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 26 June 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, 26 June 2012 at 6.00pm. Wayne Wright Acting Chief Executive Officer (Date of Issue: 21/06/2012) Have a say in shaping your City’s future Visit yoursaybunbury.com.au
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Bunbury City Council Notice of Meeting and Agenda 26 June 2012 and Minutes/archives … · Councillor Sam Morris Councillor David Prosser Councillor Ross Slater Councillor Michelle
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Bunbury City Council Notice of Meeting and Agenda 26 June 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, 26 June 2012 at 6.00pm. Wayne Wright Acting Chief Executive Officer (Date of Issue: 21/06/2012) Have a say in shaping your City’s future Visit yoursaybunbury.com.au
Table of Contents
Item No Subject Page
1. ..................................1 Declaration of Opening by the Presiding Member
2. ......................1 Record of Attendance, Apologies and Leave of Absence
2.1 ...............................2 Request for Leave of Absence – Councillor Brendan Kelly
Apex Club of Bunbury/Koombana and Wood turners Association of WA- Joint Application to Lease Former Rathmines Scout Hall at Lot 1 (No. 57) Corner Thomas and Hislop Streets, East Bunbury.
12.2 ...27
Proposed Assignment of Deed of Lease, R H Rogers to Terence A Doe, Bunbury Airport Hangar No. 36, Lot 501 South Western Highway, Bunbury
12.3 ................................................................29 CBD Marketing Specified Area Rate
12.4 ...................................32
Hang Gliding Association of WA – Application for Licence to Utilise Portion of Ocean Drive Road Reserve for Take-Off/Landing Area
12.5 ...............................35 Financial Statements for the Period Ending 31 May 2012
13. .........................38 Director Planning and Development Services Reports
13.1 ........................38 Bunbury Environment and Sustainability Advisory Committee
Confidential Business as Stipulated under Section 5.23(2) of the Local Government Act 1995
20.1 ......................................64 State Library of Western Australia – Regional Model
20.2 67 Tender Supply and Delivery of Organics Collection Bins RFT 2011 2012-14
20.3 .................69
Proposed Licence Agreement - Citygate Properties Pty Ltd - Portion of Blair Street Road Reserve Adjacent Lot 107 Strickland Street, Bunbury
21. ..................................................................................72 Close of Meeting
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 26 June 2012
Page 1
Agenda 26 June 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 2. Record of Attendance, Apologies and Leave of Absence
Council Agenda 26 June 2012
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2.1 Request for Leave of Absence – Councillor Brendan Kelly
File Ref: A00215 Applicant/Proponent: Councillor Brendan Kelly Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Nil Summary/Background Councillor Kelly requests leave of absence from all Council-related business from 7 to 14 July 2012 inclusive. 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 Kelly is granted leave of absence from all Council-related business from 7 to 14 July 2012 inclusive.
Council Agenda 26 June 2012
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3. Responses to Public Questions Taken ‘On Notice’ at the Previous
Council Meeting
4. Public Question Time
In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement.
5. Questions on Notice from Council Members (No Discussion
Permitted 6. Confirmation of Previous Minutes
The minutes of the Council meeting held 22 May 2012 have been circulated. Executive Recommendation The minutes of the Council meeting held 22 May 2012 be confirmed as a true and accurate record.
Council Agenda 26 June 2012
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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 19 June the following Councillors disclosed the following interests: Cr Cook disclosed a impartiality interest in the items titled ‘Art Collection Management Committee – Journal Transfer’ and ‘Morrissey Homestead Access – Relocation of Dodson Road’ as he is a member of the Committee and the Morrissey Homestead Board of Management. He has elected to stay in the chambers and participate in the discussion and vote of these items. Cr Steck disclosed a financial interest in the item titled ‘Proposed Licence Agreement – Citygate Properties Pty Ltd – Portion of Blair Street Road Reserve Adjacent Lot 107 Strickland Street Bunbury’ as she has a personal relationship with the proponent. She has elected to leave the chambers and not participate in the discussion and vote on the matter. Cr Prosser disclosed a financial interest in the item titled ‘Proposed Licence Agreement – Citygate Properties Pty Ltd – Portion of Blair Street Road Reserve Adjacent Lot 107 Strickland Street Bunbury’ as he has a personal relationship with the proponent. He has elected to leave the chambers and not participate 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
File Ref: A04638 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Nil
Summary As part of the review of all Council committees, the Purpose and Terms of Reference for the Outer Harbour Taskforce have been amended to more accurately reflect the objective of the Taskforce. Executive Recommendation That Council adopt the following Purpose and Terms of Reference for the Outer Harbour Taskforce: 1. Purpose: The Outer Harbour taskforce is to identify opportunities for
redevelopment for the Outer Harbour and Koombana Bay by working with key agencies to explore funding opportunities and report back to Council on a regular basis;
2. Terms of Reference:
a) To work with key agencies and their representatives to explore opportunities for development including funding models for Outer Bunbury Harbour and Koombana Bay;
b) To report to Council on issues and progress towards developing the Outer Harbour and Koombana Bay areas;
3. That the composition of membership of the Committee remains as previously adopted.
Background At its meeting on 27 April 2010, Council resolved to approve the establishment of an Outer Harbour Taskforce for the purposes of fast-tracking negotiations for the development of a structure plan, development plan and funding to the area. At its meeting on 8 June 2010, Council adopted the Terms of Reference and identified membership requirements. Each time the Taskforce meets, a copy of the minutes are provided to Council as an item to be noted. As part of the Committee review taking place in 2012, the Purpose and Terms of Reference have been amended to better reflect the work of the Taskforce. The Councillor representation will be considered as part of the review of all positions.
Council Agenda 26 June 2012
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Officer Comments The Purpose and Terms of Reference have been amended to include an emphasis on funding opportunities being included as part of the identification of future development. Analysis of Financial and Budget Implications Nil Community Consultation Two community members will remain on the Taskforce, as per Council resolution 128/10 on the 3 August 2010.
Council Agenda 26 June 2012
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10.2 Adoption of Standing Orders Local Law 2012
File Ref: A00131-02 Applicant/Proponent: Internal Report Authors: Jack Dyson, Team Leader Corporate
Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix CEO-1
Summary The purpose of this report is for Council to consider the formal adoption of a new Standing Orders Local Law 2012, following the completion of a review process that has taken place over the past six months. Executive Recommendation That Council:
1. Pursuant to section 3.12(4) of the Local Government Act 1995, acknowledge the receipt of one (1) submission in relation to the proposed Standing Orders Local Law 2012, being from the Department of Local Government.
2. Adopts the Standing Orders Local Law 2012 as attached at Appendix CEO-1
3. Requests the Chief Executive Officer undertake all requisite statutory advertising in this regard.
Note: An Absolute Majority vote is required. Background At the Ordinary Council Meeting held on 29 November 2011, Council resolved inter alia (Decision 283/11) that an immediate review of the Standing Orders Local Law be commenced. Advertising in accordance with established process was undertaken, with state-wide public notice being given twice and local public notice given on four (4) occasions during the prescribed forty two (42) day period. No public submissions were received. At the Ordinary Council Meeting held on 28 February 2012, Council resolved that this matter lay on the table, and be taken to a future briefing session for further discussion (Decision 35/12). The matter was subsequently referred to the Information Briefing session held on 6 March 2012, and also the Policy Development, Strategic Planning and Major Project Briefing held on 13 March 2012. At the Ordinary Council Meeting held on 27 March 2012, Council resolved inter alia (Decision 77/12) to ”…give state-wide and local public notice of its proposal to adopt a Standing Orders Local Law 2012, inviting submissions from the public in accordance with Section 3.12 of the Local Government Act 1995”
Council Agenda 26 June 2012
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The proposed Standing Orders Local Law 2012 was duly advertised, with one formal submission received, being from the Department of Local Government. Council Policy Compliance There is no specific Council Policy applicable to this matter. Legislative Compliance Section 3.16 of the Local Government Act 1995 requires a local government to review its local laws every eight years. Section 3.12 of the Local Government Act 1995 stipulates the process a local government is required to undertake when making a new local law. The adoption of the Standing Orders Local Law 2012 as proposed will complete the process in accordance with all legislative requirements. Officer Comments The current Standing Orders Local Law 1999 has previously been considered for review, however Council at the time wished to defer the review pending the outcome of a proposed Western Australian Local Government Association (WALGA) draft model local law. Although WALGA have not actually developed a specific “Model Local Law”, they have provided advice to the effect that their “preferred” model is the City of South Perth Standing Orders Local Law 2007. Accordingly, the South Perth Standing Orders Local Law is now the model contained within the WALGA Local Law Manual. The proposed City of Bunbury Standing Orders Local Law 2012 is based on the South Perth model, and was the subject of much discussion and debate at the Information Briefing and Policy Development, Strategic Planning and Major Project Briefing held in March 2012. The amendments made as an outcome of this process resulted in the production of a final draft Local Law, which was presented to Council in March 2012, and subsequently submitted for advertising in accordance with section 3.12(3) of the Local Government Act 1995. Following the statutory advertising period, one (1) formal submission was received, being from the Department of Local Government. The submission suggested a number of immaterial typographical and formatting amendments, as well as some other minor amendments as summarised overleaf:
Affected Clause
Suggested Amendment Officer’s Comment
1.4(1)
Delete definition of “City” and replace any references to the term “City” with “Local Government”.
Reason: The Delegated Legislation Committee’s position is that “Local Government” is the correct terminology to be used in local laws, as that is the term used in the Local Government Act 1995.
Suggestion upheld, and amendments made accordingly.
Council Agenda 26 June 2012
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6.16
Replace the word “vocal” with “audio”, and add an additional subclause:
“If the Presiding Member gives permission under subclause(1), the Presiding Member is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission.”
Suggestion upheld, and amendments made accordingly.
Officers’ have also added two additional subclauses, which relate directly to the live streaming of Council meetings. These are discussed overleaf.
8.8
Delete subclauses (2) and (3).
Reason: The Delegated Legislation Committee has previously had issues with clauses similar in wording.
Suggestion upheld, and amendments made accordingly.
Research undertaken by Officers’ reveals that a recent Standing Orders Local Law proposed by the City of Albany required such clauses be removed.
8.15
Delete subclause (1).
Reason: The Delegated Legislation Committee has previously had issues with clauses similar in wording.
Suggestion dismissed on the basis that the Delegated Legislation Committee found no issue with an almost identical clause within the City of Albany Standing Orders Local Law.
9.5
Delete subclause (2)(a).
Reason: The Delegated Legislation Committee has previously had issues with clauses similar in wording.
Suggestion upheld, and amendments made accordingly.
20.1
Penalty for breach of Standing Orders to be reduced from $5,000 to $1,000.
Reason: The Delegated Legislation Committee has previously requested such a reduction be made.
Suggestion upheld, and amendments made accordingly.
Officers’ have incorporated the suggested changes in accordance with the commentary contained within the table above, and for the purpose of clarity, these have been either struck out or highlighted in red within the attached Standing Orders Local Law 2012. Furthermore, Officer’s have also added subclauses 6.16(1) and (2) as foreshadowed in the table above. These additions relate directly to having the ability to live stream Council meetings, and in particular to ensure that any person present at a Council meeting is aware of the fact that they are being recorded. It is suggested that similar wording also be included as part of a disclaimer at the front of each Council agenda. It is considered that the changes described above do not result in a Local Law that is “significantly different” to the one that was proposed on 27 March 2012, meaning that Council has the ability the adopt the proposed Standing Orders Local Law 2012 as
Council Agenda 26 June 2012
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attached at Appendix CEO-1 without having to recommence the local law making process under section 3.12 of the Local Government Act 1995. Analysis of Financial and Budget Implications All advertising costs can be met from funds with the 2011/12 budget. Community Consultation All requisite statutory advertising has been undertaken in this regard, including seeking submissions from the public. Councillor/Officer Consultation The Standing Orders Local Law was workshopped with Council at the Information Briefing session held on 6 March 2012 and the Policy Development, Strategic Planning and Major Project Briefing held on 13 March 2012.
Council Agenda 26 June 2012
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11. Director Community and Customer Services Reports 11.1 Art Gallery Feasibility Studies
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 The Council recently received presentations relating to two feasibility studies in regards to the possible development of a new Bunbury Regional Art Gallery on two different sites:
1. Foreshore Art Gallery conducted in 2012 (examining the possibility of constructing a new art gallery on the Leschenault Inlet Foreshore)
2. Bunbury Regional Art Galleries Extension conducted in 2010 (examining the site adjacent to the existing Galleries as a possible site to extend the current Galleries)
Council requested that following consideration of both reports, a way forward be recommended to Council at its meeting of June 2012. Both studies may also be examined in light of the fact the existing Bunbury Regional Art Galleries (BRAG) building is currently the focus of another feasibility study as it is one of two possible locations identified by the Museum Advisory Committee (a Committee of Council) to establish a Bunbury Local Museum. The Bunbury Regional Arts Management Board (BRAMB) examined both reports in detail and subsequently prepared a Position Paper which they provided to Councillors in June 2012. This Position Paper supports further consideration of the site adjacent to the current BRAG building as the most appropriate site. It is thus recommended that rather than moving forward on one proposal or the other as a final endorsed position, Council consider a commitment to developing a strategy to further develop the Galleries on the site adjacent to the current BRAG building and that Council requests BRAMB develop this strategy for presentation to Council within six months. Executive Recommendation 1. That Council commits to supporting a long term strategy for development of
the Bunbury Regional Art Galleries. 2. That Council no longer consider the Three Waters site as a possible site for a
new Bunbury Regional Art Gallery. 3. That Council no longer consider the Leschenault Inlet Foreshore as a
possible site for a new Bunbury Regional Art Gallery.
Council Agenda 26 June 2012
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4. That the City of Bunbury Executive Leadership Team work with BRAMB and the Art Collection Committee to further explore the possibility of developing the site identified in the 2010 Bunbury Regional Art Galleries Feasibility Study for a new Bunbury Regional Art Gallery and develop a detailed strategy (to include timeframes, a funding model etc) in this regard.
5. That the City of Bunbury Executive Leadership Team, BRAMB and the Art Collection Committee present a draft strategy for the future of the Bunbury Regional Art Galleries to Council within six months.
6. That the City of Bunbury considers the outcome of the Museum Feasibility Study and the recommendations by the Museum Advisory Committee and feedback from the community received during the Bunbury 2030 campaign before making a final decision.
Background In 2010, Council was presented with a Bunbury Regional Art Galleries Feasibility Study which examined the possibility of development of the site adjacent to the existing BRAG building for the purpose of extending and developing the current Galleries. Before making a decision on the outcome of this first Feasibility Study, Council decided to conduct a Foreshore Art Gallery Feasibility Study which examined the possibility of constructing a brand new Regional Art Gallery on the Leschenault Inlet Foreshore. A consultant’s report relating to the Foreshore Art Gallery proposal was presented to and considered by Council at its May 2012 meeting, during which Council made a decision to request that both studies be examined together and a way forward brought to Council by the Executive Leadership Team at the June 2012 meeting. The results of both Feasibility Studies were presented to Council by the relevant consultants during May and June 2012 to ensure Councillors understood the nature and detail relating to each proposal plus the associated capital and operating costs for each. BRAMB have also examined both reports in detail and, at the City’s request, have subsequently prepared a ‘Position Paper’ for Council to consider prior to its June 2012 meeting (attached). Concurrently, another Feasibility Study examining two sites for a potential Bunbury Local Museum has also been underway. One of the sites being examined as part of this study is the existing BRAG building. As such, there are clear interdependencies between the Art Gallery and Museum proposals and they should obviously be considered in context of each other. Officer Comments The Feasibility Study examining the proposal to construct and operate a Foreshore Art Gallery resulted in a range of significant concerns including: - Financial – capital and operating costs are out of reach for Council to fund. - Potential conflicting uses between the BREC and the new BRAG (i.e.
functions). - Unknown future State / AGWA funding (annual).
Council Agenda 26 June 2012
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- Unknown commercial capability of the BRAG to meet future revenue requirements.
- The existing building has limited options for re-use due to its customised layout, without further cost outlay.
- Community sensitivities from any foreshore development. - Land capabilities unknown – potential cost impacts. It is clear that without a large and ongoing contribution from other tiers of government to fund it, this proposal is unviable. The site adjacent to the current BRAG building demonstrated far more realistic operating costs and it is suggested that more detailed analysis be undertaken by the Executive Leadership Team, BRAMB and the Art Collection Committee to further evaluate this as the City’s preferred site. Council will need to secure funding from other tiers of government to fund a new Art Gallery as detailed in either Feasibility Study, however, it would be prudent for Council to pursue development of a strategy with realistic and sustainable outcomes before making such an approach. The Art Gallery of WA has also recommended that the City of Bunbury and BRAMB lobby the State Government for a regional arts funding policy through the Regional Cities Alliance and it is clear the Art Gallery of WA will not have funds to contribute to the Bunbury Regional Art Galleries over and above their current annual allocation (which has been indexed to CPI in recent years). Analysis of Financial and Budget Implications It is clear that Council cannot fund the capital and operating costs of a new Art Gallery by itself and that an approach will need to be made to the Federal and State Governments as well as the private sector for financial support. There is currently no allocation towards the development of a new Art Gallery in the draft 2012-2013 budget. Community Consultation Consultation was undertaken with community representatives on the relevant Advisory Committees during the Foreshore Art Gallery Feasibility Study and the Museum Feasibility Study. Additionally, the consultants undertaking the 2010 BRAG Feasibility Study conducted multiple surveys of members of BRAG and the wider public during their work. Councillor/Officer Consultation To date, Councillors have received presentations of both Art Gallery Feasibility Studies and have received BRAMB’s ‘Position Paper’ in which they are both discussed in June 2012.
Council Agenda 26 June 2012
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11.2 Bunbury Wildlife Park Committee (Formally the Big Swamp Wildlife Park
Committee) Revised Terms of Reference
File Ref: A00164 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 The Council recently voted to retain the Bunbury Wildlife Park Committee at its meeting held on 27 March 2012. One of the recommendations in that report included a review of the Committee’s current terms of reference and a report back to Council by June 2012 detailing any recommended changes. Discussions with various Elected Members and Bunbury Wildlife Park Committee members subsequently ensued and it was agreed by all who were consulted that the current terms of reference needed to be updated to reflect the Bunbury Wildlife Park’s priority focus on further development as a significant tourism attraction for Bunbury. Executive Recommendation 1. That Council endorse the revised terms of reference and Committee
composition as recommended by the current Bunbury Wildlife Park Committee.
2. That a new Bunbury Wildlife Park Committee is elected as soon as possible.
3. That existing Committee members are formally thanked for their contribution to the Bunbury Wildlife Park to date and are advised of the process should they wish to consider nominating as a Committee member into the future.
Background The Bunbury Wildlife Park Committee (previously the Big Swamp Wildlife Park Committee) has been in existence since 2001. The Park has existed for the Bunbury community and visitors to enjoy over 25 years until a recent rebrand cemented Council’s commitment to further developing it as a significant tourism attraction for Bunbury. The current terms of reference for the Bunbury Wildlife Park Committee are considered outdated and have been reviewed by the Committee at its meeting of 4 May 2012. The current terms of reference which are proposed to be replaced are as follows:
1. To refine and develop a clear proposal based on the broad working model defined within the initial ‘Future Directions’ facilitators report for an integrated environmental community education resource centre bringing the environment and the community together at the existing wildlife facility;
2. To work in partnership with a wide range of stakeholders including community, business and government to gain necessary financial and
Council Agenda 26 June 2012
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other support for the delivery of an integrated environmental community education resource centre;
3. Present an agreed model that is broadly accepted by the community, which has a clearly defined independent funding revenue;
4. To prepare a business plan and associated management and marketing documents for implementation of the preferred model
5. Facilitate the integration, development and marketing of the preferred model that will blend the existing wildlife component of the Park with the broader environmental initiatives being implemented within Bunbury and the southwest, with a strong focus on community involvement and ownership;
6. To liaise with existing ‘friends of’ groups and community groups to investigate specific issues and strategies in relation to the Big Swamp Steering Committee Terms of Reference.
It was felt by Committee members and Councillor representatives that these terms of reference are too operational, are no longer representative of the strategic/advisory focus the Committee ought to have and that they do not drive the priority focus for the Bunbury Wildlife Park which is to be a significant tourism attraction. The Bunbury Wildlife Park Committee discussed its future at its last meeting on 4 May 2012 and voted to present the following updated terms of reference to Council for endorsement. Proposed Terms of Reference and Committee Composition The proposed terms of reference as agreed by the existing Committee are as follows: 1. Provide advice and expertise to assist with the future growth of the Bunbury
Wildlife Park into a significant tourism attraction: a) A quality native animal interaction experience to the community and
visitors b) A café serving light refreshments to visitors to the Big Swamp precinct c) Quality merchandise and souvenirs
2. Provide feedback on strategic priorities for the future development of the Bunbury Wildlife Park.
The proposed Committee composition as agreed by the existing Committee is as follows:
Voting Members: 1. City of Bunbury Councillor 2. City of Bunbury Councillor 3. City of Bunbury Councillor 4. Director Community and Customer Services 5. Tourism Representative (not from a government body) 6. Community Representative 7. Community Representative 8. Community Representative 9. Community Representative 10. Community Representative Non Voting Members: 11. Manager Wildlife Park 12. SWDC Representative
Council Agenda 26 June 2012
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13. DEC Representative 14. Team Leader Tourism, Events and Marketing Meeting frequency is to be every two (2) months or more frequently if required. Members to be appointed based on their ability to contribute expertise to the future direction of the Park. Council Policy Compliance The Committee operates as a Committee of Council. Legislative Compliance The Bunbury Wildlife Park operates as a business unit of Council and as such, maintains appropriate licences, insurances and work procedures. The existence of the Bunbury Wildlife Park Committee is not a legislative requirement and the Committee simply provides advice for Council to consider when making decisions relating to the development of the Bunbury Wildlife Park as a significant tourism attraction. Officer Comments The new focus and format of the Committee has been proposed to ensure that the Committee can add strategic value to the new direction of the Bunbury Wildlife Park. Analysis of Financial and Budget Implications The Bunbury Wildlife Park Committee does have operational or budgetary responsibilities. Rather, the purpose of the Committee is to provide advice and recommendations for Council to consider when making decisions relating to the further development of the Bunbury Wildlife Park as a significant tourism attraction. Community Consultation Consultation was undertaken with community members of the Bunbury Wildlife Park Committee at their meeting of 4 May 2012 who voted to support the above changes to their terms of reference. Councillor/Officer Consultation Consultation was conducted with a range of Councillors including the Mayor and Deputy Mayor prior to June 2012, all of whom indicated they were supportive of the focus of the new terms of reference as recommended by the Committee. Delegation of Authority There is no delegation of authority pertaining to this item. Relevant Precedents There are no relevant precedents pertaining to this item.
Council Agenda 26 June 2012
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11.3 Replacement of the City Promotions Committee
File Ref: A03402 Applicant/Proponent: Internal Report Author: Stephanie Addison-Brown, Director Community &
Customer Services Executive: Stephanie Addison-Brown, Director Community &
Customer Services Attachments: Nil
Summary The Council recently voted to disband the City Promotions Committee in its current form and replace it with a more strategic committee with a focus on tourism, events and marketing. One of the recommendations endorsed by Council was a review of the Committee’s current terms of reference with a report back to Council by June 2012 detailing any recommended changes. Since that Council decision, a workshop has taken place with the City of Bunbury’s three neighbouring Shires (Shire of Capel, Shire of Harvey and Shire of Dardanup) at which a commitment to a Regional Tourism Model was discussed. It is suggested that the Council await the outcome of further discussions with the neighbouring Shires before deciding whether to move forward with establishing a Committee focused solely on Bunbury. Executive Recommendation 1. That Council continue to discuss options in relation to a Regional Tourism
Model with neighbouring Shires.
2. That Council consider the outcomes of those discussions before moving forward with establishing a replacement Committee to supersede the City Promotions Committee.
3. That should a commitment to a Regional Tourism Model not be established with the neighbouring Shires within six months, the Council continue with its original decision to establish a Committee to replace the City Promotions Committee as originally decided.
4. That Council continue to support the City’s Bunbury-focused destination marketing initiatives until a regional direction has been formalised or otherwise.
5. That City Promotions Committee members are formally thanked for their contribution to date and are advised of the process should they wish to consider nominating as a Committee member into the future.
Background The City Promotions Committee has been in existence for several years and has in recent times provided feedback on local events and marketing initiatives.
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The Council recently voted to disband the City Promotions Committee in its current form and replace it with a more strategic Committee with a focus on tourism, events and marketing. One of the recommendations endorsed by Council was a review of the Committee’s current terms of reference with a report back to Council by June 2012 detailing any recommended changes. Discussions with existing Committee members took place prior to Council’s decision to disband the Committee in its current form and the suggestions for a replacement Committee made by those members have been noted. Various Elected Members have subsequently been consulted including the Mayor and the Deputy Mayor (who was the Chair of the City Promotions Committee and supported it being disbanded in its current form). Since that Council decision, a workshop has taken place with the City of Bunbury’s three neighbouring Shires (Shire of Capel, Shire of Harvey and Shire of Dardanup) at which a Regional Tourism Model was listed as a priority for all four Councils to work together on. It is suggested that the Council await the outcome of further discussions with the neighbouring Shires before deciding whether to move forward with establishing a Committee focused solely on Bunbury. Council Policy Compliance CEO 7 deals with the establishment and operation of committees. Analysis of Financial and Budget Implications The Committee does not manage a budget itself but will provide strategic direction and expertise to the staff that will coordinate events, tourism initiatives and strategic marketing campaigns. Community Consultation Consultation was undertaken with community members of the City Promotions Committee at their last meeting prior to the Council decision in March 2012 at which time they agreed to disband the Committee in its current form and replace it with a Committee which could act as a strategic steering/advisory group and which would comprise a range of high level representatives from a range of government agencies and tourism industry representatives. Councillor/Officer Consultation Consultation was conducted with a range of Councillors including the Mayor and Deputy Mayor (the Chair of the previous City Promotions Committee) prior to June 2012. Delegation of Authority There is no delegation of authority pertaining to this item.
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Relevant Precedents There are no relevant precedents pertaining to this item.
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11.4 Youth Advisory Council Revised Terms of Reference
File Ref: A00773-15 Applicant/Proponent: Internal Report Author: Stephanie Addison-Brown, Director Community &
Customer Services Executive: Stephanie Addison-Brown, Director Community &
Customer Services Attachments: Nil
Summary The Council recently voted to retain the Youth Advisory Council (YAC) at its meeting held on 28 February 2012. One of the recommendations in that report included a review of the YAC’s current terms of reference and a report back to Council by June 2012 detailing any recommended changes. Discussions with various Elected Members and YAC members ensued and it was universally felt that the current terms of reference needed to be updated to enable YAC to be more representative, for there to be more formal processes to govern the activities of YAC and to enable stronger working relationships between YAC and the Bunbury City Council. Executive Recommendation
1. That Council endorse the suggestions contained in this report relating to an
updated YAC structure and revised terms of reference. 2. That the City’s Team Leader Community Development work with the current
YAC Committee to approach schools in the Greater Bunbury Region to invite them to participate and to formally establish the new YAC structure.
3. That new YAC representatives are elected as soon as the new structure has
been established. 4. That YAC present their final terms of reference to Council once the new YAC
structure has been successfully scoped and is ready to be endorsed by Council.
Background The current terms of reference for the YAC are:
The Youth Advisory Council has been split into two groups – Formal YAC & Informal YAC. The following is the adopted terms of reference for both:
Formal YAC: The Formal Youth Advisory Council committee is comprised of youth members nominated and elected by the general membership of YAC and Councillors appointed by the City of Bunbury Council. The focus of the Formal YAC is decision making, planning and provides an opportunity for skills development and experience around formal meetings, decision making, business/budgeting and program and project development.
Informal YAC: The Informal Youth Advisory Council committee is comprised of a general youth membership and exists to support the formal YAC as a base for consultation around issues relevant to youth, leadership development and as a volunteer resource base for event organisation and
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delivery. Formal YAC members are given the opportunity to participate in Youth Development Team meetings and are encouraged to take an active role in the ongoing development of City of Bunbury youth projects and programs.
Members of the Formal YAC are elected for a 12 month term. Offices include those of the Youth Mayor and Youth Deputy Mayor, promotions officer, and membership liaison officer. Formal YAC members currently sit on the project reference groups for the Unleashed holiday program, Take 2: Youth Media Project, BANDiT Live Music Project and are actively involved in consulting on the on going development of existing and new projects and programs.
It was suggested by members of the current YAC that where possible, the following considerations should be incorporated into the YAC terms of reference: - Invitations extended to up to two representatives from each school in the
Greater Bunbury Region to form a Greater Bunbury YAC. This is not to replace any existing localised YACs in other Councils but rather to further explore the possibility of enabling representation from school students and young people in the Greater Bunbury area who, while they live outside the Bunbury LGA boundary, still have an active interest in youth related activities and campaigns in Bunbury and an interest in being involved in decisions relating to the future development of Bunbury. It was noted that a student attending a school in Bunbury may actually live outside the Bunbury LGA boundary and vice versa (the City of Bunbury’s Junior Mayor in fact lives outside the City of Bunbury as do almost half of current YAC members). A Greater Bunbury YAC would enable representation from all high schools in and around Bunbury. It was also noted that youth living in suburbs surrounding Bunbury (eg Dalyellup) do not have all the facilities and services that Bunbury provides and they frequently need to come into Bunbury for recreation and other activities.
- Establishing a ‘Junior Council’ (or similar) reflecting the main Council with more formal processes and the ability to provide formal comment in relation to main Council reports.
- Developing a better, more established, working relationship with the main Council. YAC members advised they wished to continue having three Councillor representatives attending their meetings and they saw this relationship as an important way to work with the main Council.
- Maintaining a social element to YAC was considered important. - Ensuring continuation of informal mentoring from older youth up to 23 years
of age (it was noted by YAC members that most leave long before they turn 25). It was noted that youth who have passed school age have different interests and issues than those still attending school so a formal ‘Junior Council’ as well as an informal YAC would provide them an opportunity to have a say as reflected in the current two-tiered approach. School aged YAC members said they did not feel intimidated by having older youth involved and saw value in the mentoring they could provide.
- Diversity was considered important and representation may include youth who are not attending school (it was noted that some are disengaged from school but still wish to have input regarding youth issues).
- It was noted that Year 12 students may be very busy with TEEs so high schools involved may elect to nominate representatives from any year between Year 8 and Year 12.
- The YAC suggested that they become more involved with other YACs (eg Capel) to ensure the groups work together to address issues cooperatively (the Junior Mayor from the Shire of Capel has also indicated to Bunbury’s
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Junior Mayor that this would be positive). The Junior Mayor reported that other YACs have indicated they are interested in such a dialogue and it is recommended that this is explored further.
- The YAC wishes to continue to run events and activities for youth and welcomes support from the main Council in this regard.
Council Policy Compliance CEO 7 deals with the establishment and operation of Committees. Legislative Compliance N/A Officer Comments As well as the suggestions highlighted above, it would also be beneficial to see the YAC more accountable for their budget. As such, there would be value in an annual report of activities being presented to Council during budget preparations which identifies where the budget was spent in the current year and proposed activities requiring budgetary expenditure for the following year. The YAC would be supported by the Team Leader Community Development to prepare these documents. Analysis of Financial and Budget Implications Council currently provides YAC with annual funding to undertake youth-related activities. $57K has been allocated in the 2012-2013 draft budget for YAC to continue to operate a range of activities for next financial year. Community Consultation Consultation was undertaken with members of the YAC at their meeting of 16 May 2012 who indicated they would like to see the above suggestions incorporated into their new terms of reference. Councillor/Officer Consultation Consultation was conducted with a range of Councillors including the Mayor and Deputy Mayor prior to June 2012, all of whom indicated they would like to see the current terms of reference updated to include a more formal ‘Junior Council’ YAC structure which would ensure broader representation from across all high schools in Bunbury and would provide YAC members the ability to have more formal input into Council processes and decision-making. Delegation of Authority There is no delegation of authority pertaining to this item. Relevant Precedents There are no relevant precedents pertaining to this item.
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12. Director Corporate Service Reports 12.1 Apex Club of Bunbury/Koombana and Wood turners Association of WA-
Joint Application to Lease Former Rathmines Scout Hall at Lot 1 (No. 57) Corner Thomas and Hislop Streets, East Bunbury.
File Ref: P09632 Applicant/Proponent: Brian Morris Apex Club Bunbury /Koombana and Kevan
Hunt Wood turners Association of WA Author: Mark Robson, Manager Contracts and Property Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-1
Summary The Apex Club of Bunbury/Koombana commenced a Lease at Lot 1 (57) Thomas Street, Bunbury in April 2009. Brian Morris from the Apex Club has been very generous and has offered the Wood turners Association of WA the opportunity to co-exist in the Thomas Street premise (correspondence attached at Appendix DCS-1). The Wood Turners Association of WA have been seeking a suitable location to operate from and are excited to be offered this opportunity and begin a new collaboration and better utilise the rear shed section of this building for their activities. Executive Recommendation Council supports the surrender of the current deed of lease with the Apex Club and grant a new joint deed of lease over the former Rathmines Scout Hall on Lot 1 (No. 57) Thomas Street, East Bunbury, between the Apex Club of Bunbury Koombana and the Wood Turners Association of Western Australia for a term of five (5) years with an option to renew for a further five (5) years, based on the continued terms and conditions as listed in this report to Council, and the following:
1. Members of the Apex Club and Wood turners Association to assist when required the City's Building and Trades Department in undertaking minor repairs and renovations at the premises to keep costs within the annual maintenance allocation for the property.
2. Any work undertaken at the lease site by the Apex Club of Bunbury Koombana Inc or the Wood turners Association of WA is to be undertaken and/or overseen by suitably qualified tradesmen and is not to be undertaken unless authorised by the City's Manager of Building and Trades.
3. The intention to grant a joint deed of lease is to be published in the City Update column of the Bunbury Mail Newspaper for public information prior to commencement of the lease term.
4. The Chief Executive Officer is authorised to prepare the lease document and arrange for signing by all parties.
5. The Lessee to pay all costs associated with document preparation and registration of the lease.
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Background History and Land Details The City holds Freehold title over the former Rathmines Scout Hall site at Lot 1 (No. 57) Thomas Street, East Bunbury. On 8 May 2008, the Certificate of Title (Vol 1291, Fol 113) for the land was transferred into the name of the City of Bunbury as the former owner (the Scout Association of WA) had given notice that it no longer required the hall for scouting activities. The property is zoned 'Parks and Recreation' under Town Planning Scheme No. 7. The applicant's proposal to lease the property for meetings training and some fundraising events is consistent with the zoning which permits passive community use i.e.” meetings, social or recreational activities or services by organisations involved in activities for community benefit." The Applicants The Wood turners Association currently has no fixed meeting place. The prospect of having secured tenure over a meeting venue will assist the Association in holding educational activities, training sessions and various activities. In addition the Apex Club undertakes a large amount of local community service work i.e., handyman and gardening jobs for pensioners and seniors. Proposed Lease Details The City's Executive and representatives of both organisations have mutually agreed on the following terms and conditions of the proposed lease: Commencement Date: 1 July 2012 Term: Five (5) years with an option to renew for a further five (5)
years Expiry Date: 1 July 2017 Rental: $1.00 per annum (peppercorn) rental during the initial five
(5) year term in lieu of the Lessee providing "in kind" services to assist the City in improving the building.
Rent Review: Rental to be reviewed upon the Commencement Date of the further term (if enacted)
Outgoings: Payment will be the responsibility of the Lessee Insurance: Both Lessees’ are to maintain Public Risk and Industrial
Special Risk Insurance policies for the premises. The public liability component to be no lower than $10(M). Certificates of currency from both groups are to be provided to the City on an annual basis.
Special Conditions: 1) Any Apex Club or Wood turners nominated member to undertake works at the leased premises is to be supervised by a suitably qualified and licensed tradesman/contractor.
2) No major works is to be undertaken by the Lessee’s at the leased premises without the prior written authorisation of the City's Manager of Building and Trades.
Document Preparation: The Lessee to pay the full cost of document preparation and registration.
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Council Policy Compliance There is no Council policy concerning joint lease of buildings. Legislative Compliance The intention to grant the Apex Club of Bunbury/Koombana and the Wood turners Association of WA a joint lease for a five (5) year term with an option to renew for a further five (5) years will be published in the City Update column of the Bunbury Mail Newspaper. Officer Comments This generous initiative by the Bunbury /Koombana Apex Club is well received by both clubs as they uphold similar values and intend to undertake new joint community projects. Analysis of Financial and Budget Implications The Apex Club of Bunbury Koombana Inc is financially solvent, the club has the ability to generate income sufficient for the anticipated outgoings and ongoing maintenance costs for the property. The Club holds a Charitable Collections Permit and as part of its reporting requirements under the Charitable Collections Act 1946, has its financial statements audited annually. A number of members of the Apex Club of Bunbury Koombana and the Wood turners association are qualified tradesmen and have confirmed that they would be prepared to assist in renovation to the site to keep renovation costs to under $10,000 (under the direction of the City's Manager of Building and Trades. The Club has provided the City's officers with Certificates of Currency for insurance and has sufficient public risk insurance in place to undertake works at the site. Community Consultation If the City elects to proceed with the proposal, then its intention to grant the two (2) Organisation’s a joint lease will be published in the City Focus column of the Bunbury Mail Newspaper in order to meet statutory requirements for the disposal of Council property under Section 3.58 of the Local Government Act 1995. Councillor/Officer Consultation Council Officers have held discussions with the applicants and have mutually agreed on the terms and conditions of the proposed lease. Economic, Social, Environmental and Heritage Issues Economic and Social The Apex Club ideal of helping to building better communities and its associated fund raising events have provided a solid economic and social benefit to the residents and businesses of Bunbury (and the wider community) for the past 72 years.
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Environmental The applicant's intended use of the building is in keeping with the zoning of the property. As the building has been in place for many years there are no environmental issues to consider. Heritage The Regional Heritage Advisor has been consulted concerning the historical relevance of the site and advises that the hall does not have any heritage significance to Bunbury. Delegation of Authority The Chief Executive Officer has delegated authority to negotiate the terms of an application to lease Council owned or managed property, provided the settled terms and conditions are presented to Council for approval before documentation is finalised. It is proposed that the Chief Executive Officer be authorised to proceed with preparation and signing of the Deed of Lease should no negative feedback from advertising be received. Relevant Precedents The Scouts have utilised the hall and its grounds for meetings and other Scouting activities since 1964. The Apex Club have occupied this premise since August 2009 with no concerns or complaints received.
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12.2 Proposed Assignment of Deed of Lease, R H Rogers to Terence A Doe,
Bunbury Airport Hangar No. 36, Lot 501 South Western Highway, Bunbury
File Ref: A04872 Applicant/Proponent: Terence A Doe Author: Jane Porter, Property Officer Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-2
Summary This proposal seeks Council consideration to adopt the Assignment of Bunbury Airport Lease Hangar Site No. 36 to Terence A Doe as requested by the current Lessee R H Rogers. A location plan is attached at Appendix DCS-2. Executive Recommendation Council agrees to the Assignment of Deed of Lease to Terence A Doe over Bunbury Airport Hangar No. 36, Lot 501 South Western Highway, Bunbury for the remaining period of four and a half years (4½) years with no further option, subject to the terms and conditions as specified in the report, and the applicant is to pay all costs associated with the application including document preparation and advertising. Background The Bunbury Airport is located on Reserve 27686 (Lot 501) South Western Highway, Bunbury. The land is held by the City under Management Order (Crown Land Record Volume 3157 Folio 3) for the purpose of an “Aerodrome” with the power to lease for a term not exceeding twenty one (21) years. R H Rogers accepted the lease over site 36 at the Bunbury Airport on 1 July 2008 for a period of three (3) years which expired on 30 June 2011, R H Rogers took up his further option of five (5) years on 1 July 2011. In May 2012 the City received a request from R H Rogers to assign the lease over site 36 to another party, Mr Terence A Doe of Eaton. Council Policy Compliance There is no Council Policy applicable to this proposal. Legislative Compliance To be advertised in the South West Times for a period of fourteen (14) days in accordance with the provisions of Section 3.58 of the Local Government Act 1995. The assignment of leases at the Bunbury Airport requires the approval of the Minister for lands.
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Officer Comments R H Rogers has sold Bunbury Airport Hangar 36 to Terence A Doe. Mr Doe already has a lease over Airport Hangar 45 and has operated there since 2008. The Minister for State Lands has no objections to the proposed assignment and has provided in principal approval pending Councils resolution. The assignment of this lease will ensure that the Bunbury Airport facilities are being utilised by active members of our Airport community. Analysis of Financial and Budget Implications There are no financial or budgetary implications associated with the proposal. Community Consultation Assignments of leases are advertised pursuant to Section 3.58 of the Local Government Act 1995 which requires a public submission period of fourteen (14) days. Councillor/Officer Consultation All applications for lease of sites at the Bunbury Airport are brought to the attention of the Team Leader Airport and Design for consideration. There are no objections to the assignment of this lease.
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12.3 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-3, DCS-4
Summary The purpose of this report is to provide Council with the results of a recent survey of property and business owners in the Central Business District (CBD) regarding the introduction of a Specified Area Rate (SAR) 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 CBD. Executive Recommendation That Council:
1. Not adopt 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-3), as the survey of property and business owners has resulted in a majority “No” vote.
2. Continue to work with BCCI to support the Central Business District. 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. It was felt there was support by business owners for a campaign to draw attention to the CBD. An analysis was undertaken and a strategic plan was formulated by the BCCI, which outlines its vision and objectives for the CBD. The plan identified funding of $285,000 per annum required to run the campaign, including the salaries for two (2) dedicated staff. The original proposal from the BBCI was for the City to levy and then provide the funding to the BCCI, who would then implement and manage the marketing campaign. The proposal was for this to be done through the raising of a specified area rate imposed on commercial properties in the CBD and Marlston Water Front. This approach however would not have complied with the requirements of section 6.37 of the Local Government Act, which does not allow funds generated through a specified area rate to be administered by a third party. The proposal was therefore modified so that the City would become responsible for managing and conducting the marketing campaign and employing necessary staff. At the Ordinary Council Meeting held on 22 May 2012, Council resolved that a survey be conducted of all property and business owners in the specified area, to
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ascertain whether support exists for the application of a specified area rate to fund the promotional campaign. Legislative Compliance Section 6.37 of the Local Government Act 1995 relates to specified area rates. Officer Comments Subsequent to Council's resolution on 22 May 2012, City Officers undertook a survey (a copy of the survey sent is attached at Appendix DCS-4)of both property owners and business proprietors located in the CBD and Marlston Water Front, to quantify whether a definitive level of support exists for the proposed specified area rate. Some 310 surveys were distributed to property owners and 330 to business owners, with an approximate 37% and 33% response rate respectively as of Wednesday 13 June 2012. Property owners were mailed their surveys based on contact information obtained from the City's rates database, whereas business owners had their surveys hand delivered over a number of days. Any property falling within the specified area that is either "rate exempt" or a government service agency (ie Medicare) did not receive a survey. Collectively, 70% of respondents do not support the levying of a specified area rate for the purpose of promoting the CBD. Individually, 74% of property owners and 65% of business owners are against the specified area rate. Interestingly, less than half of total respondents support any marketing/promotion being done at all (irrespective of any rate of levy).
Property Owner Business Proprietor Totals
Count % Count % Count %
Surveys issued 310 - 330 - 640 -
Surveys returned
114 37% 109 33% 223 35%
Support promotion of
CBD 51 45% 58 53% 109 49%
Do Not support promotion of
CBD 63 55% 51 47% 114 51%
Support specified area
rate 30 26% 38 35% 68 30%
Do Not support specified area
rate 84 74% 71 65% 155 70%
Analysis of Financial and Budget Implications The specified area rate, as proposed by BCCI, would raise $285,000 per annum, to be expended on the CBD promotional campaign.
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Community Consultation The BCCI has conducted meetings and workshops with local businesses explaining the proposal and seeking their support. The City conducted its own written survey of property and business 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. A proposal to raise a SAR was put to Council in a report on 22 May 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.
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12.4 Hang Gliding Association of WA – Application for Licence to Utilise
Portion of Ocean Drive Road Reserve for Take-Off/Landing Area
File Ref: F00101-39 Applicant/Proponent: Hang Gliding Association of WA Author: Jane Porter, Property Officer Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-5
Summary An application has been received from the Hang Gliding Association of WA (“applicant”) seeking council’s consent to grant a new Licence at Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Carpark for one (1) year with no further option. A location plan is attached at Appendix DCS-5. Executive Recommendation Council agrees to grant a new Licence to the Hang Gliding Association of WA over Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Carpark for a term of ONE (1) year subject to the terms and conditions as specified in the report, and the following: 1. The applicant to pay all costs associated with the licence application including
document preparation. 2. Compliance with Civil Aviation Safety Authority (CASA)
requirements/regulations. 3. No disturbance of the dune is to occur and if any does occur it is to be
repaired at the Licensee’s expense. Background The applicant has been using the current site on a trial ONE (1) year period for hang gliding/paragliding operations and previously used the site for at least 30 years (since 1980) prior to a Licence being granted in June 2011. The take off/landing area comprises an area of approximately 170m² and is situated on the Ocean Drive Road Reserve, adjacent to the Mangles Street Toilet Block and Carpark. Current Licence Details Commencement: 1 August 2011 Term: Twelve (12) months trial period Expiry Date: 31 July 2012 Rental: $500.00 plus GST annual licence fee Outgoings: Responsibility of the Lessee Insurance: The Lessee to maintain Public Risk and General
Insurance Policies over the premises with Public liability to be set at $10(M)
Special Conditions: (i) Compliance with Civil Aviation Safety Authority (CASA) requirements/regulations.
(ii) Comply with the Local Government Act 1995 –
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Local Government and Public Property Local Law.
(iii) There is to be no disturbance of the dunes and if any does occur it is to be repaired at the Licensee’s expense AND the City may decide to revoke permission for the activity.
(iv) The Hang Gliding Association of WA is to ensure the use of the Back Beach Site will only be permitted by persons holding appropriate current certification.
(v) The Hang Gliding Association of WA implement appropriate safety rules to ensure safe use of the site.
Document Preparation:
The applicant to pay full costs associated with the licence application including document preparation.
Proposed New Licence Details Commencement: 1 August 2012 Term: Twelve (12) months Expiry Date: 31 July 2013 Rental: $500.00 plus GST annual licence fee Outgoings: Responsibility of the Lessee Insurance: The Lessee to maintain Public Risk and General
Insurance Policies over the premises with Public liability to be set at $10(M)
Special Conditions: (i) Compliance with Civil Aviation Safety Authority (CASA) requirements/regulations.
(ii) Comply with the Local Government Act 1995 – Local Government and Public Property Local Law.
(iii) There is to be no disturbance of the dunes and if any does occur it is to be repaired at the Licensee’s expense AND the City may decide to revoke permission for the activity.
(iv) The Hang Gliding Association of WA is to ensure the use of the Back Beach Site will only be permitted by persons holding appropriate current certification.
(v) The Hang Gliding Association of WA implement appropriate safety rules to ensure safe use of the site.
Document Preparation:
The applicant to pay full costs associated with the licence application including document preparation.
The City’s Executive and the applicant have mutually agreed on the proposed term and conditions of the Licence. Council Policy Compliance There is no Council Policy applicable to this proposal.
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Legislative Compliance There is no Legislative Compliance applicable to this proposal. Officer Comments The Hang Gliding Association of WA has been flying on the Back Beach Ridge, Portion of Ocean Drive Road Reserve, Bunbury South adjacent to Mangles Street Toilet Block and Carpark since 1980. They have also had a trial Licence over the Road Reserve for the last twelve (12) months and there have been no reports of major injuries or incidents to pedestrians or vehicles in the vicinity or surrounding areas. There will be no disturbance of the sand dunes and if any does occur it is to be repaired at the Licensee’s expense and the City may decide to revoke permission for the activity. Analysis of Financial and Budget Implications The applicant will be responsible for all costs associated with the preparation of documentation associated with the licence. The annual licence fee is based on other Local Government fees currently charged for the same sporting activity. Community Consultation Not required. Councillor/Officer Consultation No consultations were made in regards to this proposal
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12.5 Financial Statements for the Period Ending 31 May 2012
File Ref: A02838 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Director: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-6, DCS-7, DCS-8, DCS-9, DCS-10
Summary The following comments are provided on the key elements of Council’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix DCS-6)
Forecast Financial Performance to 30 June 2012 - Forecast income of $44.6M is $541K greater than the current
budgeted income of $44.1, (a favourable variance). - Forecast expenditure of $45.9M is $932K less than the current
budgeted expenditure of $46.8M, (refer explanation on next page). - Forecast operating deficit of $1.2M is $1.5M less than the current
budgeted operating deficit of $2.7M. 2. Capital Works (attached at Appendix DCS-7)
- Forecast capital works of $14.9M is $6.0M less than the current budgeted capital works of $20.9M, (refer explanation on next page).
3. Balance Sheet (attached at Appendix DCS-8)
Council’s Year-to-date and Forecast balances are as follows: Year-to-date Forecast
- Current Assets of $33.0M includes: * Cash and Investments $31.0M $26.4M * Rates Receivables $0.8M $0.7M * Other receivables $1.2M $1.5M
- Current Liabilities of $4.9M includes:
- Trade and Other Payables $2.0M $3.1M - Annual Leave
and LSL Provisions $2.5M $2.5M
- Working Capital $28.2M $22.2M (Current Assets less Current Liabilities)
- Equity $223.8M $221.3M
(Total Assets less Total Liabilities)
Executive Recommendation The Financial Statements for the period ending 31 May 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-9) 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-6) - Capital Works Expenditure Summary (attached at Appendix DCS-7) - Balance Sheet (attached at Appendix DCS-8) - Statement of Net Current Assets (attached at Appendix DCS-10) 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
Grants and Subsidies – Forecast increase mainly due to the advance payment of Grants Commission and General Purpose Road Grants in June 2012 for next financial year.
$314,187
Contributions, Reimbursements and Donations – increase mainly due to greater reimbursement of workers compensation ($80K), electricity recoups from leased properties ($15K) and insurance claims ($10K).
$109,380
Interest Earnings – favourable variable due to higher interest rates and higher balance of funds held than anticipated during the year.
$77,494
Operating Expenditure
Materials and contracts – reduced expenditure on various operating projects not completed within the current financial year.
$1,623,679
Depreciation – a review to 30 June has identified annual depreciation was under estimated in the original budget.
($729,657)
Capital Income
Capital Grants and Subsidies – Net decrease in grant income mainly due to road network and traffic management projects carried forward to 2012/13.
$255,027
Profit on disposal of assets – increased profit due to the sale of land and vehicles greater than budgeted.
$215,426
Capital Expenditure
Net decrease in capital expenditure mainly due to the carried forward of the following projects to 2012/13:
BREC Building Expansion $1.84M Waste Operations Plant $1.60M
$6,067,556
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Infrastructure Works $0.92M Waste Operations 3rd Bin $0.68M Plant and Equipment $0.30M Snr Citizens Building Upgrade $0.25M Hay Park Soccer Drome $0.17M
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13. Director Planning and Development Services Reports 13.1 Bunbury Environment and Sustainability Advisory Committee
File Ref: A04442 Applicant/Proponent: Internal Report Author: Ben Deeley, Team Leader Sustainability Executive: Bob Karaszkewych, Director Planning and Development
Services Attachments: Appendix DPDS-1, DPDS-2
Summary This report outlines the recommended approach on the future of the Bunbury Environment and Sustainability Advisory Committee (BESAC) in the context of Council’s review of advisory committees. Executive Recommendation That Council:
1. Disbands the Bunbury Environment and Sustainability Advisory Committee.
2. Sends a letter of appreciation to the BESAC committee members (both past and present) for their contributions to date.
3. As a replacement for the BESAC, and to provide for effective and open communications between the Council and the community on environmental matters, implements the following three initiatives: - a community environmental reference group - a web-based environmental newsletter - an annual local environmental forum.
Background The BESAC superseded the Coastal and Foreshore Management Advisory Committee in 2004. The BESAC membership comprises elected members, support staff, ex-officio representatives from relevant organisations (e.g. State agencies) and six community members. Current Terms of Reference: “The Bunbury Environment and Sustainability Advisory Committee is to: 1. provide advice on strategic and contentious issues pertaining to the natural
environment and sustainability 2. provide advice upon the expenditure of Council’s Environmental Reserve
fund 3. undertake a self-review on an annual basis and provide advice to Council
regarding the committee’s continual improvement as deemed necessary 4. form working groups to investigate specific issues on behalf of the committee
where required”.
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In addition, it is understood that there is a perception (internally and externally) that BESAC provides a mechanism for information exchange between Council and the community on environmental issues. The BESAC has made some notable contributions over the past eight years, including: - providing advice on the establishment of the proposed Preston River to
Ocean Regional Park - providing advice on proposals put forward by the Land Rationalisation and
Acquisitions Committee - providing input into the preparation of the Local Planning Strategy for
Environmental Assets and Natural Resources. The future of the BESAC was considered by its members on the 29 March 2012. Committee members acknowledged that the BESAC experiences a range of ongoing problems, including: - member dissatisfaction and attendance/quorum issues (N.B. some
Committee members are concerned that BESAC is under-utilised by Council) - limited capacity to provide technical environmental advice to Council owing to
the non-technical nature of the majority of the Committee’s members; and - limited capacity to represent the breadth of views and opinions in the
community on environmental issues due to the Committee’s relatively small membership
The consensus view held by Committee members was that in light of those problems the BESAC could be disbanded provided that a suitable replacement is created in order to allow for ongoing information exchange between Council and the community on environmental issues. Reasons provided for this by Committee members include: - Council has a responsibility to demonstrate accountability and transparency
to the community on its activities, which are related to, or impact upon, the natural environment.
- Council has a responsibility to involve the community in its decision making on environmental matters.
- Council should monitor the community’s views and opinions on environmental matters generally and respond to these where appropriate.
- Council should inform the community about environmental issues and foster positive behaviour change.
Council has a range of existing mechanisms that provide for information exchange with the community such as the Strategic Community Plan, Information Briefings, Policy Development Briefings, agenda Briefings and the formal Council meeting process, Annual Report, City Beat newsletter and Bunbury Mail City Focus column. However, in the interests of continually improving information exchange between Council and the community, an investigation of potential mechanisms to replace the BESAC and to augment existing processes has been undertaken. In light of this, the following three linked initiatives are proposed to replace the BESAC: a) A community environmental reference group that meets quarterly and
receives updates and provides input into Council environmental initiatives, where appropriate; guides an annual local environmental forum (see below);
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and provides recommendations to Council on environmental matters, when appropriate.
b) A web-based environmental newsletter prepared quarterly and provides the community with regular updates on current Council environmental projects and the activities of the community environmental reference group.
c) A local environmental forum to educate and receive feedback from the community on local environmental issues.
Further information on each of the proposed initiatives is attached at Appendix DPDS-1 The proposed framework for the community environmental reference group is attached at Appendix DPDS-2 The above initiatives were presented to the BESAC for consideration on 3 May 2012. The outcome of the BESAC Committee’s deliberations was that Council: 1. Disbands the Bunbury Environment and Sustainability Advisory Committee
and thanks committee members past and present for their contributions to date.
2. Implements the following three initiatives as replacements for the Bunbury Environment and Sustainability Advisory Committee in order to provide for effective information exchange between Council and the community on environmental issues: - a community environmental reference group - a web-based environmental newsletter - an annual local environmental forum event.
Council Policy Compliance Policy CEO7 on the Establishment and Operation of Committees. Legislative Compliance WA Local Government Act 1995: - Section 5.8 to 5.11 relating to Committees - Section 5.15 Reduction of quorums for Committee - Section 5.16 to 5.18 Delegation of Powers to Committees. Officer Comments The BESAC is functioning sub-optimally. Aspects of the BESAC Terms of Reference, namely the provision of advice on technical environmental matters and the expenditure of funds on environmental projects, are currently met by other means, such as professional Council staff and the Integrated Planning and Reporting Framework. The Executive Recommendation provides for the replacement of the BESAC with three linked initiatives to drive improved information exchange between Council and the community on environmental matters because: - the initiatives provide for the direct involvement of a greater number of
community members than the BESAC does at present - the initiatives provide for the dissemination of Council information, as well as,
the collection of information for the community (i.e. two-way exchange),
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whereas the BESAC predominantly provides for the one-way exchange of Council information
- The initiatives involve a range of mediums and have differing target audiences in order to maximise exposure and community input.
A community environmental reference group is preferable to an advisory committee because reference groups operate outside the provisions of the WA Local Government Act 1995 and administration is more flexible, for example, there are no requirements for a quorum at reference group meetings. Analysis of Financial and Budget Implications The three proposed initiatives will be undertaken at low-cost via internal resources (e.g. staff time and office consumables). The annual local environmental forum may require some funds for catering and facilitator/ guest speaker fees, however expenses can be fully provided for by the Sustainability and Integrated Land Use Planning Department’s current annual administrative budget allocation. Each initiative has the potential, in future, to expand in scope if desired by Council. In those circumstances, it may require the allocation of additional funds to support, for example the progression of the annual local environmental forum into a Bunbury ‘environmental conference’ attracting national and international speakers. Community Consultation The matter was considered by the BESAC at its meetings on the 29 March and 3 May 2012. Councillor/Officer Consultation His Worship the Mayor, Cr McNeill and Cr Steele are members of the BESAC and had attended recent meetings. This matter has been considered by the CEO and Director Planning and Development Services.
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13.2 Final Adoption Modified Scheme Amendment 52 to Town Planning
Scheme No.7 File Ref: A04757 Applicant/Proponent: MPM Development Consultants Author: Ann-Kristin Jank, Senior Strategic Planner Executive: Bob Karaszkewych, Director Planning and Development
Services Attachments: Appendix DPDS-3, DPDS-4
Summary At its meeting of 4 October 2011 Council resolved to initiate (Council Decision 242/11) Scheme Amendment 52. Approval to advertise was granted by the Western Australian Planning Commission and the Environmental Protection Agency. The scheme amendment documentation has been modified based upon the advice received from the Department of Environment and Conservation (DEC). Executive Recommendation That Council:
1. In accordance with the Planning and Development Act 2005 resolves to adopt Scheme Amendment number 52 to the City of Bunbury Town Planning Scheme No. 7 in accordance with the modified Scheme Amendment number 52 documentation (attached at Appendix DPDS-3)
2. Refers the modified Scheme Amendment number 52 documentation to the Western Australian Planning Commission for final approval in accordance with the provisions of the Town Planning Regulations 1967;
3. Informs the land owners of Lots 75, 76, 916, 823, 715, 970, 821, 82, 407 and 4685 South Western Highway that their properties are excluded from Scheme Amendment number 52 (as modified), and that rezoning of those Lots will now be captured within the scheme review process.
Background Background to this amendment can be found in the Council Minutes dated 4 October 2011. The resolution was as follows (Decision No. 242/11): Part A 1. Council, in accordance with the Planning and Development Act 2005,
resolves to initiate Scheme Amendment 52 to the City of Bunbury Town Planning Scheme No. 7 to:
(a) rezone Lot 74 from “Residential Zone” (R20) to “Special Use Zone” (No.50 - Industry);
(b) rezone a portion of Lot 9003 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, to part “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”;
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(c) rezone a portion of Lot 9002 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”;
(d) rezone portions of Lots 60 and 61 from “Residential Zone” (R20) to “Mixed Business Zone”;
(e) rezone Lots 75, 76, 916, 823, 715, 970, 821 and portions of Lots 82, 407, 4685 from “Residential Zone” (R20) to “Mixed Business Zone”;
(f) incorporate Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685 within a “ Development Investigation Policy Area”, as shown on the scheme amendment map; and
(g) amend the table to “Schedule 2 – Special use Zones” of the Scheme for the purpose of additional development requirements/provisions;
(refer to Attachment 1 of the report circulated under separate cover).
2. Council resolves to refer the proposed Scheme Amendment 52 documentation to the Western Australian Planning Commission (WAPC) for approval to advertise for public comment.
3. Council resolves to refer the proposed Scheme Amendment 52 documentation to the Environmental Protection Authority (EPA) for approval to advertise for public comment.
4. Subject to the approval by the Western Australian Planning Commission and Environmental Protection Authority to advertise the amendment, Council resolves to advertise the proposed Scheme Amendment 52 for a period of at least 42 days.
Part B
5. Council resolves to extinguish the Deed of Agreement, which currently exists, between the City of Bunbury and the landowners of Lot 74 Mill Street, requiring the development of a vegetation buffer and “bunding” within the Mill Street Road Reserve, when the scheme amendment has been finalised and gazetted. Such action is to be to the satisfaction of the CEO.
Officer Comments The scheme amendment documentation has been modified based upon the advice received from the Department of Environment and Conservation (DEC). DEC recommended that a flora and vegetation survey and a fauna survey be undertaken on Lot 407, and the results assessed by DEC prior to finalising or approving the proposed scheme amendment. Given the potential time delays that would result from conducting such action, it is now proposed to progress with the scheme amendment as originally submitted by the proponent. Accordingly Lots 75, 76, 916, 823, 715, 970, 821, 82, 407 and 4685 South Western Highway are omitted from the modified scheme amendment area, which will allow the scheme amendment to proceed in a timely fashion whilst DEC’s requirements can be undertaken independently and proposed changes to the properties, now omitted, can be subsequently captured as part of the upcoming scheme review process.
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Community Consultation Draft Scheme Amendment Number 52 was publicly advertised for a period of 42 days. Of the seven (7) submissions received, all were from other Government departments/agencies and no submissions have been received from private land owners. The concerns raised by DEC have been attended to in the modified scheme amendment documentation and will be addressed as part of the scheme review process. The comments submitted appear together with an Officer response within the Schedule of Submissions issued as attached at Appendix DPDS-4
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13.3 CBD Parking Strategy Control Group – Report on CBD Parking Strategy
Review Report
File Ref: A00472 Applicant/Proponent: Internal Report Author: Neil Dyer, Team Leader Parking Executive: Bob Karaszkewych, Director Planning and Development
Services Attachments: Appendix DPDS-5
Summary At the CBD Parking Strategy Project Control Group meeting of 30 May 2012, the consideration of the recommendations contained in the ‘Review and implementation of August 2007 CBD Parking Strategy’ report prepared by Luxmoore Parking Consulting. The recommendations included consideration of the current start time of CBD parking restrictions and the consideration of existing time limits, particularly the 1P time limits. Executive Recommendation That this document has been received and noted for Council information only. Background In December 2009 and July 2010, changes, which included the introduction of Visitor/Shopper carparks with 2 hours of free parking and paid on-street parking, were introduced into the CBD in accordance with the City’s 2005 Parking Strategy. In May 2012, Luxmoore Parking Consulting (a division of the ARRB group) completed a review of the implementation of that Strategy. The report found that the Strategy ‘remains valid’ and the Parking Works program had been professionally and comprehensively undertaken. The report also identified eleven (11) recommendations (Attachment A) for consideration. The report, including recommendations were presented to Council on 22 May 2012. The following decision was made:
Council Decision 151/12 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. In accordance with Council Decision 151/12, the report and the recommendations contained within were referred back to the CBD Parking Strategy Project Control Group on the 30 May 2012.
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At that meeting, all of the recommendations contained within the report were discussed with particular attention being given to recommendations 1, 5 and 6. As a result of those discussions and following consideration of the recommendations, the CBD Parking Strategy Control Group made the following decisions: Recommendation 1: Motion – 30/5/12/1 That the Council Media Officer in conjunction with the Team Leader Parking be requested to prepare a detailed strategy to address recommendation # 1 of report and that the strategy be forward to members prior to it being considered at the June CBD Parking Strategy Project Control Group meeting. Moved: Cr Stephen Craddock Seconded: Andrew Horan CARRIED Recommendation 5: Motion 30/5/12/2 That the start time parking restrictions both on-street and in car parks be changed to 8.30am Moved: John Ventris Seconded: Geoff Klem CARRIED Recommendation 6: Motion: 30/5/12/3 That : 1. all 1 hour time restricted bays within the core areas of the CBD be changed to
2 hours and that all other time restrictions be changed as recommended by the Team Leader Parking; and
2. that the change to the time restrictions be done swiftly and in conjunction with
change of start time and that a public announcement of changes be done, as soon as practically possible, with further notification for the public to come.
Moved: Cr Craddock Seconded: Andrew Horan CARRIED Council Policy Compliance There is no Council policy compliance applicable to this item. Legislative Compliance There is no Legislative compliance relevant to this item. Officer Comments The first recommendation made by the CBD Parking Strategy Control Group regarding the marketing strategy is consistent with the existing Parking Strategy. The following two recommendations made by the CBD Parking Strategy Control Group, that is a change to the commencement time of paid parking, and a change to the time limits within the CBD have financial implications and could, in part, be considered contrary to the intent of the CBD Parking Strategy. The two recommendations were also subject to recommendation 4 in the report which stated:
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4. The parking utilisation and occupancy surveys are an effective and necessary parking management tool and should be undertaken at least annually. This information and the statistical data obtained from the parking machines should be analysed and form the basis for any review and any amendments including amendments to hours of operation, time restrictions and parking fees in order to maintain short-term parking availability (churn) in the CBD. (2006 item Nos. 6, 7 and 8).
The impacts associated with the proposed changes are that they will adversely affect the integrity of the Parking Strategy by reducing the availability of parking in areas of high demand. The change of the commencement of parking restrictions from 8:00am to 8:30am, and the blanket of the 1P parking to all 2P parking time limits does not promote the ‘churn’ of vehicles in an area, nor does it improved availability of parking. It is considered the proposed increase from 1P to 2P in areas of high demand will lessen the current availability of parking in those areas and reduce the churn on-street. The increase in time limits will encourage motorists to park in the prime on-street parking and lessen the incentive to use the visitor/shopper car parks that offer two hours free parking, which is contrary to the intent of the CBD Parking Strategy. It is important that due consideration be given to Recommendation 4 within the report because this must form the basis for any changes to parking occurring. Staff acknowledges that 1P time limits, in some areas, are able to be changed/increased without an adverse impact on parking availability, particularly when the demand for parking is less than 85%. As stated within the report changes to time limits (increases/decreases) has already been instigated in some areas whereby parking availability is less than 85% and where changes to time limits services the needs of the customers/businesses within the area. However, in the majority of the core CBD areas where the demand for parking exceeds 85%, increasing the time limit of 1P to 2P will only serve to reduce churn and decrease availability. Accordingly, the notion of changing all 1P to 2P although sounding simplistic ought to be the subject of further investigation prior to any implementation and based upon the information as described in Recommendation 4. Analysis of Financial and Budget Implications The decisions relating to recommendation five (5) and six (6) both involve a cost to implement and in the case of recommendation five (5) there will be an anticipated loss of income. The costs to implement a change to the ‘start times’ would be approximately $8,000 for parts and materials and approximately $11,000 in labour cost (plus staff on costs). The estimated loss of income would be approximately $12,000. Changes to the time limits will have proportional costs if carried out separately. A comprehensive list of the financial implications are attached at Appendix DPDS-5. Community Consultation Comprehensive public consultation undertaken with businesses and consumers when compiling the review document.
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The recommendation contained within the report regarding changes to the time restrictions (recommendation 5) and the parking restriction start time (recommendation 6), state that consideration is to be given to the utilisation and occupancy survey data, information obtained from the ticket issuing machine, and in the case of time limits, consideration of the types of businesses in the immediate area. Councillor/Officer Consultation Consultation has been undertaken with relevant Council staff and the report titled ‘Review of Implementation of August 2007 CBD Parking Strategy’ was referred to the CBD Parking Strategy Project Control Group for response.
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14. Director Strategic Integration Reports 14.1 Proposed Road Reserve Closure for a Portion of Adam Road Reserve,
South Bunbury
File Ref: R00003 Applicant/Proponent: City of Bunbury Author: Neville Dowling, Strategic Projects Officer Director: Geoff Klem, Director Strategic Integration Attachments: Appendix DSI-1, DSI-2, DSI-3
Summary Council at its meeting on 22 May 2012 resolved to:
1. Adopt the revised Emergency & 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.
In accordance with resolution No.1 above it is necessary that the relevant portion of Adam Road Reserve undergo a road reserve closure procedure in accordance with the requirements of the Department of Regional Development and Lands. Committee Recommendation That Council agree to request from the Minister for Lands, a road reserve closure for portion of Adam Road Reserve in order to accommodate community services in accordance with the revised Emergency and Community Services Concept Plan approved by Council at its meeting on 22 May 2012. Background The portion of Adam Road reserve that is the subject of this report is unmade road reserve as indicated on the location map attached in Appendix DSI-1. Attached at Appendix DSI-2 is a plan indicating in detail, the portion of road reserve intended for closure. Attached at Appendix DSI-3 is a copy of the approved revised Emergency & Community Services Hub Concept Plan. The Revised Emergency & Community Services Hub Concept Plan (ECSHC) includes a proportion of Adam Road Reserve in the north western corner of the site. It corresponds with the area set aside for the Men’s Shed. The road reserve closure is required for the following reasons: - The subject land is not currently utilised as a road and will not be required for
a road in the future. - It is necessary that as much land as possible at this location be available for
community services groups. - The current unmade reserve width is 40 metres which is surplus to
requirements if a road is ever constructed at this location. A road reserve
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width of 20 metres is all that is required to allow for the possibility of a future road connection to Bussell Highway at this location.
- This area of unnecessary road reserve adds 1,480m² of area to the community serves site.
Analysis of Financial and Budget Implications There is no loss of revenue to this proposal however there are benefits to the City and the wider community once this development is completed. Community Consultation If Council agree to initiate the road reserve closure process the road reserve closure will then be advertised for a minimum of 35 days in accordance with the requirements of section 58 of the Land Administration Act 1997. This involves notices in a local newspaper. Following advertising and consideration of the submissions the City will (if still in support of the proposal) resolve to request the Minister for Lands for road reserve closure under section 58(1) of the Land Administration Act, 1997. Councillor/Officer Consultation The subject land has been identified as part of the ECSH Concept Plan which was originally considered by Council at its meeting in June 2010 with revisions of the plan being adopted by Council on the 13 December 2011 and most recently on the 22 May 2012.
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15. Director Works and Services Reports 15.1 Termination of the Agreement between the Bunbury Timber Jetty
Environment and Conservation Society and the City of Bunbury
File Ref: A04258-05 Applicant/Proponent: Internal Report Author: Jason Gick, Manager Engineering Executive: Phil Harris, Director Works and Services Attachments: Nil
Summary The Council has decided to deconstruct the Bunbury Timber Jetty under contract. The role of the Bunbury Timber Jetty Environment and Conservation Society (BTJE&CS) has diminished and ongoing financial support is recommended to cease. Executive Recommendation 1. That any agreements and management arrangements between the City of
Bunbury and the Bunbury Timber Jetty Environment and Conservation Society be terminated effective 30 June 2012.
2. That no further payments for works and services be made to the Bunbury
Timber Jetty Environment and Conservation Society effective 30 June 2012. Background At its 20 January 1997 meeting, the Council decided to advise the (then) Premier that the City of Bunbury will accept legal responsibility for the Bunbury Timber Jetty subject to conditions, including the provision of a $1.0M contribution. The conditions also included a formal request to be made to the (then) Bunbury Timber Jetty Preservation Society to assume responsibility for the restoration of the jetty. The BTJE&CS has been working on the preservation of the Bunbury Timber Jetty for many years. The (then) Society’s role and responsibilities was formalised with the City in a Deed of Agreement established in the late 1990’s. Funding of the Societies activities was provided from the interest earned from the $1.0M state contribution. At the beginning of this arrangement, the interest earnings were able to be metered out and controlled as the work load was more manageable at that time. Since that time the rate of deterioration of the jetty structure has exceeded the Society’s capacity to keep up. This is evidenced in comparative condition reports from 1984, 2002, 2008 and most recently in 2011. This has resulted in the Council needing to intervene in both increased financial support to the Society and active risk mitigation in the form of the jetty boom.
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Various Council decisions since the 1997 decision have required the release of funds from reserves to ensure the Society was paid and other works could be funded. This trend has resulted in the Jetty reserve being depleted in mid 2011. Funding of the Societies activities since that time has been coming from general revenue. At its 20 May 2011 Special Meeting, the Council, upon advice from its insurers, decided to close access to the jetty for all personnel including the public, City staff and the BTJE&CS. The City then wrote to the Society and instructed it to cease works on the structure and make efforts to start cleaning up the land side area and to provide ongoing monitoring support for loose timbers and damage to the boom. Council Policy Compliance N/A Legislative Compliance N/A Officer Comments The role of the BTJEC&S has reduced over the last few years as the future the jetty has become clearer. The Councils most recent decision (Council Decision 80/12) to deconstruct the jetty makes the ongoing support of the BTJE&CS redundant. Upon contractual possession of site on 1 June 2012, the BTJE&CS were no longer allowed on the site and could no longer undertake any works to support the Councils decision. Council decision 80/12 provides opportunity for the Council to investigate funding options for a replacement jetty either as part of the existing contract (time permitting) or in the future. Until that item is clarified, there is no role for the BTJEC&S that could be supported b y the Council. The BTJE&CS has been cooperative in its role and has wound down its operations to make the site available to the contractor upon possession of site. Analysis of Financial and Budget Implications This decision will save the Council approximately $4,500 per month. Community Consultation The City has consulted with the BTJE&CS and advised it formally of this proposal. The City has held several on-site meetings with the BTJE&CS to ensure the hand over of the site took place smoothly. Councillor/Officer Consultation This proposal is supported at executive level.
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15.2 Relocation of Access to Dodson Road
File Ref: R00128 Applicant/Proponent: Anne Mitchell, Manager Morrissey Homestead Author: Jason Gick, Manager Engineering Executive: Phil Harris, Director Works & Services Attachments: Appendix DWS-1
Summary The Dodson Road access to Morrissey Homestead is too close to the South Western Highway intersection and a request has been lodged to assist with its relocation. Executive Recommendation That Council:
1. Agree to the relocation of the Dodson Road Morrissey Homestead access across the recreational portion of Lot 65 (Morrissey Lake);
2. Prepare a design of the relocated Dodson Road access for Morrissey Homestead;
3. Waive Councils application fee for the crossover approval; and
4. Support upgrade of the South Western Highway access to accommodate full movements
Background Morrissey Homestead is located on the corner of Dodson Road and South Western Highway. Access to the site is taken from Dodson Road. Egress from the site can be taken from Dodson Road and South Western Highway. A copy of the access plan is attached at Appendix DWS-1 The Dodson Road access is located 40m from the South Western Highway intersection, and the South Western Highway egress is located 80m from Dodson Road. This section of Dodson Road carries 5,800vpd of which 13% are classified as heavy vehicles (January 2012). This section of South Western Highway carries over 14,700vpd of which 11% are classified as heavy vehicles (October 2011). During peak periods, access to the site is difficult, as traffic along Dodson Road queues past the access point. Vehicles turning right into the site can be held up by the queue and can subsequently cause traffic turning from South Western Highway to queue. This situation was addressed in 2009/10 when the City worked with Main Roads WA to establish a Clear Zone envelope coinciding with the Dodson Road access. The Clear Zone requires queuing vehicles to maintain a clear area for vehicles accessing Morrissey Homestead. Post installation, the Clear Zone has improved the accessibility to the site and has improved the movement of southbound vehicles along Dodson Road.
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Main Roads has long term plans which show this section of South Western Highway being developed to a dual carriageway in the future. Council Policy Compliance Crossover compliance criteria are documented on the crossover application form. Legislative Compliance Main Roads has authority over South Western Highway. Officer Comments Access to this site is difficult due to its proximity to a heavily traffic intersection. The existing intersection enjoys dedicated left and dedicated right turn lanes at Dodson Road. The future layout of this intersection is likely to be a signalised T junction or signalised four-way intersection with South Western Highway as a dual carriageway. The timing and exact land use planning parameters defining the future intersection are not known at this time. However, access to land to the north needs to be considered. The high proportion of heavy vehicles indicates that the future intersection design layout will be quite large to accommodate turning semi-trailers. This arrangement will make a right turn access to Morrissey Homestead difficult to accommodate. Creation of two left in / left out accesses on Dodson Road and South Western Highway may provide the most effective access arrangement for this site post intersection construction. In the mean time, the access to the site can be improved in two ways: - Relocate the existing access as far south as possible to increase the queuing
space to South Western Highway; and - Open up the South Western Highway crossover to access as well as egress.
Relocating the existing access another 30m south will increase the queuing space on Dodson Road to about 70m. The location of the proposed relocated access coincides with the single lane section of Dodson Road and reduces the risk of non uniform queuing across the Clear Zone markings. Morrissey Homestead and Morrissey Lake recreation area both sit on a single land parcel, Lot 65. There will be no land management administration required, however, the design will need to continue to provide pedestrian access around Morrissey Lake as part of the recreation path network in the area. The crossover on South Western Highway should be widened and opened up to allow access as well as egress. This will take some pressure off the Dodson Road access and allow motorists to choose a preferred access to the site. This section of South Western Highway has sufficient width to accommodate a right turning vehicle, however, there may need to be some carriageway improvements to make it a clear and safe movement. These improvements could include painted turning pockets, broken centre lines or a realigned centre line. This will require Main Roads approval. The applicant has requested administrative and engineering support and has indicated that they will seek contributions from others once they have a cost
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estimate. The applicant has indicated it may seek a contribution from the City if it cannot obtain sufficient external funds. Analysis of Financial and Budget Implications There are some minor budget implications with the design and waiving the fee. The land over which the realigned access is proposed is freehold. Community Consultation Staff met with the applicant on site. Councillor/Officer Consultation Cr Cook, acting as a member of the Morrissey Homestead Board, was present during a site inspection. Engineering staff have been consulted.
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16. Advisory Committee Minutes to be Noted 16.1 Minutes – Bunbury Airport Advisory Committee
File Ref: A04872 Applicant/Proponent: Internal Report Author: Nigel Archibald, Team Leader Airport and Design Executive: Phil Harris, Director Works and Services Attachments: Appendix MTBN-1
The minutes of a meeting of the Bunbury Airport Advisory Committee held on 24 May 2012, are attached at Appendix MTBN-1. For Council information only Executive Recommendation The minutes of a meeting of the Bunbury Airport Advisory Committee held on 24 May 2012, be noted.
16.2 Minutes – CBD Parking Strategy Project Control Group
File Ref: A05307 Applicant/Proponent: Internal Report Author: Neil Dyer, Team Leader Parking Executive: Bob Karaszkewych, Director Planning and Development
Services Attachments: Appendix MTBN-2
The minutes of a meeting of the CBD Parking Strategy Project Control Group held on 2 May 2012, are attached at Appendix MTBN-2. For Council information only Executive Recommendation The minutes of a meeting of the CBD Parking Strategy Project Control Group held on 2 May 2012, be noted.
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16.3 Minutes – Youth Advisory Council
File Ref: A05254 Applicant/Proponent: Internal Report Author: Andrew Rigg, Youth Development Officer Executive: Stephanie Addison-Brown, Director Community and
Customer Services Attachments: Appendix MTBN-3
The minutes of a meeting of the Youth Advisory Council held on 2 May 2012, are attached at Appendix MTBN-3. For Council information only Executive Recommendation The minutes of a meeting of the Youth Advisory Council held on 2 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 31 May 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 31 May 2012 is attached at Appendix ITBN-1. The schedule contains details of the following transactions: 1. Municipal Account - payments totalling $4,821,554.08
3. Visitor Information Centre Trust Account - payments totalling $9,985.50
4. Bunbury-Harvey Regional Council Municipal Account - payments totalling
$1,960,464.97
5. Bunbury-Harvey Regional Council Advance Account - payments totalling
$1,889,517.58
For Committee/Council Information Only. Executive Recommendation The Schedule of Accounts Paid for the period 1 to 31 May 2012 be noted.
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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, ITBN-3 Councillor Murray Cook attended two (2) training sessions and has provided a report on each course. The report from the Leadership Development Workshop held 15 May 2012 in Capel is attached at Appendix ITBN-2 The report from the Local Government Emergency Management Forum held 1 June 2012 in Perth is attached at Appendix ITBN-3 Executive Recommendation The following reports from Councillor Murray Cook be received and noted:
1. Leadership Development Workshop held 15 May 2012.
2. Local Government Emergency Management Forum held 1 June 2012.
For Council information only.
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17.3 Write Off of Account Receivable Balances
File Ref: A00083 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Executive: Wayne Wright, Director Corporate Services Attachments: Appendix ITBN-4 The accumulated balance of Council’s Accounts Receivable for Sundry Debtors, grants and subsidies, and Chargeable Works (General) averages $406,000 monthly. A review of outstanding invoices is regularly conducted to determine that unpaid amounts can be recovered. Debtor’s follow-up of unpaid invoices usually ensures that invoices raised are collected within 90 days of issue. However there are instances where amounts are deemed to be not collectable or the cost of recovery is not economically feasible for the amount outstanding. In all instances: a) All the necessary measures have been taken to recover the debt, b) The debt remains unpaid for a minimum period of 90 days after its date for
payment, and c) A list of debts written off is presented to Council. All endeavours to facilitate collection of the outstanding amounts have been exhausted. The list of debtor’s invoices (as attached at Appendix ITBN-4) totalling $136.38 will be written off as at 30 June 2012. For Council information only. Executive Recommendation The Write Off of Account Receivable Balances be noted
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17.4 Outstanding Community Law and Safety Infringements
File Ref: A00088-02 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Executive: Wayne Wright, Director Corporate Services Attachments: Nil The City aims to collect 90% of infringement notices issued for Parking, Dog Act, Litter, Bushfire, Local Laws and swimming pool infringements issued each year. Debt collection actions include internal efforts by staff and lodging infringements with the State Government Fines Enforcement Register. Community Law and Safety Infringements issued during 2009/2010 total $506K. The amount that has not been recovered to date totals $47K. This represents approximately 9% of infringements issued during the 2009/2010 financial year. Endeavours to facilitate the collection of outstanding infringement will continue, however the certainty of success is reduced after 2 years and it is prudent that these amounts are removed from the financial statements to accurately reflect the collectability of infringements. These infringements have been transferred to the City’s Infringement Debt Collection Register for future debt collection action. The following is a summary of outstanding infringements for 2009/2010 that has been transferred to the City’s Infringement Debt Collection Register for future debt collection action: Infringement: Amount Raised
2009/2010 Outstanding Balance 2009/2010
Parking $362,470 $16,567 Dog Act $53,719 $19,556 Litter $4,451 $1,121 Bushfire $77,999 $7,651 Local Laws $5,251 $958 Off Road Vehicles $1,641 $1,341 Swimming Pool $1,100 $0 Total $506,631 $47,194
For Council information only. Executive Recommendation The Outstanding Community Law and Safety Infringements be noted
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18. Motions on Notice 18.1 Motion on Notice – Art Gallery
File Ref: A00217-02 Applicant/Proponent: Councillor Michelle Steck Author: Councillor Michelle Steck Executive: If adopted by Council refer to: Stephanie Addison-Brown,
Director Community and Customer Services Attachments: Nil
Cr Steck submitted the following motion for the Council Meeting on 26 June 2012: “1. That council continue to lobby the government for an entire funding package
for development of a Regional Art Gallery on the Leschenault Inlet Foreshore and request continued contributions towards running costs.
2. That council endorse the current Regional Gallery Building as the home of the City of Bunbury Art Collection.
3. That council change the name of the old convent building from Bunbury Regional Art Gallery to City of Bunbury Art Gallery and that BRAMB continue to manage the building.”
Comments - Cr Steck In support of her motion, Cr Steck states that, "Council has previously identified the vision of having an Art Gallery on the Leschenault Inlet Foreshore and appointed a Regional Art Gallery Advisory Committee to undertake the task. The RAGAC has examined the opportunity by appointing a consultant to undertake a feasibility study. The original intent of the RAGAC and the proposed outcomes considerably changed from its initial charter. It is not known if the consultant had the correct briefing and as a result has not reasonably grasped the scope of the project and in truth was not really qualified to undertake such a study. The result was the consultants report did not reasonably reflect the potential of developing a Regional Art Gallery on the Leschenault Inlet site. Equally, the current report received from BRAMB management is not sufficient for council to base a final decision on the matter. Firstly there is no economic reason to accept the new position and most of the information is hearsay and not fact. I am also flagging that the author of the report is not qualified in visual arts and does not have a visual arts background. Council should not consider the old convent building for the New Art Gallery as in 2008 Council adopted a report that identified several significant reasons why the old building is not suitable for the future of visual arts for the city of Bunbury. There is no possibility in overcoming those shortfalls. The best outcome for the building is to house the City of Bunbury Art Collection. A new art gallery on the Leschenault Inlet will also protect the area from future Governments Developing the site as previous plans mooted 14 story high buildings on the site. The City of Bunbury requires a significant area to house and display its
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own art collection and the city of Bunbury collection should not be combined with the New Art Gallery. The two products are very different and attract different markets, especially visiting exhibitions which then also impacts on commercial viability. There will be significant opportunities for Bunbury to showcase travelling exhibitions with a new art gallery. A new gallery will also attract higher visitors this is quantified by national statistics and experts within the fields of marketing, tourism and the arts. The main reason the City of Bunbury moved away from developing a new art gallery was due to funding. Funding opportunities and commitment from the Government at this stage has not reasonably been explored." Executive Comments No comment. Cr Steck’s Motion 1. That council continue to lobby the government for an entire funding package
for development of a Regional Art Gallery on the Leschenault Inlet Foreshore and request continued contributions towards running costs.
2. That council endorse the current Regional Gallery Building as the home of the City of Bunbury Art Collection.
3. That council change the name of the old convent building from Bunbury Regional Art Gallery to City of Bunbury Art Gallery and that BRAMB continue to manage the building.
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 State Library of Western Australia – Regional Model
File Ref: A04681 Applicant/Proponent: Internal Report Author: Erin Findlay, Manager Libraries and Learning Executive: Stephanie Addison Brown, Director Community and
Customer Services Attachments: Appendix DCCS-1, DDCS-2 and Confidential Report
CRUSC-1 Summary The State Library of Western Australia has redeveloped its Regional Model. As one of eleven (11) Regional libraries that support rural libraries, The City of Bunbury must determine its commitment to this new version of the Regional model for 2012/13. A copy of the Framework Agreement between the State and Local Government for the provision of public library services in Western Australia (Regional Model) is attached at Appendix DCCS-1 Executive Recommendation That Council support the signing of Schedule C of the Regional Model Agreement to continue as the Regional Library for the South West Region for 2012/13 and to share costs of a region specific Activity Plan. Background The Regional Model has operated in Western Australian Libraries for over 30 years. The City of Bunbury is one of 11 Local Government Agencies (LGA’s) that has provided State Government-contracted support through this model. The City of Bunbury has provided support including: training, purchasing of stock through the State Library and coordinating regional meetings to the following libraries in the South West Region: Augusta Dunsborough Australind Eaton Balingup Harvey Boyanup Manjimup Boyup Brook Margaret River Bridgetown Murray Busselton Nannup Capel Northcliffe Collie Pemberton Dalyellup Walpole Dardanup Waroona Doonybrook Yarloop
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In 2007 the State Library of WA in conjunction with WALGA launched a review of the WA public library system. The outcomes of this review were vast but included redeveloping and enhancing this Regional Model. The main focus of this redevelopment was: - For Regional Libraries to take on a leadership role, as opposed to their
previous operational support role, and - To take a business planning approach to delivery of regional support
services, including development of annual regional Activity Plans, coordinated by the appropriate Regional Library on behalf of participating LGA libraries.
LGA’s are being asked to commit to this new model by signing Schedule C of the Regional Model Agreement by 30 June 2012 (refer attached Appendix DCCS-2 for a sample of Schedule C). Legislative Compliance N/A Analysis of Financial and Budget Implications In 2011/12 the City of Bunbury received funding from the State Library to complete Regional duties. Including: - 100% travel and subsistence costs for Regional Librarian visits. - 50% subsistence and travel costs for Regional Librarian visits to Perth to
attend meetings, select exchanges and perform regional duties. - Other costs such as telecommunications, stationery and postage. In the 2012/13 proposed model this funding will fall under cost sharing arrangements between The State Library, The City of Bunbury and regional LGAs in an annual region-specific fully costed Activity Plan (attached as a Confidential Report CRUSC-1). Elements of the Activity Plan include: - Visits - Training - And support services provided by the Regional Library to participating LGAs. Prior to the Activity Planning process it was determined how cost sharing will occur: - The State Library will subsidise salary costs associated with back-filling
positions when Regional Librarians or their representatives are away performing regional duties.
- The State Library will reimburse 100% of Regional Librarians’ travel and accommodation costs for four quarterly visits to the State Library.
- The State Library, host regional LGA and other regional LGAs will negotiate the costs of in-region travel and accommodation associated with carrying out the Activity Plan..
- The State Library will subsidise planning, signing and reporting on the Activity Plan with a ceiling of $400, $200 and $350 for each function respectively.
- The cost for general support of rural libraries and training remains a shared cost with the Regional library meeting 50% of this cost.
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Using these criteria the Activity Plan for 2012/13 for the City of Bunbury has been estimated at $5,600 per annum for salaries shared across the various library professionals. In turn the State Library contribution is estimated at $13,100. Until 30 June 2012 it will be unknown as to which LGA’s in the South West Region will choose to participate. This variable may change the contribution amounts as well as delaying any consultation with LGA’s in the region in regards to cost recovery. Community Consultation As part of WA Public Library System Review Libraries Alive!, a specialist libraries consulting company was engaged by the State Library of Western Australia to survey libraries in regards to the Regional Model. The results and recommendations of this survey have assisted in constructing this proposed new Regional Model. At this stage no Regional LGA has not officially committed itself to opting in or out of the model, however The Shire of Kalgoorlie and the City of Albany have stated that they will not sign Schedule C of the Regional Model Agreement unless there is full cost recovery for their LGA’s. Delegation of Authority There is no delegation of authority pertaining to this item. Relevant Precedents There are no relevant precedents pertaining to this item.
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20.2 Tender Supply and Delivery of Organics Collection Bins RFT 2011
2012-14 File Ref: A04880 s/f1836 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property Executive: Phil Harris, Director Works and Services Attachments: Appendix CRUSC-2
Summary The City has utilised the WALGA preferred supplier contract C002/11 to obtain competitive prices for the supply and delivery of Organics Collection Bins for the proposed organic waste collection service. The bins will be lime green and clearly identified for use as collection of organic materials. The City will be conducting further public advertising prior to implementing this service. Executive Recommendation Council accepts the offer of $651,240.00 (exclusive of GST) from Mastec Australia Pty Ltd being for the supply and delivery of 240 litre and 140 litre Organics Collection Bins. Background The Western Australia Local Government Association (WALGA) Preferred Supplier Contract “Provision of Waste Goods and Services Contract No C 002/11” was utilised to obtain written quotations from the pre approved suppliers for the supply and delivery of Organic Collection Bins. The new bins are required to service the City’s proposed Organics Collection Service which is scheduled to commence in October/November 2012. The organic waste will be stockpiled and mulched for reuse rather than buried in landfill. WALGAs E-Quote system was used to obtain quotations, and at close of quotations four electronic responses were received from:
1 MASTEC Australia Pty Ltd 25 Temple Court, Ottoway SA 5013 2 GC Sales (WA) Pty Ltd Unit 4/16 Oxleigh Drive, Malaga WA 6090 3 SULO MGB Australia PO Box 1957 Gosford NSW 2250 4 Perth Green Recycling PO Box 6 Cottesloe WA 6911
An Evaluation Panel consisting of the Manager Waste Services, Waste Services Supervisors and the Manager Contracts and Property was established to assess the submissions and compare products and prices. The results are provided under separate cover (confidential report CRUSC-2) Price The tendered prices have been assessed and because they are considered to be commercial in confidence, details have been provided under separate cover (confidential report CRUSC-2)
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Council Policy Compliance The procurement process complies with the requirements of WALGAs Preferred Supplier Contract (C 002/11) and the Local Government (Functions and General) Regulations. Councils CD2 Local Purchasing Policy has been implemented but does not affect the results. Legislative Compliance The calling of Tenders has been undertaken by WALGA conducting an open public tender in conformance with the Local Government (Functions and General) Regulations, 1996 in order to establish the preferred Supplier Contract “Provision of Waste Goods and Services C 002/11”. Analysis of Financial and Budget Implications A budget allocation of $682,000 for the introduction and procurement of the Organics Collection Bins has been allowed for in the Waste Operations Budget 2011/2012. The recommended suppliers offer is within the available budget. Delegation of Authority The total cost of the contract exceeds the value of $500,000. The contract has been dealt with in accordance with the Local Government (Function and General) Regulation 1996. Relevant Precedents Council has dealt with all tenders previously called.
Blair Street Road Reserve Adjacent Lot 107 Strickland Street, Bunbury
File Ref: P09230-20 Applicant/Proponent: Citygate Properties Pty Ltd Author: Mark Robson, Manager Contracts and Property Executive: Wayne Wright, Director Corporate Services Attachments: Appendix CRUSC-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 located in the Blair Street frontage. The applicant has also requested to be granted a Deed of License over a 560m² 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. This portion of road reserve forms an elongated shaped parcel of approximately 3.2 metres wide x 178metres long and generally runs parallel to and fronting Blair Street. The City has obtained a revised Valuation from Landgate dated 5 June 2012, Plan A of the valuation identifies the agreed area and rental value and as this is considered confidential it has been provided under separate cover (Appendix CRUSC-3) Executive Recommendations Part one: Pursuant to procedural motion 15.9.2 of the City of Bunbury Standing Orders, the matter is to be "raised from the table" in order for further discussion to be undertaken. Part two: Council agrees to grant Citygate Properties Pty Ltd a 21 year Deed of Licence this is based on a ten (10) year period with an option for a further eleven (11) year term over Portion of Blair Street Road Reserve adjacent to Lot 107 Strickland Street, Bunbury and is subject to the following: 1. The agreed rental value is that identified in the Landgate Valuation for Plan A
approximately 560m² @ $7,500 per annum exclusive of GST.
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 will engage a traffic consultant acceptable to council to prepare
a traffic management study of the proposed car park area.
4. The applicant is to pay the full cost of the development works, document preparation, registration fees, surveying, valuation assessments, advertising,
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legal costs and associated landscaping and maintenance to the satisfaction of the City.
5. The intention to licence the land is to be advertised locally in accordance with
the provision of Section 3.58 of the Local Government Act 1995.
6. Approval be sought from Minister of Lands. Background Proposed Deed of Licence details will be as follows: Commencement: At approval of the development application and
satisfactory results from a traffic management study. Term: Twenty one (21) years, based on a 10 year term with
an option for a further 11 year term. Expiry Date: 2022 Further Term: 11 year option expiry date:2033 Rental: A market valuation is to be determined by Landgate
Valuation Services; based on the land only. Rent Review: CPI annually on each anniversary of the commencing
date during the Term and any further term. Outgoings: Responsibility of the applicant. Permitted Use: Car Parking Insurance: The Licensee to maintain Public Risk and General
Insurance Policies over the licensed area with Public Liability to be set at $20(M)
Document Preparation:
The Licensee is responsible for full costs of document preparation, registration and advertising associated with the application for the licence.
Recommendations as of 22 May 2012 At the Council meeting held on the 22nd May the following recommendations were to “lay on the table” until further discussions with the Applicant be undertaken. The Applicant has been contacted and is agreeable to the revised recommendations as per the 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.
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5. The Contract of Sale and legal transaction is to be managed by Slee Anderson & Pidgeon Lawyers.
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 local public notice will be given inviting submissions to be made to the City of Bunbury. 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, surveying, valuation assessments, advertising and associated landscaping and maintenance. The proposal also requires the applicant to meet the annual licence fee and any outgoing fees. Community Consultation The intention to licence portion of Blair Street Road Reserve adjacent to Lot 107 Strickland Street, Bunbury will be advertised in the South Western Times newspaper, the City of Bunbury’s website and public noticeboards, inviting submissions in accordance with the Local Government Act 1995. 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. Economic, Social, Environmental and Heritage Issues Social The use of the licensed area for the purpose of car parking will encourage customers to the business sector in close proximity 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 and the licence during the term.
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Heritage There are no known heritage issues in relation to this proposal. Delegation of Authority The Chief Executive Officer has delegated authority to negotiate the terms and conditions of this proposal to grant a licence before documentation is finalised. Relevant Precedents The City of Bunbury has previously granted a Licence Agreement to Calardu Bunbury (WA) Pty Ltd, owner of Lot 56 Sandridge Road, over portion of Sandridge Road, road reserve to increase the public/shopper car park area by twenty one (21) bays. This licence agreement required the applicant to meet the full cost of development, landscaping and maintenance.
21. Close of Meeting
Back to Index
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APPENDICES
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APPENDIX CEO-1
CITY OF BUNBURY Proposed Standing Orders Local Law 2012 City of Bunbury
4 Stephen StreetBunbury WA 6230
Western Australia
Correspondence to:Post Office Box 21
Bunbury WA 6231
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RETURN
WESTERN AUSTRALIA _____________
Local Government Act 1995
CITY OF BUNBURY
Proposed Standing Orders Local Law 2012
Table of Contents
Part 1 - Preliminary 1.1 Citation 1.2 Commencement 1.3 Application and intent 1.4 Interpretation 1.5 Repeal
Part 2 – Establishment and membership of committees 2.1 Establishment of committees 2.2 Types of committees 2.3 Delegation of some powers and duties to certain committees 2.4 Limits on delegation of powers and duties to certain committees 2.5 Appointment of committee members 2.6 Tenure of committee membership 2.7 Resignation of committee members 2.8 Register of delegations to committees 2.9 Committees to report
Part 3 - Calling and convening meetings 3.1 Ordinary and special Council meetings 3.2 Calling Council meetings 3.3 Convening Council meetings 3.4 Calling committee meetings 3.5 Public notice of meetings
Part 4 – Presiding Member and quorum Division 1: Who presides 4.1 Who presides 4.2 When the Deputy Mayor/Deputy President can act 4.3 Who acts if no Mayor/President 4.4 Election of Presiding Members of committees 4.5 Election of Deputy Presiding Members of committees 4.6 Functions of Deputy Presiding Members 4.7 Who acts if no Presiding Member Division 2 – Quorum 4.8 Quorum for meetings 4.9 Reduction of quorum for Council meetings 4.10 Reduction of quorum for committee meetings 4.11 Procedure where no quorum to begin a meeting 4.12 Procedure where quorum not present during a meeting 4.13 Names to be recorded
Part 5 - Business of a meeting 5.1 Business to be specified 5.2 Order of business 5.3 Motions of which previous notice has been given 5.4 New business of an urgent nature
5.5 Adoption by exception resolution
Part 6 - Public participation 6.1 Meetings generally open to the public 6.2 Meetings not open to the public 6.3 Question time for the public 6.4 Question time for the public at certain meetings 6.5 Minimum question time for the public 6.6 Procedures for question time for the public 6.7 Other procedures for question time for the public 6.8 Distinguished visitors 6.9 Deputations 6.10 Petitions 6.11 Presentations 6.12 Participation at committee meetings 6.13 Council may meet to hear public submissions 6.14 Public Inspection of agenda materials 6.15 Confidentiality of information withheld 6.16 Recording of proceedings 6.17 Prevention of disturbance
Part 7 - Questions by Members 7.1 Questions by Members
Part 8 – Conduct of Members 8.1 Members to be in their proper places 8.2 Respect to the Presiding Member 8.3 Titles to be used 8.4 Advice of entry or departure 8.5 Members to indicate their intention to speak 8.6 Priority of speaking 8.7 Presiding Member may take part in debates 8.8 Relevance 8.9 Speaking twice 8.10 Duration of speeches 8.11 No speaking after conclusion of debate 8.12 No interruption 8.13 Personal explanations 8.14 No reopening of discussion 8.15 Adverse reflection 8.16 Withdrawal of offensive language
Part 9 - Preserving order 9.1 Presiding Member to preserve order 9.2 Point of order 9.3 Procedures on a point of order 9.4 Calling attention to breach 9.5 Ruling by the Presiding Member 9.6 Continued breach of order 9.7 Right of Presiding Member to adjourn
Part 10 - Debate of substantive motions 10.1 Motions to be stated and in writing 10.2 Motions to be supported 10.3 Unopposed business 10.4 Only one substantive motion at a time 10.5 Order of call in debate 10.6 Limit of debate 10.7 Member may require question to be read 10.8 Consent of seconder required for alteration 10.9 Order of amendments
10.10 Form of an amendment 10.11 Amendment must not negate original motion 10.12 Relevance of amendments 10.13 Mover of motion may speak on amendment 10.14 Effect of an amendment 10.15 Withdrawal of motion or amendment 10.16 Right of reply
Part 11 - Procedural motions 11.1 Permissible procedural motions 11.2 No debate 11.3 Who may move 11.4 Procedural motions - right of reply on substantive motion 11.5 Meeting to proceed to the next item of business 11.6 Debate to be adjourned 11.7 Meeting now adjourn 11.8 Question to be put 11.9 Member to be no longer heard 11.10 Ruling of the Presiding Member to be disagreed with
Part 12 - Disclosure of interests 12.1 Disclosure of interests
Part 13 - Voting 13.1 Question - when put 13.2 Voting 13.3 Majorities required for decisions 13.4 Method of taking vote
Part 14 – Minutes of meetings 14.1 Keeping of minutes 14.2 Content of minutes 14.3 Public inspection of unconfirmed minutes 14.4 Confirmation of minutes
Part 15 - Adjournment of meeting 15.1 Meeting may be adjourned 15.2 Effect of adjournment
Part 16 – Revoking or changing decisions 16.1 Requirements to revoke or change decisions 16.2 Limitations on powers to revoke or change decisions 16.3 Implementing a decision
Part 17 - Suspension of Local Laws 17.1 Suspension of Local Laws 17.2 Where Local Laws do not apply 17.3 Cases not provided for in Local Laws
Part 18 - Meetings of electors 18.1 Electors' general meetings 18.2 Matters for discussion at electors' general meetings 18.3 Electors' special meetings 18.4 Requests for electors' special meetings 18.5 Convening electors' meetings 18.6 Who presides at electors' meetings 18.7 Procedure for electors' meetings 18.8 Participation of non-electors 18.9 Voting at electors' meetings 18.10 Minutes of electors' meetings 18.11 Decisions made at electors' meetings
Part 19 – Briefings and other informal meetings 19.1 Briefings and other informal meetings
Part 20 - Enforcement 20.1 Penalty for Breach 20.2 Who can prosecute
Part 21 – Common Seal 21.1 City of Bunbury Common Seal
Page 1
LOCAL GOVERNMENT ACT 1995
CITY OF BUNBURY
STANDING ORDERS LOCAL LAW 2012
Under the powers conferred by the Local Government Act 1995 and under all other relevant powers enabling it, the Council of the City of Bunbury resolved on [INSERT DATE] to make the following Local
Law.
Part 1 - Preliminary
1.1 Citation (1) This Local Law may be cited as the City of Bunbury Standing Orders Local Law
2012. 1.2 Commencement
By virtue of section 3.14 of the Act, These This Local Laws will come into operation 14 days after the date of their publication in the Government Gazette.
1.3 Application and intent
(1) These This Local Laws provides rules and guidelines which apply to the conduct of all meetings, whether formal or informal, of the Council, its committees and to meetings of electors.
(2) All meetings are to be conducted in accordance with the Act, the Regulations and these Local Laws this Local Law.
(3) This Local Law is These Local Laws are intended to result in– (a) Better decision-making by the Council and committees; (b) The orderly conduct of meetings dealing with Council business; (c) Better understanding of the process of conducting meetings; and (d) The more efficient and effective use of time at meetings.
1.4 Interpretation
(1) In these Local Laws this Local Law unless the context otherwise requires–
absolute majority has the meaning given to it in the Act; 75% majority has the meaning given to it in the Act; Act means the Local Government Act 1995; CEO means the Chief Executive Officer of the Local Government; City means the City of Bunbury; committee means a committee of the Council established under section 5.8 of the Act; committee meeting means a meeting of a committee; Council means the Council of the City of Bunbury, Employee means an employee of the City of Bunbury, Local Government means the City of Bunbury, Mayor/President means the Mayor/President of the Local Government or other Presiding Member at a Council meeting under section 5.6 of the Act; meeting means a meeting of the Council or a committee, as the context requires; Member has the meaning given to it in the Act; Presiding Member means: (a) in respect of the Council, the person presiding under section 5.6 of the Act;
and (b) in respect of a committee, the person presiding under sections 5.12, 5.13,
and 5.14 of the Act; Regulations means the Local Government (Administration) Regulations 1996; simple majority means more than 50% of the members present and voting; and,
City of Bunbury Proposed Standing Orders Local Law 2012
substantive motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion.
(2) Unless otherwise defined in these Local Laws this Local Law, the terms and
expressions used in this Local Law these Local Laws are to have the meaning given to them in the Act and Regulations.
1.5 Repeal
(1) The following Local Laws are repealed: The City of Bunbury Local Law - Standing Orders as published in the Government Gazette on 13 January 2000 13/01/2000 is repealed.
Part 2 – Establishment and membership of committees
2.1 Establishment of committees (1) The establishment of committees is dealt with in the Act. (2) A Council resolution to establish a committee under section 5.8 of the Act is to
include– (a) the terms of reference of the committee; (b) the number of council members, employees and other persons to be
appointed to the committee; (c) the names or titles of the council members and employees to be appointed
to the committee; (d) the names of other persons to be appointed to the committee or an
explanation of the procedure to be followed to determine the appointments; and
(e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.
(3) These Local Laws are This Local Law is to apply to the conduct of committee meetings.
2.2 Types of committees
The types of committees are dealt with in the Act.
2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act.
2.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act.
2.5 Appointment of committee members The appointment of committee members is dealt with in the Act.
2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act.
2.7 Resignation of committee members The resignation of committee members is dealt with in the Regulations.
2.8 Register of delegations to committees The register of delegations to committees is dealt with in the Act.
2.9 Committees to report A committee– (1) is answerable to the Council; and (2) is to report on its activities when, and to the extent, required by the Council.
City of Bunbury Proposed Standing Orders Local Law 2012
Part 3 - Calling and convening meetings
3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council held on a monthly basis or otherwise as
determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.
(3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.
3.2 Calling Council meetings The calling of Council meetings is dealt with in the Act.
3.3 Convening Council meetings
(1) The convening of a Council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the
purposes of section 5.5, in convening a special meeting of the Council. (3) Where, in the opinion of the Mayor/President or at least one-third of the Members,
there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.
3.4 Calling committee meetings
The CEO is to call a meeting of any committee when requested by the Mayor/President, the Presiding Member of a committee or any two members of that committee.
3.5 Public notice of meetings
Public notice of meetings is dealt with in the Regulations.
Part 4 – Presiding Member and quorum
Division 1: Who presides
4.1 Who presides Who presides at a Council meeting is dealt with in the Act.
4.2 When the Deputy Mayor/Deputy President can act When the Deputy Mayor/Deputy President can act is dealt with in the Act.
4.3 Who acts if no Mayor/President Who acts if there is no Mayor/President is dealt with in the Act.
4.4 Election of Presiding Members of committees The election of Presiding Members of committees and their deputies is dealt with in the Act.
4.5 Election of Deputy Presiding Members of committees The election of Deputy Presiding Members of committees is dealt with in the Act.
4.6 Functions of Deputy Presiding Members The functions of Deputy Presiding Members are dealt with in the Act.
4.7 Who acts if no Presiding Member Who acts if no Presiding Member is dealt with in the Act.
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Division 2 – Quorum
4.8 Quorum for meetings
The quorum for meetings is dealt with in the Act.
4.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act.
4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act.
4.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations.
4.12 Procedure where quorum not present during a meeting If at any time during a meeting a quorum is not present, the Presiding Member is–
(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and
(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the meeting to some future time or date.
4.13 Names to be recorded
At any meeting– (a) at which there is not a quorum present; or (b) which is adjourned for want of a quorum,
the names of the Members then present are to be recorded in the minutes.
Part 5 - Business of a meeting
5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than
that specified in the agenda, without the approval of the Presiding Member or the Council.
(2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting.
(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other than that– (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved.
(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering Reports (Item 10) at that ordinary meeting.
5.2 Order of business
(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council is to be as follows–
1. Declaration of Opening/Announcement of Visitors 2. Disclaimer 3. Announcements from the Presiding Member 4. Attendance
4.1 Apologies 4.2 Approved leave of absence
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5. Declaration of interest 6. Public Question Time
6.1 Response to previous public questions taken on notice 6.2 Public question time
7. Confirmation of minutes and tabling of notes of briefings and other meetings under clause 19.1
9. Method of dealing with agenda business 10. Reports 11. Applications for leave of absence 12. Motions of which previous notice has been given 13. Questions from Members
13.1 Response to previous questions from Members taken on notice 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 15.2 Public reading of resolutions that may be made public
15. Closure
(2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting.
(3) In determining the order of business for any meeting of the Council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. [See section 5.24 of the Act; and regulations 6 & 7 of the Regulations]
5.3 Motions of which previous notice has been given
(1) Unless the Act, Regulations or these Local Laws this Local Law otherwise provides, a Member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda.
(2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the meeting at which the motion is moved.
(3) A notice of motion is to relate to the good governance of the district. (4) The CEO–
(a) may, with the concurrence of the Mayor/President, may exclude from the agenda paper any notice of motion deemed to be, or likely to involve, a breach of this Local Law any of these Local Laws or any other written law;
(b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion;
(c) may, after consultation with the Member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and
(d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless– (a) the Member who gave notice of it, or some other Member authorised by the
originating Member in writing, moves the motion when called on; or (b) the Council on a motion agrees to defer consideration of the motion to a
later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in
the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse.
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5.4 New business of an urgent nature
(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting.
(2) In subclause (1), 'cases of extreme urgency or other special circumstances' means matters that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the Local Government and must be considered and dealt with by the Council before the next meeting.
5.5 Adoption by exception resolution
(1) In this clause 'adoption by exception resolution' means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the employee recommendation as the Council resolution.
(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.
(3) An adoption by exception resolution may not be used for a matter– (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is
different to the recommendation.
Part 6 - Public participation
6.1 Meetings generally open to the public
Meetings being generally open to the public is dealt with in the Act.
6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be
closed to members of the public. (2) The Council or a committee, in one or more of the circumstances dealt with in the
Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried–
(a) the Presiding Member is to direct everyone to leave the meeting except– (i) the Members; (ii) the CEO; and (iii) any employee specified by the Presiding Member; and
(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides otherwise.
(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding Member, be removed from the meeting.
(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be suspended until the Council or the committee, by resolution, decides otherwise.
(6) A resolution under this clause may be made without notice. (7) Unless the Council resolves otherwise, once the meeting is reopened to members
of the public, the Presiding Member is to ensure that any resolution of the Council made while the meeting was closed is to be read out including a vote of a Member to be included in the minutes.
6.3 Question time for the public
Question time for the public is dealt with in the Act.
6.4 Question time for the public at certain meetings
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Question time for the public at certain meetings is dealt with in the Regulations.
6.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations.
6.6 Procedures for question time for the public Procedures for question time for the public are dealt with in the Regulations.
6.7 Other procedures for question time for the public (1) In this clause–
(a) a “person” means a member of the public; and (b) a “question” includes a part of a question. (so that a question in 3 parts is to
be treated as being 3 questions). (2) Unless the Presiding Member determines otherwise, a person may ask up to 3
questions at a meeting. (3) A person who wishes to ask a question at a meeting must–
(a) before the commencement of the meeting, complete a question form provided by the City Local Government (available from the Local Government’s website, customer service centre and Council Chambers) and place the completed form in the question tray provided by the Local Government; and
(b) be present at the meeting when the question is asked. (4) A completed question form must include–
(a) the name and residential or contact address of the person who wishes to ask the question; and
(b) the terms of no more than 3 questions that the person wishes to ask. Note – a question form that does not include the residential or contact address of the person is to be treated as correspondence – see clause 6.7(7) below. (5) In cases of disability or other extenuating circumstances–
(a) the City Local Government if requested to do so, is to assist a person to complete a question form; and
(b) in the absence of that assistance, the Presiding Member may permit a person to ask a question that was not included on a question form.
(6) The Presiding Member may decide that a question is out of order, and is not to be recorded or responded to– (a) if the same or a similar question was asked at a previous meeting, a
response was provided and the person is directed to the minutes of the meeting at which the response was provided;
(b) if it is not in the form of a question or, having regard to its content and length, is essentially a statement or expression of opinion rather than a question;
(c) if, in respect of a Council meeting, the question does not relate to a matter affecting the City Local Government;
(d) if, in respect of a special meeting of the Council, the question does not relate to the purpose of the meeting;
(e) if, in respect of a committee meeting, the question does not relate to a function of the committee; or
(f) if the question uses an offensive or objectionable expression or is defamatory
(7) If, in the opinion of the Presiding Member, a question requires further research or cannot be answered satisfactorily at the meeting, or if a question form does not contain the name and residential or contact address of the person who wishes to ask the question– (a) the Presiding Member may determine that the question is to be treated as
correspondence or is to be taken on notice; (b) the CEO, unless of the opinion that a response would divert a substantial
and unreasonable portion of the City’s Local Government’s resources away
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from its other functions, is to ensure that a written response is given as soon as practicable after the meeting to the person who asked the question; and
(c) if a question is treated as correspondence, the question, but not the response, is to be recorded in the minutes of the meeting.
(8) Unless subclause (6) or (7) applies– (a) the Presiding Member is either to read out each question to ensure that
each question is displayed electronically in a form that may be viewed by members of the public attending the meeting.
(b) the Presiding Member is to respond personally or is to ask another Member or an employee to respond to the question; and
(c) a summary of the question and response is to be recorded in the minutes of the meeting.
(9) A response to a question is not to be the subject of any discussion, except that if, in the opinion of a Member, false information or any adverse reflection is contained in any question asked or comments made by any member of the public, then, through the Presiding Member, the Member may correct or clarify the matter.
(10) The Presiding Member may extend question time for up to 15 minutes after the end of the minimum time for questions.
6.8 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and the presence of that visitor shall be recorded in the minutes.
6.9 Deputations
(1) A person or group who completes and submits, with at least 24 hours notice, a “Request for Deputation” application form (available from the Local Government’s website and customer service centre) may be received as a deputation– (a) at an agenda briefing session (b) if the Council determines, at a Council Meeting.
(2) The CEO may either– (a) approve the request and invite the deputation to attend an agenda briefing
under clause 19.1; or (b) refer the request to the Council to decide by simple majority whether or not
to receive the deputation and , if so, the meeting or briefing at which it is to be received
(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting or an informal briefing or meeting under clause 19.1– (a) is not to exceed 5 persons, only 2 of whom may address the Council,
although others may respond to specific questions from Members; (b) is not to address the Council for a period exceeding 10 minutes without the
agreement of the Council; and (c) additional members of the deputation may be allowed to speak with the
leave of the Presiding Member. (4) Any matter which is the subject of a deputation to the Council is not to be decided
by the Council until the deputation has completed its presentation.
6.10 Petitions (1) A petition is to–
(a) be addressed to the Mayor/President; (b) be made by electors of the district; (c) state the request on each page of the petition; (d) contain the name, address and signature of each elector making the
request, and the date each elector signed; (e) contain a summary of the reasons for the request; and (f) state the name of the person to whom, and an address at which, notice to
the petitioners can be given. (2) Upon receiving a petition, the Local Government is to–
a) receive the petition and submit it to the relevant officer to be included in his or her report deliberations (to be submitted within the next two rounds of
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Council meetings) on the matter that is the topic of the petition, subject to subclause(3).
b) If in the opinion of the Presiding Member the subject or topic of the petition does not fall within the jurisdiction of the Council, reject the petition.
(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented to that meeting, unless– (a) the matter is the subject of a report included in the agenda; and (b) the Council has considered the issues raised in the petition.
6.11 Presentations
(1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on behalf of the Local Government or the community.
(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.
6.12 Participation at committee meetings
(1) In this clause a reference to a person is to a person who– (a) is entitled to attend a committee meeting; (b) attends a committee meeting; and (c) is not a member of that committee.
(2) Without the consent of the Presiding Member, no person is to address a committee meeting.
(3) The Presiding Member of a committee may allow a person to make an oral submission to the committee for up to 3 minutes.
(4) A person addressing the committee with the consent of the Presiding Member is to cease that address immediately after being directed to do so by the Presiding Member.
(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by order of the Presiding Member, be removed from the committee room.
(6) The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting.
6.13 Council may meet to hear public submissions
(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard.
(2) Where a resolution is made under subclause (1), the The CEO and the Mayor/President shall set the time and date of the meeting to provide the opportunity to be heard.
(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the Presiding Member shall– (a) instruct the CEO to provide local public notice of the time and date when the
Council will meet to provide an opportunity to be heard; (b) provide a written invitation to attend the meeting to provide the opportunity
to be heard to all members of the public who have applied under clause 6.9 to make a deputation on the issue; and
(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.
(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall not make resolutions at a meeting to provide the opportunity to be heard.
(5) At a meeting held under subclause (1), each person making a submission shall be provided with the opportunity to fully state his or her case.
(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period may be extended at the discretion of the Presiding Member.
(7) Once every member of the public has had the opportunity to make a submission the Presiding Member is to close the meeting.
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(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting.
(9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO’s report under subclause (8).
6.14 Public Inspection of agenda materials
The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of the Regulations may be exercised at City of Bunbury Administration Building, 4 Stephen Street Bunbury and on the Local Government’s website.
6.15 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the
Regulations is to be– (a) identified in the agenda of a Council meeting under the item “Matters for
which meeting may be closed”; (b) marked “Confidential” in the agenda; and (c) kept confidential by Employees and Members until the Council resolves
otherwise. (2) A member or an employee who has–
(a) confidential information under subclause (1); or (b) information that is provided or disclosed for the purpose of or during a
meeting, or part of a meeting, that is closed to the public. (c) must not disclose any of that information to any person other than another
member or an employee to the extent necessary for the purpose of carrying out his or her duties. Penalty $5,000
(3) Subclause (2) does not prevent a member or employee from disclosing information– (a) at a closed meeting; (b) to the extent specified by the Council and subject to such other conditions
as the Council determines; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner (engaged by the Council) for the purpose of obtaining
legal advice; or (g) if the disclosure is required or permitted by law.
6.16 Recording of proceedings
(1) The Local Government may direct that an audio or video recording of a meeting of the Council or a committee be made.
(2) In the event of a recording being made under subclause (1), the Presiding Member is to advise the meeting, immediately before the meeting is commenced, that such a recording will be taking place.
(3) A person, other than the Local Government, is not to use any electronic, visual or vocal audio recording device or instrument to record the proceedings of the Council without the permission of the Presiding Member.
(4) If the Presiding Member gives permission under subclause (3), the Presiding Member is to advise the meeting, immediately before the meeting is commenced, that such permission has been given and the nature and extent of that permission.
6.17 Prevention of disturbance
(1) A reference in this clause to a person is to a person other than a member. (2) A person addressing the Council or a committee shall extend due courtesy and
respect to the Council or the committee and the processes under which it operates and shall comply with any direction by the Presiding Member.
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(3) A person present at or observing a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means.
(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of the Council or committee
(5) The Presiding Member may warn a person who fails to comply with tis clause. (6) If–
(a) after being warned, the person again acts contrary to this clause, or to these Standing Orders; or
(b) a person refuses or fails to comply with a direction by the Presiding Member,
the Presiding Member may expel the person from the meeting by ordering him or her to leave the meeting room.
(7) A person who is ordered to leave the meeting room and fails to do so may, by order of the Presiding Member, be removed from the meeting room and, if the Presiding Member orders, from the premises.
Part 7 - Questions by Members
7.1 Questions by Members
(1) Members may ask questions relating to an item on the notice paper or on matters related to the good government of persons in the district.
(2) A Member requesting general information from an employee at a Council meeting may ask a question without notice and with the consent of the Presiding Member, may ask one or more further questions of that employee or another employee present at the meeting.
(3) Where possible the employee shall endeavour to answer the question to the best of his or her knowledge and ability, however, if the information is unavailable or the answer requires research or investigation, the employee may ask that– (a) the question be placed on notice for the next meeting of Council; and (b) the answer to the question be given to the Member who asked it within 14
days. (4) Every question and answer–
(a) is to be brief and concise; and (b) is not to be accompanied by argument, expression of opinion or statement
of facts, except to the extent necessary to explain the question or answer. (5) In answering any question, an employee may qualify his or her answer and may at
a later time in the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.
Part 8 – Conduct of Members
8.1 Members to be in their proper places
(1) At the first meeting held after each Election Day, the CEO is to; conduct a ballot to determine the seating position of each member at the Council table.
(2) Each Member is to occupy his or her allotted position at each Council meeting.
8.2 Respect to the Presiding Member After the business of a Council has been commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member.
8.3 Titles to be used A speaker, when referring to the Mayor/President, Deputy Mayor/Deputy President or Presiding Member, or a Member or Employee, is to use the title of that person's office.
8.4 Advice of entry or departure
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During the course of a meeting of the Council, a Member is not to enter or leave the meeting without first advising the Presiding Member, in order to facilitate the recording in the minutes of the time of entry or departure.
8.5 Members to indicate their intention to speak A Member of the Council who wishes to speak is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council.
8.6 Priority of speaking (1) Where two or more Members indicate, at the same time, their intention to speak,
the Presiding Member is to decide which Member is entitled to be heard first. (2) A decision of the Presiding Member under subclause (1) is not open to discussion
or dissent. (3) A Member is to cease speaking immediately after being asked to do so by the
Presiding Member.
8.7 Presiding Member may take part in debates The Presiding Member may take part in a discussion of any matter before the Council, subject to compliance with these Local Laws this Local Law.
8.8 Relevance (1) When addressing a meeting on any motion, amendment, or other business, a A
Member is to restrict his or her remarks to that the motion, or amendment, or other business, under discussion, or to a personal explanation or point of order, and not digress.
(2) The Presiding Member, at any time, may: (a) call the attention of the meeting to:
(i) any irrelevant, repetitious, offensive or insulting language by a Member; or
(ii) any breach of order or decorum by a Member; and (b) direct that Member, if speaking, to discontinue his or her speech.
(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by immediately ceasing to speak.
8.9 Speaking twice
A Member is not to address the Council more than once on any motion or amendment except–
(a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation.
8.10 Duration of speeches
(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the Council which, if given, is to be given without debate.
(2) An extension under this clause cannot be given to allow a Member's total speaking time to exceed 10 minutes.
8.11 No speaking after conclusion of debate
A Member is not to speak on any motion or amendment– (a) after the mover has replied; or (b) after the question has been put.
8.12 No interruption
A Member is not to interrupt another Member who is speaking unless– (a) to raise a point of order; (see clause 9.3); (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 8.13; or (d) to move a procedural motion that the Member be no longer heard. (see
clause 11(1)(e) .
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8.13 Personal explanations
(1) A Member who wishes to make a personal explanation relating to a matter referred to by another Member who is then speaking is to indicate to the Presiding Member his or her intention to make a personal explanation.
(2) The Presiding Member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other Member.
(3) A Member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood.
8.14 No reopening of discussion
A Member is not to reopen discussion on any Council decision, except to move that the decision be revoked or changed. (see Part 16).
8.15 Adverse reflection (1) A Member is not to reflect adversely on a decision of the Council except on a
motion that the decision be revoked or changed. (see Part 16). (2) A Member is not–
(a) to reflect adversely on the character or actions of another Member or employee; or
(b) to impute any motive to a Member or employee, unless the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered.
(3) A Member is not to use offensive or objectionable expressions in reference to any Member, employee or other person.
(4) If a Member specifically requests, immediately after their use, that any particular words used by a Member be recorded in the minutes– (a) the Presiding Member is to cause the words used to be taken down and
read to the meeting for verification; and (b) the Council may, by resolution, decide to record those words in the minutes.
8.16 Withdrawal of offensive language
(1) A Member who, in the opinion of the Presiding Member, uses an expression which– (a) in the absence of a resolution under clause 8.15–
(i) reflects adversely on the character or actions of another Member or employee; or
(ii) imputes any motive to a Member or employee; or (b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the expression and make a satisfactory apology.
(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the Presiding Member may refuse to hear the Member further on the matter then under discussion and call on the next speaker.
Part 9 - Preserving order
9.1 Presiding Member to preserve order
(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call any Member to order.
(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating that he or she wishes to speak, is immediately to sit down and every Member present is to preserve strict silence so that the Presiding Member may be heard without interruption.
(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 8.7, but to preserve order.
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9.2 Point of order (1) A Member may object, by way of a point of order, only to a breach of–
(a) this Local Law any of these Local Laws; or (b) any other written law.
(2) Despite anything in this Local Law these Local Laws to the contrary, a point of order– (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other
matter.
9.3 Procedures on a point of order (1) A Member who is addressing the Presiding Member is not to be interrupted except
on a point of order. (2) A Member interrupted on a point of order is to resume his or her seat until–
(a) the Member raising the point of order has been heard; and (b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has been interrupted may then proceed.
9.4 Calling attention to breach A Member may, at any time, draw the attention of the Presiding Member to any breach of this Local Law. these Local Laws.
9.5 Ruling by the Presiding Member
(1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting the point of order.
(2) A ruling by the Presiding Member on a point of order: (a) is not to be the subject of debate or comment; and (b) is to be final unless the majority of Members then present and voting, on a
motion moved immediately after the ruling, dissent from the ruling. (3) Subject to a motion of dissent being carried under subclause (2), if the Presiding
Member rules that– (a) any motion, amendment or other matter before the meeting is out of order, it
is not to be considered further; and (b) a statement made or act done by a Member is out of order, the Presiding
Member may require the Member to make an explanation, retraction or apology.
9.6 Continued breach of order
If a Member– (a) persists in any conduct that the Presiding Member had ruled is out of
order; or (b) refuses to make an explanation, retraction or apology required by the
Presiding Member under clause 9.5(3), the Presiding Member may direct the Member to refrain from taking any further part in the matter under discussion, other than by voting, and the Member is to comply with that direction.
9.7 Right of Presiding Member to adjourn
(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting for a period of up to 15 minutes.
(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.
(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.
Part 10 - Debate of substantive motions
City of Bunbury Proposed Standing Orders Local Law 2012
10.1 Motions to be stated and in writing
Any Member who wishes to move a substantive motion or an amendment to a substantive motion–
(a) is to state the substance of the motion before speaking to it; and (b) if required by the Presiding Member, is to put the motion or amendment in
writing.
10.2 Motions to be supported (1) A substantive motion or an amendment to a substantive motion is not open to
debate until it has been seconded. (2) A motion to revoke or change a decision made at a Council meeting is not open to
debate unless the motion has the support required under regulation 10 of the Regulations.
10.3 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may ask the meeting if any Member opposes it.
(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and without taking a vote.
(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision of the Council.
(4) If a Member opposes a motion, the motion is to be dealt with under this Part. (5) This clause does not apply to a motion to revoke or change a decision which has
been made at a Council meeting. (see Part 16). 10.4 Only one substantive motion at a time
When a substantive motion is under debate at a meeting of the Council, no further substantive motion is to be accepted. The Council is not to consider more than one substantive motion at any time.
10.5 Order of call in debate
The Presiding Member is to call speakers to a substantive motion in the following order– (a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) the seconder to speak to the motion; (e) a speaker against the motion; (f) a speaker for the motion; (g) other speakers against and for the motion, alternating where possible;
and (h) mover takes right of reply which closes debate.
10.6 Limit of debate
The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all Members may not have spoken.
10.7 Member may require question to be read A Member may require the question or matter under discussion to be read at any time during a debate, but not so as to interrupt any other Member who is speaking.
10.8 Consent of seconder required for alteration
The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.
10.9 Order of amendments
City of Bunbury Proposed Standing Orders Local Law 2012
Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, carried or lost.
10.10 Form of an amendment An amendment must add, delete, or substitute words to the substantive motion.
10.11 Amendment must not negate original motion An amendment to a substantive motion cannot negate the original motion or the intent of the original motion.
10.12 Relevance of amendments Each amendment is to be relevant to the motion in respect of which it is moved.
10.13 Mover of motion may speak on amendment Any Member may speak during debate on an amendment.
10.14 Effect of an amendment If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any Member may speak and any further amendment may be moved.
10.15 Withdrawal of motion or amendment (1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw
a motion or amendment on the request of the mover of the motion or amendment and with the approval of the seconder.
(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the majority of Members present, until the amendment proposed has been withdrawn or lost.
10.16 Right of reply
(1) The mover of a substantive motion has the right of reply. (2) The mover of any amendment to a substantive motion has a right of reply. (3) The right of the reply may only be exercised–
(a) where no amendment is moved to the substantive motion – at the conclusion of the discussion on the motion; or
(b) where one or more amendments have been moved to the substantive motion – at the conclusion of the discussion on the substantive motion and any amendments.
(4) After the mover of the substantive motion has commenced the reply– (a) no other Member is to speak on the question; (b) there is to be no further discussion on, or any further amendment to, the
motion. (5) The right of the reply is to be confined to rebutting arguments raised by previous
speakers and no new matter is to be introduced. (6) At the conclusion of the right of reply, the substantive motion, or the substantive
motion as amended, is immediately to be put to the vote.
Part 11 - Procedural motions 11.1 Permissible procedural motions
In addition to the right to move an amendment to a substantive motion (under Part 10), a Member may move the following procedural motions–
(a) that the meeting proceed to the next item of business; (b) that the debate be adjourned; (c) that the meeting now adjourn; (d) that the question be now put; (e) that the Member be no longer heard;
City of Bunbury Proposed Standing Orders Local Law 2012
(f) that the ruling of the Presiding Member be disagreed with; (g) that the meeting be closed to the public. (see clause 6.2).
Note: for an explanation on the effect of these procedural motions see clauses 11.5 to 11.10
11.2 No debate (1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1
may speak to the motion for not more than two minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.
(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.
11.3 Who may move
No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment.
11.4 Procedural motions - right of reply on substantive motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion.
11.5 Meeting to proceed to the next item of business
The motion “that the meeting proceed to the next business”, if carried, has the effect that–
(a) the debate on the substantive motion or amendment ceases immediately; (b) no decision is made on the substantive motion; (c) the Council moves to the next item of business; and (d) there is no requirement for the matter to be raised again for consideration.
11.6 Debate to be adjourned
A motion “that the debate be adjourned”– (a) is to state the time to which the debate is to be adjourned; and (b) if carried, has the effect that all debate on the substantive motion or
amendment ceases immediately, but continues at the time stated in the motion.
11.7 Meeting now adjourn
(1) A Member is not to move or second more than one motion of adjournment during the same sitting of the Council.
(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution. (see clause 5.5).
(3) A motion “that the meeting now adjourn”– (a) is to state the time and date to which the meeting is to be adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date
specified in the motion. (4) A meeting adjourned under subclause (3) is to continue from the point at which it
was adjourned, unless the Presiding Member or the Council determines otherwise.
11.8 Question to be put (1) If the motion “that the question be now put”, is carried during debate on a
substantive motion without amendment, the Presiding Member is to offer the right of reply and then put the motion to the vote without further debate.
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(2) If the motion "that the question be now put" is carried during discussion of an amendment, the Presiding Member is to put the amendment to the vote without further debate.
(3) This motion, if lost, causes debate to continue.
11.9 Member to be no longer heard If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the substantive motion.
11.10 Ruling of the Presiding Member to be disagreed with
If the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to have no effect and the meeting is to proceed accordingly.
Part 12 - Disclosure of interests
12.1 Disclosure of interests
Disclosure of interests is dealt with in the Act.
Part 13 - Voting
13.1 Question - when put
(1) Immediately after the debate on any question is concluded and the right of reply has been exercised, the Presiding Member– (a) is to put the question to the meeting; and (b) if requested by any Member, is to again state the terms of the question.
(2) A Member is not to leave the meeting when the Presiding Member is putting any question.
13.2 Voting
Voting is dealt with in the Act and the Regulations. 13.3 Majorities required for decisions
The majorities required for decisions of the Council and committees are dealt with in the Act.
13.4 Method of taking vote
(1) In taking the vote on any motion or amendment the Presiding Member– (a) is to put the question, first in the affirmative, and then in the negative; (b) may put the question in this way as often as may be necessary to enable
him or her to determine whether the affirmative or the negative has the majority of votes;
(c) is to count and determine the votes of Members in any way (such as electronically or by a show of hands) that enable a record to be taken of each members vote; and,
(d) subject to this clause, is to declare the result. (2) The CEO is to ensure that the minutes record–
(a) the name of each member who voted; and (b) whether he or she voted in the affirmative or negative..
Part 14 – Minutes of meetings
14.1 Keeping of minutes
City of Bunbury Proposed Standing Orders Local Law 2012
The keeping and confirmation of minutes are dealt with in the Act.
14.2 Content of minutes (1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by regulation 11, the minutes of a Council
meeting is to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision.
14.3 Public inspection of unconfirmed minutes
The public inspection of unconfirmed minutes is dealt with in the Regulations.
14.4 Confirmation of minutes (1) When minutes of an ordinary meeting of the Council are distributed for
consideration prior to their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member may provide the Local Government with a written copy of the alternative wording to amend the minutes no later than 7 clear working days before the next ordinary meeting of the Council.
(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording shall, at the time for confirmation of minutes– (a) state the item or items with which he or she is dissatisfied; and (b) propose a motion clearly outlining the alternative wording to amend the
minutes. (3) Members must not discuss items of business contained in the minutes, other than
discussion as to their accuracy as a record of the proceedings.
Part 15 - Adjournment of meeting
15.1 Meeting may be adjourned
The Council may adjourn any meeting– (a) to a later time on the same day; or (b) to any other time on any other day, including a time which coincides with the
conclusion of another meeting or event.
15.2 Effect of adjournment Where any matter, motion, debate or meeting is adjourned under this Local Law– these Local Laws: (a) the names of Members who have spoken on the matter prior to the adjournment
are to be recorded in the minutes; (b) debate is to be resumed at the next meeting at the point where it was interrupted;
and (c) the provisions of clause 8.9 (speaking twice) apply when the debate is resumed.
Part 16 – Revoking or changing decisions
16.1 Requirements to revoke or change decisions
The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of the Regulations.
16.2 Limitations on powers to revoke or change decisions (1) Subject to subclause (2), the Council or a committee is not to consider a motion to
revoke or change a decision– (a) where, at the time the motion is moved or notice is given, any action has
been taken under clause 16.3 to implement the decision; or (b) where the decision is procedural in its form or effect.
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(2) The Council or a committee may consider a motion to revoke or change a decision of the kind described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and financial consequences of carrying the motion.
16.3 Implementing a decision
(1) In this clause– (a) "authorisation" means a licence, permit, approval or other means of
authorising a person to do anything; (b) "implement", in relation to a decision, includes–
(i) communicate notice of the decision to a person affected by, or with an interest in, the decision; and
(ii) take any other action to give effect to the decision; and (c) "valid notice of revocation motion" means a notice of motion to revoke or
change a decision that complies with the requirements of the Act, Regulations and the Local Laws and may be considered, but has not yet been considered, by the Council or a committee as the case may be.
(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a meeting is not to be implemented by the CEO or any other person until the afternoon of the first business day after the commencement of the meeting at which the decision was made.
(3) The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision.
(4) A decision made at a meeting is not to be implemented by the CEO or any other person– (a) if, before commencing any implementation action, the CEO or that person is
given a valid notice of revocation motion; and (b) unless and until the valid notice of revocation motion has been determined
by the Council or the committee as the case may be. (5) The CEO is to ensure that members of the public attending the meeting are
informed by an appropriate notice that a decision to grant an authorisation– (a) is to take effect only in accordance with this clause; and (b) cannot be acted upon by the person who has been granted the
authorisation unless and until the decision has been implemented in accordance with this clause.
Part 17 - Suspension of Local Laws
17.1 Suspension of Local Laws
(1) A Member may at any time move that the operation of one or more of the provisions of this Local Law these Local Laws be suspended.
(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place.
(3) A motion under subclause (1) which is– (a) seconded; and (b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.
17.2 Where Local Laws do not apply
(1) In situations where– (a) one or more provisions of this Local Law these Local Laws have been
suspended; or (b) a matter is not regulated by the Act, the Regulations or these Standing
Orders, the Presiding Member is to decide questions relating to the conduct of the meeting.
City of Bunbury Proposed Standing Orders Local Law 2012
(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved and carried under clause 11.10.
17.3 Cases not provided for in Local Laws
(1) The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where this Local Law, these Local Laws, the Act or the Regulations are silent.
(2) The decision of the Presiding Member in these cases is final, except where a motion is moved and carried under clause 11.10.
Part 18 - Meetings of electors
18.1 Electors' general meetings
Electors' general meetings are dealt with in the Act. 18.2 Matters for discussion at electors' general meetings
The matters to be discussed at electors' general meetings are dealt with in the Regulations.
18.3 Electors' special meetings Electors' special meetings are dealt with in the Act.
18.4 Requests for electors' special meetings Requests for electors' special meetings are dealt with in the Regulations.
18.5 Convening electors' meetings Convening electors' meetings is dealt with in the Act.
18.6 Who presides at electors' meetings Who presides at electors' meetings is dealt with in the Act.
18.7 Procedure for electors' meetings (1) The procedure for electors' meetings is dealt with in the Act and the Regulations. (2) In exercising his or her discretion to determine the procedure to be followed at an
electors' meeting, the Presiding Member is to have regard to this Local Law. these Local Laws.
18.8 Participation of non-electors
A person who is not an elector of the Local Government shall not take part in any discussion at an electors' meeting unless the meeting, by resolution, permits the person do so.
18.9 Voting at electors' meetings
Voting at electors' meetings is dealt with in the Regulations.
18.10 Minutes of electors' meetings Minutes of electors' meetings are dealt with in the Act.
18.11 Decisions made at electors' meetings Decisions made at electors' meetings are dealt with in the Act.
Part 19 – Briefings and other informal meetings
19.1 Briefings and other informal meetings
City of Bunbury Proposed Standing Orders Local Law 2012
(1) The Council may conduct briefings, workshops and other informal meetings. (2) Where the Council conducts briefings, workshops and other informal meetings, the
CEO is to– (a) advise all Members of the time, date and place of the meeting; and (b) cause notes of the meeting to be kept.
(3) A member who has an interest in a matter to be discussed at a briefing, workshop or other informal meeting is to deal with the interest in accordance with the provisions of Part 12 of these Standing Orders.
(4) The Council is not to make a formal resolution at any meeting other than at a Council Meeting or at a meeting of a committee which has delegated authority to do so.
(5) The Council is not to meet except at– (a) a Council or committee meeting; (b) a briefing, workshop or informal meeting under this clause; or (c) a meeting to hear public submissions convened under clause 6.13.
Part 20 - Enforcement 20.1 Penalty for Breach
A person who breaches a provision of this Local Law these Local Laws commits an offence. Penalty: $1,000.00 $5,000.00 and a daily penalty of $500.00.
20.2 Who can prosecute
Who can prosecute is dealt with in the Act.
Part 21 – Common Seal
21.1 City of Bunbury Common Seal (1) The CEO is responsible for the safe custody and proper use of the common seal
of the City Local Government. (2) Each document to which the common seal is affixed must be signed by the CEO
or an employee authorised in writing by the CEO. (3) The common seal is to be affixed to any Local Law which is made by the City
Local Government. (4) On each occasion the common seal is affixed to a document, the CEO is to have
recorded in a register maintained for the purpose– (a) the date the common seal was affixed (b) the nature of the document; and (c) the parties described in the document.
(5) A person who uses the common seal of the City Local Government or a replica without authority commits an offence.
City of Bunbury Proposed Standing Orders Local Law 2012
Dated: [INSERT DATE] The Common Seal of the City of Bunbury was affixed by the authority of a resolution of Council in the presence of: Mr David Lawrence Smith Mr Andrew Brien Mayor Chief Executive Officer
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RETURN
FRAMEWORK AGREEMENT
BETWEEN STATE AND LOCAL GOVERNMENT FOR THE PROVISION OF PUBLIC LIBRARY SERVICES IN WESTERN AUSTRALIA
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APPENDIX DCCS-1
FRAMEWORK AGREEMENT2
FRAMEWORK AGREEMENT 3
FRAMEWORK AGREEMENT BETWEEN STATE AND LOCAL GOVERNMENTFOR THE PROVISION OF PUBLIC LIBRARY SERVICES IN WESTERN AUSTRALIA
Cyber sessions at Dianella Public Library
FRAMEWORK AGREEMENT4
1 PreliminariesPreamble
State and Local Governments have undertaken the joint provision of public library services in Western Australia since the 1950s. Both State and Local Government recognise the need for an overarching agreement that drives the future direction of Western Australia’s public library services.
In December 2004 State and Local Government signed a Framework Agreement between State and Local Government for the Provision of Public Library Services in Western Australia. This document set out a shared vision and provided a statement of principles and clearly defined roles and responsibilities to guide collaborative action until 30 June 2008. This Framework Agreement was later extended to 30 June 2009.
A major achievement under the previous Framework Agreement was a review of public library services across the state. The subsequent Structural Reform of Public Library Services in Western Australia report and implementation plan will be key drivers and underpinning documents for the term of this new Framework Agreement. Implementation of the top 10 priorities (see Attachment A) will be the key focus during the term of this Framework Agreement.
Additionally, this Framework Agreement provides an overarching framework of broad parameters within which to develop a template for public library services agreements. The intent is that the Library Board of Western Australia (Library Board) and each Local Government will sign an individual agreement based on the template. Local level agreements already exist but were generally signed in the 1950s and 1960s and are in need of replacement. The relevant legislation for the provision of library services in Western Australia is the Library Board of Western Australia Act 1951 (the Act) which outlines the powers and role of the Library Board. Prior to entering into the current agreements with the Library Board each Local Government resolved to become, and was subsequently declared, a participating body under the Act.
Public Library Service
Both State and Local Government continue to recognise that unique features of the Western Australian public library service deliver significant benefits to Western Australian communities. These features include:
Location and operation of public library services in •response to local community needs
A linked, statewide library service•
Effective utilisation of existing infrastructure and •expertise within the State Library and within Local Government libraries across the State
Centralised purchasing of library resources•
A statewide online catalogue •
Shared Vision
Central to the partnership between State and Local Government is a shared vision for Western Australia’s public library service as a sustainable and responsive network of vibrant and connected well-resourced, free public libraries that are hubs of community life. Our public libraries are seen as primary points of access for an extensive and diverse range of current information, meeting the business, recreational, cultural and life-long learning needs of members of the community, no matter their economic or social status, cultural or language background, level of ability or geographic location.
A shared vision for Western Australia’s public library service as a sustainable and responsive network of vibrant and connected well-resourced, free public libraries that are hubs of community life.
FRAMEWORK AGREEMENT 5
2 Parties to this Agreement
In entering this agreement both State and Local Government recognise that they have a mutual interest and responsibility in providing and improving public library services to the people of Western Australia.
The signatories to this Framework Agreement are:
State Government: • The Minister for Culture and the Arts
Local Government: • President, Western Australian Local Government Association (WALGA)
These two parties will also be signatories to funding agreements in relation to funding for public libraries.
This agreement will be administered on behalf of the State Government by the Library Board.
Signatories for individual, public library services agreements to be developed within the parameters of the Framework Agreement will be:
The Library Board of Western Australia: • Chairman
Local Government: • President/Mayor
3 Objectives, Outcomes and Outputs
Objectives Key objectives of the Framework Agreement are to:
Develop a statement of key principles for the •provision of public library services in Western Australia
Define the mutual and respective roles of State and •Local Government in the provision of public library services
Provide an overarching framework of broad •parameters within which to develop a template for public library services agreements
Formalise the establishment of a joint steering •committee to lead and facilitate implementation of the Framework Agreement and structural reform of public library services
Minister for Culture and the Arts, Hon John Day, and the President of the Western Australian Local Government Association, Mayor Troy Pickard, at the signing of the Framework Agreement.
FRAMEWORK AGREEMENT6
Outcomes
The Framework Agreement will contribute to the following specific outcomes:
Improved profile for public libraries in the •community and within all spheres of government
Improved service provision to the community •through the reform process
Acting as a catalyst for implementation of reforms •leading to a more relevant, world class public library service
Maintenance and development of the State/Local •Government partnership in relation to the provision of public library services
Outputs
Implementation of the structural reform strategies•
Ongoing maintenance and development of public •library service delivery
4 Principles
An agreed set of key principles will guide the joint provision of public library services by State and Local Government in Western Australia. These principles are:
A commitment to the partnership – a shared •belief that, by working together, State and Local Government can achieve the best possible public library service for Western Australian communities
Recognition that planning, development and •service delivery decisions, including expansion or withdrawal of public library services, are driven by community needs together with the business needs of State and Local Government
Within the partnership framework, autonomy and •flexibility for Local Governments in response to community needs
Free, universal and equitable access by all Western •Australians to relevant and up-to-date public library services, regardless of individual circumstances or geographic location
Within legal obligations, universal rights of access •to information and ideas, free of censorship and the influence of sectional interests
A transparent approach where both partners •are accountable for their respective and mutual responsibilities in accordance with agreed outcomes and performance standards
On-going sustainability of services•
Relations between State and Local Government •will be conducted in a spirit of mutual respect and cooperation, with open communication and recognition of each other’s roles and responsibilities
A focus on outcomes in setting policy, strategy •or program objectives which address community needs and expectations
Achieving the highest levels of accountability and •good governance
FRAMEWORK AGREEMENT 7
5 Roles and Responsibilities of Each Party
To realise the objectives, outcomes and commitments in the Framework Agreement each party has specific roles and responsibilities, as outlined below.
Both State and Local Government agree to:
Support a State-wide public library service that •provides free access for all residents of Western Australia
Provide core products and services free of charge as •detailed in public library services agreements
Operate within the expectation that State and all •Local Governments will make a financial commitment to the provision of public library services
Support in good faith reform of public library •services as articulated in the Structural Reform of Public Library Services in Western Australia report and that implementation of the strategies will be undertaken in accordance with a defined resourcing plan developed by the SLPASC
Support the continuation of the partnership •agreement and maintain joint decision-making arrangements and accountability mechanisms through the Strategic Library Partnership Agreement Steering Committee
Support the development of additional policies, •business plans, guidelines, performance and reporting standards which will be adopted by both parties
Ensure that the Library Board enters into an •agreement with each Local Government which will uphold the principles of the Framework Agreement
Support a regionalisation scheme for non-•metropolitan Local Governments
Recognise that the shared responsibilities for public •library services are applicable regardless of any formal or informal arrangements between individual Local Governments and other Government or non-Government organisations for out-sourcing or collocation of public library services
State Government
The State Government agrees to:
Provide financial assistance to each Local •Government which operates a public library in accordance with an agreed funding formula/model
Provide resources and services, including •centralised purchasing and a State-wide online catalogue, to agreed standards
Work with Local Government in implementing •and supporting structural reform of public library services
Local Government
Local Government agrees to:
Provide physical and technological infrastructure, •staffing and meet operating costs, to agreed standards
Be accountable to the State Government for any •financial assistance (eg grants, assets) provided by the State
Work with the State Government in implementing •and supporting structural reform of public library services
FRAMEWORK AGREEMENT8
6 Management
State and Local Government have established a Strategic Library Partnership Agreement Steering Committee (SLPASC) to oversee development and implementation of the Framework Agreement and to oversee and drive the process and negotiations related to structural reform (see Attachment B for terms of reference and membership). The SLPASC will continue for the term of this Framework Agreement.
To support this direction an Operational Management Group (OMG) (see Attachment C for terms of reference and membership) has been established to report and provide technical and management advice to the SLPASC.
A Project Manager has been appointed to coordinate and implement the structural reform strategies.
The SLPASC’s key responsibilities include:
Development of strategic directions and forward plans•
Strategic management of the structural reform process•
Development of policies relating to provision of •public library services
Development of regulations, standards, reporting •and operating guidelines relating to provision of public library services
Review of statewide performance against agreed •outcomes
Development and facilitation of an appropriate •communication mechanism with relevant stakeholders within an agreed time frame
Additionally the SLPASC will have regular discussions on funding for the statewide public library system.
The SLPASC will make recommendations to the Library Board and WALGA State Council where appropriate to ensure that both parties are accountable within the statewide system and provide each body with a formal report at least once in each financial year.
7 Modification and Review Process
This Framework Agreement is to apply from December 2009 until 30 June 2014, with a formal evaluation commencing in July 2013. Formal evaluation will take no more than six months to complete. The Framework Agreement may be extended subject to the written consent of both parties.
The formal evaluation process will be initiated and managed by the SLPASC which will report with recommendations to the Library Board and WALGA State Council.
This Framework Agreement may only be modified during the life of the Agreement with the written consent of both parties.
State and Local Government have established a Strategic Library Partnership Agreement Steering Committee (SLPASC) to oversee development and implementation of the Framework Agreement
FRAMEWORK AGREEMENT 9
8 Dispute Resolution Process
In relation to any matter that may be in dispute between the parties in relation to this Framework Agreement:
Any party may give notice in writing to the SLPASC •identifying the nature of the dispute
If the SLPASC cannot resolve the dispute within 30 •days of service of the notice of dispute they will develop and present a report outlining the dispute and recommendations to the Library Board and WALGA State Council.
If the Library Board and WALGA State Council cannot resolve the dispute within 60 days of service of the receipt of the report, the parties agree to allow either party to refer the matter to an agreed independent mediator such as the Institute of Arbitrators and Mediators (WA Branch). The parties agree that if either party refers the matter to mediation both parties will participate in the mediation process in good faith.
9 Break Clause
This Framework Agreement may be terminated at any time by the mutual agreement of the WALGA State Council and the Minister for Culture and the Arts.
Prior to terminating this Framework Agreement it is intended that where possible and appropriate the parties use mechanisms provided within this Framework Agreement including but not limited to the Dispute Resolution clause and the Review and Modification process to address and resolve any issues that may exist between the parties.
A Better Beginnings session at AH Bracks Public Library
FRAMEWORK AGREEMENT10
……………………………………................…Signed by the Hon John Day, MLA MINISTER FOR CULTURE AND THE ARTS, FOR AND ON BEHALF OF THE STATE OF WESTERN AUSTRALIA
……………………………………................…Signed by Mayor Troy PickardPRESIDENT, WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION, FOR AND ON BEHALF OF WESTERN AUSTRALIAN LOCAL GOVERNMENTS
in the presence of
……………………………………................…Matthew AllenCHAIRMAN, LIBRARY BOARD OF WESTERN AUSTRALIA
……………………………………................…Margaret AllenCEO, STATE LIBRARY OF WESTERN AUSTRALIA
in the presence of
……………………………………................…Ricky BurgesCEO, WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
Dated 10th of June 2010
FRAMEWORK AGREEMENT 11
ATTACHMENT A
Structural Reform of Public Library Services
The Structural Reform of Public Library Services in Western Australia report identified 10 high level strategic outcomes for the state’s public library service. These are shown below.
Well-informed, literate and learning communities•
Connected and resilient communities•
Community memory preserved and shared•
Accessible and relevant content•
Community destinations•
Skilled and innovative staff•
Continuous improvement•
Strategic partnerships•
Good governance•
Visible and valued•
A large number of strategies and opportunities were documented in the report with the recommendation that implementation of the strategies would enable the above strategic outcomes to be met. An agreed top 10 priorities (see below) were established and these will form the initial key focus during the term of this Framework Agreement.
Ensure content meets needs•
Facilitate effective asset management of collections•
Facilitate an effective inter lending system•
Facilitate delivery of cost effective training and professional development to meet identified needs•
Develop a more strategic approach to ICT•
Develop a more efficient procurement, distribution and materials movement model•
Improve standards and measures of performance•
Maintain a strong and influential Strategic Library Partnership Agreement Steering Committee•
Enhance the regional model•Develop a new funding model for public libraries in Western Australia•
Lead and facilitate the development of a State/Local Government Partnership for Public Library Services in Western Australia by:
Developing strategic objectives to drive the structural reform process for Public Library Services through an 1.agreed framework, over 3 to 5 years, ensuring that outcomes are achieved.
Developing and facilitating an appropriate communication mechanism with relevant stakeholders within an 2.agreed time frame.
Membership
Membership of the Committee comprises:
Chief Executive Officer, Western Australian Local Government Association•Chief Executive Officer, State Library of Western Australia•Public Libraries Western Australia representative•Local Government Managers Australia, WA Division representative•Library Board of Western Australia representative•Department of Local Government representative•
The Committee Chair alternates on an annual basis between the Chief Executive Officers of WALGA and the State Library.
The Secretariat function and administrative support are provided by both WALGA and the State Library.
Meetings
Meeting frequency will be monthly, at times and dates determined by the Committee.•In the event that the Chair is not available the alternate Chair will oversee the meeting. •The secretariat and Chair function will be alternated between WALGA and State Library of Western Australia. •WALGA will provide secretariat support and meeting venue for the Committee in 2009. No proxies will be necessary. •Decisions will be by a majority of members present. •
Agenda Papers
Papers accompanied by a cover sheet in prescribed standard template format should be submitted electronically to the Secretariat at least two weeks before meetings. Agendas and papers will be distributed electronically to members at least one week prior to meetings.
Consultation and Communications Protocol
Committee members are required to ensure that appropriate consultation with the constituents whom they •represent has occurred before decisions are taken. Committee members are expected to publicly support meeting decisions.•It is recognised that other formal and informal communication and consultation mechanisms will continue to •operate alongside the work undertaken by the Committee. To ensure transparency, all documents will be made available to the parties unless otherwise determined by the •Committee.The minutes will be available on the State Library of WA and WALGA websites within a fortnight of the meeting •minutes being ratified. Minutes and agreed “take home” messages summarising the key issues will be developed and recorded at the •end of each meeting and key discussions will be communicated to constituents as follows:
Library Board of WA; •Minister for Culture and the Arts;•Department of Culture and the Arts; •SLWA and other State Government agencies as appropriate•Local Government•Public Librarians and other partners in the provision of public library services.•
The Committee will ensure the following:
The Operational Management Group (OMG) will have Public Librarian nominated by Public Libraries WA to act as •a conduit between the SLPASC and the OMG. Working groups established by the OMG will report to the OMG. The PLWA member will provide advice to the •SLPASC. Focus groups and or working groups established as required will report directly to a designated Project •Manager(s), nominated by the SLPASC unless otherwise approved by the Committee. Project Manager(s) will relay information to the Committee in the first instance and provide such information to •the wider constituency as approved by the Committee. Draft reports will be submitted to the Committee only, unless otherwise directed.Project Manager(s) will be the first point of contact for the wider constituency (rather than members of the •Committee) for detailed enquiries on projects/working party activities.
Modification and Review Process
The current Framework Agreement for Public Library Services will be the guiding document.
FRAMEWORK AGREEMENT 13
FRAMEWORK AGREEMENT14
ATTACHMENT C
Operational Management Group Operating Guidelines
Terms of Reference and Purpose
The Operational Management Group (OMG) will report and provide technical and library service management advice to the Strategic Library Partnership Agreement Steering Committee (SLPASC). The focus will be on the provision of advice and guidance to the SLPASC, development of model policies, operating procedures and documentation of best practice processes.
Membership
Membership of the Operational Management Group will consist of: Representatives of Public Libraries (3) and Representatives of the State Library of Western Australia (3).
The Chair of the OMG will be the Public Libraries Western Australia representative on the SLPASC.
The Project Manager for structural reform will be an ex officio member of the OMG, with no voting rights.
Meetings
The meetings will be held monthly with consideration to the meeting dates of the Country Librarians meetings.
No proxies will be necessary.•A quorum will consist of at least: Representatives of the Public Libraries (2) and Representatives of the State •Library of Western Australia (2).If a quorum can not be met, the meeting will be delayed or run out-of-session, via electronic means.•Decisions will be by a majority of members present.•
Agenda Papers
Papers accompanied by a cover sheet in prescribed standard template format should be submitted electronically to the Secretariat at least two weeks before meetings. Agendas and papers will be distributed electronically to members at least one week prior to meetings.
FRAMEWORK AGREEMENT 15
Consultation and Communications Protocol
Group members are required to ensure that appropriate consultation with the constituents whom they represent •has occurred before decisions are taken. Committee members are expected to publicly support meeting decisions.•It is recognised that other formal and informal communication and consultation mechanisms will continue to •operate alongside the work undertaken by the Group. To ensure transparency, all documents will be made available to the parties unless otherwise determined by the •Group.The minutes of the OMG will be available on the State Library of Western Australia and WALGA websites within a •fortnight of the meeting minutes being ratified. The OMG will report to the SLPASC through the Chair, who will also act as a conduit to Public Libraries Western •Australia.Working groups will be set up as required and will report directly to the OMG, unless otherwise indicated.•
Armadale Public Library
Front & Rear cover: Armadale Public Library
Western Australian Local Government AssociationLocal Government HousePO Box 1544, West Perth WA 6872T: 08 9321 5055F: 08 9322 2611www.walga.asn.au
State Library of Western AustraliaPerth Cultural Centre25 Francis Street Perth WA 6000T: 08 9427 3111F: 08 9427 3156www.slwa.wa.gov.au
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This is a Generic Agreement only.
Schedule C – Regional Library Services Agreement
APPENDIX DCCS-2
In accordance with the Agreement for the Delivery of Public Library Services and for the purpose of establishing a regional library scheme, this Schedule records the further agreement between the local government hosting the Regional Librarian, other local governments in the region, and the Library Board of Western Australia.
1. The host local government library (Regional Library) and the Library Board (through the State Library of Western Australia)
wish to provide regional library services for a region based on ____________ Library
2. It is agreed that the local governments in the region will be:
i. … ii. …
3. The Regional Librarian will have responsibilities that include but are not limited to the following regional functions and support
services, conducted in the context of Schedule A of the Agreement for the Delivery of Public Library Services and in accordance with the agreed Activity Plan:
i. provide professional leadership on library matters within the region
ii. assist library officers with library operational and procedural matters, seeking to foster skills transfer wherever possible
iii. arrange and/or conduct training programs for library officers
iv. undertake or facilitate selection and collection development for the region where required
v. liaise with the State Library on library policy matters and issues arising in the region
vi. organise, where required, regional meetings scheduled at intervals and locations appropriate for the region, with Regional Librarian and/or delegate(s) subsidised to attend in accordance with the agreed Activity Plan
vii. maintain regional communication by appropriate means (which might include but are not limited to any of the following: phone calls, email, visits, newsletters, web-pages, blogs)
viii. collect/provide regional statistics and/or ensure that libraries served by the Regional Library collect/provide statistics as required by the State Library and/or to track performance in accordance with the regional Activity Plan
ix. make four quarterly visits to the State Library
Appendix DCCS-2 Generic Schedule C p.1
This is a Generic Agreement only.
Schedule C – Regional Library Services Agreement
In addition, the Regional Librarian hosted by the Shire __________ undertakes to:
i. In consultation with members, draw up an annual Activity Plan covering training, visits and support services provided by the Regional Library to member libraries
ii. As part of the annual Activity Plan prepare, submit, and secure endorsement by the State Library for cost sharing arrangements based on agreed outcomes
iii. Report half yearly to State Library, host and regional local governments on Activity Plan performance measures and progress towards Activity Plan goals. Additionally, region-specific opportunities and challenges identified from collection and analysis of trend information will be reported annually and used to help identify regional activities
Note: Value-added services and their funding may be negotiated between local governments, the host local government and State Library, and will be recorded in the agreed Activity Plan. These could include:
i. provide additional services to the region that the State Library requires and funds ii. lead and/or participate in collaborative arrangements for the benefit of library services in the region (such collaborative
arrangements funded as appropriate by the State Library, host local government and recipient local governments or a combination of these parties)
4. The participating local governments undertake to:
i. Provide, in accordance with the Framework Agreement, physical and technological infrastructure, staffing and meet
operating costs, to agreed standards, in order to facilitate library service delivery in their part of the region ii. Notify the Regional Librarian of major staff changes in their library iii. Make available to the Regional Librarian data to assist in analysing trends that can be used to help in development of
the annual Activity Plan iv. Sign-off on the annual Activity Plan for the Regional Library service.
5. The Library Board (through the State Library) undertakes to:
i. Nominate a representative to assist the Regional Librarian with the development of the annual Activity Plan ii. Endorse and fund relevant sections of the annual Activity Plan
Appendix DCCS-2 Generic Schedule C p.2
This is a Generic Agreement only.
Appendix DCCS-2 Generic Schedule C p.3
Schedule C – Regional Library Services Agreement
iii. Reimburse the host local government for agreed costs associated with hosting the Regional Librarian and providing
regional library functions, including salary and travel and accommodation costs for the proportion of time spent on regional library business.
iv. Provide an Induction Program for Regional Librarians v. Provide procedural and other documentation relating to the provision of regional library services through the Public
Libraries Online website.
6. Funding will be as determined by the agreed annual Activity Plan for the region that will be based on real costs including salary, travel and other relevant costs.
7. Any party may cancel the agreement giving a minimum written notice of six months. Signed:
1. Library Board (Chairman of the Library Board and CEO of the State Library) 2. Host local government (Mayor/President and CEO) 3. Other local governments (Mayor/President and CEO)
Date:
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Bunbury/Koombana Apex Club Inc. PO Box 42 Bunbury 6231 Brian Morris 0413 529 309 [email protected]
APPENDIX DCS-1
Monday, 21st May, 2012 Attn. Councillors,
RE: Shared use of Thomas Street premises
We, the Bunbury/Koombana Apex Club wish to convey our openness to co‐exist with the Bunbury Wood Turners Group in our premises on Thomas Street. We feel our clubs uphold similar values and can work together to make the venue a valuable resource for the greater Bunbury residents we serve.
We are excited to have invited our new friends to move in to the Thomas Street building not only to utilise the space to its full potential, but also to begin a new collaborative approach to our community work. Our two groups are already discussing new community projects which we can work on together that may not be possible without our cooperation and common values. We eagerly await your approval of this action so that our collaboration may commence. Regards Brian W Morris ATTENTION—MARK ROBSON
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APPENDIX DCS-2
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City of Bunbury
SPECIFIED AREA RATECBD
PROMOTIONAL LEVY
Date: 09/05/2012 Version: # 1
60 0 6030 Meters
Disclaimer of Liability
The information and materials presented at this siteare distributed by the City of Bunbury as an informationsource only. While every effort has been made to ensure the accuracy and completeness of the information, no guarantee is given or responsibility taken by the City of Bunbury for errors or omissions in the database.
The information is provided solely on the basis that readerswill be responsible for making their own assessment of the matters. Readers including third parties are advised to verifyall relevant representation, statements and information with their own professional advisers.
The City of Bunbury does not accept any liability for any loss or damages for the information or advice provided at this site or incorporated into this site by reference, or whichis incurred as a result of the use of, or reliance upon, theinformation and advice contained at this site.
To the Business Proprietor Proposed Bunbury Central Business District and Marlston Waterfront Marketing and Promotion Levy The Bunbury Chamber of Commerce and Industry (BCCI) contacted the City of Bunbury in August 2011, seeking support for a marketing initiative to reinvigorate interest in the Bunbury Central Business District (CBD). The BCCI has developed a Strategic Plan for this proposal (available for download at http://www.bunburycci.com.au/), which outlines its vision and objectives for the CBD, and identifies requisite funding of $285,000 per annum to develop and implement the campaign, proposed to be sourced through the levying of a Specified Area Rate (SAR) on affected properties within the CBD and Marlston Waterfront. It is important to note that although the proposal has been compiled by the BCCI, the City of Bunbury will employ the necessary staff to develop and implement the proposed campaign, as the Local Government Act 1995 does not permit funds raised through a SAR to be administered by a third party. Although the BCCI has previously sought feedback from affected businesses in relation to this proposal, Council has resolved to undertake its own due diligence survey of affected landowners and business proprietors within the specified area, to satisfy itself that the proposal has the support of local business. Survey results will be provided to Council prior to a final decision being made in this regard. If approved, the SAR will be levied on all rateable non-residential properties that fall within the CBD and Marlston Waterfront areas (pursuant to the attached map). As with general rates, the cost incurred by individual owners will vary according to the Gross Rental Valuation of the property as determined by the Valuer Generals Office. Whilst we cannot ascertain the extent to which the property owner may pass onto their tenant any proposed rate or levy, the median cost for each affected property across the specified area is $348 per annum. Please note that if you also happen to be the owner of the property on which your business resides, you will receive a separate survey via mail, and we encourage you to complete and lodge each survey received. As a business proprietor, the Council needs your input to make an informed decision in this regard. Completed surveys can be submitted via a number of methods:
1. Return in the enclosed reply paid envelope; 2. Faxed to (08) 9792 7184; or 3. Emailed to [email protected]
It would be appreciated if you could complete the survey and return to the City by 5pm Tuesday, 5 June 2012.
If you require any further information in this regard, please do not hesitate to contact Leonie Barwick, Team Leader Corporate Revenue at the City of Bunbury on 9792 7240 or via email [email protected]. Regards
Proposed Central Business District and Marlston Waterfront Marketing and Promotion Levy
Name: Name of Business:___________________________________________ Property Address:____________________________________________ 1. Do you support the development and implementation of a targeted
marketing and promotion campaign for the Bunbury Central Business District (including the Marlston Waterfront)?
Yes No
If yes, what promotional activities would you like to see undertaken?
2. Do you support the levying of a Specified Area Rate on properties in the Bunbury Central Business District and Marlston Waterfront (as per the attached map) as a means of generating funds for the marketing and promotion of Bunbury’s Central Business District?
Dear «OwnerName» Proposed Bunbury Central Business District and Marlston Waterfront Marketing and Promotion Levy The Bunbury Chamber of Commerce and Industry (BCCI) contacted the City of Bunbury in August 2011, seeking support for a marketing initiative to reinvigorate interest in the Bunbury Central Business District (CBD). The BCCI has developed a Strategic Plan for this proposal (available for download at http://www.bunburycci.com.au/), which outlines its vision and objectives for the CBD, and identifies requisite funding of $285,000 per annum to develop and implement the campaign, proposed to be sourced through the levying of a Specified Area Rate (SAR) on affected properties within the CBD and Marlston Waterfront. It is important to note that although the proposal has been compiled by the BCCI, the City of Bunbury will employ the necessary staff to develop and implement the proposed campaign, as the Local Government Act 1995 does not permit funds raised through a SAR to be administered by a third party. Although the BCCI has previously sought feedback from affected businesses in relation to this proposal, Council has resolved to undertake its own due diligence survey of affected landowners and business proprietors within the specified area, to satisfy itself that the proposal has the support of local business. Note that business proprietors will have their surveys hand delivered directly to the shop front. Survey results will be provided to Council prior to a final decision being made in this regard. If approved, the SAR will be levied on all rateable non-residential properties that fall within the CBD and Marlston Waterfront areas (pursuant to the attached map). As with general rates, the cost incurred by individual owners will vary according to the Gross Rental Valuation of the property as determined by the Valuer Generals Office. The annual cost of the levy for your property is estimated to be $«Increase». The median cost for each affected property across the specified area is $348 per annum. Please note that if you own more than one property within the specified area, you will receive a survey for each property, and as such are requested to complete each survey received. Similarly, if you also happen to be the business proprietor of the property, a separate survey should also be completed. Completed surveys can be submitted via a number of methods:
1. Return in the enclosed reply paid envelope; 2. Faxed to (08) 9792 7184; or 3. Emailed to [email protected]
Council needs your input to make an informed decision in this regard, and it would be appreciated if you could complete the survey and return to the City by 5pm Tuesday, 5 June 2012. If you require any further information in this regard, please do not hesitate to contact Leonie Barwick, Team Leader Corporate Revenue at the City of Bunbury on 9792 7240 or via email [email protected]. Regards
Proposed Central Business District and Marlston Waterfront Marketing and Promotion Levy
Name: Property Address: «Address», «Suburb» Assessment: «Assesment» 1. Do you support the development and implementation of a targeted
marketing and promotion campaign for the Bunbury Central Business District (including the Marlston Waterfront)?
Yes No
If yes, what promotional activities would you like to see undertaken?
2. Do you support the levying of a Specified Area Rate on properties in the Bunbury Central Business District and Marlston Waterfront (as per the attached map) as a means of generating funds for the marketing and promotion of Bunbury’s Central Business District?
R:\Authority\Financial Reports - Council\COB Statement of Net Current Assets Alt95.rpt
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APPENDIX DPDS-1
Information on Proposed Replacements for the BESAC The following three initiatives have been proposed as replacements for the BESAC:
A. a community environmental reference group B. a web-based environmental newsletter C. an annual local environmental forum
A brief description of each proposed initiative is provided in dot-point below:
A. Community Environmental Reference Group:
Meets quarterly Receives updates and provides input into Council environmental
initiatives where appropriate Guides the organisation of an annual local environmental forum event Provides recommendations to Council on environmental issues where
appropriate Membership comprises of Council support staff, representatives from
local environmental groups and community members Technical experts attend on an as needs basis in an ex-officio capacity Community representatives act as “environmental ambassadors” –
promoted throughout community as contact points to convey information and concerns to the group
Minutes submitted to Council for noting and action where appropriate Agendas and minutes to be published on Council website.
B. Web-based Environmental Newsletter:
Published quarterly via City of Bunbury website Provides an overview of current Council environmental projects and the
activities of the community environmental reference group Provides an overview of the outcomes of the annual local environmental
forum A potential method for conducting environmental education i.e. by
incorporating key education messages Surveys could be incorporated into the newsletter in order to seek
feedback from the community on particular issues.
C. Local Environmental Forum:
Conducted annually Open to entire community to attend Different theme each year e.g. waterways, biodiversity, climate change
etc. Key stakeholders provide presentations on theme e.g. environmental
characteristics, threats, potential solutions etc. Highly interactive – opportunity for attendees to ask questions, make
comments and observations etc. Opportunity to educate community about local issues and to obtain
information/feedback from them May serve as a stepping stone towards the creation of a Bunbury
environmental conference in the future.
APPENDIX DPDS-2
Community Environmental Reference Group – Proposed Framework
Reference Group Purpose
The purpose of the Community Environmental Reference Group (Reference Group) is to foster improved communication between Council and the community on environmental matters.
Committee Members (voting)
Up to five (5) community representatives. Up to thirteen (13) local environmental group representatives.
Comments:
The five community representative positions are to be appointed by the Council following advertising in the media and the City’s website for a period of three (3) weeks. The positions will act as “environmental ambassadors” and will be promoted throughout the community having the task of conveying the concerns of the community to the reference group and feedback. The following local environmental groups will be invited to nominate one (1) representative (and a proxy) each to participate in the Reference Group, that includes:
South West Catchments Council Leschenault Catchment Council South West Environment Centre Friends of the Earth Southwest (WA) Australian Association for Environmental Education CoastSWaP Bunbury Naturalists Club Friends of Hartley Anderson Reserve Friends of Irwin Street Reserve Friends of Big Swamp Stewards of Katherine Chauhan Reserve Friends of Manea Park Marlston Hill Coastcare Group
The Reference Group may appoint alternative/ additional local environmental groups to participate (N.B. see ‘Voting’ below). A conceptual model for the Reference Group membership structure is provided at Attachment 1.
Ex-officio Members (non-voting)
Representatives from other organisations may attend meetings by invitation in an ex-officio capacity in order to provide advice to the Reference Group e.g. State Government agencies.
Support Staff (non-voting)
Professional/ Technical Advice:
City of Bunbury Officers.
Executive Officer:
Team Leader Sustainability.
Term of Office
Reference Group members will have a term of office of two (2) years from the date of appointment.
Terms of Reference (draft)
The Community Environmental Reference Group is to: Receive updates and provide input into City of Bunbury environmental
initiatives where appropriate. Guide the organisation of an annual local environmental forum event. Discuss environmental issues raised by Reference Group members,
including issues raised by community members via the community representatives, and form recommendations to Council where appropriate.
Comments:
The final Terms of Reference are to be formulated by the Reference Group.
Meeting Details
Each meeting will be chaired (on a rotating basis) by a nominee from the voting members of the Reference Group. The Reference Group will meet quarterly at the City of Bunbury Civic Administration Building (N.B. further details to be negotiated with members e.g. meeting day/time) or other suitable venue.
Communication with Council
Where appropriate, the Reference Group may formulate recommendations to Council on local environmental matters. Meeting minutes will be submitted to the Reference Group for endorsement and will then be reported to Council for noting and action, where deemed appropriate. Reference Group agendas and minutes will be made available on the City of Bunbury website. A flow diagram for the abovementioned process is provided at Attachment 2.
Delegation of Authority
The Reference Group will operate outside of the provisions of the Local Government Act 1995 (i.e. it is not a formal committee of Council) and will have no delegated authority. The Reference Group will provide advice and recommendations to Council only.
Voting
Decisions made by the Reference Group in the course of providing advice and recommendations to Council will be made by simple majority of the voting members in attendance. Council support staff, including the executive officer (Team Leader Sustainability), are non-voting members.
Attachment 1.
Community Environmental Reference Group – Conceptual Model
Council
General community Ex-officio
Organisations e.g. State agencies
Local environmental
groups
Community Environmental
Reference Group
Links to other environmental
networks
Legend:
Local environmental group representative
Community representative (“environmental ambassador”)
City of Bunbury staff member (non-voting)
Ex-officio representative (non-voting)
Information exchange
Attachment 2.
Community Environmental Reference Group (CERG) – Communication Flow Diagram
Agenda cut-off fourteen (14) days prior to CERG meeting*
Agenda distributed to members and put on Council website
seven (7) days prior to meeting
CERG Meeting (N.B. occurs quarterly)
Minutes prepared and distributed to members for
endorsement within seven (7) days of meeting
Minutes tabled for noting at next available Council meeting
Recommendation made to Council
Council report prepared and tabled at next available Council
Agenda Briefing (N.B. Information Briefing conducted
if required)
Minutes put on City of Bunbury website after tabling at Council Council determination made
Council determination reported to CERG at next meeting
*Open to all reference group members to submit items for agenda
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Modified
Scheme Amendment 52 Town Planning Scheme No. 7
O’Connor Entrance and South Western Highway
June 2012
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APPENDIX DPDS-3
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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DISCLAIMER
This document has been published by the City of Bunbury. Any representation, statement, opinion or advice expressed or implied in this document is made in good faith and on the basis that the City of Bunbury, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein.
Information pertaining to this document may be subject to change, and should be checked against any modifications or amendments subsequent to the document’s publication.
City of Bunbury
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Production Details
Edition Details:
Title: Scheme Amendment 52: O’Connor Entrance and South Western Highway
Production Date: August 2011
Prepared By: City of Bunbury with information supplied by the proponent MPM Development Consultants
Table 1 6 Lot numbers, landowners, current zoning and lot areas.
Table 2: 16 Summary of Ecological Impacts.
Modified Table 1 26 Lot numbers, landowners, current zoning and lot areas.
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Preface This document incorporates the final draft amending pages of the Local Planning Scheme Amendment Report - Scheme Amendment 52 to the City of Bunbury Town Planning Scheme No. 7: O’Conner Entrance and South Western Highway, dated August 2011. The modifications made to the original publicly advertised version of the Local Planning Scheme Amendment Report have been deemed necessary as a result of one or more of the following circumstances:
changes to the scheme amendment proposal recommended by the Local Government’s officers following completion of the public advertising period; and/or
changes to the scheme amendment proposal requested in submissions made during the public advertising period that were considered appropriate; and/or
changes made by Council upon adoption for final approval of the scheme amendment; and/or
changes made by the Western Australian Planning Commission upon its endorsement for final approval of the scheme amendment; and/or
changes made by the Minister for Planning upon granting of final approval, and prior to gazettal, of the scheme amendment.
The rationale and justification for each modification to the scheme amendment proposal is individually recorded for legacy purposes under the section heading of ‘Modifications’ in this document, and appear immediately prior to the final Amending Pages. A copy of the signed “Form No. 1C” is provided for information purposes only.
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Form No. 1C Appendix A, Town Planning Regulations 1967
Planning and Development Act 2005 (as amended)
RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME
City of Bunbury Town Planning Scheme No. 7
RESOLVED that the local government, in pursuance of section 75 of the Planning and Development Act 2005 (as amended), amend the above Local Planning Scheme by: (a) rezoning Lot 74 (on Plan 2248) Mill Street from “Residential Zone” (R20) to “Special Use
Zone” (No.50 - Industry);
(b) rezoning portion of Lot 9003 (on Plan 59111) O’Connor Entrance from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, to part “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”;
(c) rezoning portion of Lot 9002 (on Plan 50708) Orchid Drive from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”;
(d) rezoning portion of Lots 60 and 61 (on Plan 2248) Federal Street from “Residential Zone” (R20) to “Mixed Business Zone”;
(e) rezoning Lots 75, 76, 916 (on Plan 192796), 823 (on Plan 192796), 715 (on Plan 189208), 970, 821 South Western Highway and portion of Lots 82 (on Plan 2248), 407 (on Plan 2248), 4685 (on Plan 37787) South Western Highway from “Residential Zone” (R20) to “Mixed Business Zone”; and
(f) incorporating Lots 75, 76, 916 (on Plan 192796), 823 (on Plan 192796), 715 (on Plan 189208), 970, 821 South Western Highway and portion of Lots 82 (on Plan 2248), 407 (on Plan 2248), 4685 (on Plan 37787) South Western Highway within a “Development Investigation Policy Area”, as shown on the scheme amendment map.
(g) amending the Table under “Schedule 2 – Special use Zones” of the Scheme for the purpose of additional development requirements/provisions in accordance with Local Planning Scheme Amendment Report No. 52.
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Summary Information
Proposal
Scheme TEXT: Amending the Scheme Text by inserting associated text provisions included in the “Conditions” column of the table for “Special Use Zone 50” of “Schedule 2 – Special Use Zones”.
Scheme MAP: Amending the Scheme Map by
rezoning Lot 74 from “Residential Zone” (R20) to “Special Use Zone” (No.50 - Industry); rezoning portion of Lot 9003 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, “Special Use Zone” (No.50 – Industry) and to part “Access Road Reserve”; rezoning portion of Lot 9002 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”; rezoning portion of Lots 60 and 61 from “Residential Zone” (R20) to “Mixed Business Zone”; rezoning Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 407, 4685 from “Residential Zone” (R20) to “Mixed Business Zone”; and
incorporating Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685 within a “Development Investigation Policy Area”, as shown on the scheme amendment map.
State Planning Framework
State Planning Strategy: “South West Urban System”; and
“South West Region”.
State Planning Policies: As applicable.
Development Control Policies: As applicable.
Bunbury–Wellington Region Plan (Greater Bunbury Structure Plan):
Encompassing the Greater Bunbury Planning Unit of:
Planning Unit P6: Preston North
Greater Bunbury Region Scheme: “Urban Zone”
Other: Nil.
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Local Planning Policy Framework
Local Planning Strategy: As applicable.
Local Planning Scheme: City of Bunbury Town Planning Scheme No.7 (TPS7)
Scheme TEXT - Schedule 2 – Special Use Zones
Special Control Area - Nil.
Zone/Reserve - Residential Zone (R20), Development Zone - Residential, Special Use Zone (No.50 - Industry), Access Road Reserve
Scheme MAP
R-Code - R20.
Heritage List - Not applicable.
Local Planning Policy: Local Planning Policy – Scheme Amendments: Application Requirements and Documentation for Purposes of Advertising.
Other (Strategies, Local Area Plans, etc): Glen Iris - Moorlands Local Area Plan Principle Land Use Map (2008)
Proponent & Landowners
Proponent: MPM Development Consultants and City of Bunbury
Portion of Lot 9003 (No. 14) O’Connor Entrance
JW Cross, MK Cross, RD Cross and GT Cross
Portion of Lot 9002 Orchid Drive
Department of Housing
Portion of Lot 60 Federal Street
JW Cross, MK Cross, RD Cross and GT Cross
Portion of Lot 61 Federal Street
JW Cross, MK Cross, RD Cross and GT Cross
Lot 74 Mill Street JW Cross, MK Cross, RD Cross and GT Cross
Lot 75 (No. 194) South Western Highway
Gwilym Edmund Evans
Landowners:
Lot 76 (No. 192) South Western Highway
Ronda Dorothy McInnes & Robin Anthony McInnes
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Lot 916 (No. 190) South Western Highway
Austin McInnes
Lot 823 (No. 188) South Western Highway
Iain Stanley Brotton & Beverly Ann Brown
Lot 715 (No. 186) South Western Highway
Bradley Jago
Lot 970 (No. 184) South Western Highway
David Keenan
Lot 821 (No. 182) South Western Highway
George Michael Todoroff
Portion of Lot 82 (No. 180) South Western Highway
William Mark Wauhop & Leanne Rose Wauhop
Portion of Lot 407 South Western Highway
Crown M/O City of Bunbury
Portion of Lot 4685 (No. 168-178) South Western Highway
Bunbury Community School
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Background
Introduction This Local Planning Scheme Amendment Report has been prepared for the purposes of effecting an amendment to the City of Bunbury Town Planning Scheme No. 7 (TPS7) for that land at:
Portion of Lot 9003 O’Connor Entrance;
Portion of Lot 9002 Orchid Drive;
Portion of Lot 60 Federal Street;
Portion of Lot 61 Federal Street;
Lot 74 Mill Street;
Lot 75 South Western Highway;
Lot 76 South Western Highway;
Lot 916 South Western Highway;
Lot 823 South Western Highway;
Lot 715 South Western Highway;
Lot 970 South Western Highway;
Lot 821 South Western Highway;
Portion of Lot 82 South Western Highway;
Portion of Lot 407 South Western Highway; and
Portion of Lot 4685 South Western Highway, herein referred to as the subject site or area.
Geographical Context Location of Subject Land The subject site comprises a total area of approximately 32968m2 and is located in the locality of Picton approximately 5 km south east of the Central Business District (CBD) by road (refer to Figures 1 to 3).
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Figure 1: Subject Site - Location (2010).
CBD
Subject Site
Figure 2: Subject Site - Cadastre (2010).
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Figure 3: Subject Site - Aerial Photograph (2010).
Property Details Table 1 below provides a summary of the land ownership details at the time of preparing this Local Scheme Amendment Report. Table 1 Lot numbers, landowners, current zoning and lot areas.
Lot Number / Street Address Landowner Current Zoning Lot Area
Portion of Lot 9003 (No. 14) O’Connor Entrance
JW Cross, MK Cross, RD Cross and GT Cross
Development Zone – Residential, Access Road Reserve
Approx. 15,830m2
Portion of Lot 9002 Orchid Drive Department of Housing
Development Zone – Residential; Access Road Reserve
Approx. 1,860m2
Portion of Lot 60 Federal Street JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 Approx. 635m2
Portion of Lot 61 Federal Street JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 Approx. 345m2
Lot 74 Mill Street JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 1,254m2
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Lot Number / Street Address Landowner Current Zoning Lot Area
Lot 75 (No. 194) South Western Highway
Gwilym Edmund Evans
Residential R20 1,333m2
Lot 76 (No. 192) South Western Highway
Ronda Dorothy McInnes & Robin Anthony McInnes
Residential R20 1,013m2
Lot 916 (No. 190) South Western Highway
Austin McInnes Residential R20 1,012m2
Lot 823 (No. 188) South Western Highway
Iain Stanley Brotton & Beverly Ann Brown
Residential R20 1,012m2
Lot 715 (No. 186) South Western Highway
Bradley Jago Residential R20 1,012m2
Lot 970 (No. 184) South Western Highway
David Keenan Residential R20 947m2
Lot 821 (No. 182) South Western Highway
George Michael Todoroff
Residential R20 910m2
Portion of Lot 82 (No. 180) South Western Highway
William Mark Wauhop & Leanne Rose Wauhop
Residential R20 Approx. 865m2
Portion of Lot 407 South Western Highway
Crown M/O City of Bunbury
Residential R20 Approx. 4,435m2
Portion of Lot 4685 (No. 168-178) South Western Highway
Bunbury Community School
Residential R20 Approx. 505m2
Total Area = 32,968m²
Refer to page 3 of the proponent’s scheme amendment submission for further details on this matter.
Land Use & Development Context The subject site is included in the “Residential Zone”, “Development Zone – Residential” and “Access Road Reserve” under existing TPS7 and is only partly developed. Lots fronting South Western Highway have all been developed for detached residential dwellings. Lot 9003 is the balance of previous subdivisional work. Land to the north is vacant, awaiting implementation of the South Western Highway re-alignment. “Special Use Zone No.50 – Industry” abuts the subject site to the east. Land to the west is occupied by the DjidiDjidi School and Bunbury Community School, and will be separated from the subject site by the proposed South Western Highway re-alignment. Refer to page 3 of the proponent’s scheme amendment submission for further details on the physical context of the subject site, including vegetation.
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Existing Legal Agreement As part of a previous scheme amendment regarding the abutting lots to the east of the subject site, which are zoned “Special Use Zone No.50 – Industry”, Council required that a Deed of Agreement be finalised to require “the development of a vegetation buffer and “bunding” within the Mill Street Road Reserve to enable adequate buffering between the existing residential properties and the proposed industrial subdivision” at its meeting held on 14 November 1994. The vegetation buffer and bund wall have not been constructed at this point in time. In an effort to consider the existing dwellings abutting industrial land, it is proposed that additional provisions, requiring a 3m landscape buffer and 2.4m high masonry wall behind that buffer, be included in the “Conditions” column of the table for “Special Use Zone 50” of “Schedule 2 – Special Use Zones”. Consequently, the Deed of Agreement will have to be amended or extinguished. This will be addressed in the recommendations.
Planning Context State Planning Strategy The State Planning Strategy (1997) is not considered to have a direct bearing or relevance to the scheme amendment proposal. Bunbury-Wellington Region Plan (Greater Bunbury Structure Plan) The Bunbury-Wellington Region Plan, which was released in 1995, was the main guiding document for the preparation of the Region Planning Scheme in 2005. The Bunbury-Wellington Region Plan is a component of the Greater Bunbury Structure Plan, which breaks the Greater Bunbury Region into various planning unit areas and provides policy guidelines for each of those areas. The subject land is situated in “Planning Unit 6 – Preston North”, which is generally identified for ‘Industry’, ‘Mixed Use Buffer’ and ‘Parks Recreation and Drainage’. The proposed scheme amendment is therefore considered not to be in conflict with the objectives and proposals of either the Region Plan or Structure Plan. Greater Bunbury Region Scheme The subject site is included in the “Urban Zone” under the Greater Bunbury Region Scheme (GBRS) gazetted in 2007 for the purposes of providing for residential development and associated local employment, recreation and open space, shopping, schools and other community facilities. Notwithstanding, it is considered that the subordinate Local Planning Scheme has the scope to apply a more specific local zone appropriate to the site’s function within the City’s urban fabric. Therefore, the scheme amendment proposal is not considered to be inconsistent with the intent of the GBRS. Local Planning Scheme The subject site is currently included in a number of zones and reserves under TPS7 outlined in Table 1 and depicted in Figure 4. The scheme amendment proposal is not considered to be inconsistent with the aims and objectives of the Local Planning Scheme.
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Should the scheme amendment proposal be adopted, it should be noted that the ‘Development Investigation Policy Area’ requires that a structure plan be prepared by the proponent and be adopted by Council and endorsed by the WAPC prior to any further subdivision and/or development. This prerequisite is considered necessary in order to facilitate further detailed planning, especially regarding access, when the South Western Highway re-alignment is implemented.
Figure 4: Subject Site - Zoning (2010).
Subject Site
Glen Iris - Moorlands Local Area Plan The Local Area Plan (LAP) project has been progressed through community consultation with landowners and residents, which has sought to identify the core matters and define their vision for Glen Iris - Moorlands. The drafting of the LAP has also been informed by past structure planning exercises, environmental (flood) management studies, State Government infrastructure planning initiatives and landowner submissions and subdivision proposals. The main element of the LAP is the proposed Local Area Plan – Principle Land Use Map (see Figure 5), which serves as an overarching strategic land use plan for the designing of the local area and forms the basis for guiding subsequent detailed structure planning and scheme amendments. The Glen Iris – Moorlands LAP Principle Land Use Map depicts the proposed South Western Highway re-alignment and identifies the subject site as being “Mixed Business Zone”. The scheme amendment proposal is largely consistent with the Glen Iris – Moorlands LAP Principle Land Use Map.
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Figure 5: Glen Iris Moorlands - Local Are Plan (Principle Land Use Map 2008).
Figure 6: Excerpt from the Glen Iris - Moorlands Local Are Plan (Principle Land Use Map 2008).
Subject Site
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Glen Iris Structure Plan Structure planning for Glen Iris was initially undertaken by the WAPC in 1986, and was later reviewed in 1995. The draft Glen Iris Structure Plan was first endorsed by the City of Bunbury in September 1996 and by the WAPC in November 1996 subject to modifications. There were various amendments made to the draft Glen Iris Structure Plan over the years which lead to the City of Bunbury adopting a second draft in 2003, but again its endorsement by the WAPC was subject to further modifications. The 2004 version of the draft Glen Iris Structure Plan (see Figure 16) was replaced by the revised Glen Iris Structure Plan that was granted final endorsement by the WAPC on 22 September 2010 and certified by the City of Bunbury on 29 September 2010 (see Figure 17).
Figure 7: Draft Glen Iris Structure Plan (2004).
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Figure 8: Glen Iris Structure Plan (2010).
Scheme Amendment Document This scheme amendment document was prepared using information contained in a submission titled “City of Bunbury Town Planning Scheme No. 7 Amendment No. XX” (dated January 2011) submitted by MPM Development Consultants. Further information regarding the background, rationale and justification concerning the proposal is available in the proponent’s own submission (see page 17) or by contacting MPM Development Consultants on (08) 9721 4777 or emailing [email protected]. This document represents the formal scheme amendment documentation, incorporating the amending pages and adoption page, for proposed Scheme Amendment number 52 to TPS7. To ensure that orderly and proper planning of the adjoining area continues in accordance with Council’s adopted Glen Iris - Moorlands Local Area Plan: Study, the City of Bunbury proposes to extend this Scheme Amendment to include lots 75, 76, 916, 823, 715, 970, 821, 82, 407 & 4685 South Western Highway. Therefore, enquiries of a technical nature regarding the proposal in relation to the strategic land use planning of the City or the administration of the Local Planning Scheme (including the procedure for public advertising of a scheme amendment) should be made to the City of Bunbury’s Planning and Development Services division on (08) 9792 7000 or by emailing [email protected].
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Scheme Amendment Procedure The scheme amendment document has been prepared by the City’s Sustainability and Integrated Land Use Planning department, and progressed in accordance with both the Planning and Development Act 2005 (sections 75 and 84) and the Town Planning Regulations 1967. To date, the proposed amendment has not been formally assessed by the Environmental Protection Authority (EPA). The referral of all scheme amendments to the EPA is a requirement under section 81 of the Planning and Development Act 2005, which obliges local governments to refer any scheme amendment to the EPA upon resolution to prepare or adopt an amendment to the Local Planning Scheme (i.e. TPS7). This referral is to enable the EPA to discharge its responsibilities under section 48A of the Environmental Protection Act 1986. It is expected that the proposed amendment will not require an Environmental Review in accordance with section 48C(1)(a) of the Environmental Protection Act 1986, as there are no known significant environmental impacts generated by the proposal. Therefore, it is expected that instead of requiring an Environmental Review, the EPA may give ‘informal advice’. The recommendations of any informal advice may then be used to inform the Region Scheme Compliance Omnibus Amendment (e.g. inclusion of any relevant Environmental Conditions). Following granting of consent by the WAPC to proceed with the amendment, the proposal would be advertised for public comment for a period of not less than 42 days in accordance with the provisions of the Planning and Development Act 2005. On completion of advertising, the scheme amending documentation is to be referred back to Council for its second consideration to finally adopt. Should Council then resolve to adopt the amendment, the scheme amending documentation is to be referred to the WAPC for its consideration and endorsement and referral to the Minister for Planning for final approval and gazettal.
Community & Stakeholder Consultation Once the WAPC grants permission to the Local Government to publicly advertise the proposed amendment, public notices will be placed in locally circulated newspapers and also referred to the EPA for its consideration for Environmental Review in accordance with the Environmental Protection Act 1986. In accordance with both the Planning and Development Act 2005 and the Town Planning Regulations 1967, the proposed amendment is to be referred to all relevant State government agencies and publicly advertised for comment during a formal advertising period of 42 days. Council must take into account any submissions received during the public advertising period prior to final adoption of the proposed amendment. The submissions, together with the scheme amending documentation and Council’s resolution, are then to be forwarded on to the WAPC for its endorsement and final approval by the Minister for Planning. Public advertising dates and submission forms can be downloaded from the Public Notices and Advertisements page of the City’s website at www.bunbury.wa.gov.au. Submissions can be lodged during the public advertising period in person at Council’s administration centre located at 4 Stephen Street, or alternatively posted to:
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Modifications to an Advertised Scheme Amendment During the course of considering a Scheme Amendment modifications may be proposed or be required to be made to the version that was publically advertised. In instances where modifications are deemed to be significant in nature, it will be necessary to re-advertise the Scheme Amendment. If modifications can be deemed as minor in nature, then the Scheme Amendment may proceed without being re-advertised, noting however that this decision ultimately lies with WAPC. Minor modifications made to a Scheme Amendment, on each occasion they occur, will be recorded within a Modified Scheme Amendment Report.
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Proposal
Purpose This Local Planning Scheme Amendment Report has been prepared for the purposes of effecting an amendment to the TPS7 for the subject land. Scheme Amendment 52 seeks to rezone Lot 74 from “Residential Zone” (R20) to “Special Use Zone” (No.50 - Industry); a portion of Lot 9003 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, to part “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”; a portion of Lot 9002 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”; portions of Lots 60 and 61 from “Residential Zone” (R20) to “Mixed Business Zone”; Lots 75, 76, 916, 823, 715, 970, 821 and portions of Lots 82, 407, 4685 from “Residential Zone” (R20) to “Mixed Business Zone”; and to incorporate Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685 within a “Development Investigation Policy Area”, as shown on the scheme amendment map. The scheme amendment also seeks to amend the table to Schedule 2 – Special use Zones of the Scheme for the purpose of additional development requirements/provisions. To ensure that orderly and proper planning of the subject site continues in accordance with Council’s adopted Glen Iris - Moorlands Local Area Plan: Study, the City of Bunbury proposes to extend this scheme amendment proposal to include lots 75, 76, 916, 823, 715, 970, 821, 82, 407 & 4685 South Western Highway in addition to the proponent’s submission.
Aim & Intent The scheme amendment proposal will rationalise the zoning of the area in accordance with Council’s adopted Glen Iris - Moorlands Local Area Plan: Study. The proposed Development Investigation Policy Area provisions require that a structure plan be prepared to the specifications and satisfaction of the City of Bunbury for Council’s adoption in order to guide the future development and infrastructure servicing the area prior to approval of any further subdivision/amalgamation or development within the western portion of the subject site, as indicated on the scheme amendment map. It is also proposed that additional provisions be included in the “Conditions” column of the table for “Special Use Zone 50” of “Schedule 2 – Special Use Zones” to reduce the potential to compromise the amenity of the adjoining existing residential properties.
Rationale & Justification The merits of the scheme amendment proposal in relation to its rationale and justification are contained in the proponent’s scheme amendment submission (enclosed).
Ecological Sustainability / Impact The apparent impacts of the scheme amendment proposal are contained in the proponent’s scheme amendment submission. Nevertheless, a preliminary assessment against the key elements of the triple-bottom-line pertinent to this scheme amendment proposal is summarised in Table 2.
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Table 2: Summary of Ecological Impacts.
Economic Issues There are no significant economic impacts generated by the proposal. The availability of additional commercial land uses may promote economic development.
Social Issues There are no known negative social impacts generated by the proposal.
Environmental Issues There are no known environmental impacts generated by the proposal.
Cultural Heritage Issues There are no known impacts on either pre or post colonisation heritage values generated by the proposal.
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Scheme Amendment Submission
Proposed Amendment City of Bunbury
Town Planning Scheme No. 7
Lots 9002, 9003, 60, 61 & 74, Picton Revision2
January 2011
prepared by MPM Development Consultants
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Conclusion & Recommendations
Conclusion It is evident that the rationale for this amendment has been well established through the previous LAP and Structure Planning exercises. It is considered that the scheme amendment proposal is in accordance with Council’s adopted Glen Iris - Moorlands Local Area Plan: Study and will rationalise the zoning of the area. Therefore, the proposed Scheme Amendment is considered to be in the interest of orderly and proper planning and to be in an acceptable form that is ready for public advertising for community and stakeholder comment.
Recommendations The following recommendations are made with respect to progressing the proposed Scheme Amendment 52 to the City of Bunbury Town Planning Scheme No. 7:
A. The Local Government, in pursuance of the Planning and Development Act 2005, amend the above Local Planning Scheme by making modifications to the Scheme Text and Scheme Map, as detailed in the Local Planning Scheme Amendment Report by:
(a) rezoning Lot 74 on Plan 2248 from “Residential Zone” (R20) to “Special Use Zone” (No.50 - Industry);
(b) rezoning portion of Lot 9003 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”;
(c) rezoning portion of Lot 9002 from part “Development Zone - Residential” and part “Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”;
(d) rezoning portion of Lots 60 and 61 on Plan 2248 from “Residential Zone” (R20) to “Mixed Business Zone”;
(e) rezoning Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685 from “Residential Zone” (R20) to “Mixed Business Zone”; and
(f) incorporating Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685 within a “Development Investigation Policy Area”, as shown on the scheme amendment map.
(g) amending the Table to Schedule 2 – Special use Zones of the Scheme for the purpose of additional development requirements/provisions in accordance with Local Planning Scheme Amendment Report No. 52.
B. The Western Australian Planning Commission to be advised of Council’s decision, and three (3) copies of cadastrally correct Scheme Map and Scheme Text amendment documentation, prepared to the satisfaction of the Executive Manager of City Development, are to be submitted to the Western Australian Planning Commission for its consideration to permit the public advertising of proposed Scheme Amendment No. 52.
C. A copy of the proposed Scheme Amendment No. 52 documentation to be referred to the Environmental Protection Authority and any other relevant public authority, for consideration and comment.
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D. Subject to endorsement by the Environmental Protection Authority (EPA) and the granting of permission to advertise by the Western Australian Planning Commission, the proposed Scheme Amendment No. 52 is to be advertised for public comment with a submission period of not less than forty two (42) days.
E. Following public advertising of proposed Scheme Amendment No. 52, the proposal and any public submissions lodged with the City during the advertising period is to be returned to Council for further consideration.
F The Deed of Agreement, which currently exists, between the City of Bunbury and the landowners of Lot 74 Mill Street, requiring the development of a vegetation buffer and “bunding” within the Mill Street Road Reserve, is to be extinguished, when the scheme amendment has been finalised and gazetted. Such action is to be to the satisfaction of the City of Bunbury.
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Advertised Amending Pages
Planning and Development Act 2005
Amendment 52 to City of Bunbury Town Planning Scheme No. 7
The City of Bunbury under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Local Planning Scheme by:- 1. amending the Scheme Map by – (a) rezoning Lot 74 on Plan 2248 from “Residential Zone” (R20) to “Special Use Zone”
(No.50 - Industry); (b) rezoning portion of Lot 9003 from part “Development Zone - Residential” and part
“Access Road Reserve” to part “Mixed Business Zone”, “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”;
(c) rezoning portion of Lot 9002 from part “Development Zone - Residential” and part
“Access Road Reserve” to part “Mixed Business Zone” and to part “Access Road Reserve”;
(d) rezoning portion of Lots 60 and 61 on Plan 2248 from “Residential Zone” (R20) to
“Mixed Business Zone”; (e) rezoning Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407, 4685
from “Residential Zone” (R20) to “Mixed Business Zone”; and (f) incorporating Lots 75, 76, 916, 823, 715, 970, 821 and portion of Lots 82, 60, 61, 407,
4685 within a “Development Investigation Policy Area”, as shown on the scheme amendment map.
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Existing Scheme Map Proposed Amendment to Scheme Map
Scale: Not to scale
Source: Cadastre - Department of Land
Information
Scheme Amendment - City of Bunbury
Plot Date: 29 March 2010
Map Sheet: 7 & 8
Legend: Greater Bunbury Region Scheme Reserves
City of Bunbury Town Planning Scheme No.7 Zones
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Other
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2. amending the Scheme Text with respect to the table under “Schedule 2 – Special use Zones” by inserting the following additional text -
No Description of Land Special Use(s) Conditions
50 Portion of Lot 74 Mill Street; Lots 3, 6, 8, 9 and 10 South Western Highway; Lots 1, 2, 5 and 18 O’Connor Entrance; Lots 11, 12, 13, 14 and 15 Yookson West Road; and Lots 16 and 17 Davie Street
Uses to be considered in accordance with “Industry” zone as set out in Table 1 of the Scheme with the following exceptions.
The following uses are not permitted uses:
Child Care Premises
Fuel Depot
Noxious Industry
Port Industry
Rural Industry
Winery
Restaurant
The following uses are discretionary (“D”) uses:
Light Industry
General Industry
Marine Filling Station
Transport Depot
Motor Vehicle Repair
Warehouse
1 The intent of this Special Use zone is to provide for a “Business Park” style of development based on restricted Industrial uses that are compatible with each other and surrounding land uses and do not produce off-site impacts.
2 applicable development standards are as set out at Section 5 of Local Planning Scheme No. 7, for the Industry zone.
2.1 In order to enable adequate buffering between existing Residential properties and future Industrial uses a 3m wide landscape buffer is to be provided, entirely on the land of the Industrial use, along the western boundary of Lot 3 South Western Highway, and along the southern and western boundary of Lot 74 Mill Street. In addition, a 2.4m high masonry wall is to be constructed on top of any proposed finished ground level and setback 3m from those boundaries.
2.2 A landscaping plan is to be submitted to and approved by the City’s Landscape Architect. The landscape buffer can be included in the overall landscaping requirement of each site.
2.3 The landscape buffer is to be maintained at all times to the satisfaction of the City’s Landscape Architect and a notification in the form of a section 70A notification, pursuant to the Transfer of Lands Act 1893 (as amended) is to be placed on the Certificates of Title of the affected lots advising that the landscape buffer is to be maintained at all times by the landowner.
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No Description of Land Special Use(s) Conditions
2.4 All stormwater is to be contained within each lot in accordance with an approved stormwater plan.
3 In consideration of a development application for a use in the zone which is either an ‘A’ or ‘D’ use, the Council will consider whether the use will generate odour, noise, dust or gaseous emissions that are likely to affect the amenity of nearby sensitive land uses including residential, the Picton Primary School, the Bunbury Community School and the Diji Didji School.
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Modifications
Proposed Modifications (to the advertised draft version) The scheme amendment documentation has been modified based upon the advice received from the Department of Environment and Conservation (DEC). DEC recommended that a flora and vegetation survey and a fauna survey be undertaken on Lot 407, and the results assessed by DEC prior to finalising or approving the proposed scheme amendment. To progress with the scheme amendment as submitted by the proponent, it is therefore considered that it is appropriate that lots 75, 76, 916, 823, 715, 970, 821, 82, 407 & 4685 South Western Highway will not be included within the subject area, and that further investigations into DEC’s requirements will be made so that rezoning of those lots can be finalised as part of the scheme review process. The revised subject area is depicted in the modified figures and table below (Modified Figure 2 & 3, Modified Table 1).
Modified Figure 2: Subject Site - Cadastre (2010).
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Modified Figure 3: Subject Site - Aerial Photograph (2010). Modified Table 1 Lot numbers, landowners, current zoning and lot areas.
Lot Number / Street Address
Landowner Current Zoning Lot Area
Portion of Lot 9003 (No. 14) O’Connor Entrance
JW Cross, MK Cross, RD Cross and GT Cross
Development Zone – Residential, Access Road Reserve
Approx. 15,830m2
Portion of Lot 9002 Orchid Drive
Department of Housing Development Zone – Residential; Access Road Reserve
Approx. 1,860m2
Portion of Lot 60 Federal Street
JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 Approx. 635m2
Portion of Lot 61 Federal Street
JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 Approx. 345m2
Lot 74 Mill Street JW Cross, MK Cross, RD Cross and GT Cross
Residential R20 1,254m2
Total Area =
Approx. 19924m²
Notes: These represent modifications proposed to the Advertised Scheme Amendment by the Local Government officers, and may for example have been prepared following consideration of the Schedule of Submissions. Where no changes have been proposed by Council Officers this section shall state “none”.
City of Bunbury 26│ 34
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
City of Bunbury 27│ 34
Council Modifications (upon Final Approval) Yet to be determined.
Notes: These represent modifications to the Advertised Scheme Amendment that have been required to be made by Council at the time of formally adopting the Scheme Amendment and are in addition to or vary from those modifications that may have been proposed by Council Officers and appear in the section above. Where no additional changes have been instructed to be undertaken by Council, this section shall state “none”.
Commission Modifications (upon Endorsement) Yet to be determined if any, subject to the WAPC’s consideration.
Notes: These represent modifications to the Advertised Scheme Amendment, or where applicable, the adopted Modified Scheme Amendment made by WAPC at the endorsement stage. If WAPC do not require any modifications, this section shall state “none”.
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Amending Pages
Planning and Development Act 2005
Amendment 52 to City of Bunbury Town Planning Scheme No. 7
The City of Bunbury under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Local Planning Scheme by:- 1. amending the Scheme Map by – (a) rezoning Lot 74 (on Plan 2248) from “Residential Zone” (R20) to “Special Use Zone”
(No.50 - Industry); (b) rezoning portion of Lot 9003 (on Plan 59111) from part “Development Zone -
Residential” and part “Access Road Reserve” to part “Mixed Business Zone”, to part “Special Use Zone” (No.50 - Industry) and to part “Access Road Reserve”;
(c) rezoning portion of Lot 9002 (on Plan 50708) from part “Development Zone -
Residential” to part “Mixed Business Zone” and to part “Access Road Reserve”; (d) rezoning portion of Lots 60 and 61 (on Plan 2248) from “Residential Zone” (R20) to
“Mixed Business Zone”; and (e) incorporating portion of Lots 9003 (on Plan 59111), 60 and 61 (on Plan 2248) within a
“Development Investigation Policy Area”, as shown on the scheme amendment map.
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
2. amending the Scheme Text with respect to the table under “Schedule 2 – Special use Zones” by inserting the following additional text -
No Description of Land Special Use(s) Conditions
50 Portion of Lot 74 Mill Street; Lots 3, 6, 8, 9 and 10 South Western Highway; Lots 1, 2, 5 and 18 O’Connor Entrance; Lots 11, 12, 13, 14 and 15 Yookson West Road; and Lots 16 and 17 Davie Street
Uses to be considered in accordance with “Industry” zone as set out in Table 1 of the Scheme with the following exceptions.
The following uses are not permitted uses:
Child Care Premises
Fuel Depot
Noxious Industry
Port Industry
Rural Industry
Winery
Restaurant
The following uses are discretionary (“D”) uses:
Light Industry
General Industry
Marine Filling Station
Transport Depot
Motor Vehicle Repair
Warehouse
1 The intent of this Special Use zone is to provide for a “Business Park” style of development based on restricted Industrial uses that are compatible with each other and surrounding land uses and do not produce off-site impacts.
2 applicable development standards are as set out at Section 5 of Local Planning Scheme No. 7, for the Industry zone.
2.1 In order to enable adequate buffering between existing Residential properties and future Industrial uses a 3m wide landscape buffer is to be provided, entirely on the land of the Industrial use, along the western boundary of Lot 3 South Western Highway, and along the southern and western boundary of Lot 74 Mill Street. In addition, a 2.4m high masonry wall is to be constructed on top of any proposed finished ground level and setback 3m from those boundaries.
2.2 A landscaping plan is to be submitted to and approved by the City’s Landscape Architect. The landscape buffer can be included in the overall landscaping requirement of each site.
2.3 The landscape buffer is to be maintained at all times to the satisfaction of the City’s Landscape Architect and a notification in the form of a section 70A notification, pursuant to the Transfer of Lands Act 1893 (as amended) is to be placed on the Certificates of Title of the affected lots advising that the landscape buffer is to be maintained at all times by the landowner.
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
No Description of Land Special Use(s) Conditions
2.4 All stormwater is to be contained within each lot in accordance with an approved stormwater plan.
3 In consideration of a development application for a use in the zone which is either an ‘A’ or ‘D’ use, the Council will consider whether the use will generate odour, noise, dust or gaseous emissions that are likely to affect the amenity of nearby sensitive land uses including residential, the Picton Primary School, the Bunbury Community School and the Diji Didji School.
City of Bunbury 32 │ 34
Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
Adoption Page
Adopted for Advertising Adopted for advertising of Scheme Amendment number 52 to the City of Bunbury Town Planning Scheme No. 7, in accordance with the Planning and Development Act 2005, by resolution of the Council of the City of Bunbury at its Ordinary Meeting of the Council held on the _____ day of __________, 20___ (Decision Number: ___ / _____).
Mayor
Councillor David Smith Signed:- …………………………………………………………
Chief Executive Officer
Andrew Brien Signed:- …………………………………………………………
Final Approval Adopted for final approval by resolution of the City of Bunbury at its Ordinary Meeting of the Council held on the _____ day of __________, 20___; and the Common Seal of the City of Bunbury was hereunto affixed by the authority of a resolution of the Council in the presence of:
Common Seal
Mayor
Councillor David Smith Signed:- …………………………………………………………
Chief Executive Officer
Andrew Brien Signed:- …………………………………………………………
Recommended/Submitted for Final Approval
Delegated under section 16 of the Planning and Development Act 2005 Signed:- ………………………………………………………… Date:- ____ / ____ / ________
Final Approval Granted
Minister for Planning
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Local Planning Scheme Amendment – O’Connor Entrance and South Western Highway Scheme Amendment 52
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SCHEDULE OF PUBLIC SUBMISSIONS
SCHEME AMENDMENT NO. 52
No Name Address Nature of Submission Planning Services Comments on Submission
1 Telstra Locked Bag 2525 Perth WA 6001
At present Telstra has no objection to make regarding the proposed amendment. I have added it to our database and look forward to further documentation as the development progresses.
Noted.
2 Western Power Locked Bag 2520 Perth WA 6000
There are no objections; however, there are overhead powerlines and/or underground cables, adjacent to or traversing across the proposed area of works. Therefore, the following should be considered, prior to any proposed works commencing. Working in proximity to Western Power Distribution Lines All work must comply with Worksafe Regulation 3.64 - Guidelines for Work in the Vicinity of Overhead Power Lines. If any work is to breach the minimum safe working distances a Request to Work in Vicinity of Powerlines form must be submitted. For more information on this please visit the Western Power Website links below: http://www.westernpower.com.au/safety/Electrical_Safety_at_Work.html http://www.westernpower.com.au/safety/DialBeforeYouDig.html or www.1100.com.au http://www.commerce.wa.gov.au/WorkSafe/ Please note: Western Power must be contacted on 13 10 87, if your proposed works involve:
A) Any changes to existing ground levels around poles and structures. B) Working under overhead powerlines and/or over underground cables. Western Power is obliged to point out that any change to the existing (power) system; if required, is the responsibility of the individual developer.
3 Main Roads PO Box 5010 Bunbury WA 6231
1. We note that your map sheet 8, page 20 does not appear to fully align with our concept design, a copy of which is attached for reference. 2. Main Roads also advise that there will be no direct access to the bypass from these lots.
Noted.
4 Water Corporation PO Box 100 Leederville WA 6902
SEWERAGE Subdivision of this area may require connection to a reticulated sewerage scheme in accordance with the Draft Government Country Sewerage Policy. Existing Water Corporation reticulated sewerage is remote from this site. The implementation of Water Corporation planning for the provision of the infrastructure to service the area is dependant on development and may require prefunding by the developer or the provision of temporary works. Developers should liaise with the Water Corporation at the preliminary planning stage of any development to determine the Corporation’s requirements. FUNDING The principle followed by the Water Corporation for the funding of subdivision, development or redevelopment is one of user pays and the developer is expected to provide all sewerage reticulation and to contribute for headworks. In addition the developer may be required to fund new works or the upgrading of existing works to connect this area to the existing scheme will require funding by the developer.
Noted.
5 Aqwest PO Box 400 Bunbury WA 6231
Please be advised that Aqwest has no comments in relation to the above subdivision.
Noted.
6 Department of Environment and Conservation South West Region
South West Highway Bunbury WA 6230
Lot 407 contains remnant vegetation. Remnant vegetation is important as a wildlife refuge and provides a corridor with nearby areas of remnant vegetation. The environmental Protection Authority Bulletin 1108 “Greater Bunbury Region Scheme” identifies an ecological corridor linkage which encompasses this property. The remnant vegetation on the property is also identified in Molloy at al, 2009, as being part of and contributing to a core regional ecological linkage. Any development should aim to minimise the impacts and fragmentation of the vegetation within the property and to adjoining vegetates areas. DEC datasets indicate that the proposal is located within an area known to support Western Ringtail Possums (WRP). DEC would expect that this area is also likely to contain native vegetation which is potential habitat for the Black Cockatoo. WRP and Black Cockatoos are listed as threatened species under the Commonwealth of Australia’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Western Australia’s Wildlife Conservation Act 1950. Major threats to the WRP and Black Cockatoos include habitat loss and fragmentation. The application does not provide any supporting documentation in relation to vegetation condition assessment or structure, which would enable the DCEC to adequately assess the suitability of the lot for “Mixed Business” zoning. In order for DEC to be able to respond to this proposal, and given that the proposal may have future impacts on the WRP and Black Cockatoo habitat and an ecological linkage, it is recommended that flora and vegetation and fauna surveys be undertaken on Lot 407, and the results assessed by DEC prior to finalizing or approving the proposed planning scheme amendment.
Noted. The scheme amendment documentation has been modified based upon the advice received from the Department of Environment and Conservation (DEC).
Given the potential time delays that would result from conducting such action, it is now proposed to progress with the scheme amendment as originally submitted by the proponent. Accordingly lots 75, 76, 916, 823, 715, 970, 821, 82, 407 and 4685 South Western Highway are omitted from the modified scheme amendment area, which will allow the scheme amendment to proceed in a timely fashion whilst DEC’s requirements can be undertaken independently and proposed changes to the properties, now omitted, can be subsequently captured as part of the upcoming scheme review process.
Recommended Condition Prior to the finalization or approval of the scheme amendment, the proponent is to undertake a flora and vegetation survey and a fauna survey on Lot 407 to the satisfaction of the DEC. If the survey identifies significant flora, vegetation or fauna values the proponent will need to demonstrate that these values will not be adversely impacted upon by the proposed scheme amendment or a revised amendment is to be submitted for approval by DEC, which protects the identified flora and fauna values. Advice Notes The flora and vegetation survey should at least cover all areas of Lot 407. The survey is to be carried out in accordance with EPA Guidance Statement no. 51 Terrestrial Flora and Vegetation Surveys for Environmental Impact Assessment in WA by a suitably qualified botanist that is competent and experienced in the vegetation communities found in the property. The flora and vegetation survey should be undertaken when the majority of the plant species in the area are flowering, fruiting and have foliage, which for most species is during spring. The fauna survey of the area is to be carried out by a suitably qualified biologist, in accordance with Environmental Protection Authority (EPA) Guidance Statement No. 56 Terrestrial Fauna Surveys for Environmental Impact Assessment in Western Australia. EPA guidance Statement No. 56 provides a definition of significant fauna. The Western Ringtail Possum and Black Cockatoos are listed as threatened species under the Commonwealth of Australia’s Environment Protection and Biodiversity Conservation Act 1999 and Western Australia’s Wildlife Conservation Act 1950. It is the expectation of DEC that environmental planning issues including those not specifically referred to in this letter will appropriately managed
through the planning system.
7 Department of Water
The DoW has no comments. Noted.
Orchid Drive GLEN IRIS 6230
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APPENDIX DPDS-5
Attachment A
Recommendations
1 Develop and implement ongoing education and communication programs focussed on the need for and the benefits of the Parking Strategy. This program is to be targeted at different stakeholders including businesses, customers, employees and special user groups. Bunbury and the BCCI are to disseminate easy to understand information for businesses to issue to their customers. Updates are to be regularly provided in the print and electronic media. (Section 2.3 item No.1 and 2006 item No.1).
2 Additional parking enforcement staff should be engaged to ensure a high degree of compliance with the parking regulations (2006 item No.1).
3 Develop parking plans for specific users including seniors, motorcyclists, drivers of vehicles towing caravans and trailers and the disabled, and also any special arrangements such as Gold Ticket parking. These plans should extend to advertising the location of this parking via way finding signage, the website and other media, especially for visitors (section 4.2.5 and 2006 item No.15).
4 The parking utilisation and occupancy surveys are an effective and necessary parking management tool and should be undertaken at least annually. This information and the statistical data obtained from the parking machines should be analysed and form the basis for any review and any amendments including amendments to hours of operation, time restrictions and parking fees in order to maintain short-term parking availability (churn) in the CBD. (2006 item Nos. 6, 7 and 8).
4. Subject to recommendation 4, the Parking Committee should give consideration to reviewing the commencement time of paid parking and parking restrictions in the CBD (example - from 8.00am to 8.30am) Any changes that may come from the review are to be implemented before 31 October 2012.
5. Subject to recommendation 4, the Parking Committee should give consideration to the immediate review of current time restrictions within the CBD with particular attention being given to increasing the time limits of the existing 1P zones. This review should also include site specific business and retail activity data. Any changes that may come from the review are to be implemented before 31 October 2012.
6. The Cornwall Street (upper) car park should be converted into short-term parking within the next two years and long-term parkers offered options to park outside of the core CBD or at park and ride facilities. (2006 item No.5).
7. In conjunction with the City’s Strategic Planning department, suitable options for additional parking, which may include decked parking, should be investigated and concept designs and cost estimates obtained (2006 item Nos. 12 and 13). Parking on these sites may be developed in conjunction with commercial development.
8. Undertake an annual safety, information and access assessment at all CBD car parks and provide a detailed list of improvements prioritised into urgent, necessary and desirable (2006 item No.4). Items to be assessed should include but not be limited to:
a. pedestrian access to and within the car parks
b. shelters over ticket machines in off-street car parks
c. lighting
d. landscaping
e. resurfacing
f. vehicle and pedestrian directional signage.
9. Continue to improve wayfinding and parking guidance systems to assist pedestrians and motorists to easily understand the convenience and availability of public parking in Bunbury (2006 item No.4).
10. Investigate a suitable funding source in addition to the net income from parking, (2006 item No.14) to support future parking needs and parking related capital works.
Attachment B Costs associated with an amendment of parking start time. The current parking restrictions commence at 8:00am. This time applies to both on-street parking and car parks. The commencement time of 8:00am was originally established to ensure prime parking is available immediately prior to the commencement of the majority of trading in the CBD. An analysis of the dispensing of tickets from both on-street ticket machines and car park machines was obtained and the data manipulated to provide an average of tickets dispensed in half hour intervals between 7:00am and 9:30 am. The information indicates that the utilisation of on-street parking increases sharply between 8:00am to 8:30am and then again between 8:30am and 9:00am. On- street ticket issued
Times 3.00 – 7.00
7.00 – 7.30
7.30 – 8.00
8.00 – 8.30
8.30 – 9.00
9.00 – 9.30
On-street 1 2 12 48 106 163 Therefore any change to the existing arrangements will have a financial cost implication. Following, is a breakdown of relevant costs. 1 Costs 1.1 Changes to parking signs
Any change to the start times for paid parking will require changes to both the street parking signs and car park sign. In some cases the signs will be able to be changed by applying a sticker over the existing sign, however in some cases, a replacement sign will be required. The necessary stickers and any replacement signs will be able to be made in-house. An anticipated cost for materials for changing signs would be approx $4,000.
1.2 Replacement tariff cards
Any change to the start times for paid parking will require the replacement of the instruction panels installed in the front of the parking machines. Those panels are required to be weather resistant as they are exposed to moisture and would result in rapid deterioration of paper. Each machine has two panels and the cost per panel is $4.00 making a total cost of replace panels of $1,160.
1.3 Reprogram of machines Any change to the content of the machine program would require a new program to be created and loaded into every machine. The City has twenty five (25) programs. Once the program has been provided they are able to be installed by staff. The cost of each program is $121, making a total cost of $3,025 for replacement of programs.
1.4 Labour costs
The change of the commencement time would require each machine to be reprogrammed, the tariff cards in the machines replaced, and the parking signs associated with the machines changed or replaced. Labour for the reprogramming of the machine, and the replacement of the tariff cards would be done by existing maintenance staff and would take approximately 30 minutes to complete each machine or a total of 72.5 hours man hours or $5,000 plus on costs. This does mean that maintenance staffs are redirected away from other maintenance priorities.
The time taken to apply a sticker over an existing sign is less than that required to replace the actual sign metal plate, however it would be anticipated that it would take an equal time; 72 man hours, or $5,000 plus on costs.
2 Loss of income – on-street parking
Proposed Start time - 8:30am
The average number of tickets dispensed, between 6:00am and 8:30am is sixty three (63). Based on the average ticket value, the anticipated annual loss of income would be approximately $12,000. This option was recommended by the CBD Parking Strategy Control Group.
Alternative Start Time - 9:00am
The average number of tickets dispensed, between 6:00am and 9:00am is one hundred and sixty nine (169). Based on the average ticket value, the anticipated annual loss of income would be $32,955. This option was not recommended by the CBD Parking Strategy Control Group.
3 Loss of income – all day car parks
Although there are two hundred and eighty one (281) tickets dispensed between 3:00am and 8:30am, a change in the commencement time for those car parks is unlikely to change parking machines income as the ticket dispensed from those machines are normally provided at the fixed daily rate of $3.60.
4 Cost implication
The cost of reprogramming machines and replacing signs, excluding labour, is estimated at approximately $8,000.
The estimated loss of income associated with a commencement time of paid parking to 8:30am is approximately $12,000. The estimated loss of income associated with a commencement time of paid parking to 9:00am would be approximately $33,000. As stated, this loss of income applies only to on-street parking as there would only be a minimal impact on income loss from all day car parks as most patrons take advantage of the fixed all day rate of $3.60.
5 Consistent application of parking hours of operation
Start times for parking restrictions can be changed varied to best accommodate the parking demands. However, it is important that when changes to parking operating times are introduced there must be a consistent approach together with clear delineation to prevent unnecessary confusion to motorists.
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The City of Bunbury does not warrant the accuracy of information in this publication and any person using or relying upon such information does so on the basis that the City of Bunbury shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.
7/06/2012
1:1500
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APPENDIX MTBN-2
CBD Parking Strategy Project Control Group MINUTES Wednesday 2 May 2012 Committee Terms of Reference 1. The CBD Parking Strategy Project Control Group is an advisory committee of the Council
that was established on 8 April 2008 to “Implement the City’s CBD Parking Strategy and any associated policy documents”.
2. At the Council Meeting on 24 June 2008 it was decided to refer the following matter of the
CBD Parking Strategy Project Control Group: “To re-consider the timing of works for the upgrade of Prinsep and Wellington Streets and to provide advice to Council on the Caf-fez proposal for alfresco dining (in Prinsep Street) which includes an area of kerbside parking”.
3. At the Council Meeting on 14 April 2009 it was decided (Decision No.79/09) that the CBD
parking Strategy project Control Group would investigate (and report its findings) to the Council Committee Meeting on 12 May 2009 concerning “time limits for beach front car parks”.
Notice of Meeting Dear Committee Members A special meeting of the CBD Parking Strategy Project Control Group will be held in the Ocean Room, City of Bunbury Administration Building, 2-4 Stephen Street, Bunbury on Wednesday 2 May 2012 commencing @ 9.30am to discuss the future of the CBD Parking Committee. Signed: Neil Dyer Parking Coordinator
Minutes Wednesday 2 May 2012
Members of the public to note that recommendations made by this committee are not final and will be subject to adoption (or otherwise) at a future meeting of the Bunbury City Council.
Committee Members:
Member Name Representing His Worship the Mayor, Mr David Smith (Chair)
Councillor Stephen Craddock
Councillor Ross Slater
Andrew Horan Bunbury Chamber of Commerce & Industry
John Ventris Hospitality Industry
Support Staff:
Name Title Andrew Brien Chief Executive Officer
Geoff Klem Director Strategic Intergration
Bob Karaszkewych Director City Development
John Kowal Manager Community Law & Safety
Neil Dyer Parking Coordinator
Jenna Beacham Minute Taker
1. Open Meeting His Worship the Mayor, Mr David Smith opened the meeting 2. Attendances His Worship the Mayor, Mr David Smith
Director Strategic Integration, Geoff Klem Director Planning & Development Service Bob Karaszkewych CEO Andrew Brien
Parking Coordinator, Neil Dyer Manager Community Law, Safety & Emergency Management, John Kowal Councillor Ross Slater
Date 2011 Agenda – CBD Parking Committee ______________________________________________________________________________
Page 2
Councillor Stephen Craddock Bunbury Chamber of Commerce & Industry Rep, Jo O’Day (on behalf of Andrew Horan)
Media and communications officer – Kate Phillips 3. Apologies
Hospitality Industry Rep, John Ventris Bunbury Chamber of Commerce & Industry Rep, Andrew Horan
4. Disclosures of Interest
IMPORTANT: Committee members to complete a “Disclosure of Interest” form for each item on the agenda in which they wish to disclose a financial/proximity/impartiality interest. They should give the form to the Presiding Member before the meeting commences. After the meeting, the form is to be forwarded to the Administration & Property Services Section for inclusion in the Corporate Financial Disclosures Register.
5. Confirmation of Minutes
Moved: Cr Stephen Craddock Seconded: Mayor David Smith
The Minutes of the CBD Parking Committee Meeting held on 16 April 2012, are confirmed as a true and accurate record.
CARRIED 6 General Business
Nil
7 New Business
Presentation of CBD Parking Review by ARRB prior to the report being presented to Council on the 8 May 2012
Larry Schneider from Luxmoore Parking Consulting a division of ARRB, presented an over view of the draft report on CBD Parking Review. The committee discussed several points from within the report which were all noted by Mr Schneider. Mr Schneider advised he would provide the additional clarification within the report as requested by the Committee and advised the report would be provided on Monday 7 May 2012.
8 Urgent business Nil
9 Date of next meeting
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SCHEDULE OF ACCOUNTS PAID
For the period 1st May 2012 to 31
st May 2012
CITY OF BUNBURY Municipal Account 2 - 3
Advance Account 4 - 71 Visitor Information Centre Trust Account 72 - 77
BUNBURY HARVEY REGIONAL COUNCIL
Municipal Account 78 - 82
Advance Account 83 - 85
For further details on any payments made please contact David Ransom on (08) 9792 7160; or Michelle Larkworthy on (08) 9792 7162
09/05/2012 COB Municipal Account Payroll - P/E 09/05/2012
Payroll - P/E 23/05/201223/05/2012 COB Municipal Account
COB Municipal Account
Payee Description Amount
Schedule of Accounts Paid
for Period
01/05/2012 to 31/05/2012
City of Bunbury
Total: Corporate Credit Card Payments
Commonwealth Bank Corporate Credit Card31/05/2012
CERTIFICATION BY DIRECTOR CORPORATE SERVICES
This Schedule of Accounts Paid is submitted to the Council Meeting on 26th June 2012 in accordance with the Local Government (Financial Management) Regulations 1996 Section 13. These
accounts have been checked and are fully supported by vouchers and invoices, which have been duly certified as to the receipt of goods and the rendition of services and as to prices,
computations and costings.
W. WRIGHT
DIRECTOR CORPORATE SERVICES
COB Municipal Account $4,821,554.08
3
Schedule of Accounts Paid
for Period
1/05/2012 to 31/05/2012
City of Bunbury
COB Advance Account
Reference
No. Amount DescriptionPayeeDate
Cheque Payments 00147842 02/05/2012 Ben Adam Pringle & Tara Lousie Mun Overpayment Refund 868.22
Construction - Bunbury Airport$2,970,482.54Total: EFT Payments
Total: $3,205,078.98COB Advance Account
CERTIFICATION BY DIRECTOR CORPORATE SERVICES
This Schedule of Accounts Paid is submitted to the Council Meeting on 26th June 2012 in accordance with the Local Government (Financial Management) Regulations
1996 Section 13. These accounts have been checked and are fully supported by vouchers and invoices, which have been duly certified as to the receipt of goods and the
rendition of services and as to prices, computations and costings.
W.WRIGHT
DIRECTOR CORPORATE SERVICES
71
Schedule of Accounts Paid
for Period
1/05/2012 to 31/05/2012
City of Bunbury
BVIC Trust Account
Reference
No. Amount DescriptionPayeeDate
Cheque Payments 00008954 14/05/2012 Koombana Resort/Hobson 603.44City of Bunbury
This Schedule of Accounts Paid is submitted to the Council Meeting on 26th June 2012 in accordance with the Local Government (Financial Management) Regulations
1996 Section 13. These accounts have been checked and are fully supported by vouchers and invoices, which have been duly certified as to the receipt of goods and the
rendition of services and as to prices, computations and costings.
This Schedule of Accounts Paid is submitted to the Council Meeting on 26th June 2012 in accordance with the Local Government (Financial Management) Regulations 1996 Section 13. These
accounts have been checked and are fully supported by vouchers and invoices, which have been duly certified as to the receipt of goods and the rendition of services and as to prices,
computations and costings.
W. WRIGHT
DIRECTOR CORPORATE SERVICES
BHRC Municipal Account $1,960,464.97
Commonwealth Bank Corporate Credit Card30/05/2012
Schedule of Accounts Paid
for Period
01/05/2012 to 31/05/2012
Bunbury Harvey Regional Council
BHRC Municipal Account
Payee Description Amount
82
Schedule of Accounts Paid
for Period
1/05/2012 to 31/05/2012
City of Bunbury
BHRC Advance Account
Reference
No. Amount DescriptionPayeeDate
Cheque Payments 00013719 10/05/2012 Term Deposit 1,837,469.53Bunbury Harvey Regional Council
Volvo Truck Repairs2486.3513 30/05/2012 Processing of E-Waste Container 3,778.94Total Green Recycling
INV 29/05/2012 12:00:00AM1034 3,778.94Processing of E-Waste Container
Processing of E-Waste Container2486.4640 30/05/2012 Collection of Tyres 2,898.55Tyrecycle Pty Ltd
INV 29/05/2012 12:00:00AM342259 543.97Collection of Tyres
INV 29/05/2012 12:00:00AM342304 2,354.58Collection of Tyres
Collection of Tyres2486.4744 30/05/2012 Delivery of Crushed Concrete 552.75Cross Resource Management
INV 29/05/2012 12:00:00AM00003775 552.75Delivery of Crushed Concrete
Delivery of Crushed Concrete$37,496.48Total: EFT Payments
Total: $1,889,517.58BHRC Advance Account
84
Schedule of Accounts Paid
for Period
1/05/2012 to 31/05/2012
City of Bunbury
CERTIFICATION BY DIRECTOR CORPORATE SERVICES
This Schedule of Accounts Paid is submitted to the Council Meeting on 26th June 2012 in accordance with the Local Government (Financial Management) Regulations
1996 Section 13. These accounts have been checked and are fully supported by vouchers and invoices, which have been duly certified as to the receipt of goods and the
rendition of services and as to prices, computations and costings.
W.WRIGHT
DIRECTOR CORPORATE SERVICES
85
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APPENDIX ITBN-2
14 June 2012
Report ‐ Leadership Development Workshop ‐ In the Chamber: A Master Class Capel, 15th May
This report relates to the leadership development workshop held in Capel at the Community Centre
on Tuesday, May 15. I would like to thank Council and the City’s Ratepayers for facilitating and
paying for this opportunity. The workshop ran from 9:20am to 3:25pm and was competently
facilitated by Anthony Quahe. Anthony is a very articulate and interesting facilitator and I would
recommend attendance at any “event” that he facilitates.
Programme:
1. Leadership, what is it? – Anthony suggested that leaders should exercise sound judgement,
have good reasoning skills, have sufficient information, take responsibility, be sensitive, have
high ethics, be a clear thinker with objectivity and rationality. Be real, sincere, authentic and
honest.
2. Motivation & Self‐awareness – Anthony got each attendee to talk about an object on their
person and explain to the group what it said about them. I talked about the RSL tie that I was
wearing and suggested that I wanted things to have a meaning. Rather than wearing
decorative ties, most of mine have a meaning – RSL, JP, Corporate etc
3. Communication Skills – The art of listening and the use of open ended questions.
4. Team Building – We took part in the DISC technique (Direct, Influencing, Conscientious,
Stabilising). I didn’t take an accurate count but the vast majority of the participants ended
up in the Influencing sector (which makes them good leaders). I, and only a couple of other
attendees, ended up in the Direct sector (which means I need to get things done and see
results – a doer). We also took part in the Moon Explorer Problem which demonstrated the
value of a Team as opposed to an individual. In the individual test, I scored 50 – which meant
I had survived the challenge alive, but only just. Our Team, on the other hand, scored 18 –
which meant that our Team demonstrated great survival skills with all members returning to
base without any dramas.
5. Council Performance – We then took over Council Chambers and ran three (3) mock Council
meetings with Anthony interrupting and advising when things were not said or done to his
liking. He had Council Officers acting as the gallery and they gave feedback on individual
performances. Good stuff.
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Key Learnings:
1. Attitude reflects leadership. Attitude is affected by respect.
2. Self‐awareness leads to authenticity. Know your “hot buttons” and know how to use them in
your interactions.
3. Communication – how we say things and what we say.
4. Questioning techniques, the art of listening.
5. The value of the Team.
Networking:
There were 18 attendees, from the Capel CEO and a number of his Officers to the Dardanup Shire
President, John Gardiner, a Councillor from Harvey with Councillors from Busselton and Capel, plus
Neville and I.
nhribar
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RETURN
APPENDIX ITBN-3
14 June 2012
Report – LG Emergency Management Forum, Perth 1st June 2012
This report relates to the Local Government Emergency Management Forum held in Perth at the
Burswood Complex on Friday June 1, 2012. I would like to thank Council and the City’s Ratepayers
for facilitating and paying for this opportunity. The forum ran from 8:30am to 4:30pm and was
competently facilitated by Rebecca Cotton. Rebecca is a very skilled and interesting facilitator and I
would recommend her use by the City, should the occasion arise. Rebecca is a resident of Bunbury.
Programme:
1. Welcoming Address & Purpose WALGA – John Lane spoke of the 2005 Emergency
Management Act and the need to review LG’s role in Emergency Management (EM). What
are the challenges, what are the opportunities, what do we do next? Workshops/forums are
to be held to come up with LG’s position on and involvement in EM. A final report is due in
December.
2. FESA CEO Wayne Gregson – Wayne spoke of the role of volunteers (32,000) and the fact
that FESA could not function without them. He spoke of the blame culture that exists now,
when things go wrong. He talked of the gap between community expectations ‐ what is
expected and what can be delivered. He wants his new Department to be operationally
focussed, not overly bureaucratic, structured properly to deliver mapped SOPs and training.
He wants community engagement and wants FESA to adopt a Yes culture rather than a No
culture. The Office of Bushfire Risk Management will be under FESA. During question time
he did struggle to convince an Elected Member that he could come into her town (Byford)
and not communicate with LG about his movements – pretty unconvincing when he had
earlier talked of community engagement. If he will not “engage” with Elected Members,
how does that help his “engagement” ideas? At the end of his speech, Mr Gregson left – so
no opportunity for networking – I couldn’t quiz him about the Rescue Helicopter for Bunbury
or funding for our EM Hub. Pity, really – sorry, I was hoping to bring the chopper back with
me!
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3. Shared Responsibility – Bob Hall Dept Premier & Cabinet – Bob spoke of bushfire risk
increasing due to changing demographics – people living in inappropriate places. Very
difficult to defend some new sub‐divisions – increasing suppression resources is not the
solution. From Keelty report #1 – out of 55 recommendations, 26 have been completed with
29 being in progress. ESL review within 6 months of FESA becoming a Department (with a
possible transfer to Finance). Fire mitigation currently under review. Keelty report #2 made
10 recommendations which the Government have accepted. DEC to implement with the
State Emergency Management Committee (SEMC) to oversee progress. First report due this
Month. Consulting company Noetic have delivered a draft report (last week) on the
Margaret River fires with a specific role to work out how the Milyeanup prescribe burn
escaped. The Office of Bushfire Risk Management will co‐ordinate burns across all tenures,
develop standards, have access to resources and their locations, identify training needs and
will receive referrals for all future land development and sub‐divisions. The Bushfire Risk &
Mitigation Project will look at living in safe places and bushfire risk mitigation.
4. Gascoyne/Carnarvon Flood – Maurice Battilana CEO Carnarvon Shire – In December 2010,
Carnarvon (and of course, Gascoyne Junction) suffered a significant disaster when flood
waters of 7.8 metres hit the district. 85% of the town is protected by levies but the highway
south was cut for 18 days causing disruption to the Pilbara and Kimberley. FESA was warmly
congratulated for their assistance/support during the disaster. One of the key things that
Carnarvon learnt was to establish a one stop information point for residents. Such agencies
as Centrelink, Shire, Red Cross, etc were represented and helped with information flow.
Fatigue was a major problem during the recovery phase. The rubbish tip was not accessible
during the flood and alternative arrangements had to be made. New levies to divert flood
water south of the town were designed in 2000 with an estimated cost of $20M but never
funded. The same plans are now being resurrected but the cost is now expected to be in the
region of $120M. Federal & State funding is currently being sought.
5. Emergency Management WA – Melissa Pexton – EMWA are currently working on the
review of the EM Act. The aim is to build resilient communities and they are working on a
National Partnering Agreement, with a focus on resilience. A State Risk Register has been
compiled and will be released to Government this month. Changes being recommended
include vigorous governance, greater focus on risk assessment & community resilience,
advice of the State’s level of preparedness and a strategic approach to funding for mitigation
and resilience capacity building. EMWA are hoping to become independent of FESA and
become free of being linked to service providers. They will seek a greater emphasis on a
whole of Government approach. They plan to offer impartial, professional advice and
support through a dedicated team. Current Projects are:
EM Act Review.
State Recovery Review.
National Disaster Resilience Strategy Programme.
State Risk Register.
State Crisis Information Management System (IT).
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Questions were raised about the cost of resilience to LG and it was suggested that the focus
should be on realigning current activities to include EM and the costs, should therefore, not
be too high. Concern was raised about the need to have recovery work carried out by
Contractors to attract funding, rather than use Council resources which would often be
quicker and cost less.
6. Bushfire Preparedness – Paul Needham & Tim Wall of City of Busselton – Paul & Tim
outlined a very strict regime of training/assistance to residents in fire prone areas until 1st
December when compliance was enforced rigorously. This carrot and stick method has
worked very well and they are finding that inspections are not required as often and fines
for lack of compliance have dropped off significantly. Busselton hold a multi agency open
day together with markets, once a year and that has been very successful. They have a vision
that they will only subdivide cleared land and retain bush areas. They have a building
protection zone of 25m – which does not mean no trees at all but is a managed environment
as far as undergrowth is concerned. A 3 metre tree exclusion zone exists but no overhang is
allowed.
7. Forum Workshop – Rebecca Cotton – This was the first of 2 forums, the 2nd date to be
advised but August is most likely and the 2nd forum will build on items discussed today and
prioritise findings. Numerous issues were identified (What’s Hot) – I will only list 10 and they
are not in any order and more important items may not even score a mention on my list!
Compliance burden for LG.
EM just one part of LG.
Complexity of recovery.
Capability of handling multiple events (at the same time).
Lack of capacity/funding for small LGs.
Risk Register findings impact on cost of insurance – high risk/high insurance.
FESA engagement strategy.
Conflict – environment v’s mitigation.
Inconsistent LG responses.
Lessons learnt to be shared.
Trying to tease out more issues for attention – Rebecca sought “What Keeps You Awake at
Night?” – again, I will only list 10:
Planning & resources.
Sustainability & education.
Volunteers – FIFO & aging population.
Uniformity between Councils.
Responsibility v’s blame.
Budget for emergencies.
Litigation v’s community resilience.
Funding & affordability.
Span of management capacity.
Uncertainty – amalgamation/FESA restructure.
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Networking:
There were 150 attendees. I did not stay overnight and missed the opportunity to network over a
drink – sitting at my table during the day were:
Trevor Vaughan – Mayor of Victoria Park
Donna Davies – Collie
Derek Fletcher – Joondalup
Veronica Laurence – South Perth
Leonie Moore – Dept Commerce
Peta Nolan – City of Bunbury
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RETURN
APPENDIX ITBN-4
Invoice Date Debtor Amount Reason for Write Off
7/9/11 Cable Synergy $136.38 Invoiced for the reinstatement of asphalt, corner Spencer Street and Lovegrove
Ave Bunbury. Business is in receivership and no payment is expected.