incorporated into the Local Planning Policy format of the City of Bunbury. The purpose of this DAP is to guide built form and suitable land uses of future development for the subject site. The proposed Local Planning Policy is attached at Appendix DPDS-2 It must be noted that should Council decide not to adopt the Detailed Area Plan, the WAPC can still clear the condition and issue titles, if approached by the applicant; and planning officers would not have the important instrument of the DAP to guide future quality built form and function of the mixed use precinct and to reduce potential land use conflicts. Executive Recommendation Council, pursuant to the Planning and Development Act 2005 (as amended), hereby resolves to:

1. Note the submissions received.

2. Adopt the proposed Local Planning Policy – Detailed Area Plan Casuarina Drive (cnr Wollaston Street).

3. Publish a Notice of adoption in accordance with Clause 2.3.4 of the City’s Town Planning Scheme No.7.

Background The subject site is zoned “City Centre” under the City’s Town Planning Scheme No.7 (TPS7). The subdivision for the creation of 12 lots, ranging in size between 188m2 and 317m2 for a mix of residential and commercial land uses has been approved by the Western Australian Planning Commission (WAPC) on 10 October 2011. One condition of the subdivision approval is to prepare a DAP. The approved subdivision plan is attached at Appendix DPDS-3. Legislative Compliance Proposed draft Local Planning Policies are required to be advertised for public comment for not less than 21 days in accordance with clause 2.3 of TPS7. Officer Comments Following the advertising period of 21 days, eleven (11) submissions and three (3) late submissions were received. Most submissions referred to the subdivision layout and vehicle access to the site. However, as the subdivision layout has already been approved by the WAPC, these matters are outside the consideration of the DAP.


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As previously mentioned, the purpose of the DAP is to guide development and as such only matters referring to the development requirements of the DAP can be considered, such as:

- Streetscape/Facades to Abrahamson Mews; - Landscaping on verge; and - Car parking. To address those issues, additional requirements (such as architectural form and building façades and suitable landscaping of abutting verge areas) have been incorporated into the provisions of the DAP. It is considered that car parking is satisfactorily addressed, bearing in mind that requirements for car parking are sufficiently outlined in TPS7 and the Residential Design Codes. The adoption of the proposed Local Planning Policy: Casuarina Drive (cnr Wollaston Street) is recommended as it will provide the community with guidance and increased certainty of future development outcomes. Community Consultation The proposed Local Planning Policy has been publicly advertised for 21 days. Eleven (11) submissions and three (3) late submissions were received. The Schedule of Submissions is attached at Appendix DPDS-4. Relevant Precedents Council has previously resolved to endorse other similar DAPs e.g. Glen Iris Moorland Avenue; Council Decision 251/11 on 8 November 2012.


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13.2 CBD Parking Review Report

File Ref: A04801 Applicant/Proponent: Internal Report Author: Neil Dyer, Parking Coordinator Executive: Bob Karaszkewych, Director Planning & Development

Services Attachments: Appendix DPDS-5

Summary In 2006 Council resolved to implement the CBD Parking Strategy which involved changing five (5) centrally located car parks to provided 2 hours of free parking for motorists; creating fixed rate all-day carparks around the fringe of the CBD and introducing paid on-street parking throughout the CBD. To ascertain if these initiatives have achieved the desired results, Luxmoore Parking Consulting a division the ARRB group (Luxmoore) were commissioned by the City to undertake a review of the implementation of the CBD Parking Strategy and to provide Council with detailed findings and recommendations. Executive Recommendation 1. Council note the report titled the City of Bunbury Review of Implementation of

August 2007 CBD Parking Strategy dated 7 May 2012 and adopt recommendations 1 through 11 (inclusive) in the report.

2. Council refers the report and recommendations to the CBD Parking Strategy Control Group to facilitate the implementation of the recommendations through the CEO.

3. Council releases the report and the recommendations for public information. Background In March 2001, Council awarded a contract to GHD Pty Ltd to prepare the Bunbury Transport Vision 2030 document. The draft Integrated Land Use and Transport Vision 2030 document was prepared and advertised for public comment. Following the amendments that arose from submissions received, it was endorsed by Council. The adopted Transport Strategy incorporated a “Vision for Parking”. The Vision and associated strategies were directed toward a reduction in car dependency by facilitating alternative modes of transport such as public transport, cycling, walking and car sharing. In 2006, Council commissioned ARRB Consulting to investigate, report and recommend a detailed works program to be undertaken over a 10 year period. The report was to review and provide details for the implementation of the 17 strategies and actions proposed in the GHD Integrated Land Use and Transport Strategy 2030. Council received the ARRB report in 2006 and resolved to publicly advertise the document. On 28 August 2007, a report was presented to Council and following consideration of the report, Council resolved the following:



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Council resolves as following in relation to a parking strategy for the Bunbury CBD:

1. Determine the submissions received during the advertising of the AARB Consulting Report and subsequent advice from the Bunbury Chamber of Commerce and Industry in accordance with the recommendations contained in the Schedule of Submissions.

2. Council resolves to adopt the following actions as outcomes from the review of the AARB Consulting Report:

2.1 Maintain informative and ongoing communication with all stakeholders and the community.

2.2 Change parallel parking in relevant streets to angle 45 parking as part of on-street parking improvements. The relevant streets are Edward Street, Eliot Street, Prinsep Street (East) and Wellington Street (East). In the case of Prinsep and Wellington Streets, a review of this change may be necessary following a full analysis of the Stirling Centre redevelopment.

2.3 Prepare a new CBD Local Planning Policy (for consideration at the last committee and council meetings in October 2007) for Parking and Town Planning Scheme No. 7 changes that include (but are not limited to) the following matters:

(a) The cash-in-lieu amount per parking bay and the circumstances under which cash-in-lieu is applied.

(b) The discretionary threshold of 2,000m2 GLA for the provision of parking.

(c) The appropriateness of the current Specified Area Rate that covers parking and traffic management.

(d) Concessions for heritage buildings and existing floor space as part of a redevelopment site.

(e) The adequacy of provisions to support residential development in the Bunbury CBD.

(f) Conditions under which reciprocal rights apply (e.g. after working hours).

(g) The parking requirements for different land uses.

2.4 Improve directional signs to ensure the City's car parks can be easily located by residents and visitors.

2.5 Introduce on-street parking fees for high demand short stay areas. Further advice to be provided on the streets (or parts of streets) to be metered, as well as charges.

2.6 Introduce all-day parking fees for off-street parking areas as well as a two (2) hour free incentive for shoppers/workers to not use on-street parking bays. Further advice to be provided on the off-street parking areas to be included and the charges that will be applied.

2.7 Implement a “Park and Walk” program for long stay parkers using fringe CBD car parks.

2.8 Introduce new technology with more convenient payment systems.

2.9 Improve car park presentation and aesthetics as per the AARB report set of design principles.

2.10 Review the adequacy of parking enforcement resources.

2.11 Re-invest surplus parking income into the provision of alternative transport infrastructure. Priority is to be given in the short term to


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improvements to pedestrian and cyclist facilities and the potential for a CAT bus system servicing the Bunbury Waterfront Project and the CBD and remote commuter parking such as the South West Sports Centre in Hay Park.

2.12 Create dedicated bays for trailers and caravans on the periphery of the CBD.

2.13 Appoint a Parking Coordinator. The role of this position will include regular reviews of utilization, occupancy levels and parking fees. In addition to establishing paid parking at the Rivers Car Park (as specified in the report titled "Parking Planning Units - Summary of Issues and Proposals") paid parking will also be established at the Stuart Street Car Park. The combined income from these parks will underwrite the Coordinator position.

3. Council resolves to adopt the set of Actions associated with the eight physical planning units described and reported on in the Schedule of Submissions.

4. Council further resolves to prepare an Implementation Program that includes a schedule of works and costings based on the above decisions for consideration at the last committee and council meetings in October 2007.

5. The Terms of Reference of the CBD Project Control Group be expanded to include monitoring of implementation of the new parking strategy.”

The implementation of the strategy commenced after the Council decision, however the changes to operation of Council carparks (creation of the park and walk carparks for all-day users and the introduction of the 2 hour free carparks for visitors and shoppers) and the introduction of paid street parking was not introduced until December 2009 and July 2010, respectively. To determine if the implementation of the CBD Parking Strategy was successful in meeting its objectives, in December 2010 Luxmoore were commissioned by the City to undertake a review of the initiatives that had been implemented and to provide a detailed list of findings and recommendations with regards to CBD parking. Luxmoore had prepared a draft report by June 2011, however as a result of comments and suggestions received by the City regarding the changes to the CBD parking that had been introduced, and in particular the introduction of paid on-street parking, it was considered appropriate that comprehensive public consultation be undertaken and that the results of that consultation be provided to Luxmoore so that they could be considered when compiling the report. In September 2011 Spacestation Brand Insights and Communications was engaged by the City to undertake a detailed survey of business owners and consumers with regards to carparking. The results of those surveys were then provided to Luxmoore to enable them to complete the review of the implemented strategy and to provide a list of key findings and recommendations. A copy of the subsequent report, CBD Parking Review 1 May 2012, is attached as appendix DPDS-5. Council Policy Compliance There is no Council policy compliance applicable to this item.


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Legislative Compliance There is no legislative compliance relevant to this item. Officer Comments The Luxmoore CBD Parking Review report 1 May 2012 was commissioned in 2010 to ensure that the implementation of the strategic components of the strategy had been undertaken correctly; to ensure that the now implemented CBD parking is working as intended; and to provide a strategic direction for the CBD Parking Strategy Control Group. The findings of the report indicated that the actual objectives of the Strategy, which was to maintain the primacy of on-street parking by encouraging visitors and shoppers into 2 hour free centrally located carparks and encourage all day parkers to utilise carparks on the edge of the CBD has been achieved. Confirmation of this is contained within the report document. The report provides a list of recommendations that if implemented, will address most of the concerns raised from the business and the general public, without compromising the foundation of Strategy. Analysis of Financial and Budget Implications There will be no financial implication on the 2011/12 budget from this report. Community Consultation Comprehensive community consultation was undertaken as part of the review process and to provide the required information to compile the review document. The consultation undertaken involved the following: 1. Luxmoore undertook two public forums at the Bunbury Chamber of

Commerce and Industry premises on 2 September 2011; and 2. Spacestation Brand insights and communications undertook a written survey

of CBD business; a ‘face to face’ survey of consumers who park in the paid on-street parking and in the 2 hour free parking and a telephone survey of people who do the majority of their shopping outside the CBD.

Councillor/Officer Consultation Consultation has been undertaken with relevant Council staff and members of the CBD Parking Strategy Control Group that also included two Councillors and the Mayor. Strategic Relevance This report pertains directly to the Central Business District Parking Strategy – August 2007.


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13.3 Committee Review – Greater Glen Iris / Moorlands Project Control

Group

File Ref: A04597 Applicant/Proponent: Internal Report Author: Kelvin D Storey, Manager S&ILUP (Acting) Executive: Bob Karaszkewych, Director Planning and Development

Services Attachments: Nil

Summary As part of the recent review of the Committees of Council, it appears that whilst Council has previously been informed of the cessation of the Greater Glen Iris Moorlands Project Control Group, it was not formally disbanded by Council. Executive Recommendation That the Greater Glen Iris Moorland Project Control Group be formally disbanded. Background The Greater Glen Iris Moorlands Project Control Group was established in September 2005 to oversee the “development, consultation and implementation of a precinct plan” for the area, to be prepared by consultants Hassell Pty Ltd. The Project Control Group (PCG) included Councillors (Mayor, David Smith as Chair, Cr Alfred Leigh and ex-Cr Dillon), representatives of the Bunbury Port Authority, Department of Planning and Infrastructure (now known as the Department of Planning), Department of Housing and Works, the South West Development Commission, the former CEO and key Executives and officers of the City. Council Policy Compliance Policy CEO7 on the establishment and Operation of Committees. Officer Comments The last meeting of the Greater Glen Iris Moorlands Project Control Group was held on September 2007 following the submission and acceptance of the planning consultant’s final documents. At that meeting it was determined that the PCG need not meet again. The work that was begun by consultants has subsequently been progressed ‘in house’, which has to-date included the delivery of the Glen Iris Moorlands Local Area Plan, and the endorsement of both the Glen Iris and Moorlands structure plans. Work continues in terms of preparing and implementing elements of the Local Area Plan, and whilst discussion and consultation with key stakeholders continues, the activities are able to proceed without the requirement for a dedicated PCG. Analysis of Financial and Budget Implications Nil


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Community Consultation External representatives were advised of the PCG’s cessation at the time of the last meeting held in 2007. Councillor/Officer Consultation To the extent that Councillors, Executive and City staff involved with the PCG were part of and supportive of the decision taken in 2007, (i.e. that there was no longer a need to continue to meet in that form).


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14. Director Strategic Integration Reports 14.1 Lighting up Bunbury

File Ref: A04992 Applicant/Proponent: Internal Report Author: Michael Stewart, Senior Projects Officer Executive: Geoff Klem, Director Strategic Integration Attachments: Nil

Summary The Lighting up Bunbury project set out to deliver a feasibility study (Nightscape Plan) that offers and examines potential creative lighting solutions to enhance the cityscape of Bunbury at night. The Lighting up Bunbury Preliminary Nightscape Plan is now complete and was distributed to Councillors with a Memo on 18 April 2012. Council is now requested to select four (4) sites for conceptual development and costing which will be included as part of the Final Nightscape Plan. The South West Development Commission (SWDC) has conditionally committed to match funding for implementation of the Nightscape Plan up to a value of $100,000 for the 2012/2013 financial year. The four (4) sites recommended for conceptual development have SWDC endorsement for funding. Executive Recommendation 1. That Council endorse the four (4) sites as recommended in the Lighting up

Bunbury Preliminary Nightscape Plan for conceptual development and costing.

2. That Council allocate $100,000 in the 2012/2013 budget for implementation

of the Lighting up Bunbury Nightscape Plan.

Background The City of Bunbury council has discussed the potential for using creative lighting to increase the night time vibrancy of the CBD for a number of years. The catalyst for the Lighting up Bunbury project was a presentation to Council by the SWDC in May 2011. The presentation canvassed ways in which lighting effects have been creatively used in cities around the world with the intention of raising interest in the prospect of having similar lighting features in Bunbury. As a result of this presentation, $15,000 was included in the 2011/2012 budget to conduct a feasibility study into creative lighting solutions that could benefit the Bunbury CBD. SWDC also contributed $15,000 to the feasibility study, making this a $30,000 project. James Wallace, Director of LightPlan was awarded the contract to “deliver a feasibility study that offers and examines creative lighting solutions to enhance the cityscape of Bunbury at night”. As part of the contract, a Preliminary Nightscape Plan would be presented to Council which includes all locations identified as having


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potential for creative lighting. Council would then select four (4) sites for conceptual development and refined capital and operating cost estimates. The four sites recommended for conceptual development and costing in the Preliminary Nightscape Plan were selected due to their relatively low capital works budget, relatively short construction period, the fact they are City of Bunbury assets and there is some form of electrical infrastructure already on site. The SWDC has had a keen interest in this project from the start and sees it as “an opportunity to inject vibrancy into the region’s capital city”. We have now received confirmation that the SWDC Board has approved up to $100,000 funding for implementation of the Lighting up Bunbury Nightscape Plan in the 2012/2013 financial year, subject to the following conditions: 1. Matching funding on a dollar for dollar basis from the City of Bunbury. 2. The outcomes of the Commission’s 2012/2013 budget process. 3. Participation by the SWDC on the Project Steering Committee. 4. An agreement on the final projects to be funded. Project meetings up to this point have been attended by both Don Punch (CEO) and Ashley Clements (Infrastructure & Technology) from SWDC and all four (4) sites recommended in the Preliminary Nightscape Plan have SWDC endorsement for funding. Council Policy Compliance There are no issues with policy compliance associated with this matter. Legislative Compliance There is no legislative compliance issues associated with this matter. Officer Comments James Wallace is a very well credentialed Lighting Designer who has undertaken similar projects nationally and internationally. He has given significant time to the Lighting up Bunbury project and come to his recommendations through very sound reasoning. The concepts proposed for further development strike a balance between being creative/vibrant and being practical/strategic in regards to safety and the flow of pedestrians after hours. Implementation of the Nightscape Plan should lead to the CBD being more attractive after hours with flow on benefits such as an improved night time economy, reduced crime rates and community pride. If the SWDC contribution is fully utilised, Council has the opportunity to secure a $200,000 outcome for a $100,000 investment. Analysis of Financial and Budget Implications There is no financial impact of endorsing Recommendation 1 as this is already covered in the existing contract with LightPlan. The financial impact on Council’s budget of endorsing Recommendation 2 will be $100,000 plus any ongoing operational and maintenance costs (to be determined during the conceptual development and cost refinement stage).


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Community Consultation No community consultation has been undertaken at this point. Councillor/Officer Consultation James Wallace consulted with the following City of Bunbury contacts while compiling the Preliminary Nightscape Plan: Geoffrey Klem – Director Strategic Integration Michael Stewart – Senior Project Officer Cr Stephen Craddock (Deputy Mayor) Steve Stirton – Manager Building Construction & Maintenance Peter Wright – Maintenance Planner (Public Lighting) Rachael Reed – Former Environmental Officer Leigh Barrett – Planning Officer (Heritage) Peta Nolan – Community Safety Officer Life-cycle Maintenance Costs (Capital Works Projects Only) The life-cycle maintenance costs of the four (4) selected sites will be calculated as part of the conceptual development/cost refinement stage. Economic, Social, Environmental and Heritage Issues Economic The primary goal of the Lighting up Bunbury project is to make the Bunbury CBD more vibrant after hours. It is expected that adding lighting to strategically located areas will make the CBD more welcoming and appealing. Drawing a greater number of people into to the area after hours will eventually lead to a stronger, more diverse, night time economy. Social From the Lighting up Bunbury Nightscape Plan: “There is a direct correlation between the quality of public lighting and the incidence of crime. If people are frightened to walk the streets and public areas of Bunbury at night, there will be fewer people in the City. The fewer the people, the less public surveillance, the higher the probability of an offence being committed. If the fear of crime is reduced, the cycle can be broken.” “Well designed public and private lighting can reduce the number of acts of crime in the City of Bunbury. Pedestrians feel a sense of safety and wellbeing when footpaths, lanes, access ways, car parks and malls are well lit and other people are in the vicinity at night.” In addition to the above, a more vibrant CBD will give City of Bunbury residents something to be proud of and instil a sense of place and belonging to those that visit the CBD at night.


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Environmental Additional lighting used in the implementation of the Nightscape Plan will endeavour to utilise low-draw LED technology (or similar) wherever possible. Heritage The Lighting up Bunbury Nightscape Plan does identify a number of Heritage Buildings that would benefit from additional feature lighting. However, none of these are included as part of the four (4) sites recommended for conceptual development.


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14.2 BREC Expansion

File Ref: F00221 Applicant/Proponent: Internal Report Author: Geoff Klem, Director Strategic Integration Executive: Geoff Klem, Director Strategic Integration Attachments: Nil

Summary On Tuesday 20 March, Council agreed in principle to extend a further $2.5M to the BREC Expansion project budget (making a total budget of $12.5M) to allow 'room to move' in designing a new concept that meets all the requirements of the original brief. These funds were granted on the condition that the Project Team return to Council at a later date with a final concept that demonstrates significant effort has gone into finding cost savings and removing unnecessary items from the scope. A conceptual design has now been worked up that attains all design goals and inclusions that the project set out to achieve. The additional funds allocation required to complete the project is $1.82M (rounded). Executive Recommendation 1. That Council endorse the conceptual design for the expansion of the Bunbury

Regional Entertainment Centre (Option N4) as presented.

2. That Council approve a revised project budget of $12.423M for the expansion of the Bunbury Regional Entertainment Centre.

Background The BREC Expansion project set out to deliver a world class facility that will cater for the diverse cultural needs of a growing regional community. The original budget for the project was $9.968M broken down as follows: Regional Headworks Fund $5M Bunbury Wellington Group of Councils (CLGF Allocation) $2.468M City of Bunbury $2.5M Total $9.968M Perkins Builders was the successful tenderer and was appointed in late 2011. During meetings held in early 2012 between the Builders, Architects, City of Bunbury representatives and the BREC Board, it became evident that the original design was not achievable within the original budget. The directive was given to the Architects to design an expansion that could be built within budget, while also achieving the requirements of the brief. Over a period of two months, a number of meetings and design workshops were held during which multiple concepts were considered. For each design presented, the Project Team would make changes and scope reductions in an attempt to find an acceptable design within budget that would still achieve the requirements of the project.


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The Project Team soon came to the realisation that building within budget could not be achieved without significantly compromising the outcomes of the project. A decision had to be made whether to proceed with a sub-standard outcome within budget, or making an adjustment to the budget in order to deliver a quality outcome that achieves the goals of the project. On Tuesday 20 March, Council agreed in principle to extend a further $2.5M to the BREC Expansion project budget (making a total budget of $12.5M) to allow 'room to move' in designing a new concept that meets all the requirements of the original brief. These funds were granted on the condition that the Project Team return to Council at a later date with a final concept that demonstrates significant effort has gone into finding cost savings and removing unnecessary items from the scope. A conceptual design has now been worked up that attains all design goals and outcomes that the project set out to achieve. The Cost Estimate for this concept made by RBB Quantity Surveyors was $12.775M. Throughout the process, the project group has dedicated significant time and effort into removing elements of the design that were not seen as critical in achieving the desired outcomes of the project. Further cost savings totalling $352,000 have been made since receipt of the RBB Cost Estimate. These further savings have resulted in an estimated additional funds requirement of $1.82M (rounded). Council Policy Compliance There are no issues with policy compliance associated with this matter. Legislative Compliance There are no legislative compliance issues associated with this matter. Officer Comments There is a very large external funding commitment to this project. This funding was given with the requirement to meet the outcomes stated in the original business case; the same outcomes we are now working to achieve. The project group believes that the solution being proposed is the lowest feasible cost for a building expansion that will still achieve the goals that the project originally set out to achieve. Analysis of Financial and Budget Implications Adopting the recommendation will result in the project budget increasing from $9.968M to $12.423M. Based on a Cash Flow Forecast received from Perkins, including interest accrued on grant funds and the below assumptions, the additional funds required for the project are $1.82M (rounded). Not including grant funds, CoB expenditure per financial year is as follows:


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2012/2013 $1,321,536 2013/2014 $2,990,000 Total $4,311,536 Existing allocation $2,500,000 Required additional allocation $1,811,536 Assumptions: - Future Term Deposit rate of 4.00% - Average at Call rate 3.50% - All scope reductions are allocated to 2013/2014 financial year Community Consultation Community consultation on the current design and budget has not been undertaken at this stage. Councillor/Officer Consultation Councillors were briefed on the status of the BREC Expansion project on the 20 March 2012. An agreement in principle was made to extend a further $2.5M to the BREC Expansion project budget (making a total budget of $12.5M) to allow 'room to move' in designing a new concept that meets all the requirements of the original brief. These funds were granted on the condition that the Project Team return to Council at a later date with a final concept that demonstrates significant effort has gone into finding cost savings and removing unnecessary items from the scope. Members of staff that have been consulted are as follows: - Andrew Brien, Chief Executive Officer - Wayne Wright, Director Corporate Services - Michael Stewart, Senior Projects Officer Life-cycle Maintenance Costs (Capital Works Projects Only) The City of Bunbury currently subsidises BREC’s operations annually, with $334,380 contributed for the 2011/2012 financial year. The financial benefits expected from this project are an increase in revenue to the Centre resulting in a reduced dependence on recurrent funding from the City of Bunbury. Economic, Social, Environmental and Heritage Issues Economic The improved facilities will open new markets not currently satisfied by BREC. Those markets will create and sustain two additional full-time staff positions as well as additional casual staff. Furthermore, the increased programming will have flow-on benefits to the City in terms of tourist visitations, hotel room nights and food, beverage and retail sales.


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Social BREC is already well established as the cultural hub of the City and the Region. The expansion will further enhance this by permitting a broader spectrum of smaller and alternative performances not suited to the larger theatre space. Educationally the project will expand on the use of the Centre as a dance education facility, a home for a theatre company, a base for Youth Theatre and South West Philharmonic, as well as ongoing promotion of the arts through the Youth and Community Development Committee of the Board of Management.


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14.3 Revised Emergency and Community Services Hub Concept Plan,

Reserve 23839, Bussell Highway, Withers

File Ref: F00101-39 Applicant/Proponent: City of Bunbury/Community Home Care Author: Neville Dowling, Strategic Projects Officer Executive: Geoff Klem, Director Strategic Integration Attachments: Appendix DSI-1, DSI-2

Summary Not for profit organisation - Community Home Care has requested revisions to the Emergency and Community Services Hub Concept Plan (ECSH Concept Plan) that was approved by Council 13 September 2011. The revisions mainly involve an increase in the size of the building footprint, an increase in the number of parking bays proposed for the Parade Way/Adam Road reserve and a roundabout located within the site instead of the original proposal to have vehicle access circulate around the building. The revised ECSH Concept Plan is attached at Appendix DSI-1. Executive Recommendation That Council resolves to:

1. Adopt the revised Emergency and Community Services Hub Concept Plan (May 2012) as a guide to the future development of Reserve 23839 and associated portion of Adam Road Reserve.

2. That any development proposals for Reserve 23839 be advertised in accordance with the provisions of clause 9.4.3 of the City of Bunbury Town Planning Scheme No. 7.

Background At its meeting on the 13 September 2011, Council resolved to:


1. Adopt the revised Emergency & Community Services Hub Concept Plan (August 2011) as a guide to the future development of Reserve 23839 and associated portion of Adam Road Reserve.

2. That any development proposals for Reserve 23839 be advertised in accordance with the provisions of clause 9.4.3 of the City of Bunbury Town Planning Scheme No. 7.

3. Adopt the changes to the revised Emergency & Community Services Hub Concept Plan (August 2011), as recommended to Council in the memo dated 6 September 2011.

4. Note that the Hub Concept plan (August 2011) includes plans for a Men’s Shed”

The September 2011 approved concept plan is attached at Appendix DSI-2.


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Council Policy Compliance Access & Parking for Pedestrians, Bicycles and Vehicles - No. 3. The concept plan generally complies with this policy. Detailed assessment of the location, design, dimensions of access and parking areas will be carried out at the development application stage. Legislative Compliance Local Planning Scheme City of Bunbury Town Planning Scheme No. 7 indicates that Reserve 23839 is included in the “Parks and Recreation Reserve”. Given that the reserve has no apparent recreational value, and that a portion of the site has already been developed for an emergency service facility, development approval may be given for a “Community Purpose” use in accordance with section 3.4 of the Scheme. Therefore Council may approve the proposal for “Community Purpose” uses on the site within the present local reserve. Nevertheless the re-reservation of the land from “Parks and Recreation Reserve” to “Public Purpose Reserve” will occur through the current omnibus scheme amendment (Scheme Amendment number 30). Amendment 30 is pending final approval by the Minister for Planning which should occur before the end of June 2012. Reserve 23839 Vesting, Purpose and Use This process of the subdivision and re-vesting of the reserve is being administered by the Office of State Lands and is expected to be finalised by the end of May 2012. No issues have been raised by the relevant government agencies. Officer Comments The rationale for the development and use of Reserve 23839 for the purposes of establishing an ECSH is provided in the 13 September Council Minutes (Decision 216/11). The proposed revision to the Emergency and Community Services Hub Concept Plan is considered appropriate as:

- The revised plan allows for more parking (approx 20 additional bays) in the Parade \Way/Adam Road reserve. This parking area can also be utilised for overflow parking on the Turf Club’s special events days.

- The proposal for an internal roundabout is considered a safer and more efficient option for vehicles entering and leaving the site. It also reduces the amount of road pavement area from that required on the previous plan.

- The FESA site is not affected by the revisions to the plan as is the previous layout for vehicle access to and from the site.

- The plan has accommodated the changes requested by South West Rotary regarding the Men’s Shed, whereby they have located the yard area to the west end of the building and their office at the east end of the building (Bussell Highway side). This will provide a better visual presentation to Bussell Highway than in the original plan.

http://www.bunbury.wa.gov.au/pdf/Planning/local_planning_policies/landuse_&_development_planning_policies/Access_&_Parking_for_Pedestrians_Bicycles_&_Vehicles.pdf�


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Community Home Care

Advice has been received that the CHC has received their development funding and plans are currently being finalised for the lodgement of a development application. Detailed plans are currently being prepared by Veen’s Design Drafting Services. Men’s Shed

The Bunbury Rotary club have finalised building plans for the Men’s Shed and have provided input to the revised ECSH Concept Plan. They are due to have all their funding requirements finalised in the near future. FESA

FESA are in the process of finalising funding for their Emergency Services Site. They are expecting to receive funds approval from Treasury before June 2012. They will be lodging a development application as soon as the funds are made available. Analysis of Financial and Budget Implications Lease arrangements or re-vesting orders will need to be determined and administered by Council’s Property Services in conjunction with the organisations that will occupy the site. The organisations occupying the site will be responsible for all development and construction costs including the parking areas indicated within the Parade Way Road Reserve. Community Consultation Consultation has been carried out on numerous occasions with FESA, Community Home Care, the Bunbury Turf Club and the Rotary Club. It is recommended that any development proposals for the site be advertised for public comment in accordance with 9.4.3 of the Scheme. Councillor/Officer Consultation Since February 2010 Council staff has frequently liaised with FESA, CHC and the Bunbury Turf Club. It is also understood that various Councillors have also been involved in discussions with CHC and Development Services staff. Both FESA and CHC representatives were present at the 1 June 2010 Council Committee meeting where plans for the use of Reserve 23839 were discussed in detail. The May 2012 revised concept plan was tabled at the Agenda Development Coordination Meeting on 3 May 2012. Comments were as follows: Engineering – “The proposed road access situation south of the site (outside of the concept plan area) and relationship with Parade Road should be reviewed in terms of catering for the existing residences in Parade Way and Michele Court. This matter will be examined in more detail by engineering and planning staff.” Health – “Appropriate noise amelioration measures will be required in regard to the Men’s Shed site. Although there is a proposed masonry screen wall along the western edge of the E&CS Hub site, an additional masonry noise wall may also be required adjacent to the Men’s Shed building area and noise reducing building materials should be considered. Conditions will be applied regarding noise amelioration as a part of any development approval.”


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15. Director Works and Services Reports 15.1 Koombana Drive / Estuary Drive Intersection Upgrade

File Ref: R00262-03 Applicant/Proponent: Main Roads Western Australia Author: Jason Gick, Manager Engineering Executive: Phil Harris, Director Works & Services Attachments: Appendix DWS-1, DWS-2, DWS-3

Summary As part of the Eelup Rotary upgrade, Main Roads has investigated the upgrade of the Koombana Drive / Estuary Drive intersection. Upgrading this intersection to accommodate a realignment of Estuary Drive and installation of Traffic Control Signals will improve the intersection and the performance of the Eelup rotary. The offer to upgrade this intersection is made as a State initiative on local roads. Main Roads correspondence to Council is attached at Appendix DWS-1. Executive Recommendation That Council support the State initiative on local roads to upgrade and signalise the Koombana Drive / Estuary Drive intersection to a realigned T junction in accordance with drawing numbered 201202-0210 attached at Appendix DWS-3. Background The Eelup Rotary is being upgraded by Main Roads to accommodate eight coordinated Traffic Control Signals, as the Stage 1 upgrade for this intersection. The proposal has been designed to accommodate immediate needs addressing road safety and network efficiency and has been deliberately designed to make provision for a future grade separated flyover as the Stage 2 upgrade. The Stage 1 improvements will increase the capacity of the rotary and address the intersections very high crash rate. The Koombana Drive / Estuary Drive intersection is currently an uncontrolled T junction that is nearing its carrying capacity. The Eelup Rotary upgrade modelling has shown that it needs to be upgraded to accommodate the changes in traffic regime and to increase the stacking distance along Koombana Drive. Main Roads has previously briefed the Council on two development options for this intersection; a realigned T junction at the intersection and realignment of Estuary Drive to create a 4-way controlled intersection opposite Austral Parade. The proposal has now been formally presented to Council for consideration. Council Policy Compliance N/A


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Legislative Compliance As the works are proposed on local roads, Main Roads needs Council support. Officer Comments This project has been considered over the last two (2) years. The need for the project is being driven by the requirement to upgrade the Eelup Rotary. Initially the proposal to realign Estuary Drive to create a 4-way signalised intersection opposite Austral Parade was preferred as it created a longer queuing space between the Eelup Rotary departure and the intersection. Since that time there has been some community opposition to the 4-way proposal including several residents along Austral Parade. In a meeting in mid 2011, the Mayor and the (then) Deputy Mayor, Cr Kelly indicated their support for the realigned T junction intersection. In recent communication with Main Roads the significant cost difference between the T junction option and the 4-way option was highlighted as a major concern. Main Roads indicated that cost savings from undertaking the T junction upgrade would be directed towards the upgrade of the Australind Bypass / Vittoria Road intersection, also within the City of Bunbury. The upgrade of the Australind Bypass / Vittoria Road intersection is a necessary road network improvement and it’s earlier than anticipated delivery by virtue of cost savings on the Koombana Drive / Estuary Drive project is supported. Eventually the Koombana Drive / Austral Parade intersection may need to be signalised and the responsibility for that upgrade will rest with the City in the future. Main Roads has provided a technical report (attached at Appendix DWS-2) that supports the recommendation to upgrade the Koombana Drive / Estuary Drive intersection to a realigned and signalised Tee junction. Analysis of Financial and Budget Implications The project is a State initiative on local roads. The works will not impact on the Councils budget, and will result in the acquisition of an upgraded and renewed road asset. Community Consultation Main Roads has consulted with a number of land owners along Austral Parade, the Bunbury Port Authority and the Council. Main Roads has also issued a number of printed advertisements and press statements in local print media. Councillor/Officer Consultation Main Roads has briefed the Council several times on this and other projects being undertaken in the Greater Bunbury Region. Main Roads provides regular project updates at the Regional Road Group.


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15.2 Activ Business Property Care Services

File Ref: A05041 Applicant/Proponent: Internal Report Author: James Shepherd, Manager Civil and Open Space Executive: Phil Harris, Director Works & Services Attachments: Nil

Summary Following Council Resolution 206/11 the City of Bunbury engaged Activ Business Property Care Services (Activ) to delivery works against the Withers Action Plan. The trial has been completed with Activ achieving satisfactory delivery of works identified in the agreement. Executive Recommendation That Council note the outcomes of the Service Level Agreement between Activ Business Property Care Services and the City of Bunbury. Background Activ are an integral part of the local community providing a variety of opportunities to support people with disabilities. Activ is one of the largest service provides of its type in WA and provides employment, training, in home support, holidays and transport within communities throughout WA. Through Activ Business Property Care Services the City of Bunbury is able to enhance its service delivery within the Parks and Gardens team with an additional crew consisting of one (1) supervisor and three (3) staff (minimum). This crew is able to operate independently or as part of a larger team to assist the department deliver its maintenance commitments. The original proponent for the reintroduction of a partnership between the City of Bunbury and Activ Business Services was Councillor Steck as a Motion on Notice to the Council Committee on 21 June 2011 and the following full Council meeting on 28 June 2011 with the following decision:


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.” Thereafter the Works and Services directorate recommendation to Council was that the best way to achieve this was to combine the appointment of Activ with the delivery of aspects of the Withers Action Plan. At the Council Briefing of 30 August 2011 and subsequent Committee and Council meetings the proposal as tabled was supported by Council as below:



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That Council approve the appointment of Activ Employment Services to provide maintenance services over and above those provided by the City’s Parks & Gardens department to assist the City deliver aspects of the Withers Action Plan.” Activ were subsequently engaged to deliver the services outlined in the 2011 Withers Action Plan. These are detailed in the Officers Comments. The cost of the works delivered was $18,000 between October and December 2011. Council Policy Compliance Not Applicable Officer Comments Following Council briefing (30 August 2011) Activ Business Services were appointed to deliver works against the Withers Action Plan on behalf of the City of Bunbury. These works covered the following areas: - Des Ugle Park - Davenport Way - Stallard Court - Welcome Park - Wilkerson Way - Rand Court - Whitley Place - Lions Park (east of Parade Road) In general terms the works delivered at each of these locations were to clear and under prune vegetation to enhance the local amenity and also to provide a safer environment for the local population by removing opportunities for concealment of individuals, implements or both. The works undertaken were designed to enable the City to deal with some of the anti-social and community improvement projects identified within the Withers Action Plan at an early stage. Activ delivered the programme within the agreed timeframe and to a standard that all parties involved have been extremely satisfied with. Additionally the Withers Action Group Convener, Glen Willets has complimented the Activ team for the quality of their work and the improvements that it has brought to the area in a short space of time. The Works and Services directorate through the Parks and Gardens Department are seeking to engage Activ on a long term partnership basis to deliver support services to the department for the delivery of specific projects (including repeat works as defined by the Withers Action Plan). This, with a view to commencing this engagement at the start of the 2012/13 budget year. Following the trial, initiated as part of the delivery of the Withers Action Plan, the Works and Services Directorate wish to secure a long term partnership arrangement with Activ Property Care Services to deliver ongoing components of the Withers Action Plan.


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Future works delivered by Activ would be selected to ensure maximum safety for the crew and so will not include any works on or immediately alongside the road network. The following outlines the areas of work that Activ would be engaged to deliver: 1. Activ would deliver similar annual works as defined by the current Withers

Action Plan. 2. Areas of work identified within the existing Parks and Gardens work schedule

include maintenance of coastal foreshores, clearing of Council reserves to maintain rights of way and designated pathways, general maintenance of Council reserves to free permanent staff to provide improved service delivery of Council medians to improve the transport network amenity.

3. Additionally Activ would be well suited to delivering garden maintenance

services at the SWSC with this work paid for from the SWSC budget. Analysis of Financial and Budget Implications If Activ were engaged on a three (3) days per week basis over nine (9) months the cost would be in the vicinity to $75,000 based on of one (1) supervisor and three (3) staff (minimum). This crew is able to operate independently or as part of a larger team to assist the department deliver its maintenance commitments. The cost of the works delivered was $18,000 between October and December 2011. Community Consultation Not Applicable Councillor/Officer Consultation Not Applicable Economic, Social, Environmental and Heritage Issues Economic The engagement of Activ provides both meaningful employment and training opportunities for local people. Social Activ has a role in training and finding work opportunities for people with a range of disabilities. Works completed within 2011/2012 demonstrated that the organisation can undertake work which provides positive outcomes for the community and the individuals engaged with Activ.


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15.3 Victoria Street Streetscape Project

File Ref: A03824 Applicant/Proponent: Internal Report Author: Myles Bovell, Landscape Architect Civil and Open Spaces Executive: Phil Harris, Director Works and Services Attachments: Appendix DWS-3

Summary Part of Council Resolution 95/12 required that a survey of business owners take place to gauge feedback on potential alfresco opportunities. The response provided in the written surveys indicates support for increased alfresco dining opportunities is inconclusive with no clear majority to support or oppose. Executive Recommendation 1. Council note the results of the survey.

2. A meeting of business owners on the section of Victoria Street between Symmons and Wellington Street to be held to review the survey results.

3. Procurement of the works based on the design drawings be deferred pending the results of the meeting of business owners and the matter be returned to council as soon as possible for further consideration.

4. That current funds be carried forward to the 2012/2013 financial year. Background The Victoria Street pavement replacement program commenced in 2009 with the purpose of replacing the red brick paving, which have failed in the past, with a larger format paving which will reduce the occurrence of trip hazards and improve the overall aesthetic amenity of the streetscape. The 2011 – 2012 City of Bunbury approved Capital Works program identifies a project for the replacement of the red brick paving on Victoria Street between Symmons Street and Wellington Street with the work scheduled for May - June 2012. The age and deterioration of the existing pavement in an area of high pedestrian movement is now beyond a serviceable condition, potentially increasing Council’s liability. The red brick pavers are to be replaced with Urbanstone pavers consistent with streetscaping works completed in other parts of Victoria Street in recent years. A major component of this project will be to install root control barriers and improve the drainage to eliminate the flooding issues of the past. A significant consideration of this project will be to improve accessibility to people with mobility impairments to the businesses along this section of Victoria Street. The Executive Officer of the City’s Access Committee has been part of the design and consultation process. In April 2012 it was suggested that consideration be given to either:

a) A mall being established by closing off Victoria Street to vehicular traffic between Wellington and Symmons Steets; or


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b) The street being kept open to traffic and further alfresco opportunities being made available by the removal of selected parking bays and the upgrade of the streetscaping.

The survey results gauging business owner’s responses are attached at Appendix DWS-3. At the Council information forum held on 8 May 2012 there was discussion as to the possibility of integrating lighting opportunities into the upgrade of the streetscape. Council Policy Compliance N/A Legislative Compliance N/A Officer Comments Accessibility The design of the works has taken into consideration the requirement to comply with the provision of Australian Standard AS 1428.1 -2001, Austroads 2009 and Building Code of Australia (BCA) however as the existing pavement level and building construction are not conducive to achieving access compliant with the relevant Standards and Codes in all instances. The design is based on the most suitable compromise between the longitudinal and traverse cross fall standards taking into account the existing infrastructure constraints.

Analysis of Financial and Budget Implications There will be no variation to the current budget allocation for this project if it proceeds as per the drawings.

Community Consultation The project drawings were distributed to the effected businesses on 6 February 2012 with subsequent discussions on matters such as construction details and accessibility considerations with these business owners. During the period 20 April 2012 to 7 May 2012 the Director Works and Services and Landscape Architect hand delivered the survey and spent considerable time discussing the proposals including road closure options and encouraging business owners to provide feedback. Councillor/Officer Consultation A significant consideration of this project has been to improve wheelchair and pram accessibility to the businesses along this section of Victoria Street. The Executive Officer of the City’s Access Committee has been part of the design and consultation process.


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Life-cycle Maintenance Costs As this project is the replacement of an existing asset, there is no additional maintenance cost to what exists for inspections, cleaning and repairs.

Economic While alfresco dining and street activities may provide increased economic opportunities. Social The upgrade works will provide improved access to business premises wherever practicable and create a safer environment for pedestrians and the mobility impaired.

Delegation of Authority The project falls within the Chief Executive Officers delegation to approve as it is on the approved capital works program however as accessibility can be an emotive issue Council needs to be aware of the design constraints. Relevant Precedents Previous sections of Streetscape work have been undertaken with similar design constraints.


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16. Advisory Committee Minutes to be Noted 16.1 Minutes – CBD parking Strategy Project Control Group

File Ref: A00184 Applicant/Proponent: Internal Report Author: Neil Dyer, Parking Coordinator Executive: Bob Karaszkewych, Executive Manager Planning and

Development Services Attachments: Appendix MTBN-1

The minutes of a meeting of the CBD Parking Strategy Project Control Group held on 16 April 2012, are attached at Appendix MTBN-1. For Council information only Executive Recommendation The minutes of a meeting of the CBD Parking Strategy Project Control Group held on 16 April 2012, be noted.

16.2 Minutes – Bunbury Environment and Sustainability Advisory Committee

File Ref: A02445 Applicant/Proponent: Internal Report Author: Ben Deeley, Team Leader Sustainability and Integrated

Land Use Planning Executive: Bob Karaszkewych, Executive Manager Planning and

Development Services Attachments: Appendix MTBN-2

The minutes of a meeting of the Bunbury Environment and Sustainability Advisory Committee held on 3 May 2012, are attached at Appendix MTBN-2. For Council information only Executive Recommendation The minutes of a meeting of the Bunbury Environment and Sustainability Advisory Committee held on 3 May 2012, be noted.


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16.3 Minutes – Bunbury-Setagaya Sister Cities Committee

File Ref: A00443 Applicant/Proponent: Internal Report Author: Jenni Brown, Bunbury Setagaya Sister Cities Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix MTBN-3

The minutes of a meeting of the Bunbury-Setagaya Sister Cities Committee held on 29 March 2012, are attached at Appendix MTBN-3. For Council information only Executive Recommendation The minutes of a meeting of the Bunbury-Setagaya Sister Cities Committee held on 29 March 2012, be noted.

16.4 Minutes – City of Bunbury Art Collection Management Committee

File Ref: A00168 Applicant/Proponent: Internal Report Author: Margy Timmermans, Team Leader Arts and Culture Executive: Bob Karaszkewych, Executive Manager Planning and

Development Services Attachments: Appendix MTBN-4, MTBN-5

The (informal) minutes of a meeting of the City of Bunbury Art Collection Committee held on 16 April 2012, are attached at Appendix MTBN-4. The draft minutes of a meeting of the City of Bunbury Art Collection Committee held on 14 May 2012, are attached at Appendix MTBN-5. For Council information only Executive Recommendation 1. The (informal) minutes of a meeting of the City of Bunbury Art Collection

Committee held on 16 April 2012, be noted.

2. The draft minutes of a meeting of the City of Bunbury Art Collection Committee held on 14 May 2012, be noted.


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17. Items to be Noted (No Discussion) 17.1 Schedule of Accounts Paid for the Period - 1 to 30 April 2012

File Ref: A00083 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Executive: Wayne Wright, Director Corporate Services Attachments: Appendix ITBN-1

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 to 30 April 2012 is attached at Appendix ITBN-1. The schedule contains details of the following transactions: 1. Municipal Account – payments totalling $3,061,970.91

2. Advance Account – payments totalling $2,081,402.66

3. Trust Account – payments totalling $31,755.87

4. Visitor Information Centre Trust Account – payments totalling $20,808.65

5. Bunbury-Harvey Regional Council Municipal Account – payments totalling $62,039.26

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $88,228.42

For Council information only.

17.2 Councillor Reports – Councillor Murray Cook

File Ref: A05416 Applicant/Proponent: Internal Report Author: Councillor Murray Cook Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix ITBN-2

Councillor Murray Cook attended the WALGA Strategic Planning training Course in Perth on 23 April 2012 and has provided a report as attached at Appendix ITBN-2. Executive Recommendation The report from Councillor Murray Cook on the WALGA Strategic Planning training held 23 April 2012 be received and noted. For Council information only.


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17.3 City of Bunbury Event Operational Reports

File Ref: SF/119, SF/854, SF/883 Applicant/Proponent: Internal Report Author: Nardine Walford-Jones, Events Officer Executive: Stephanie Addison-Brown, Director Community

and Customer Services Attachments: Appendix ITBN-3, ITBN-4, ITBN-5

After each City of Bunbury event, the Events Officer prepares a post-event operating report, summarising the activities at the event, the final budget, the event successes and areas for improvement. The following reports are attached for noting:

1. City of Bunbury Christmas Carnival 2011 Post Operational Operating Report – attached at Appendix ITBN-3

2. City of Bunbury Australia Day Celebrations and Fireworks Spectacular 2012 Post-Event Operating Report – attached at Appendix ITBN-4

3. City of Bunbury Viva Bunbury! 2012 Post-Event Operating Report – attached at Appendix ITBN-5

Executive Recommendation The following City of Bunbury Event Operational Reports be received and noted:

1. Christmas Carnival 2011

2. Australia Day Celebrations and Fireworks Spectacular 2012

3. Viva Bunbury! 2012 For Council information only.


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18. Motions on Notice 19. Urgent Business


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20. Confidential Business as Stipulated under Section 5.23(2) of the

Local Government Act 1995 20.1 Tender for Construction of a Wetland Exhibit at the Bunbury Wildlife

Park – RFQ 2011 2012-32 File Ref: F00228 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property

Director: Stephanie Addison-Brown, Director Community and Customer Services

Attachments: Confidential Report DCCS-2 Summary The City of Bunbury has advertised for a suitably qualified and experienced landscape contractor to undertake the construction of a wetland exhibit within the Bunbury Wildlife Park. This exhibit was identified in the Alexander Master Plan completed for the Park in 2005. It will replace outdated original infrastructure. Executive Recommendation Council accept the revised tendered Lump Sum Fee submitted by LD Total for the construction of a wetland exhibit at Bunbury Wildlife Park. Background This project was advertised in the West Australian and the South West Times newspapers on the 21st and 22nd of March 2012. The documentation was made available via www.tenderlink.com/bunbury/ a total of 644 Tenderlink alerts were sent, 16 companies downloaded the documentation and at closing one (1) response was received from: - LD TOTAL 18 Lyall Street, South Perth WA 6151

An evaluation panel comprising the City’s Manager Contracts and Property and the Wildlife Park Manager assessed the response. The tender was evaluated using the following criteria:

- Compliance Criteria

- Qualitative Criteria

- Price Evaluation of the tender prices (and ranking) 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 (Confidential Report DCCS-2).

http://www.tenderlink.com/bunbury/�


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Strategic and/or Regional Outcomes Acceptance of the recommendation listed in this report is consistent with the 2005 Alexander Master Plan for the Wildlife Park and will continue the development of the Park into a significant tourism attraction for Bunbury. Analysis of Financial and Budget Implications Funding for this project has been provided in the 2011-12 budget through a combination of Council, grant and sponsorship funding. Council contribution $ 42,000 Royalties for Region $ 99,000 Corporate Sponsorship $ 6,600 TOTAL $147,600 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 CD2 "Purchasing - Local Preference Policy" was applied during evaluation of the tenders 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 This tender has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Relevant Precedents Council has dealt with all tenders previously called.


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20.2 Proposed Road Closure and Disposal of Land - Portion of Blair Street

Road Reserve Adjacent Lot 107 Strickland Street, Bunbury

File Ref: P09230-20 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property Executive: Wayne Wright, Director Corporate Services Attachments: Confidential Report DCS-3

Summary The City has received a Development Application from Citygate Properties Pty Ltd (the Applicant) for additional parking bays at the Bunbury Homemaker Centre and a request to purchase a 1220m² portion of Blair Street Road Reserve to provide 70 additional parking bays. Executive Recommendation Council agrees to the closure and disposal of this portion of Blair Street Road Reserve adjacent to Lot 107 Strickland Street by way of sale to Citygate Properties Pty Ltd and is subject to the following:

1. The agreed sale price is that identified in the Landgate Valuation Plan B for the 1220m² portion.

2. The applicant is to enter into a development agreement and obtain development approval (and any necessary building licences) prior to commencing development works.

3. The applicant is to fund a traffic management study, with the study managed by the City of Bunbury.

4. The applicant is to pay the full cost of the development works, document preparation, registration fees, valuation assessments, advertising, legal costs and associated landscaping and maintenance to the satisfaction of the City.

5. The Contract of Sale and legal transaction is to be managed by Slee Anderson & Pidgeon Lawyers.

Background The Development Application received from Citygate Properties Pty Ltd (the Applicant) is for additional parking bays at the Bunbury Homemaker Centre located in the Blair Street frontage. The applicant has also made a request to purchase a 1220m² portion of Blair Street Road Reserve adjacent Lot 107 Strickland Street (Homemaker Centre) the intended use for this land is to provide 70 additional parking bays. The road reserve portions to be amalgamated forms an elongated shaped parcel of approximately 3.2metres wide x 296metres long and generally runs parallel to and fronting Blair Street. The closure and disposal of this portion of Blair Street requires resolution from the City under section 58 of the Land Administration Act 1997.


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The City has obtained a Valuation from Landgate dated 18 April 2012, Plan B of the valuation identifies the agreed area and as this is considered confidential it has been provided under separate cover (Confidential Report DCS-3) Council Policy Compliance There is no Council Policy applicable to this proposal. Legislative Compliance The Closure of roads will be in accordance with the Land Administration Act 1997. The Disposal of property will be in accordance with Section 3.58 of the Local Government Act 1995. Officer Comments The City’s Development and Engineering Services Departments have no objections to this proposal. Analysis of Financial and Budget Implications The Applicant is to pay the full cost of the development works, document preparation, registration fees, legal fees, valuation assessments, advertising and associated landscaping and maintenance. The proceeds of the sale will be collected by the State Consolidated Revenue. Community Consultation The closure and disposal of this portion of Blair Street Road Reserve will be advertised in the South Western Times newspaper, the City of Bunbury’s website and public noticeboards, inviting submissions in accordance with Section 3.58 Disposing of Property, of the Local Government Act 1995, for a period not less than two (2) weeks The Closure of roads will be in accordance with the Land Administration Act 1997 and is to be advertised for a period of 35 days. Councillor/Officer Consultation Comments were sought from the City’s Development Services and Engineering Services Departments who have no concerns with this proposal. The Department of Planning and MRWA have been notified and have no objections. The Department of Regional Development and Lands/State Land Services have also been consulted on this proposal and if the resolution is supported by council the closed road will be amalgamated under section 87 of the Lands Administration Act 1997.


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Economic, Social, Environmental and Heritage Issues Social The use of the proposed car parking will encourage customers to the business sector and assist in meeting the increase in demand by the public/shoppers that frequent the area. Environmental The applicant is required to comply with all acts, statutes, ordinances, orders, local laws and regulations associated with the development works. Economic and Heritage There is no Economic or Heritage Issues associated with this report. Delegation of Authority The Chief Executive Officer does not have delegated authority for the road closure or disposal of this portion of land. Relevant Precedents Council has previously approved disposal of road reserves.


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20.3 Withers Community Renewal Action Plan

File Ref: A05460 Applicant/Proponent: Internal Report Author: Bob Karaszkewych, Director Planning and Development

Services Executive: Bob Karaszkewych, Director Planning and Development

Services Stephanie Addison-Brown, Director Community and Customer Services

Attachments: Confidential Report DCCS-3 A confidential report and recommendation has been circulated to members under separate cover (Confidential Report DCCS-3).

21. Close of Meeting

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