City of Bunbury Council Minutes 21 July 2020 and Minutes...CITY OF BUNBURY 4 Stephen Street Bunbury...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

City of Bunbury Council Minutes 21 July 2020

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21 July 2020 Minutes – Council Meeting

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

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

3. Announcements from the Presiding Member .................................................................................... 7

4. Attendance ...................................................................................................................................... 8

4.1 Apologies ........................................................................................................................ 8 4.2 Approved Leave of Absence........................................................................................... 8

5. Declaration of Interest ...................................................................................................................... 9

6. Public Question Time ........................................................................................................................ 9

6.1 Public Question Time ..................................................................................................... 9 6.2 Responses to Public Questions Taken ‘On Notice’ ........................................................ 9

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ........................................ 10

7.1 Minutes ........................................................................................................................ 10 7.1.1 Minutes – Ordinary Council Meeting 10 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups 10

8. Petitions, Presentations, Deputations and Delegations .................................................................... 12

8.1 Petitions ....................................................................................................................... 12 8.2 Presentations ............................................................................................................... 12 8.3 Deputations .................................................................................................................. 12 8.4 Council Delegates’ Reports .......................................................................................... 12 8.5 Conference Delegates’ Reports ................................................................................... 12

9. Method of Dealing with Agenda Business ........................................................................................ 12

10. Reports .......................................................................................................................................... 13

10.1 Grant Funding Program Policy Review (listed as 10.1.1 in Agenda) ............................ 13 10.2 Amendment to Terms of Reference for the Bunbury Events Advisory Committee (listed as

10.1.2 in Agenda) ......................................................................................................... 16 10.3 Disability Access and Inclusion Committee – Request to Endorse DAIP Progress Report

2019/20 (listed as 10.1.3 in Agenda) ........................................................................... 19 10.4 CEO Exercise of Delegation Report – 30 June 2020 (listed as 10.2.1 in Agenda) ........ 22 10.5 Proposed Revocation of Portion of Management Order Over Reserve 670 South Western

Highway, Davenport (listed as 10.4.1 in Agenda) ....................................................... 26 10.6 WALGA Annual General Meeting 2020 (listed as 10.3.1 in Agenda) ........................... 29 10.7 Corporate Business Plan 2020/21 to 2023/24 (listed as 10.3.2 in Agenda) ................ 32

11. Applications for Leave of Absence ................................................................................................... 35

11.1 Cr Plumb ....................................................................................................................... 35

12. Motions on Notice .......................................................................................................................... 35

13. Questions on Notice ....................................................................................................................... 35

13.1 Response to Previous Questions from Members taken on Notice .............................. 35 13.2 Questions from Members ............................................................................................ 35

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ...................................... 36

15. Meeting Closed to Public ................................................................................................................ 36


15.1 Matters for which the Meeting may be Closed ........................................................... 36 15.2 Public Reading of Resolutions that may be made Public ............................................. 36

16. Closure ........................................................................................................................................... 36


Acknowledgement of Country

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

Vision

Bunbury: welcoming and full of opportunities.

Organisational Values

#WEARECOB

WE ARE COMMUNITY

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

WE ARE OPEN

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

WE ARE BRAVE

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


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

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

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

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

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


Minutes 21 July 2020

1. Declaration of Opening / Announcements of Visitors

The Mayor declared the meeting open at 5.30pm, and advised that Cr Karen Stele is attending the meeting via telephone in accordance with Regulation 14C(2) of the Local Government (Administration) Regulations 1996, which reads: (2) A member of a council or committee may attend a meeting by electronic means if —

(a) a public health emergency or a state of emergency exists in the whole or a part of the area of the district of a local government; and

(b) because of the public health emergency or state of emergency, the member is unable, or considers it inappropriate, to be present in person at a meeting; and

(c) the member is authorised to attend the meeting by electronic means by — (i) the mayor; or (ii) the president; or (iii) the council.

Cr Steele is currently unwell and as a result of the COVID19 public health emergency considers it inappropriate to attend the meeting in person. The Mayor has approved this arrangement in accordance with Regulation 2(c)(i).

2. Disclaimer

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


Recording and Webstreaming of Meetings • All Ordinary and Special Council Meetings are electronically recorded except when Council

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

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

Videos-2020.aspx • Images of the public gallery are not included in the streaming, however the voices of people

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

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

3. Announcements from the Presiding Member

The Mayor announced that the City hosted a recent WA Government Trade Commissioners delegation, with delegates from India, Indonesia, Japan and China. This visit comprised a tour of the City and the Port facilities, as well as a working lunch. The Mayor advised that he, along with the CEO and Director Strategy and Organisational Performance met with the SW Football League Executive Committee regarding the potential upgrades to the changerooms and where the league if currently located at Hands Oval. The league was in general agreement with the design, and the City will now work with the league executive and the architect to fine tune any changes, as well as prepare quantity survey estimates with a view to the Minister presenting this to State Cabinet to fund the project. The Mayor advised that his fuel costs for the period were $56.47.

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

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx


4. Attendance Council Members: Presiding Member: Mayor G Brennan Members: Deputy Mayor J Miguel Councillor K Turner Councillor B McCleary Councillor T Smith Councillor C Kozisek Councillor W Giles Councillor K Steele (via telephone) Councillor A Yip Councillor T Brown Councillor J Hayward Executive Leadership Team (Non-Voting) Chief Executive Officer Mr M Osborne Director Sustainable Communities Mr G Barbour Director Strategy and Organisational Performance Mr D Chandler Director Infrastructure Mr G Harris City of Bunbury Officers (Non-Voting) Manager Governance Mr G Golinski Media and Engagement Officer Ms K Fielding Manager Finance Mr D Ransom Others (Non-Voting) Members of the Public 5

4.1 Apologies Cr Steck

4.2 Approved Leave of Absence Cr Plumb’s request for leave will be dealt with at item 11 of the agenda.


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

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

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.” Councillor Kozisek declared an impartiality interest in Item 10.1.2 ‘Amendment to Terms of Reference for the Bunbury Events Advisory Committee’ as she is the president of the Retail Co.

6. Public Question Time

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

6.1 Public Question Time

Nil 6.2 Responses to Public Questions Taken ‘On Notice’ Nil


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the City of Bunbury Council held on 7 July 2020 have been circulated. Recommendation

The minutes of the Ordinary meeting of the City of Bunbury Council held 7 July 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

Outcome of Meeting 21 July 2020

The recommendation (as printed) was moved by Cr McCleary and seconded by Cr Giles. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 149/20

The minutes of the Ordinary meeting of the City of Bunbury Council held 7 July 2020 be confirmed as a true and accurate record. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report Author: Various Executive: Various Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic ☐ Legislative

☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: Appendix MTBN-1 BEAG Meeting Minutes – 1 July 2020 Appendix MTBN-2 DAIC Meeting Minutes

Summary The following Advisory Committee Meeting was held and the minutes are presented for noting: 1. Title: Bunbury Events Advisory Committee Meeting – 1 July 2020 Author: Liz Allan, Executive Research and Project Officer Appendix: MTBN-1


2. Title: Disability Access and Inclusion Committee Meeting – 1 July 2020 Author: Liz Allan, Executive Research and Project Officer Appendix: MTBN-2 Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Bunbury Events Advisory Committee Meeting – 1 July 2020 2. Disability Access and Inclusion Committee Meeting – 1 July 2020 Voting Requirement: Simple Majority Required


The recommendation (as printed) was moved by Cr McCleary and seconded by Cr Kozisek. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Bunbury Events Advisory Committee Meeting – 1 July 2020 2. Disability Access and Inclusion Committee Meeting – 1 July 2020 CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Nil

8.2 Presentations Nil

8.3 Deputations Nil

8.4 Council Delegates’ Reports Nil

8.5 Conference Delegates’ Reports Nil

9. Method of Dealing with Agenda Business Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc). Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those recommendations listed for items 10.1.1, 10.1.2, 10.1.3, 10.2.1 and 10.4.1. Items 10.3.1 and 10.3.2 were then discussed and voted on separately. All items have been renumbered with the items voted “by exception” listed first. The items “adopted by exception” were moved by Cr Hayward seconded by Cr Miguel.


10. Reports 10.1 Grant Funding Program Policy Review (listed as 10.1.1 in Agenda)

Applicant/Proponent: Bunbury Events Advisory Committee Responsible Officer: Juaini Taylor, Senior Events Officer Responsible Manager: Sarah Upton, Manager Community Services Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative

☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix RAC-1: Proposed Grant Funding Program Policy Appendix RAC-2: Current Grant Funding Program Policy

Summary The purpose of this report is for provide the new Grant Funding Program Policy for endorsement. The proposed Grant Funding Program Policy is attached at Appendix RAC-1 whilst the existing policy is attached at Appendix RAC-2. Committee Recommendation That Council endorse the revised Grant Funding Program policy, as attached at Appendix RAC-1.

Voting Requirement: Simple Majority Strategic Relevance

Theme 4 Our City Goal Civic Leadership, partnerships and sound governance in delivering with and

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

development and implementation Objective 4.4 A skilled organisation, which exercises responsible asset stewardship, sound

financial management, and exemplary customer service Regional Impact Statement

The revised Grant Funding Program policy for the BEAC will provide a clear direction for the Committee to build on its foundation of success and achieve greater social, economic and vibrancy for our region. Background

The City of Bunbury provides funding for a range of programs, events and activities each year to enhance the community and economy. The grant programs aim to be thorough yet transparent and enable a range of quality and diverse projects to take place. Every proposal seeking funding from the City of Bunbury must complete a grant application. The existing policy for the Grant Funding Program is updated each year to align with the funding guidelines, that are currently reviewed on an annual basis.


At its Meeting held 1 July 2020, the Bunbury Events Advisory Committee considered and endorsed the Grant Funding Program Policy for referral to Council. Council Policy Compliance

This report relates to the Grant Funding Program policy. Policy statement: To provide an equitable and transparent process when Council determines its financial support to individuals, community and sporting groups, and other legal entities.

Legislative Compliance

Local Government Act 1995 Officer Comments The proposed changes to the Grant Funding Program policy relate to the assessment of each funding category and the members that represent each panel, as well as clarifying the role of the BEAC. Analysis of Financial and Budget Implications

Each funding category assessment panel makes recommendations regarding the allocation of funding under the City’s Grant Funding Policy to the Chief Executive Officer for implementation. An allocation/payment of funds from a budget that has been adopted is not a delegation, and therefore would be acceptable for a committee to make a recommendation to the CEO for endorsement of grant funding, so long as the Committees terms of reference and associated policy state as such. Community Consultation

Not applicable. Councillor/Officer Consultation This report seeks to brief the members of the Bunbury Events Advisory Committee, the proposed changes to the Grant Funding Program policy. Applicant Consultation Not applicable. Timeline: Council Decision Implementation Council will be asked to endorse the proposed changes to the Grant Funding Program policy as part of the next Council meeting on the 21 July 2020.



The recommendation (as printed) was moved by Cr Hayward and seconded by Cr Miguel. The Mayor put the motion to the vote and it was adopted (en-bloc) to become the Council’s decision on the matter.


That Council endorse the revised Grant Funding Program policy, as attached at Appendix RAC-1. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.2 Amendment to Terms of Reference for the Bunbury Events Advisory Committee (listed as 10.1.2 in Agenda)

Applicant/Proponent: Bunbury Events Advisory Committee Responsible Officer: Juaini Taylor, Senior Events Officer Responsible Manager: Sarah Upton, Manager Community Services Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix RAC-3: Proposed amended Bunbury Event Advisory Committee Terms of Reference

Summary The purpose of this report is to provide the amended Terms of Reference for the Bunbury Events Advisory Committee for Council endorsement. Committee Recommendation That Council endorse the revised Terms of Reference for the Committee as attached at Appendix RAC-3.

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

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

development and implementation Objective 4.4 A skilled organisation, which exercises responsible asset stewardship, sound

financial management, and exemplary customer service Regional Impact Statement The revised Terms of Reference for the BEAC will provide a clear direction for the Committee to build on its foundation of success and achieve greater social, economic and vibrancy for our region. Background On the 11 March 2020, the BEAC met and endorsed the Committee’s terms of reference with no changes apart from the committee’s authorisation levels. Upon submission of the BEAC’s Terms of Reference report to council last month, the report was withdrawn to enable Council Officers and the BEAC another opportunity to review the Council’s Grant Funding Program Policy concurrent with the terms of reference, to ensure consistency between the two (2) documents. The two (2) documents as it currently stands would create a conflict between the BEAC’s Terms of Reference and the Grant Funding Program policy, specifically in relation to the authority for the allocation of funds to applicants under the terms of the Grant Funding Program Policy.


At its Meeting held 1 July 2020, the Bunbury Events Advisory Committee approved the Terms of Reference for referral to Council endorsement. Council Policy Compliance This report relates to the Grant Funding Program policy. Policy statement: To provide an equitable and transparent process when Council determines its financial support to individuals, community and sporting groups, and other legal entities. Legislative Compliance The Bunbury Events Advisory Committee has no delegated authority and instead makes recommendations to either Council or the Chief Executive Officer in accordance with its terms of reference. Officer Comments By proposing the committee to make recommendations to the CEO regarding the allocation of funding, this will allow a quick turnaround of funding outcomes to applicants. Should additional funds be required for the grant program or any other funding proposals received outside the funding round, then a recommendation will be referred to Council for a decision. Analysis of Financial and Budget Implications It has been clarified and confirmed, that an allocation/payment of funds from a budget that has been adopted is not a delegation, and therefore would be acceptable for a committee to make a recommendation to the CEO for endorsement of grant funding, so long as the Committees terms of reference and associated policy state as such. Community Consultation Not applicable. Councillor/Officer Consultation Advice sought from the Manager of Governance confirms that an allocation/payment of funds from a budget that has been adopted is not a delegation, and therefore would be acceptable for a committee to make a recommendation to the CEO for endorsement of grant funding, so long as the Committees terms of reference and associated policy state as such. Applicant Consultation Not applicable. Timeline: Council Decision Implementation Council will be asked to endorse the amended Terms of Reference as part of the next Council meeting on 21 July 2020.





That Council endorse the revised Terms of Reference for the Committee as attached at Appendix RAC-3. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.3 Disability Access and Inclusion Committee – Request to Endorse DAIP Progress Report 2019/20 (listed as 10.1.3 in Agenda)

Applicant/Proponent: Disability Access and Inclusion Committee Responsible Officer: Danika Wellington, Community Partnerships Officer Responsible Manager: Sarah Upton, Manager Community Services Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative


Attachments: Appendix RAC-4: DAIP Progress Report 2019/20 Summary The City has reviewed its Disability Access and Inclusion Plan (DAIP) implementation plan and documented the progress of all the projects and actions for the 2019/20 period. The DAIP Progress Report has been endorsed by the Disability Access and Inclusion Committee (DAIC) and is presented for endorsement by Council prior to submission to the Disability Services Commission by 31 July 2020. Committee Recommendation That Council:

1. Note the DAIP Progress Report (attached at Appendix RAC-4); and 2. Endorse the DAIP Progress Report for submission to the Disability Services Commission. Strategic Relevance Theme 1: Our community and culture Goal: A safe, healthy and cohesive community, with a rich cultural life, and

supportive social environment Objective 1.5: Establish Bunbury as the Most Accessible Regional City in Australia by 2020 Regional Impact Statement The DAIP Progress Report will be submitted to the State Government and it is possible some achievements may be recognised by the Minister for Disability Services to be included in the State DAIP report which is published across the State. Background Each financial year local governments are required by law (Disability Services Act 1993 (amended 2004)) to submit a Disability Access and Inclusion Plan (DAIP) Progress Report documenting strategies implemented over a 12-month period. The Department of Communities, Disability Services recently announced that the progress reporting templates were open for submissions and are due to be submitted by 31 July 2019.


One of the core functions of the Disability Access and Inclusion Committee (DAIC) is to monitor the implementation of the City’s DAIP which is outlined in Point 3 of its Terms of Reference. The At its meeting held 1 July 2020 DAIC endorsed the DAIP Progress Report (attached at Appendix RAC-4) and have referred this to Council for endorsement to enable submission to the Disability Service Commission by 31 July 2020. Council Policy Compliance The DAIC operates under the Council’s Code of Conduct. The City’s DAIP commitments are outlined in the Access and Inclusion Council Policy. Legislative Compliance Disability Services Act 1993 (amended 2004) Local Government Act 1995 Officer Comments The Department of Communities, Disability Services has granted an extension of an additional month and has substantially reduced the format of the report in consideration of the challenging environment experienced by all authorities due to COVID-19. This year, there was no online submission option and the Word format template was used. All activities listed in the report were new activities or ongoing projects that have made significant contributions in the disability sector during the last financial year. Analysis of Financial and Budget Implications There are no financial or budgetary implications stemming from the recommendations of this report. Community Consultation Not applicable Councillor/Officer Consultation Not applicable Applicant Consultation Not applicable Timeline: Council Decision Implementation The DAIP Progress Report will be submitted to Council for endorsement at the next Ordinary Council meeting on 21 July 2020.





That Council: 1. Note the DAIP Progress Report (attached at Appendix RAC-4); and 2. Endorse the DAIP Progress Report for submission to the Disability Services Commission. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.4 CEO Exercise of Delegation Report – 30 June 2020 (listed as 10.2.1 in Agenda)

File Ref: COB/371 Applicant/Proponent: Internal Report Responsible Officer: Mal Osborne, Chief Executive Officer Responsible Manager: Mal Osborne, Chief Executive Officer Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☐ Legislative

☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: Appendix CEO-1: Delegated Authority 1.1.16 Appendix CEO-2: Exercise of Delegations Report to 30 June 2020

Summary This report fulfils the Chief Executive Officer’s obligation to report to Council on a monthly basis regarding the exercise of his delegated authority 1.1.16 Defer, Grant discounts, Waive or Write-Off Debts a copy of which is attached at Appendix CEO-1. This report also serves to address point 8 of Council Decision 067/20 wherein the CEO is required to present to Council a subsequent review of the Delegation where conditions can be considered and/or reapplied. Executive Recommendation That Council: 1. Note the information provided in this report and the delegations exercised for the period

ending 30 June 2020.

2. Agrees to retain the current conditions associated with Delegation 1.1.16 Defer, Grant Discounts, Waive or Write Off Debt for a further six (6) month period, with monthly reporting of any exercise of delegations to continue.

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

for the community. Objective 4.3: Trusted leadership and robust decision-making. Regional Impact Statement Nil Background


At the Ordinary Council Meeting held 31 March 2020, Council resolved as follows (067/20):

That Council:

1. Acknowledge the social and economic effect that the COVID-19 pandemic is having on ratepayers, residents and businesses within the City of Bunbury.

2. Request that the Chief Executive Officer prepare a Relief and Recovery Action Plan for presentation to Council in April 2020, that supports the Bunbury Community and that is not aimed at the responsibilities of State or Federal government nor that of the banking sector.

3. Authorise the Chief Executive Officer to lobby for additional State and Federal funding support for additional business and community support, noting that at this stage, there is no funding from the two senior tiers of Government being directed to Local Government.

4. Request the CEO prepare the 2020/21 City of Bunbury budget on the basis of a zero percent increase in rates and fees and charges, and giving consideration to:

a. A potential reduction in user pays revenue; b. A potential increase in the non-payment of rates; c. The reduction of operational expenditure requirements in the context of adjusted

service levels; d. New borrowings to support capital projects that drive economic stimulus, job creation

and community benefit; e. The acceleration of capital expenditure programmes (renewal, new and upgrade). f. The timelines for rates payments; g. A reduced rate of interest charges to rates billing and collection; h. The financial impacts of having to close the non-essential community services and

facilities; and i. Viable project options to help support and promote growth in the local economy

5. Suspend interest charges on current outstanding rates, backdated to 1 March 2020.

6. Suspend the application of Council Policy Corporate Revenue Debt Collection until 30 September 2020, effective immediately.

7. Amend the conditions for Delegation 1.1.16 Defer, Grant Discounts, Waive or Write Off Debt to read as follows:

Conditions

a. This Delegation does not apply to debts, which are prescribed as debts that are taken to be a rate or service charge.

b. A list of waivers, concessions, and debts written-off under this authority will be presented to Council on a monthly basis.

c. The CEO is to consult with and seek the approval of the Mayor and/or his delegate prior to granting a waiver or concession under this authority.

8. Require the CEO present to Council a subsequent review of Delegation 1.1.16 Defer, Grant Discounts, Waive or Write Off Debt by the end of July 2020, where conditions can be considered and/or reapplied at that time.

In accordance with point 7 (condition b), the purpose of this report is to notify Council of any delegation exercised in this regard. In relation to point 8 of the Council Decision, it is also felt that in light of the increased Australian COVID cases recorded, it would serve as best practice to retain the delegation and conditions to the end of the calendar year. This would then allow for further waivers or write offs to occur should a second wave occur.


Council Policy Compliance Not applicable Legislative Compliance The Chief Executive Officer is delegated a number of functions by Council in accordance with section 5.42 of the Local Government Act 1995. Officer Comments Attached at Appendix CEO-2 is a report showing all the determinations made in accordance with the conditions of delegation 1.1.16 Defer, Grant discounts, Waive or Write-Off Debts between 1 April and 30 June 2020 which were also approved by the Mayor. This report suggests that Council also consider retaining this delegation and conditions in its current form, for the remainder of the calendar year. This would enable the same process to be followed which sees the CEO require to consult with and seek the approval of the Mayor and/or his delegate prior to granting a waiver or concession under this authority. This would also see the monthly reporting to Council remain any time a waiver or concession was granted under this delegation. Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations within this report. Community Consultation Nil Timeline: Council Decision Implementation The information in this report is only for noting.





That Council: 1. Note the information provided in this report and the delegations exercised for the period ending 30 June 2020. 2. Agrees to retain the current conditions associated with Delegation 1.1.16 Defer, Grant Discounts, Waive or Write Off Debt for a further six (6) month period, with monthly reporting of any exercise of delegations to continue. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.5 Proposed Revocation of Portion of Management Order Over Reserve 670 South Western Highway, Davenport (listed as 10.4.1 in Agenda)

File Ref: SF/3258 Applicant/Proponent: V & V Walsh Meat Exporters & Exporters Responsible Officer: Jane Dawson, Senior Lands Officer Responsible Manager: Felicity Anderson, Manager City Growth Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSC-1: Location Plan Appendix DSC-2: Letter from Peter Walsh

Summary V & V Walsh Meat Processors and Exporters (the “Applicant”) has requested the City relinquish a portion of the management order over Lot 1050 South Western Highway, Davenport, Reserve 670 (northern part only, zoned Industry). A location plan is attached at Appendix DSC-1. Executive Recommendation

That Council agrees to the Revocation of portion of the Management Order over Reserve 670 South Western Highway, Davenport to enable V & V Walsh Processors and Exporters to expand into the northern portion of Lot 670 allowing the Applicant to install a cold storage facility that will have direct linkages to the existing processing plant, subject to: 1. V&V Walsh Meat Processors and Exporters being responsible for all costs associated with the

surrender;

2. The revocation of portion of management order over Reserve 670 is conditional that the portion of land surrendered is being used for the purpose of V & V Walsh to pursue acquisition from the Crown for their planned expansion;

3. Approval of the Minister for Lands; and 4. The Chief Executive Officer negotiating with the Applicant and relevant State Government

departments regarding the retention of a vegetation buffer zone between the Reserve and South Western Hwy and Rawling Road.

Voting Requirement: Simple Majority Strategic Relevance

Theme 2 Our Economy Goal A thriving and dynamic economy, that plays to its strengths, and confidently

presents to the world. Objective 2.1 Bunbury builds on its competitive advantages, supports innovation and

celebrates business success. Regional Impact Statement


The revocation of portion of management order over Reserve 670 to the Applicant to facilitate acquisition of the land for the Applicants proposed on-site cold storage facility will help solidify the already 1000 strong workforce and create of an additional 150 jobs. It will enable opportunity for supermarkets to grow their export capabilities leveraging off the Applicant’s current export licenses, leading to greater demands and volumes of meat being processed here in WA. Background The Applicant wrote to the City in June 2020 requesting the City surrender portion of Management Order over Reserve 670 South Western Highway, Davenport to enable them to expand their business with the installation of a cold storage facility, see letter attached at Appendix DSC-2 The Applicant is a family run meat processing business based in Bunbury and has over 60 years of history in the South West region. At present they process over 800,000 lambs and 80,000 cattle with visions to expand that to over 1,000,000 lambs per year. The Applicant see this infrastructure as being not only a huge benefit to their business and its long standing history of being one of Bunbury’s largest employers but also a fantastic opportunity for the greater South West regional which will have flow on effects right throughout the agriculture sector. Council Policy Compliance

Not Applicable. Legislative Compliance

Revocation of Management Order in accordance with Section 50 of the Land Administration Act 1997 when a management body agrees that its management order should be revoked. Officer Comments

The Department of Primary Industries and Regional Development contacted the Senior Lands Officer for information relating to the identified site, prior to V & V Walsh formally approaching the City. The portion of land being sought is zoned Industry under LPS8, and is approximately 51,997m2 in size.

The benefits of this project have been noted by the Applicant:

• Securing of their Chinese export license which will solidify their business for the already 1,000 strong work force at the Bunbury site;

• Drive their livestock demand resulting in further demand and competition for our farmers; • Creation of up to 150 additional jobs across the cold store and meat processing plant due to

the grown in volumes processed; • Possibility for a stage two expansion to the cold storage facility allowing it to service the

greater South West region as a freezer and distribution centre; and • Growing opportunity for our key supermarkets to grow their export capabilities leveraging

off their current export licenses and the on-site cold storage. This in turn would lead to greater volumes being processed here in WA.

Analysis of Financial and Budget Implications The Applicant will be responsible for all costs associated with the surrender of portion of the Management order.


Community Consultation Not Applicable. Councillor/Officer Consultation The Executive Sustainable Communities and Manager City Growth have been in discussions with the Applicant. Relevant Officers have been involved. The Senior Land Officer has discussed the process with the Department of Planning Lands and Heritage. Applicant Consultation The City’s Executive have been in discussions with the Applicant. Timeline: Council Decision Implementation The Applicant will be contacted immediately should Council agree to the surrender of portion of management of Reserve 670.




That Council agrees to the Revocation of portion of the Management Order over Reserve 670 South Western Highway, Davenport to enable V & V Walsh Processors and Exporters to expand into the northern portion of Lot 670 allowing the Applicant to install a cold storage facility that will have direct linkages to the existing processing plant, subject to: 1. V&V Walsh Meat Processors and Exporters being responsible for all costs associated with the surrender; 2. The revocation of portion of management order over Reserve 670 is conditional that the portion of land surrendered is being used for the purpose of V & V Walsh to pursue acquisition from the Crown for their planned expansion; 3. Approval of the Minister for Lands; and 4. The Chief Executive Officer negotiating with the Applicant and relevant State Government departments regarding the retention of a vegetation buffer zone between the Reserve and South Western Hwy and Rawling Road. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.6 WALGA Annual General Meeting 2020 (listed as 10.3.1 in Agenda)

File Ref: COB/856 Applicant/Proponent: Internal Responsible Officer: Leanne French, Senior Governance and Risk Officer Responsible Manager: Greg Golinski, Manager Governance Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☒ Advocacy

☐ Executive/Strategic ☒ Legislative


Attachments: Nil Summary The Western Australian Local Government Association (WALGA) has advised the Annual General Meeting (AGM) will be held on Friday, 25 September 2020. All member councils are entitled to be represented by two (2) voting delegates at the meeting. Executive Recommendation That Council endorse Councillors ___________and ___________ as voting delegates and the Chief Executive Officer (or delegate) as Proxy for attendance at the WALGA Annual General Meeting to be held in Perth on Friday 25 September 2020. Voting Requirement: Simple Majority Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

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

amplify the outcomes that can be achieved Regional Impact Statement WALGA’s key focus is working for local government in Western Australia. As an industry body it seeks to support and advocate on behalf of the local government sector. Representation at the AGM will enable to the City of Bunbury Council to contribute to the ongoing building of capacity and sustainability within local governments. Background WALGA normally host the Annual Local Government Convention in August each year during which their Annual General Meeting is also held. This year WALGA has advised that due to the COVID-19 pandemic the annual Local Government Convention has been cancelled. The Annual General Meeting (AGM) was also initially delayed providing as much time as possible for the meeting to be held in-person. WALGA has now announced the AGM will be held on Friday, 25


September 2020. If an in-person event is not able to be held due to social distancing restrictions, the meeting will be conducted virtually. All Member Councils are entitled to be represented by two (2) voting delegates at the meeting. In the event that a Voting Delegate is unable to attend, provision is made for proxy delegates to be registered. Only registered delegates or proxy registered delegates will be permitted to exercise voting entitlements on behalf of Member Councils. Delegates may be Elected Members or serving officers. Member Local Governments are also invited to submit motions for inclusion on the Agenda for consideration at the 2020 Annual General Meeting. Please note that the closing date for submissions of motions is Friday, 31 July 2020. Council Policy Compliance Attendance at the AGM will be facilitated through the provisions and conditions of Council Policy Attendance at Events. Legislative Compliance Nil Officer Comments Council’s representation at the WALGA Annual General Meeting will contribute to the potential development of policy and future planning processes to assist the City’s strategic capacity to provide good governance, service and facilities for its greater community. Last year, Cr Smith and Cr Steck were appointed as the City’s voting delegates with the CEO nominated as Proxy. Analysis of Financial and Budget Implications Attendance at the Annual General Meeting is free of charge to all Member Local Governments. Community Consultation There is no requirement for community consultation on this proposal. Elected Member/Officer Consultation This report serves to bring the matter to the attention of all elected members Timeline: Council Decision Implementation WALGA will be advised of the endorsed Council delegates immediately following Council resolving as such.



The Mayor called for nominations for voting delegates for the WALGA AGM. Councillors Yip and Kozisek both self-nominated. With there being no further nominations, the recommendation (with the addition of Councillors Yip and Kozisek) was moved by Cr Giles and seconded by Cr Brown. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


That Council endorse Councillors Yip and Kozisek as voting delegates and the Chief Executive Officer (or delegate) as Proxy for attendance at the WALGA Annual General Meeting to be held in Perth on Friday 25 September 2020. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”


10.7 Corporate Business Plan 2020/21 to 2023/24 (listed as 10.3.2 in Agenda)

File Ref: COB/1119 Applicant/Proponent: Internal Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategic and Organisational Performance Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative


Attachments: Appendix DSOP-1: Corporate Business Plan 2020/21 to 2023/24 Summary The draft Corporate Business Plan 2020/21 to 2023/24 provides the Bunbury community with a plan to deliver the vision, goals and objectives of the Strategic Community Plan. It also demonstrates Council’s capacity to deliver services, provide facilities and manage assets that will sustain the Bunbury community in the future. Following a Councillor briefing the Corporate Business Plan is now presented to Council for adoption, as attached at Appendix DSOP-1. Executive Recommendation That Council adopt the draft Corporate Business Plan 2020/21 to 2023/24 as presented and note that this meets the requirements of Regulation 19DA of the Local Government (Administration) Regulations. Voting Requirements: Absolute Majority required Strategic Relevance Theme 4: Our City Goal: Civic Leadership, partnerships and sound governance in delivering with and for

the community. Objective 4.4 A skilled organisation, which exercises responsible asset stewardship, sound

financial management, and exemplary customer service. Regional Impact Statement The Corporate Business Plan does not have a direct impact on the Bunbury Geographe Region. However, many of Bunbury’s facilities and services are used by communities and individuals outside of Bunbury. Background The Corporate Business Plan is updated each year and was last adopted on 28 May 2019 as part of the Integrated Financial Plan (a combination of the Corporate Business Plan and Long-Term Financial Plan). The draft 2020/21 Budget which has been discussed at a number of Councillor briefings, forms the first year of the Corporate Business Plan. The remaining three years of the plan has been taken from last years adopted Integrated Financial Plan for each respective year.


Council Policy Compliance Not applicable. Legislative Compliance Regulation 19DA of the Local Government (Administration) Regulations outlines the requirements for a Corporate Business Plan including:

• That the plan is for at least 4 financial years. • Is to set out, consistently with any relevant priorities set out in the strategic community

plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district.

• Is to govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

• Is to develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial planning.

Officer Comments This year’s Corporate Business Plan has been fully revised to make it a more ‘user friendly’ and informative report to the community. This report communicates the City’s plan for delivering the objectives and aspirations of the community as set out in the Community Strategic Plan. The Corporate Business Plan also notes the economic environment, challenges and influences affecting our community; and includes the City’s internal business plans for risk management, workforce planning and asset management. It also identifies the services and projects provided to our community over the next four years based on the themes, goals and objectives of the Strategic Community Plan. Analysis of Financial and Budget Implications The Corporate Business Plan will be used as the basis for producing the draft Annual Budget 2020/21 which is proposed to be adopted by Council on 28 July 2020. Community Consultation Community consultation will take place with the release of media statements, social media posts, advertising in the City Focus, and the Corporate Business Plan document will be available of the City’s website. Elected Member/Officer Consultation A Councillor briefing on the draft Corporate Business Plan was held on Tuesday, 30 June 2020.



The recommendation (as printed) was moved by Cr McCleary and seconded by Cr Yip. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


That Council adopt the draft Corporate Business Plan 2020/21 to 2023/24 as presented and note that this meets the requirements of Regulation 19DA of the Local Government (Administration) Regulations. CARRIED UNANIMOUSLY and by ABSOLUTE MAJORITY 11 votes “for” / nil votes “against”


11. Applications for Leave of Absence

11.1 Cr Plumb

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 (6) consecutive ordinary meetings of the Council. Cr Plumb requests a leave of absence from all Council-related business from 20-24 July 2020 inclusive. Recommendation Pursuant to Section 2.25 of the Local Government Act 1995, Cr Plumb is granted leave of absence from all Council-related business from 20-24 July 2020 inclusive. Voting Requirements: Simple Majority Outcome of Meeting 21 July 2020

The recommendation (as printed) was moved by Cr Giles and seconded by Cr Kozisek. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


Pursuant to Section 2.25 of the Local Government Act 1995, Cr Plumb is granted leave of absence from all Council-related business from 20-24 July 2020 inclusive. CARRIED UNANIMOUSLY 11 votes “for” / nil votes “against”

12. Motions on Notice Nil

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members Nil


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

15. Meeting Closed to Public 15.1 Matters for which the Meeting may be Closed

Nil

15.2 Public Reading of Resolutions that may be made Public N/A

16. Closure

The Mayor declared the meeting closed at 5.37pm. Confirmed this day, 4 August 2020 to be a true and correct record of proceedings of the City of Bunbury Council Meeting held on 21 July 2020.

_______________________________ Mr Gary Brennan

MAYOR

City of Bunbury Council Minutes 21 July 2020 and Minutes...CITY OF BUNBURY 4 Stephen Street Bunbury...

Documents

Transcript of City of Bunbury Council Minutes 21 July 2020 and Minutes...CITY OF BUNBURY 4 Stephen Street Bunbury...