bunbury city council notice of meeting and agenda 9 ... and minutes...modifications of special...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

Bunbury City Council Notice of Meeting and Agenda 9 August 2016

http://mydocs/sites/cp/Templates/Council%20Agendas%20and%20Minutes%20Templates/www.bunbury.wa.gov.au

Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 5

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

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

4. Attendance ............................................................................................................................................. 6

4.1 Apologies ............................................................................................................................... 6 4.2 Approved Leave of Absence .................................................................................................. 6

5. Declaration of Interest ............................................................................................................................ 7

6. Public Question Time .............................................................................................................................. 7

6.1 Public Question Time ............................................................................................................. 7 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 7

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

7.1 Minutes .................................................................................................................................. 8 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 8 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............... 8 7.1.3 Minutes – Special Council Meetingto Adopt the Budget 2016/17 ........................ 8

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

8.1 Petitions ................................................................................................................................. 9 8.2 Presentations ......................................................................................................................... 9 8.3 Deputations ........................................................................................................................... 9 8.4 Council Delegates’ Reports .................................................................................................... 9 8.5 Conference Delegates’ Reports ............................................................................................. 9

9. Method of Dealing with Agenda Business .............................................................................................. 9

10. Reports .................................................................................................................................................. 10

10.1 Recommendations from Advisory Committees ................................................................... 10 10.2 Chief Executive Officer Reports ........................................................................................... 11

10.2.1 Elected Member Discretionary Funds - Final Quarter 2015/16 .......................... 11 10.2.2 Electricity Supply – Various Buildings .................................................................. 13 10.2.3 Preliminary Financial Management Report for the Period Ending 30 June

2016 ............................................................................................................. 16 10.2.4 Waste Local Law 2016 ......................................................................................... 27 10.2.5 Due Diligence – Proposed New Depot Site .......................................................... 29

10.3 Director Corporate and Community Services ...................................................................... 33 10.3.1 Department of Sport and Recreation CSRFF Application July 2016 .................... 33 10.3.2 Most Accessible Regional City in Australia – PhD Research Project Finding

and MARCIA Launch............................................................................................. 37 10.4 Director Planning, Development and Regulatory Services Reports .................................... 40

10.4.1 Proposed ‘Pole Sign’ at Lot 410 #52A-52B Forrest Avenue, South Bunbury ....... 40

Table of Contents

Item No Subject Page

10.4.2 Final Approval of Scheme Amendment 87 – ‘Special Use Zone No. 49’ Modifications of Special Use(s) – Part Lot 107 (North) Strickland Street, South Bunbury ..................................................................................................... 44

10.5 Director Works and Services Reports .................................................................................. 48

11. Applications for Leave of Absence ........................................................................................................ 49

12. Motions on Notice ................................................................................................................................ 49

13. Questions on Notice ............................................................................................................................. 49

13.1 Response to Previous Questions from Members taken on Notice...................................... 49 13.2 Questions from Members .................................................................................................... 49

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 49

15. Meeting Closed to Public ...................................................................................................................... 50

15.1 Matters for which the Meeting may be Closed ................................................................... 50 15.1.1 Waste Management Options ..................................................................................... 50

15.2 Public Reading of Resolutions that may be made Public ..................................................... 50

16. Closure .................................................................................................................................................. 50

9 August 2016 Agenda – Council Meeting

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

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

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

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

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

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


Bunbury City Council Notice of Meeting

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, 9 August 2016 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 4 August 2016)

Agenda 9 August 2016

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

Council Members: Mayor Gary Brennan Deputy Mayor Brendan Kelly Councillor Wendy Giles Councillor James Hayward Councillor Judy Jones Councillor Jaysen Miguel Councillor Michelle Steck Councillor Karen Steele Councillor Sam Morris Councillor Betty McCleary Councillor Monique Warnock Councillor Joel McGuinness Councillor Murray Cook

1. Declaration of Opening / Announcements of Visitors


2. Disclaimer All persons present are advised that the proceedings of this meeting will be recorded for record keeping purposes and to ensure accuracy in the minute taking process, and will also be streamed live via the internet to the public.

3. Announcements from the Presiding Member

4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence Cr McGuinness is on approved leave of absence from all Council-related business from 26 July to 16 August 2016 inclusive. Cr Cook is on approved leave of absence from all Council-related business from 6 August to 13 August 2016 inclusive.


5. Declaration of Interest

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

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

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.”

6. Public Question Time

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

6.1 Public Question Time

6.2 Responses to Public Questions Taken ‘On Notice’ Nil


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the Bunbury City Council held 26 July 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 26 July 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Nil

7.1.3 Minutes – Special Council Meetingto Adopt the Budget 2016/17 The minutes of the Special Council Meeting to Adopt the Budget 2016/17 held 27 July 2016 have been circulated. Recommendation The minutes of the Special Council Meeting to Adopt the Budget 2016/17 held 27 July 2016 be confirmed as a true and accurate record.


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, upon receiving a petition, the Council is to a) Receive the petition and refer to the relevant officer for a report to be submitted within

the next two (2) rounds of Council meetings; or b) Reject the petition

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports

8.5 Conference Delegates’ Reports

9. Method of Dealing with Agenda Business


10. Reports

10.1 Recommendations from Advisory Committees

Nil


10.2 Chief Executive Officer Reports 10.2.1 Elected Member Discretionary Funds - Final Quarter 2015/16

Applicant/Proponent: Internal Report

Author: Katie Merwood, Executive Assistant to the Mayor

Executive: Andrew Brien, Chief Executive Officer

Attachments: Nil

Summary This report provides a summary of Elected Member Discretionary Fund expenditure for the last quarter of the 2015/16 financial year. As Council has previously revoked its policy in this regard, this will be the final report summarising Elected Member Discretionary Fund expenditure, until such time as these funds may be reinstated. Executive Recommendation That Council receives the report for the period 1 April 2016 to 30 June 2016 relating to Elected Member Discretionary Fund expenditure. Strategic Relevance Key Priority Area 5: Corporate Objective 5.3: Ensure financial sustainability Background At the Council meeting held 18 March 2014, Council adopted a Policy relating to Elected Member Discretionary Funds. The policy requires officers to provide quarterly reports to Council outlining the relevant details of expenditure as follows: i) The name of the community group; ii) The purpose for which the funds were delivered; and iii) The amount of funds provided Although the policy has since been revoked, this report summarises Elected Member Discretionary Fund expenditure for the last quarter of the 2015/16 financial year. Council Policy Compliance Council’s policy in this regard has been revoked. Legislative Compliance There is no legislative compliance applicable to this matter


Officer Comments The following table outlines the Elected Member Discretionary Fund payments made for the period 1 April 2016 to 30 June 2016:

Councillor Recipient Purpose Value

Cr Giles SW Women’s Health & Information Centre

to assist with their sponsorship of the Bunbury Women's Fun Run.

$1456.20

Cr Steck Andrew Lanigan To assist with costs associated with sport

$1000.00

Cr Steele Newton Moore Girls Academy

To support the Newton Moore Girls Academy

$1000.00

Cr Miguel Festival Brass Band To assist with the purchase of music $500.00

Cr Hayward Bunbury Rowing club To assist with Beach Erosion Design Funding

$500.00

Cr Hayward Des Ugle Park Christmas Concert & Family Day

Donation for the Christmas Concert and Family Day

$500.00

Cr Hayward Withers Progress Association

To assist with Public Liability Insurance $2000.00

Cr Hayward Young Driver Development Program

Road signage project $250.00

Cr Hayward Withers Progress Association

Public Liability Insurance $500.00

Cr Morris Bunbury Eisteddfod To assist with funding for event. $4750.00

Cr McGuinness West Australian Performing Arts

To support organisation in Delivery of Services

$1000.00

Cr McGuinness Uniting Care West To assist with the running of the Bunbury Pride Event

$507.00

Cr McGuinness Bunbury Dolphin Discovery Centre

Replacement of Boat $500.00

Cr McGuinness Bunbury Regional Entertainment Centre

Project Funding $1000.00

Analysis of Financial and Budget Implications The total amount spent for the 2015/16 financial year was $63,268, against a budgeted amount of $75,000. Community Consultation There is no community consultation required for this matter.


10.2.2 Electricity Supply – Various Buildings

Applicant/Proponent: City of Bunbury

Responsible Officer: David Russell, Senior Contracts and Procurement Officer


Attachments: Confidential Appendix CRUSC-1: Evaluation Report

Summary Quotations were sought through the WALGA preferred supply contract for electricity for eleven Council owned buildings. Council is requested to appoint the preferred Tenderer as the contractor. Executive Recommendation That Council: 1. Accept Synergy as the recommended tenderer for a two year period for the eleven bundled

sites, equating to $755,321 per annum excluding GST based on current usage. 2. Authorise the Chief Executive Officer to enter into a contract with Synergy for electricity

supply to the eleven contestable energy sites. Strategic Relevance Key Priority Area 5: Corporate Objective 5.3: Ensure financial sustainability Background The City of Bunbury requested quotation submissions for the supply of electricity from the Western Power grid to eleven (11) sites within the City of Bunbury as follows: 1. BRAG - Wittenoom Street 2. Library - 2 Parkfield Street 3. Hay Park - Washington Avenue 4. Depot - Little Street 5. Airport - Location 27686 North Boyanup Road 6. COB Admin Building - 4 Stephen Street 7. Bussell Highway 8. BREC - Lot 3, Blair Street 9. Visitors Centre - Lot 5, Carmody Place 10. SWSC - Rotary Drive 11. Bunbury Wildlife Park - Jarvis Street

The above list is the “contestable sites” that use in excess of 50,000 kw/hrs per annum which can be negotiated on price. Respondents were advised that the City may consider contracting each site individually, in multiples, or as a total bundle of eleven (11) sites. The previous time this service was procured there were nine sites. The increase to eleven sites is due to the following;


(a) South West Sports Centre contract expiry being brought in line with the other contestable

sites to increase procurement power. (b) The Bunbury Wildlife Park is now a “contestable” site as the usage has increased to over

50,000kw/hr per annum since the capital expansion of the café. The quotation was advertised on the WALGA preferred supplier E-Quote portal for a period of two weeks and closed on Monday 11 July 2016. A total of eight suppliers viewed the procurement (all suppliers available) and at closing, three responses were received from: 1. Synergy 2. Alinta Energy 3. Perth Energy Evaluation was undertaken by the Senior Contracts and Procurement Officer. There was no requirement for a panel to evaluate the quotations as price and contractual risk were the only criteria considered. The tenders were evaluated using the following criteria: Compliance Criteria – Yes/No answers Qualitative Criteria weighting: Price 100% Evaluation of the quotation prices (and ranking) has been assessed but as they are “commercial in confidence” details are listed in a Confidential Report attached as Confidential Appendix CRUSC-1. Council Policy Compliance Tendering for goods and services is conducted in accordance with: - Purchasing Local Preferences Policy - Purchasing (Excluding Tenders) - Access and Inclusion Policy Legislative Compliance Advertising and processing of tenders was conducted in accordance with: - Local Government (Functions and General) Regulations 1996, Part 4 Tender for Providing

Good or Services - Local Government Act 1995 The cost of this procurement exceeds the Chief Executive Officer’s level of authority and so has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 – Tenders for Providing Goods or Services)


Officer Comments The procurement of this service has been conducted through the most competitive process available to achieve the most competitive price and contractual conditions. Analysis of Financial and Budget Implications The supply of electricity is funded through various general ledger operational accounts due to its recurring nature. The 2% electricity increase over the eleven quoted sites (based on current usage) has been included in the 2016/17 budget. Community Consultation Not applicable Councillor/Officer Consultation The procurement of electricity is discussed internally to ensure that the best method of procurement is conducted along with reduction in contractual risk to clearly ensure that take or pay provisions are addressed.


10.2.3 Preliminary Financial Management Report for the Period Ending 30 June 2016


Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix CEO-1: Statement of Comprehensive Income Appendix CEO-2: Statement of Financial Activity Appendix CEO-3: Statement of Net Current Assets Appendix CEO-4: Statement of Financial Position Appendix CEO-5: Capital Works Expenditure Summary Appendix CEO-6: Operating Project Expenditure Summary

Summary Note that this is a preliminary report to 30 June 2016 and is subject to change as end-of-year figures have not been finalised including transfers to and from reserves, employee provisions, restricted cash, final calculation of depreciation and asset revaluation. Council will receive a final report after the annual audit due to commence 5 September 2016. The following comments are provided on the key elements of Council’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix CEO-1)

Actual Financial Performance to 30 June 2016 - Actual income of $53.60M is $1.32M greater than the year-to-date budgeted

income of $52.28M. - Actual expenditure of $53.39M is $5.04M less than the year-to-date budgeted

expenditure of $58.43M (refer explanation within the report). - Actual operating surplus of $203K is $6.35M more than the year-to-date budgeted

operating deficit of $6.15M.

2. Statement of Financial Position (attached at Appendix CEO-4)

Council’s year-to-date and forecast balances are as follows: Year-to-date Forecast * Current Assets of $41.73M includes:

- Cash and Investments $39.02M $38.53M - Rates $0.81M $0.71M - Other Current Assets $1.90M $1.72M

* Current Liabilities of $10.19M includes:

- Trade and Other Payables $4.49M $3.69M - Annual Leave and LSL Provisions $3.47M $3.51M

* Working Capital

(Current Assets less Current Liabilities) $31.54M $31.38M * Equity

(Total Assets less Total Liabilities) $557.56M $557.56M


3. Statement of Financial Activity (attached at Appendix CEO-2) - Closing Funding Surplus to 30 June 2016 is forecast at $2,152,373, which is

$1,620,493 more than the Current Budget Closing Funding Surplus of $531,880. Note that the forecast closing funds of $2,152,373 includes $1,415,610 of operating and capital projects carried forward to 2016/17 Budget. Forecast closing funds net of carried forward projects is $736,763.

4. Capital Works (attached at Appendix CEO-5)

- Actual capital works of $12.78M (which excludes $3.59M of committed expenditure) is $4.39M less than the year-to-date budgeted capital works of $17.17M, (refer explanation within report).

5. Operating Project Expenditure (attached at Appendix CEO-6)

- Actual operating project expenditure of $3.78M (which excludes $48K of committed expenditure) is $1.69M less than the year-to-date budgeted operating project expenditure of $5.47M, (refer explanation within report).

Executive Recommendation The Preliminary Financial Management Report for the period ending 30 June 2016 be received. Strategic Relevance Key Priority Area 5: Corporate Objective 5.3: Ensure financial sustainability Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix CEO-1) - Statement of Financial Activity (attached at Appendix CEO-2) - Statement of Net Current Assets (attached at Appendix CEO-3) - Statement of Financial Position (attached at Appendix CEO-4) - Capital Works Expenditure Summary (attached at Appendix CEO-5) - Operating Projects Summary (attached at Appendix CEO-6) These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance 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 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix CEO-2) reporting on


the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 30 July 2015, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2015/16. Officer Comments The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


The following is an explanation of significant Operating and Capital variances identified in the Statement of Comprehensive Income and Statement of Financial Activity:

Statement of Comprehensive Income YTD Actual to Budget Variance

Operating Income

Rates Interim Rates Income - Higher than anticipated interim rates of $36,741 have been raised on property improvements.

$37,760 0.11%

Contributions, Reimbursements and Donations Reimbursement Income – Favourable budget variance of $313,499 mainly due to additional reimbursements received for workers compensation of $103K, an additional $134K of insurance reimbursements, an additional $31.5K of parking legal reimbursements, an additional $22K in recoupable utilities, and $11K of returned Council grant funds from the prior year event funding round.

$339,254 31%

Fees and Charges Fine and Penalty Fee Income – Variance of $96,025 mainly due to higher than anticipated fines and penalties from Parking ($65K, to be transferred to reserve), Dog Act ($25K) and Compliance issues ($17K). This additional income has been offset by an unfavourable variance of $9.3K in lower than anticipated local law and bushfire infringements being issued. Sports Facility Fee Income – Favourable budget variance of $234,361 mainly due to higher than anticipated membership fees at the SWSC ($175K), additional admission fees ($33K) and higher than anticipated Basketball fees ($26K). Miscellaneous Fee and Charge Income – Favourable budget variance of $184,554 mainly due to higher than expected SWSC café sales of $50K, additional meat inspection fees of $37K (transferred to reserve), an additional $22K of health fees and charges, an additional $30K of income from an increased number of functions at the SWSC and Bunbury Wildlife Park.

$650,252 5%

Interest Received Cash and Investment Interest Income – Favourable budget variance of $244,164 due to higher amount of funds invested.

Rates Debtor Interest Income – Favourable budget variance of $39,033 due to additional non-payment rates penalty income.

$283,197 30%

Operating Expenditure

Employee Costs Salary Expenses – Favourable budget variance of $1,237,790. Savings have resulted from vacancies throughout the organisation along with the adoption of the EBA with a lower than anticipated annual

$1,732,785 7%


increase. Salary Accruals Expenses – Favourable budget variance of $331,658 mainly due to the long service leave provision adjustment being $287K below budget due to vacancies within the organisation and a $47K credit from the annual leave provision due to employees taking annual leave that is due and also clearing outstanding annual leave entitlements. Other Employee Related Expenditure – Favourable budget variance of $163,336 mainly due to $92K savings in superannuation contributions due to vacancies, $56K favourable variance in workers compensation insurance, $10K favourable variance in uniforms and a $5K favourable variance in FBT payable.

Materials and Contracts Material Expenses – Favourable budget variance of $658,574, mainly due to savings in the following areas:

General material expenditure - $531K (includes maintain horticultural areas $121K, removal of debris from drainage pits $62K, maintain turf surfaces $58.7K, operate and maintain parking meters $51.7K, maintain landscape structures $31.7K, maintain irrigation and reticulation systems $28K, maintain community buildings $26K, Install and replace street signs $17.4K, maintain sealed roads $15.7K, coordinate environmental managements $15.7K, replenish beach sand $13K, maintain library buildings $12K, maintain personal computers $11K, prepare engineering concepts $10K)

Office Printing and Supplies - $34K

Vehicle Expenses - $16K (including parts and tyres)

Telephone Expenses - $30K (fixed and mobile services) Fuel Expenses – Favourable budget variance of $197,521 mainly due to a reduction in the City’s vehicle fleet as well as favourable fuel prices over the last 12 months. Contract Employment – Favourable budget variance of $61,326 mainly due to the reduced requirement of contract employment within the City. Consultants Expense – Unfavourable budget variance of $231,943 mainly due to the reallocation of budgeted expenditure from capital to operating for PR-4168 Prepare detailed concept to improve the Leschenault Inlet of $375K. This is offset by favourable variances due to savings in PR-2479 Deliver Natural Disaster Resilience Program - $71K and the carry forward of the following projects: PR-1578 Develop and implement a public health plan - $25K PR-3882 Upgrade Trim Electronic Document management system -

$21K PR-3897 Community capacity building Water-wise Kitchen Garden -

$1,978,111 13%


$20K

Contractors Expense – Favourable budget variance of $913,096 mainly due to:

Projects due to be carried forward to 2016/17 ($412K): PR-1194 Install traffic control signals at Sandridge and Pennant Roads

- $156K PR-3996 Upgrade Adam Road Primary School carpark - $215K PR-3833 Revalue building assets and freehold land parcels 2015/16 -

$41K Completed projects with balance of unspent expenditure transferred to Reserve ($64K):

PR-3075 Develop and implements environmental projects 14/15 - $56K

PR-3076 Develop and implements environmental projects 15/16 - $8K

Base Operating with savings identified ($459K): Maintain sports grounds - $167K Maintain horticultural areas - $164K Maintain other community buildings - $71K Collect household organic waste - $57K Software Licence or Maintenance Expenses – Favourable budget variance of $329,759 mainly due to savings identified in annual software licencing ($220K), software support ($62K) and software modification expenditure ($49K). Equipment Lease or Hire Expenses – Favourable budget variance of $50,938 mainly due to the following savings: Land Lease – $34K; The City was not required to pay the crown lease during the time as the City received no rent for Lot 757 Ocean Drive. Office Lease Expenses - $5.8K Corporate Plant Lease – $5K SWSC Equipment Lease - $4.5K

Utilities Water Expenses – An unfavourable budget variance of $144,306 due to higher than anticipated usage combined with a 19% increase in water consumption charges in the 2015/16 financial year. Abnormal consumption charges are currently being investigated. The unfavourable variance in water has been offset by a favourable budget variance in Electricity ($151K), Gas ($75K) and Sewerage ($9K).

$90,444 3%

Other Expenses Contributions, Donations and Sponsorship Expenditure – Favourable budget variance of $1,068,119 mainly from:

$1,215,738 35%


Projects due to be carried forward to 2016/17 ($1.02M): PR-3877 Management of funds for the Bunbury Marine Facilities -

$919K PR-3808 Provide funding for an “Events Grant” funding round -

$72.5K PR-4131 Provide financial contribution to the Bunbury Hotel

Investment analysis - $20K PR-3883 Deliver South West Sports Hall of Fame Project - $5K

Projects completed with savings ($56K): PR-2448 Contribute to research to address identified regional issues

as a member of the Regional Cities Alliance 2015/16 - $18K Bunbury Wellington Group of Councils contribution - $17K PR-3861 Provide funding for a “Community Grants” funding round -

$8K PR-3766 Provide funding for an “Arts and Culture” funding round -

$8K PR-3905 Support Bunbury Rowing Clubs CSRFF application - $5K Offset by additional expenditure: PR-4150 Contribution for business disruption to the Dolphin

Discovery Centre - $50K (100% grant funded) Elected Member Expenses – Favourable budget variance of $77,205

mainly due to savings in elected member training ($65K) and discretionary funds not utilised ($12K).

Miscellaneous Expenses – Favourable budget variance of $75,870

mainly due to savings in staff training of $103K offset by unfavourable variances in refunds for planning and crossover applications, etc ($19.5K) and memberships and subscriptions ($8.5K).

Non-Operating Income and Expenditure

Grants and Contributions for the Development of Assets Capital Grant Subsidy and Contribution Income – Favourable budget variance of $11,298,251 is mainly due to new grant funds received for PR-4145 Expand and upgrade Koombana Bay Foreshore $12.58M.

Offset by: PR-2366 Contribute to the purchase of a waste transfer station -

$700K (project carried forward to 2016/17) PR-1195 Construct a roundabout at intersection of Jeffery Rd and

Vittoria Rd - $317K (project under budget) PR-3876 Construct Kiss and Drop Zone (Jeffery Rd) - $35K (project

under budget)

$11,298,251 173%

Proceeds from Disposal of Assets Proceeds from Land Disposal - Unfavourable variance of $3,942,460 due to the following land sales not occurring during the 2015/16 financial year:

$3,881,383 87%


Statement of Financial Activity YTD Actual to

Budget Variance

Operating Revenues

See explanation above included in the Statement of Comprehensive Income variances.

$1,277,781 7%

Operating Expenses

See explanation above included in the Statement of Comprehensive Income variances.

$5,033,118 8.6%

Capital Revenues

Grants and Contributions for the Development of Assets See explanation above included in the Statement of Comprehensive Income variances – Grants and Contributions to the Development of Assets ($11.3M) Proceeds on Disposal of Assets See explanation above included in the Statement of Comprehensive Income variances – Proceeds from Disposal of Assets ($3.88M) Proceeds from New Debentures Reduction in loan borrowings of $644,462 due to savings identified on various projects.

($2,048,159) (23%)

PR-3881 Lot 66 Ocean Drive - $1.8M PR-3730 Lot 70 Winthrop Ave - $1.2M PR-3616 Lot 1028 Latreille Rd - $600K PR-3387 Lot 24 Fielder Street - $310K

These projects have been carried forward to the 2016/17 financial year budget. Proceeds from Plant and Vehicle Disposals – Favourable budget variance of $61,804 due to the review of the fleet resulting in a reduction of vehicles required.

Value of Assets Disposed Value of Land Disposed – Unfavourable budget variance of $660K due to land sales not occurring in 2015/16. These land sales have been carried forward to the 2016/17 budget. This is a non-cash expenditure item that records the profit and loss on the disposed assets. Value of Plant and Vehicles Disposed – This is a higher than anticipated value ($325K) due to the disposal of additional vehicles in-line with the fleet review. This is a non-cash expenditure item that records the profit and loss on the disposed assets.

$334,542 36%


Transfers to Restricted Cash Transfers to restricted cash of $8.82M are inclusive of unspent grants and reserves movements, including $11.53M of grant funds for Koombana Bay Foreshore.

Capital Expenses

Acquisition of Assets – The favourable variance is mainly due following projects: Carried Forward to 2016/17 ($2.61M): PR-2366 Contribute to purchase a regional waste site - $700K PR-2625 Widen formation and reconstruct embankment Koombana Drive - $638K

PR-3612 Design and construct Bunbury SES headquarters and incident control centre - $347K

PR-1190 Reconstruct Pennant Road - $121K PR-2481 Reconstruct and improve drainage in Spencer St, Bunbury - $169K

PR-3898 Construct heritage interpretation, Koombana Bay - $155K PR-2547 Replace and implement new Library Management System - $100K

PR-1298 Replace playground equipment 2015/16 - $99K PR-3387 Dispose of Lot 24 Fielder Street - $65K PR-3381 Dispose of Lot 66 Ocean Drive - $53K PR-1745 Upgrade Information Technology Disaster Recovery Hardware and Software - $41K

PR-3730 Dispose of Lot 70 Winthrop Avenue - $39K PR-2734 Undertake exhibition fit-out for Bunbury Museum and Centre - $31K

PR-4111 Install accessible ramp at Koombana Bay - $29K PR-4132 Construction of footpath on Naturaliste Avenue -$22K Completed projects with balance of unspent expenditure transferred to Reserve ($509K):

PR-2277 Replace corporate vehicles 2015/16 - $268K PR-3441 Withers Projects as per Withers Advisory Committee - $241K Completed projects with savings identified ($784K) : PR-1195 Construct a roundabout at intersection of Jeffrey Rd and Vittoria Road - $316K

PR-1021 Construct Hay Park South Multi-Sports Pavilion - $191K PR-1190 Reconstruct Pennant Road - $120K PR-3889 Withers Urban Renewal Strategy - Moriarty Park Native Planting - $66K

PR-2396 Renew, resleeve and improve drainage network 2015/16 - $56K

PR-3876 Construct Kiss and Drop Zone (Jeffrey Rd) and footpath connection to Vittoria Rd - $35K

Note that there is committed expenditure of $3.60M. Refer to Capital Expenditure report for project details.

$4,391,704 26%


Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2015/16 financial year. Community Consultation

There is no requirement for community consultation on this report. Councillor/Officer Consultation

Council’s Executive Leadership Team, Department Managers and Finance staff monitor the City’s monthly revenue and expenditure and (as required) refers any variances requiring remedial action to Council. Approved budget amendments are recorded in the financial statements to reflect Council’s current budget and financial position at all times.


10.2.4 Waste Local Law 2016

Applicant/Proponent: Internal

Responsible Officer: Aileen Clemens, Acting Manager Waste Greg Golinski, Manager Governance


Attachments: Appendix CEO-7: Proposed City of Bunbury Waste Local Law 2016

Summary The purpose of this report is for Council to consider the final adoption of the proposed City of Bunbury Waste Local Law 2016 (the Waste Local Law). Executive Recommendation That Council: 1. Notes that the Director General of the Department of Environment Regulation has

consented to the making of the City of Bunbury Waste Local Law 2016 as attached at Appendix CEO-7.

2. Approves the making of the City of Bunbury Waste Local Law 2016 as attached at Appendix

CEO-7. 3. Requests the Chief Executive Officer make the necessary arrangements for the gazettal of

the City of Bunbury Waste Local Law 2016 as well as all requisite statutory notifications. * Absolute Majority Required Strategic Relevance Key Priority Area 3: Natural and Built Environment Objective 3.5: Deliver sustainable waste management services Background The City of Bunbury currently uses the refuse provisions of the City’s Health Local Law to regulate its waste services, as per the transition arrangements in the Waste Avoidance and Resource Recovery Act 2007 (WARR Act). At its meeting held on 3 May 2016, Council made some minor amendments to the proposed Waste Local Law following a statutory consultation period, after which the proposed Law was provided to the Department of Environment Regulation for approval. The Director General of the Department of Environment Regulation (DER) provided his consent for the making of the proposed Waste Local Law (as attached at Appendix CEO-7) on 6 July 2016. Council is now requested to consider the making of the Waste Local Law as approved by DER.


Council Policy Compliance Not applicable. Legislative Compliance The proposed City of Bunbury Waste Local Law 2016 is based on the template local law developed by WALGA under section 64 of the Waste Avoidance and Resource Recovery Act 2007. Section 3.12 of the Local Government Act 1995 outlines the process for the creation of a new local law and is applicable. Officer Comments Following Council consideration of this matter, the Waste Local Law will be required to be gazetted, and will come into operation 14 days after it appears in the Government Gazette. The Law must also be provided to the Joint Standing Committee on Delegated Legislation (JSCDL) following gazettal for final veto. As the JSCDL was consulted in the drafting of the template used to develop the Waste Local Law, there is no expectation that the JSCDL may disallow any of the provisions contained with the Law. Analysis of Financial and Budget Implications There are no financial implications resulting from the recommendations in this report. Community Consultation The proposed Waste Local Law was advertised in state and local news publications between 27 January and 31 March 2016. One submission was received during the consultation period, which was considered by Council at its meeting held on 3 May 2016. Councillor/Officer Consultation This matter is presented to Council for consideration.


10.2.5 Due Diligence – Proposed New Depot Site


Responsible Officer: Andrew Brien, Chief Executive Officer


Attachments: Confidential Appendix CRUSC-3: Copy of offer and acceptance Confidential Appendix CRUSC-4: Due Diligence Report

Summary Addressing point one (1) of Council Decision 197/16, an offer to purchase the identified site was accepted subject to due diligence. This report provides Council advice that the due diligence process identified nothing that may prevent a proposed new depot going ahead. In respect to point two (2) of 197/16, the recommended steps and considerations to address the design process for the new depot are also detailed. Executive Recommendation That Council: 1. Notes the due diligence report. 2. Authorises the CEO to finalise the purchase of the identified site. 3. Authorises the CEO to progress concept drawings in-house to assist in the preparation of

documentation to enable the City to go to tender for the design and construction of the depot and associated site works.

Background At the meeting 14 June 2016 Council determined: Council Decision (197/16) states: That Council authorise the Chief Executive Officer to commence: 1. Negotiations of the purchase of the site identified in the confidential report subject to the

following: a) Maximum value as identified in the report b) appropriate due diligence undertaken. 2. Design process for the depot and associated infrastructure. 3. Process for a scheme amendment and structure plan for the current Nuytsia Avenue Site

and Stables Precinct along with necessary contaminated site investigations. 4. Process to dispose of the current waste site located at McCombe Road. On Wednesday 15 June following Council’s decision, an offer was made to purchase the identified lot subject to due diligence.


On 17 June following negotiations, an offer to purchase the land subject to due diligence was accepted by the owner/s. It is noted the proposed sale price is considerably less than the listed asking price. Copy of offer and acceptance is attached at CRUSC 3. Upon the offer being accepted the due diligence project team commenced the due diligence process and the report is attached at CRUSC-4. The project team and Executive met on Monday 25 July 2016 to review the report. It was found that the report identified nothing that may prevent the proposal going ahead. Council Policy Compliance Land Rationalisation and Acquisitions Legislative Compliance Legislative compliance under the Local Government Act 1995 only applies to the compulsory acquisition of land. Officer Comments In respect to point one (1) of Council decision 197/16, having completed due diligence nothing was identified that would prevent the proposal for a new depot proceeding. This being the case, if Council resolve to finalise the purchase at the ordinary meeting on 9 August 2016, the purchase is expected to settle on 31 August 2016. Relative to point two (2) of Council decision 197/16, the Executive advise that an internal project team is able to address and prepare the concept drawings required for Council to go to tender for detailed design. Upon completion of the Concept Design by Officers, it is proposed that the Chief Executive Officer will provide a subsequent report to Council that will provide further detail and advice in respect to costs for the proposed construction. There are two options for Council to consider prior to proceeding with the Design tender. Those being: OPTION 1. Tender for Design and upon completion of the Design go to tender for Construction

at a fixed price. This process is generally regarded as the best delivery model to use for routine, uncomplicated works of small-to-medium size and duration where:

- Timeframes are sufficient to comfortably complete the design and then follow up separately with the construction works.

- Construction innovation is not required as the design is settled and the scope well-defined.

- The project owner is willing to retain all of the design risk, as relevant to the construction component of the delivery model.

- Site conditions are well known.

- There is likely to be a large pool of tenderers and strong competition.

- The project owner wishes to retain overall control of the project during construction.

- There is need for a high degree of cost certainty at the time of award.


- There are appropriately skilled and experienced resources available to administer and manage the contract.

Advantages Disadvantages

Full control of project, including community and stakeholder interfaces

Price certainty relies on the accuracy and completeness of documentation

The design and construction stages can proceed at times convenient to project owner

A longer lead time may be required to progress design and documentation in advance of construction

Design issues can be resolved, innovation considered and that it meets requirements before procuring construction. Reduced risk.

There is a lack of a single point of accountability for project owners to deal with for both design and construction.

Straightforward process, lower cost of tendering and level of risk retention usually encourages a competitive field.

There is little or no opportunity for the contractor to have input into constructability of the design

Bids are generally less complex and costly to assess

The project owner retains the risk around design and constructability.

High degree of cost certainty Scope and requirements cannot be changed without formal variation.

Model is well known and understood by the industry and project owners

Lack of incentives for innovation during the construction stage

The level of project owner resources required to administer the contract may be high

OPTION 2 Design and construct to an estimated price. This model is best used when:

- There is need for a high degree of cost certainty at the time of award.

- The project requirements are well-defined at the time of going to tender and comprehensive design, quality and finishes standards are available.

- Alternative and innovative design solutions are desirable, but the project owner does not want to assume all of the design risk.

- There is a desire for the administrative efficiency of a single point of accountability and improved integration of the design with construction, along with improved constructability outcomes.

In addition to the above considerations, an expanded version of this model that includes a maintenance or operations component is best used when the project owner wants to achieve full integration of the design, construction and maintenance or operations and transfer the bulk of the maintenance and operating risks (along with the design and construction risks) under a single contract without the need for private financing that characterises the PPP-type delivery models.


Advantages Disadvantages

Construction may occur shortly after contract award

A longer tender period is required to enable preliminary designs

Potential for innovation in the preliminary design

The cost of tendering is generally higher, attracting a smaller pool of tenderers

Potentially fewer disputes and more effective management of design related issues

The designers primary duty is to the contractor not the project owner

High degree of price certainty for both design and construction when a lump sum arrangement is used

It may be difficult for the project owner to exert a significant level of control of the design process and changes maybe complex and expensive.

The contractor generally warrants the designs fitness for purpose

Possibility that contractors may tweak the design and quality to suit its price, which maybe disadvantageous.

Any uncertainty of project owners requirements may lead to claims and disputes

A higher price maybe paid due to uncertainties at the time of pricing tender and the level of risk transference to the contractor.

Analysis of Financial and Budget Implications Following a report to Council on 12 July 2016, funding has been included in the 2016/17 Budget for the purchase, due diligence and design. The Project is identified as PR 4152 -Acquisition of Depot Site. The funding was identified as per Council Decision 234/16 below:

That Council endorse the following funding for the purpose of depot acquisition (PR-4152): 1. Authorise the allocation of $1,080,000 from the Asset Management and Renewal Reserve

Account; 2 Authorise the allocation of $712,500 from the Depot Construction Reserve account; and 3. Authorise the allocation of $712,500 from the Refuse Collection and Waste Minimisation

Reserve Account. Community Consultation Not applicable Councillor/Officer Consultation The Executive and relevant officers including Manager Major Projects and Property; Manager Engineering and Civil Operations; Manager Sustainability and Integrated Land Use Planning; Acting Manager Environmental Health; Manager Information, Communications and Technology; Team Leader Building and Development Assessment Certification; Acting Senior Planning Officer; Environmental Officer; Development Engineer and Property Officer have all been involved and consulted through the due diligence process.


10.3 Director Corporate and Community Services 10.3.1 Department of Sport and Recreation CSRFF Application July 2016


Author: Gary Thompson, Sport and Recreation Liaison Officer

Executive: John Kowal, Director A/Director Corporate and Community Services

Attachments: Nil

Summary Council has received the following two (2) external Community Sport and Recreation Facility Funding (CSRFF) small grant applications for the July 2016 round of funding grants. 1. Koombana Bay Sailing Club (Sailing Club)

This application seeks a financial contribution of $50,000 (GST Ex) from Council for the Sailing Club to refurbish the male toilets and change room facilities within the Club’s building.

2. Bunbury Netball Association (Netball Association) This application seeks a financial contribution of $4,546 (GST Ex) from Council for the Netball Association to construct a secure storage shed which will be located adjacent to the Associations pavilion at Hay Park.

The Department of Sport and Recreation (DSR) requires a Council decision supporting the CSRFF application before it can be considered by DSR. The applicants must submit their applications to DSR by 31 August 2016. The table below identifies the cost (GST Ex) of the proposed projects including detail of the request for funding from Council:

Funding Source Koombana Bay Sailing Club Bunbury Netball Association

Council Contribution $50,000 $4,546

Applicants Cash $23,312 $6,576.08

Voluntary Labour $15,000 NIL

Donated Materials $10,000 NIL

Loans and Sponsorship NIL NIL

Other State or Federal Funding NIL NIL

CSRFF Grant Requested $50,000 $4,546

Development Bonus Requested NIL NIL

Total Cost of Project $148,312 $15,668.08


Executive Recommendation That Council: 1. Support the Koombana Bay Sailing Club CSRFF application; 2. Do not allocate $50,000 in the Council’s 2016/2017 budget as part funding for the CSRFF

application;

3. Support the Bunbury Netball Association CSRFF application;

4. Note that the Bunbury Netball Association has been allocated $4,546 through the

community grants round as a contribution for their CSRFF application. Background The DSR administers the CSRFF program for small, annual and forward planning grants. Applications for the current round (July 2016) are to be submitted to DSR’s South West Regional Office no later than 31 August 2016. Successful applicants are expected to be advised in November 2016. The CSRFF program operates on a reimbursement basis with grants paid to the grantee only. The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicants project and must be matched by the applicants own cash or in-kind contribution. Furthermore the balance of the final one-third of requisite funds required is to be sourced by the applicant. It is a requirement that applicants first discuss their proposal with the DSR Regional Manager to be able to receive the formal CSRFF application form. The DSR will also identify any shortcomings and offer assistance to bring an application up to an acceptable standard. The DSR requires the Council to provide its support (or otherwise) for projects. Council Policy Compliance There are no Council policies applicable to CSRFF applications. Legislative Compliance Not applicable. Officer Comments The Sailing Club is seeking funding to refurbish and upgrade their male toilets and changing room facilities (the facilities) as they do not meet current standards. The facilities at the Sailing Club currently has significant plumbing problems which will be rectified within the refurbishment and upgrade development work. The current door-ways into the male toilets and shower area are too narrow for a wheelchair to access and there is insufficient space for someone in a wheel chair to access these areas


comfortably. The Sailing Club, through the Rotary Sail Into Life Project, have a number of people with disabilities regularly accessing their facilities and as part of the upgrade and refurbishment to the male toilets and changing rooms, the Sailing Club would look to provide an adequate standard for people with disabilities to access their facilities. The Sailing Club were successful in 2013 in receiving CSRFF funding to upgrade their female toilets and changing rooms and the they see this proposed project of upgrading the male facilities as complementing the female toilets and changing rooms. The Sailing Club first submitted a CSRFF application in 2014 to upgrade the male toilets and changing room facilities but they were unsuccessful, with Council deciding at that time to support the project but not provide financial assistance. The Executive Recommendation to support the Sailing Club’s CSRFF application but not endorse the allocation of $50,000 is due to the funds not currently being contained in the 2016/2017 budget. The Netball Association is seeking funding to construct a storage shed adjacent to their pavilion at Hay Park because they currently do not have enough storage capacity to cater for the large amount of equipment that they have for their sport. The Netball Association currently stores their equipment in both their pavilion and in a secure trailer. The trailer is chained to their pavilion each week and they have to remove the trailer on game day so that that the trailer does not become a safety hazard. There has been numerous times that the trailer has been broken into and by constructing a secure storage shed should resolve a number of issues that the Netball Association currently experience in regards to storage. The Netball Association has received the requested funding through the latest round of the Community Grants program, therefore all the Association requires is Council in-principle support for the project. Should Council support the Sailing Club’s CSRFF application, the application could still be approved by DSR without the City of Bunbury’s financial contribution subject to the Club being required to provide the final one-third of the project cost. Analysis of Financial and Budget Implications The funding requests from the Sailing Club and the Netball Association are not contained in the Councils 2016/2017 budget. Community Consultation Previous consultation has been undertaken with all sport and recreation clubs and groups in Bunbury to advise them that they were to notify the City well in advance regarding any future CSRFF applications that may require Council funding support. This was to ensure that Council was aware of any potential CSRFF grant funding applications that may have been submitted which Council could consider as part of the budget process and deliberations.


Councillor/Officer Consultation Consultation has been undertaken with the Acting Director Corporate and Community Services, Manager of Sport and Recreation, Sport and Recreation Liaison Officer, Building Department, Planning Department, Engineering Department, Health Department and Community, Law and Safety Department.


10.3.2 Most Accessible Regional City in Australia – PhD Research Project Finding and MARCIA Launch

Applicant/Proponent: Cr Brendan Kelly

Responsible Officer: Sharon Chapman, Manager Community and Library Services

Executive: John Kowal, Acting Director Corporate and Community Services

Attachments: Nil

Summary In late June 2016, it was proposed that an event be arranged to launch the Most Accessible Regional City in Australia (MARCIA) program and present the findings of a 3 year PhD research project, which is support by the City of Bunbury and Edith Cowan University (ECU). The proposed event would provide a forum for two keynote speakers who have a sigificant amount of knowledge and experience in the area of disability access and inclusion. It is proposed that the MARCIA Launch event be held on 22 August 2016 at the Bunbury Regional Entertainment Centre (BREC). Councillor Kelly has received a several event support donations from the State Government and the community to the notional value of $10,000. Council support is sought for the event and provide expenditure within the 2016-2017 budget of $10,000 subject to matching income being received from event sponsors and donors. Executive Recommendation That Council: 1. Supports the proposed Most Accessible Regional City in Australia Launch event to be held in Bunbury on 22 August 2016; 2. Provides up to $10,000 within the 2016/2017 budget, subject to matching income being received from sponsors and donors. 3. Addresses any funding provided in the 2016 October Budget Review Strategic Relevance Key Priority Area 1: Community and Culture Objective 1.1: Establish Bunbury as the most accessible regional city in Australia by 2020 Background In early 2014 the Bunbury Community Access Committee (CAC) held a workshop to etsablish ways to engender a more inclusive and accepting community beyond simply improving physical access. This workshop was attended by community members, those working in the disability industry and CAC members. It was clear to the CAC that this project must reach beyond local government responsibilities and a list of priority areas was developed relating to disability access and inclusion.


At the formal CAC meeting held in June, a workshop report was tabled which reaffirmed these priority areas – namely improving physical access to public facilities and developing an inclusive culture in Bunbury. These included the following. - Access to Public Spaces. Examples: Wheelchair accessible buses, use of tactile surface

indicators, beach wheelchairs available. - Accessible Public Spaces. Examples: Number of ACROD bays, accessible toilets in CBD,

accessible Playgrounds, lifts in public buildings. - Access Technology (provision/presence of). Examples: Library software, hearing loops in

theatres, microphones available at sector meetings. - Access and Disability Aware Community. Examples: Active community access committee,

active council on upgrades, agencies promoting access. - Uniform Guidelines (development and implementation of). Examples: Awareness of council

officers (especially planning and engineering staff), openness of council to access committee advice.

- Inclusion Initiatives. Examples: Sports programs, arts programs, gopher recharge points, business initiatives.

The City of Bunbury then set a goal to become the Most Accessible Regional City in Australia (MARCIA). It was expected that Australian regional cities will build on the work they have already done with their Disability Access and Inclusion Plans (DAIP) and similar strategies. In June 2016, it was proposed that an event be arranged to deliver findings from a 3 year research project connected to MARCIA by PhD student Adam Johnson. Adam’s research investigates how people with disabilities can play an active role, together with local government, in researching and addressing barriers to access and inclusion. This research is supported via a partnership with ECU and the City of Bunbury. During this period, Councillor Brendan Kelly was also invited by Sotica Enabling Contributions to host a presentation by Professor Tim Stainton as part of the MARCIA project. It was confirmed that Professor Stainton was interested in being involved as a keynote speaker at the proposed MARCIA Launch event with a focus on ‘building inclusive communities’ and ‘citizenship’. Graeme Innes AO who was Australia’s Human Rights and Disability Discrimination Commissioner for almost a decade, as well as a lawyer and company director, was also interested in being involved with the proposed event also as one of the keynote speakers. Graeme Innes AO is visiting WA to promote his new book ‘Finding A Way’, that tells his story as a campaigner for human rights for nearly 30 years in WA and NSW. On 23 August 2016, Mr Innes will also be delivering an author presentation to the public at the City of Bunbury Library. Other presenters at the proposed event also include some local community members, who will, from their perspective, provide an overview on living in our community when identifying as having a disability. It is proposed to hold the event at BREC on 22 August between 9:30am and 3:30pm and at the moment the proposed event is supported by ECU, Enable WA, and the Disability Services Commission of WA. Council Policy Compliance Not applicable.


Legislative Compliance Not applicable. Officer Comments Preliminary work has been undertaken for the proposed event so far by Councillor Kelly, Adam Johnson, staff from the City of Bunbury and staff from ECU. This work has included investigating sponsorship support, donations, keynote speakers, event program, venue hire/catering, event flyers and invitations. Analysis of Financial and Budget Implications The proposed event has not been considered as part of the 2016/2017 budget deliberations as the proposal has only recently come to the City’s attention. To support the event, Council would need to approve expenditure of $10,000 within the 2016/2017 budget but only subject to matching income being received from sponsors and donors. Community Consultation No community consultation has been undertaken as this is a proposed event to be presented to the community. Councillor/Officer Consultation Councillor Brendan Kelly has been consulted regarding this event.


10.4 Director Planning, Development and Regulatory Services Reports 10.4.1 Proposed ‘Pole Sign’ at Lot 410 #52A-52B Forrest Avenue, South Bunbury

File Ref: P14539, DA/2016/152/1

Applicant/Proponent: Halsall & Associates

Responsible Officer: Anthony Pick, A/Senior Planning Officer

Executive: Stephanie Addison-Brown, A/Director Planning, Development and Regulatory Services

Attachments: Appendix DPDRS-1: Development Plans

Summary An application for development approval was submitted by Halsall & Associates acting on behalf of the landowner for an illuminated ‘Pole Sign’ in association with an office land use. The sign measures 3.0m in height and 1.5m wide, fixed to two vertical supports – see Appendix DPDRS-1. A ‘Pole Sign’ within the ‘Residential Zone’ is a type of sign that requires advertising under the Local Planning Policy: Signage and Advertisements. In response to the advertising process the City of Bunbury has received one objection. Therefore the matter is before Council for its determination. The proposed signage will identify and market the business whilst the design of the sign is compliant with the development standards of the LPP for a ‘Pole Sign’. Furthermore, it is considered that having regard to the future strategic intent for this section of Forrest Avenue as a mixed use corridor, the proposal would represent orderly and proper planning. Therefore, for the reasons outlined in this report, the application is recommended to be approved. Executive Recommendation That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant development approval for a ‘Pole Sign’ at Lot 410 #52A-52B Forrest Avenue South Bunbury in accordance with the City of Bunbury Town Planning Scheme No. 7, subject to the following conditions: 1. All development shall be in accordance with the approved development plans attached at

Appendix DPDRS-1, which form part of this development approval. 2. This development approval will expire if the approved development has not substantially

commenced within two (2) years from the date of issue of the approval, or within any extended period of time for which the City of Bunbury has granted prior written consent.

3. All works required to satisfy a condition of this approval are required to be

installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

4. The advertising device is to be located in accordance with the approved drawings and is not

to exceed the dimensions as indicated on the application without written approval from the City of Bunbury.


5. The advertising device shall be professionally made and kept clean and maintained, free of dilapidation at all times.

6. Illuminated signage shall not flash or pulsate and shall have a maximum luminance of

300cm/m2. The signage shall be switched off between 11.00pm and sunrise on the following day.

7. Lines of sight shall be maintained for both vehicles and pedestrians to the satisfaction of

the City of Bunbury. Advice Notes 1. This is a development approval and it is not a building permit. The development the

subject of this approval is also regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. The owner is advised to liaise further with the City of Bunbury’s Development Assessment and Building Certification department on (08) 9792 7000.

Strategic Relevance Key Priority Area No.3 Natural and Built Environment Objective 3.4 Facilitate urban design, diversity of land users, and enabling

infrastructure. Key Priority Area No.4 Regional Economy Objective 4.3 Promote Bunbury as a place that supports commercial, residential and

social development Background The subject site is zoned ‘Residential’ with a density coding of R60. To the north of the site is ‘Special Use Zone No. 40 – Motel’. Scheme Amendment 83, which was gazetted on 10 May 2015, added the additional use of ‘Office’ to be permitted on the lot. An additional use is a land use that is permitted on a specific portion of land in addition to the uses already permissible in that zone. Development approval (DA/2016/102/1) was then issued on 31 May 2016 for the change of use of the premises from ‘Single House’ to ‘Office’. Council, in supporting the scheme amendment, acknowledged that this section of Forrest Avenue bounded by Blair and Spencer Streets, is a transitional area between commercial and residential areas, which is steadily experiencing development change, with increasing demand for small scale commercial and mixed uses. The scheme amendment was also supported on the basis that the proposal was in keeping with the Council’s documented strategic intentions for this section of Forrest Avenue. The approved office use and future direction of the area is also a material consideration in assessing the acceptability of a ‘Pole Sign’ in this part of the ‘Residential Zone’.


Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - City of Bunbury Town Planning Scheme No.7 (TPS7); - Local Planning Policy: Signage and Advertisements. A ‘Pole Sign’ is identified in the Local Planning Policy: Signage and Advertisements as a type of signage that requires advertising. The application was advertised in accordance with Clause 64 of the Planning and Development (Local Planning Schemes) Regulation 2015. Officer Comments The proposal relates to an illuminated ‘Pole Sign’ measuring 3.0m in height, 1.5m in width and is proposed to be setback 1.5m from the lot boundary. In accordance with Table 6 of the Local Planning Policy: Signage and Advertisements, the following table sets out the standard design requirements for the assessment of a ‘Pole Sign’.

Signage type: Pole Sign Comment

Not more than one pole sign must be displayed per street frontage of a property.

Compliant

Subject to compliance with the maximum total sign face area as given in Clause 9.1 of this Local Planning Policy. The maximum sign face area is 2.4m² per face.

Not applicable within Residential Zone in the absence of designated ‘additional use’ such as for office use. Compliant

Has a maximum height of 5.0m above natural ground level.

Compliant

Must not be located less than 1.5m from the front property boundary (including the primary and secondary street frontages of a corner lot), and must not project beyond the alignment of any property boundary.

Compliant

Must not face adjoining premises unless the sign is a minimum of 3.0m from the property boundary of that premises, or unless the landowner of the adjoining premises consents to the site being a lesser distance from the boundary.

Compliant

Must not be located on a street frontage of a premises along which is located another pole sign, billboard sign, billboard sign – large, ground sign, pylon sign or pylon sign – large.

Compliant


Illumination The proposed sign will be appropriately conditioned to ensure that the sign does not flash or pulsate and shall have a maximum luminance of 300cm/m2 in accordance with the LPP. The signage shall be switched off between 11.00pm and sunrise on the following day. Advertising In accordance with Table 5 of the Local Planning Policy: Signage and Advertisements a ‘Pole Sign’ is classed as an ‘impact assessable’ category within the ‘Residential Zone’, which means the proposal is not permitted unless the local government has exercised its discretion and has granted planning approval after giving special notice in accordance with clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015. The City of Bunbury received one submission objecting to the proposal. The objection states that there is enough signage in the area and that it would cause further visual pollution in the street. The proposed sign has been assessed on its merits having regard to the character and amenity of the local area and the requirements of the Local Planning Policy: Signage and Advertisements. The proposal is compliant with the design requirements for a ‘Pole Sign’ and is considered to be consistent with the type and character of similar commercial signage in the locality. It is acknowledged that the site is located within the ‘Residential Zone’; however, there are a number of commercial businesses, including consulting rooms, along this part of Forrest Avenue. It is also recognised that the site has recently been subject to a scheme amendment to allow the additional use of ‘Office’, which recognised the future strategic direction for mixed use development along this section of Forrest Avenue as part of the wider Scheme Review. It is therefore considered the proposal is consistent with the objectives of the Local Planning Policy. Analysis of Financial and Budget Implications This application for planning approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. Community Consultation The development application was advertised for public comment from 22 June 2016 to 6 July 2016. Public consultation measures consisted of letters sent to surrounding landowners. The City of Bunbury received one submission which objected to the proposal on the following grounds: ‘Object on the basis that there is enough signage in the area. It would cause further eye pollution in the street’. Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit for professional advice and technical assessment prior to the finalisation of this report.


10.4.2 Final Approval of Scheme Amendment 87 – ‘Special Use Zone No. 49’ Modifications of Special

Use(s) – Part Lot 107 (North) Strickland Street, South Bunbury

Applicant/Proponent: Planning Solutions

Responsible Officer: Teshome Tadesse, Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development & Regulatory Services

Attachments: Appendix DPDRS-2: Schedule of Submissions Appendix DPDRS-3: Scheme Amendment 87 Report

Summary Council resolved to advertise Scheme Amendment 87 at its ordinary meeting held on 8 March 2016. The scheme amendment is for inclusion of the use class ‘Veterinary Centre’ as an ‘A’ use under ‘Special Use Zone No. 49’ to the City of Bunbury Town Planning Scheme No.7 (TPS7) and modifications of development provisions and standards as applicable. Public advertising and consultation of relevant services and authorities was conducted from 11 May to 24 June 2016, with no objections being received. This report has been prepared for Council’s consideration and final approval of Scheme Amendment 87 as required. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015, resolves to support without modification Scheme Amendment 87 to the City of Bunbury Town Planning Scheme No. 7 by modifying text in the table under Schedule 2 – Special Use Zone No. 49 within the ‘Special Use(s)’ and ‘Conditions’ columns in accordance with the scheme amending pages at attached Appendix DPDRS-3.

2. Notify the Western Australian Planning Commission of Council’s resolution. 3. Refer to the Western Australian Planning Commission the Scheme Amendment 87

documentation. 4. Informs submitters’ of Council’s resolution. Background Council, at its ordinary meeting of 8 March 2016, decided (66/16) the following regarding the proposed Scheme Amendment No. 87 to the City’s Town Planning Scheme No. 7: “That Council: 1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015 resolves to initiate and adopt for


the purpose of public advertising of the proposed Scheme Amendment 87 as a standard amendment to the City of Bunbury Town Planning Scheme No. 7 by modifying text in the table under Schedule 2 – Special Use Zone No. 49 within the ‘Special Use(s)’ and ‘Condition(s)’ columns in accordance with the scheme amending pages as part of the draft Scheme Amendment Report.

2. Determines that Scheme Amendment 87 is a standard scheme amendment under Clause

35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

(a) The amendment is broadly consistent with the adopted Local Planning Strategy for

Activity Centres and Neighbourhoods (2010); (b) Does not result in any significant environmental, social, economic or governance

impacts on land within the Scheme area; and (c) It is not a complex or basic amendment.

3. Refer a copy of the proposed Scheme Amendment 87 documentation to the Environmental

Protection Authority for review and comment. 4. Subject to formal assessment not being required by the Environmental Protection Authority,

proceed to advertise proposed Scheme Amendment 87 for public comment with a submission period of not less than 42 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

5. Following conclusion of public advertising, reconsiders Scheme Amendment 87, including any

proposed modifications, along with any submissions lodged with the City of Bunbury during the public consultation period.”

In line with Council’s decision above, the scheme amendment proposal was advertised in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 applicable to a ‘standard’ scheme amendment. Council Policy Compliance The scheme amendment as proposed is consistent with the Council’s adopted Local Planning Strategy for Activity Centres and Neighbourhoods (LPS-ACN), which identifies activity centres within the City of Bunbury. The Strategy specifically identifies the subject site as being located within the Strickland Street mixed business area. Legislative Compliance Proposals to amend a local planning scheme are required to be undertaken in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. In keeping with requirements of the relevant legislation, public advertising of Scheme Amendment 87 was conducted over a period of not less than 42 days, and this concluded at close of business on 24 June 2016. At the conclusion of the submission period, the City of Bunbury is required to consider any submissions received and must pass a resolution:


(a) to support the amendment without modification; or (b) to support the amendment with proposed modification; or (c) not to support the amendment. The resolution of Council together with the scheme amendment documentation and schedule of submissions is then referred to the WAPC for their consideration and recommendation to the Minister for Planning who makes the final decision prior to gazettal. Officer Comments The subject site is identified as Part Lot 107 #42 Strickland Street (north). As a result of the amalgamation of two lots, the subject site is now under split zoning of ‘Special Use No. 49’ (north) and ‘Mixed Business Zone’ (south). The use class ‘Veterinary Centre’ is not listed under ‘Special Use Zone No. 49’. On the other hand, this use class is an ‘A’ use in the ‘Mixed Business Zone’. The use class ‘Veterinary Centre’ needs to be included in the ‘Special Use No. 49’ to enable the use of the premises in accordance with the Scheme requirements. The site is bounded by residential development to the north, east and west. It also adjoins ‘Mixed Business Zone’ to the south. The veterinary activity will be conducted in conjunction with the ‘Pet Stock’ use on the premises. It is considered that it is a low impact activity that will not be detrimental to the surrounding residents. Scheme Amendment 87 proposes to include the use class ‘Veterinary Centre’ as an ‘A’ use in ‘Special Use No.49’ of the Scheme. The amendment facilitates the use of ‘Block G’ in the ‘Homemaker Centre’ for a ‘Pet Stock’ and the associated ‘Veterinary Centre’. Following the public consultation process, the City has recently granted a development approval for the use of the premises for the intended uses. Scheme Amendment 87 specifically proposes to modify text in the table under ‘Special Use Zone No. 49’ as follows: - Addition of the use class ‘Veterinary Centre’ as an ‘A’ use; - Deletion of Condition 1 requiring a Development Guide Plan – as the site is now fully

developed and the Development Guide Plan is redundant; - Modifications of Point 4 Condition 2 – to include reference to the parking policy; - Modifications of Point 1 of Condition 5 – rewording of the condition to accord with present

land title and development arrangements; and - Deletion of Points 3, 4, 5 and 6 of Conditions 5 – as these conditions are no longer relevant

since the amalgamation of titles and construction of the development site. Scheme Amendment 87 was advertised as required and no objections were received from the surrounding residents. It is considered that the inclusion of the use class ‘Veterinary Centre’ in ‘Special Use Zone No. 49’ facilitates the use of the site as envisaged, and will not impact on the surrounding residential development. The Scheme Amendment 87 report is attached at Appendix


DPDRS-3. Analysis of Financial and Budget Implications There are no associated financial or budgetary implications associated with the scheme amendment procedure other than the costs of public advertising, officer assessment and drafting and final gazettal. Community Consultation Public advertising occurred over the period 11 May to 24 June 2016 and involved: - notification letters to nearby landowners; - notification letters to relevant government agencies and service providers; - public notification signs on-site; - public notices published in a locally circulated local newspaper; - public notices posted on the City of Bunbury’s website. A total number of four submissions were received; three were from government agencies/service providers and one from the general public. No objections were received from either government agencies/service providers or the general public. Submitters’ comments and Officer responses are provided in the Schedule of Submissions that is attached at Appendix DPDRS-2. Councillor/Officer Consultation The proposed Scheme Amendment 87 was originally referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical input. The relevant City’s planning officers were involved prior to the finalisation of this report.


10.5 Director Works and Services Reports

Nil


11. Applications for Leave of Absence

No requests for Leave of Absence had been received at the time of printing.

12. Motions on Notice

No Motions on Notice had been received at the time of printing.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members

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


15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed 15.1.1 Waste Management Options


Author: Andrew Brien, Chief Executive Officer


Attachments: Confidential Appendix CRUSC-2: Waste Management Options Report

This report is confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal—

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government; and

A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-2). The report is not for circulation.

15.2 Public Reading of Resolutions that may be made Public

16. Closure

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