City of Bunbury Council Notice of Meeting and Agenda 28 ... and Minutes/Archives 20… · husband...

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 Notice of Meeting and Agenda 28 April 2020

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28 April 2020 Agenda – Council Meeting

1. Declaration of Opening / Announcements of Visitors ................................................................................ 7

2. Disclaimer .................................................................................................................................................... 7

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 ................................................................................................................................ 8

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

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

7. Motion to Suspend Relevant Standing Orders ............................................................................................ 9

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

8.1 Minutes..................................................................................................................................... 10 8.1.1 Minutes – Ordinary Council Meeting ....................................................................... 10

9. Petitions, Presentations, Deputations and Delegations ........................................................................... 10

9.1 Petitions .................................................................................................................................... 10 9.2 Presentations ............................................................................................................................ 10 9.3 Deputations .............................................................................................................................. 10 9.4 Council Delegates’ Reports ....................................................................................................... 10 9.5 Conference Delegates’ Reports ................................................................................................ 10

10. Method of Dealing with Agenda Business ................................................................................................ 10

11. Reports ...................................................................................................................................................... 11

11.1 Recommendations from Advisory Committees ....................................................................... 11 11.1.1 Amendment to Terms of Reference – Youth Advisory Council Committee ............. 11 11.1.2 Youth Advisory Council Committee Member – Resignation of Members ............... 14

11.2 CEO Reports .............................................................................................................................. 16 11.3 Director of Strategy and Organisational Performance ............................................................. 17

11.3.1 Schedule of Accounts Paid for the 1 March 2020 to 31 March 2020 ...................... 17 11.4 Director Sustainable Communities ........................................................................................... 18

11.4.1 Proposed Excision and Dedication of the Bunbury Outer Ring Road (Central Section) ................................................................................................................. 18

11.4.2 Request from Department of Biodiversity, Conservation and Attractions for Council Endorsement of the Draft Greater Bunbury Regional Park Management Plan ................................................................................................................. 21

11.4.3 Request to Amend Proposed MOU between the City of Bunbury and Bunbury-Geographe Motor Museum Management Group .................................................... 28

11.5 Director Infrastructure .............................................................................................................................. 33

11.5.1 Tender: South West Sports Centre Fire Hydrant PR-4781 ....................................... 33

12. Applications for Leave of Absence ............................................................................................................ 36

13. Motions on Notice ..................................................................................................................................... 36


14. Questions on Notice .................................................................................................................................. 36

14.1 Response to Previous Questions from Members taken on Notice .......................................... 36 14.2 Questions from Members ........................................................................................................ 36

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

16. Meeting Closed to Public .......................................................................................................................... 36

16.1 Matters for which the Meeting may be Closed ........................................................................ 36 16.2 Public Reading of Resolutions that may be made Public ......................................................... 36

17. 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.


City of Bunbury Council Notice of Meeting

In accordance with the Local Government (Administration) Regulations 1996, the next Ordinary Meeting of the City of Bunbury Council will be held as an e-meeting on Tuesday, 28 April 2020 at 5.30pm. Members of the public are advised that the meeting can be accessed for viewing online and in real time by following the instructions on the City’s website at http://www.bunbury.wa.gov.au/Pages/Agendas-and-Minutes.aspx Members of the public are also encouraged to read the City’s E-meeting Guidelines for the Public, which are available on the City’s website at http://www.bunbury.wa.gov.au/Pages/Agendas-and-Minutes.aspx. These Guidelines provide advice on the public participation elements of the meeting agenda, namely Public Question Time and Deputations.

MJ (Mal) Osborne Chief Executive Officer (Date of Issue: 23 April 2020)

Agenda 28 April 2020

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Council Members: Mayor Gary Brennan Deputy Mayor Jaysen Miguel Councillor James Hayward Councillor Michelle Steck Councillor Karen Steele Councillor Todd Brown Councillor Tresslyn Smith Councillor Betty McCleary Councillor Kris Plumb Councillor Amanda Yip Councillor Cheryl Kozisek Councillor Wendy Giles Councillor Karen Turner

http://www.bunbury.wa.gov.au/Pages/Agendas-and-Minutes.aspx




1. Declaration of Opening / Announcements of Visitors 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 • 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 7233.

3. Announcements from the Presiding Member


4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence

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.” Cr Brown declared a proximity interest in Item 11.4.1 “Proposed Excision and Dedication of the Bunbury Outer Ring Road”. Cr McCleary declared an impartiality interest in Item 11.4.3 “Request to Amend Proposed MOU between the City of Bunbury and Bunbury-Geographe Motor Museum Management Group” as her husband is a friend and does small business transactions with Mr Claude Pesce from J & P Metals.


6. Public Question Time

In accordance with Reg. 14E(4) of the Local Government (Administration) Regulations 1996, public question time at an e-meeting will be as prescribed in the E-meeting Guidelines for the Public, which are available on the City’s website at http://www.bunbury.wa.gov.au/Pages/Agendas-and-Minutes.aspx

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

7. Motion to Suspend Relevant Standing Orders To facilitate the operation of an e-meeting, the Council is required to consider the suspension of certain Standing Orders, which cannot be practically applied to an e-meeting. Executive Recommendation That Council suspend the operation of the following clauses of the City of Bunbury Standing Orders Local Law for the duration of this e-meeting: 1. Clause 5.2 Order of Business 2. Clause 6.7(3) 3. Clause 6.11 Presentations 4. Clause 8.1 Members to be in their proper places



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

8.1 Minutes 8.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the City of Bunbury Council held on 14 April 2020 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 14 April 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

9. Petitions, Presentations, Deputations and Delegations

9.1 Petitions

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

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

9.2 Presentations N/A – suspended

9.3 Deputations

9.4 Council Delegates’ Reports

9.5 Conference Delegates’ Reports

10. Method of Dealing with Agenda Business


11. Reports 11.1 Recommendations from Advisory Committees

11.1.1 Amendment to Terms of Reference – Youth Advisory Council Committee

Applicant/Proponent: Internal Responsible Officer: Danika Wellington, Community Partnerships Officer – Youth &

Activation Responsible Manager: Kerry Shaw, Acting Manager People and Place Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative

☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix RAC-1: Terms of Reference Summary The Youth Advisory Council Committee (YAC) considered its Terms of Reference at its meeting held 4 March 2020 and are referring the amendments to Council for endorsement. Youth Advisory Council Committee Recommendation That the Youth Advisory Council Committee request that Council endorse the amended Terms of Reference as follows (also attached at Appendix RAC-1): 1. To identify and advise on youth trends, strengths, gaps and opportunities in the Bunbury

area to ensure the development of policies are responsive to the needs of young people. 2. To engage with the young people of the Bunbury area to draw consultation and feedback

on youth trends, strengths, opportunities and gaps to present to Council. 3. To be actively involved in the ongoing development and delivery of youth targeted projects,

programs and events. 4. To engage with young people and their communities to establish partnerships and

opportunities to support and empower young people.

Voting Requirement: Simple Majority 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 1.6 A community that provides for the particular needs of the young and the old Regional Impact Statement The Youth Advisory Council comprises of members from the Greater Bunbury region to represent surrounding shires of Capel, Dardanup and Harvey.


Background The purpose of the Youth Advisory Council Committee will remain as; To provide guidance to the Council on issues affecting the youth of the Bunbury Region, and to assist and be actively involved in youth driven initiatives. The formation, meeting and general procedures will remain the same: 1. The formation and conduct of the Bunbury Youth Advisory Council is to be as determined by

the Bunbury City Council in accordance with the requirements of the Local Government Act 1995 and any other statutory requirements e.g. Section 20 of the City of Bunbury Standing Orders Local Law, except the requirement of the Standing Orders in relation to a ‘quorum’ for the meeting.

2. The quorum for the meeting of the committee is set at 5 voting members of the Youth Advisory Council Committee.

3. The term of membership on the committee shall be a two year period with membership reviewed and elections held for new members to coincide with biennial Local Government Elections.

4. Members shall act in the best interests of the committee and their represented organisation at all times.

5. The committee will meet quarterly. 6. Committee members will be relieved of the requirement to attend the quarterly meetings by

requesting a leave of absence. 7. Should a committee member fail to attend two consecutive meetings without a leave of

absence or apology, unless the failure was due to a reason approved by the committee, their membership will be ceased subject to ratification of the committee.

The Committee have agreed to nominate a rotational Youth Mayor every three (3) months on a trial basis which be reviewed for the September 2020 meeting. Council Policy Compliance Not applicable Legislative Compliance Local Government Act 1995 Officer Comments The Terms of Reference were reviewed as part of a team building and development day held on Monday 10 February. Analysis of Financial and Budget Implications There are no financial or budgetary implications associated with this report. Community Consultation Not applicable


Councillor/Officer Consultation Not applicable Applicant Consultation Not applicable Timeline: Council Decision Implementation Immediately following Council Decision.


11.1.2 Youth Advisory Council Committee Member – Resignation of Members

Applicant/Proponent: Internal Responsible Officer: Danika Wellington, Community Partnerships Officer – Youth &

Activation Responsible Manager: Kerry Shaw, Acting Manager People and Place Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Nil Summary This report was presented to the Youth advisory Council Committee (YAC) at its meeting held 4 March 2020 to advise of two (2) resignations from Conor Prout and Jade Allen. Youth Advisory Council Committee Recommendation That Council: 1. Note the resignations tendered by:

• Conor Prout from the Youth Advisory Council effective 18 February 2020; and • Jade Allen from the Youth Advisory Council effective 3 February 2020.

2. Request the CEO to formally thank the above members for their contribution the Youth

Advisory Council Committee. 3. Endorse the advertisement of the two vacant positions in May 2020. Voting Requirement: Simple Majority 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 1.6 A community that provides for the particular needs of the young and the old Regional Impact Statement The Youth Advisory Council comprises of members from the Greater Bunbury region to represent surrounding shires of Capel, Dardanup and Harvey. Conor Prout and Jade Allen were both representatives from the Shire of Harvey. Background The Youth Advisory Council Committee members were appointed following October 2019 Council Elections. Since this time the Committee has continued to perform its important role providing guidance to the Bunbury City Council on issues affecting the youth of the Bunbury Region.


Both Conor Prout and Jade Allen have served as members of the Youth Advisory Council Committee since October 2019. Council Policy Compliance Not applicable Legislative Compliance Local Government Act 1995 Officer Comments Conor Prout submitted a Letter of Resignation on 18 February which acknowledges his high workload with other volunteer work and onset of further studies. Jade Allen provided her resignation via email on 3 February due to work and school commitments. The Committee has agreed to postpone advertisement to May due to upcoming events (Shift Youth Festival) and the Committee’s capacity already not being full from the election period in 2019. The six (6) vacant positions will be advertised from 25 May to 18 June 2020 with nominations presented to Council for endorsement at the Ordinary Council Meeting on 4 August 2020. Analysis of Financial and Budget Implications The advertisement of vacant positions will be handled through the operational budget allocated to the Youth Advisory Council Committee. Community Consultation Not applicable Councillor/Officer Consultation Not applicable Applicant Consultation Nil Timeline: Council Decision Implementation Action Estimated Timeline Council asked to endorse re-advertisement period in May 2020 14 April 2020 Advertise for positions on Committee 25 May-18 June 2020 Nominations presented to Council for endorsement 4 August 2020


11.2 CEO Reports Nil


11.3 Director of Strategy and Organisational Performance

11.3.1 Schedule of Accounts Paid for the 1 March 2020 to 31 March 2020

File Ref: Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: David Chandler, Director Strategy & Organisational Performance Authority/Discretion: ☐ Advocacy


☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: DSOP-1: Schedule of Accounts Paid Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 March 2020 to 31 March 2020 is attached at Appendix CEO-1. The schedule contains details of the following transactions;

1. Municipal Account – payments totalling $8,943,674.31

2. Advance Account – payments totalling $6,856,592.11

3. Trust Account – payments totalling $7,933.32

4. Visitor Information Centre Trust Account – payments totalling $13,622.95

5. Bunbury-Harvey Regional Council Municipal Account – payments

totalling $235,773.79

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $170,032.79 Executive Recommendation The Schedule of Accounts Paid for the period 1 March 2020 to 31 March 2020 be received.


11.4 Director Sustainable Communities

11.4.1 Proposed Excision and Dedication of the Bunbury Outer Ring Road (Central Section)

File Ref: COB/53 Applicant/Proponent: Main Roads Western Australia Responsible Officer: Jane Dawson, Senior Lands Officer Responsible Manager: Felicity Anderson, Manager Economic Development and Lands Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy



Attachments: Appendix DSC-1: Location Plan Bunbury Outer Ring Road Appendix DSC-2: Letter from Main Roads WA Appendix DSC-3: Main Roads Drawing 201902-0022-1 Appendix DSC-4: Main Roads Drawing 201902-0012-5 (Index) Appendix DSC-5: Main Roads Drawing 201902-0021

Summary

Main Roads Western Australia (the “Applicant”) have requested the City agree to the excision and dedication of Reserve 31866 for the construction works of the Bunbury Outer Ring Road (“BORR”). See location plan attached at Appendix DSC-1. Executive Recommendation

That Council agrees to the excision and dedication of Reserve 31866 for the Bunbury Outer Ring Road (Central Section), subject to the terms and conditions as specified in the report, and the following: 1. Consent to the excision and dedication of the land required for road purposes from Reserve

31866, as depicted on Main Roads drawing 201902-0022-1 (attached at Appendix DSC-3).

2. Dedication of the roads and road widening’s within the City of Bunbury depicted on the attached Main Roads drawings 201902-0012-5, 201902-0021 and 201902-0022-1 pursuant to section 56 of the Land Administration Act 1997 (LAA) (attached at Appendices DSC-3, Appendix DSC-4 and Appendix DSC-5).

3. Indemnify the Minister for Lands against any costs or claims for compensation in

association with the dedication of roads and road widening’s, in accordance with section 56(4) of the LAA. The indemnity is provided on the basis that Main Roads Western Australia is the acquiring authority, and they indemnify the City of Bunbury.

4. Consent to Main Roads Western Australia and its contractors to enter onto that part of

Reserve 31866 required for the BORR, to carry out any works in association with the BORR project. Entry to be permitted prior to the excision and dedication of the road from Reserve 31866.

5. The Applicant in accordance with Section 56(4) of the Land Administration Act to indemnify

the City of Bunbury and the Minister for Lands against any costs or claims.

Voting Requirement: Simple Majority


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 Regional Impact Statement The BORR will improve road safety for local Bunbury residents and enhance access for tourists to the South West region as well as improving access to the Bunbury Port and traffic movement for the freight transport industry. Background The BORR is a significant ($850M) project that has been planned for many years. The construction is targeted to commence in 2021 and be completed by early 2024. A portion of the works was completed in 2012. The remainder of the BORR construction works will start at the intersection of Forrest Highway and Clifton Road in Brunswick and connect to the Bussell Highway in Gelorup. Council Policy Compliance Not Applicable. Legislative Compliance Road dedication in accordance with Section 56 of the Land Administration Act 1997. Officer Comments The letter received from Main Roads Western Australia listed 5 items to be addressed by the City, letter attached at Appendix DSC-2. Upon review of the request and discussion with Main Roads Western Australia City Officers were advised that Item 2 in the letter was not relevant to the City of Bunbury due to the easement in question being in the Shire of Dardanup. Reserve 31866 is approximately 38.77ha and the City has a management order over this Reserve. Main Roads Western Australia have requested the City to give consent to the following; • Consent to the excision and dedication of the land required for the Bunbury Outer Ring

Road from Reserve 31866; • Dedication of the roads and road widening within the City of Bunbury; and


• Consent to Main Roads Western Australia and its contractors to enter onto any part of Reserve 31866.

Analysis of Financial and Budget Implications The Applicant to indemnify the City of Bunbury and the Minister for Lands against any claims or costs in accordance with Section 56(4) of the Land Administration Act. Community Consultation Not Applicable. Councillor/Officer Consultation The request has been reviewed by the City’s Development Coordination Unit who have advised it has no objections to the proposal, noting that a portion of the road works has already been completed. Applicant Consultation The Senior Lands Officer and the Applicant have been in negotiations and discussions to prepare documents required for the requested excision of Reserve 31866. Timeline: Council Decision Implementation The Applicant will be contacted immediately should Council agree to the proposed excision of Reserve 31866.


11.4.2 Request from Department of Biodiversity, Conservation and Attractions for Council Endorsement of the Draft Greater Bunbury Regional Park Management Plan

File Ref: COB/932 Applicant/Proponent: Department of Biodiversity, Conservation and Attractions Responsible Officer: Ben Deeley, Team Leader Sustainability & Environmental Planning Responsible Manager: Barbara Macaulay, Acting Manager Sustainability, Planning and

Development Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative


Attachments: Appendix DSC-6: List of sites proposed to be relinquished to State Government Appendix DSC-7: Regional Park Map Appendix DSC-8: Transcript of Council Decision 191/09 Appendix DSC-9: Draft Greater Bunbury Regional Park Management Plan Appendix DSC-10: Proposed land tenure – table Appendix DSC-11: Proposed land tenure – maps

Summary The Department of Biodiversity, Conservation and Attractions (DBCA) wrote to the City on 27 March 2020 seeking formal endorsement of the draft Greater Bunbury Regional Park Management Plan prior to the commencement of the internal DBCA authorisation and public consultation processes. Whilst the draft management plan is intended to be a non-binding strategic guide for the City, the land transfers detailed within it will require a Council decision to take effect. This report presents the draft management plan and proposed land transfers to Council for consideration. Executive Recommendation That Council: 1. Endorses the draft Greater Bunbury Regional Park Management Plan on the understanding

that the City of Bunbury will endeavour to implement its roles and responsibilities under the plan in good faith but in a manner ultimately limited by available resources; and

2. Endorses the name of ‘Kalgulup Regional Park’ for the park, as determined through

significant consultation with local traditional owner groups; 3. Agrees to the Revocation of the Management Orders over the Reserves as attached at

Appendix DSC-6 for vesting in the Western Australian Conservation and Parks Commission and management by the Department of Biodiversity, Conservation and Attractions subject to: a. the stormwater infrastructure on the following lots being subdivided from the

balance of the lots and vested in the City of Bunbury for management (NB: the City will prepare plans depicting the location of the stormwater infrastructure and


provide this to the Department of Biodiversity, Conservation and Attractions in due course): (i) Lot 568 on P215947 (PIN 499576)(Crown Reserve 32722) (ii) Lot 567 on D541565 (PIN 499626)(Crown Reserve 32719) (iii) Lot 3001 on P43554 (PIN 11362986)(Crown Reserve 30601) (iv) Lot 1052 on P33287 (PIN 11050142)(Crown Reserve 670) (v) Lot 613 on P182781 (PIN 492993)(Crown Reserve 35020) (vi) Lot 939 on P220463 (PIN 1295989)(Crown Reserve 32963)

b. the state government providing the City with an ongoing right of access to Lot 506

South Western Highway (Deposited Plan 74949; PIN 12009787; Crown Reserve 32963) in order to prune tall trees in the Bunbury Regional Airport flight path as required by the Civil Aviation Safety Authority aircraft safety requirements.

c. the state government providing the City with an ongoing right of access to Lot 1180

on P33518 (11074212) (Crown Reserve 670) in order to maintain the Beach Emergency Network signage onsite under the existing agreement with the Department of Primary Industries and Regional Development.

4. Request the Department of Biodiversity, Conservation and Attractions to fast track capital

works where possible within the proposed regional park to assist with the current economic recovery efforts.

Voting Requirement: Simple Majority Strategic Relevance Theme 3 Our places and spaces. Goal A natural and built environment that reflects Bunbury’s core values. Objective 3.7 Management of significant natural areas which provides for human

enjoyment while protecting habitat and environmental values for generations to come.

Regional Impact Statement The Greater Bunbury Regional Park is an important proposal for the City of Bunbury and the community of the Bunbury Geographe Region. It will bring a range of benefits including enhanced conservation, recreation and education outcomes, potential improved tourism and greater DBCA presence in the local area. The Executive Recommendation will provide for the advancement of the Greater Bunbury Regional Park Management Plan and the commencement of the associated land transfer process. Background The state government has been planning for the creation of two regional parks, the Preston River to Ocean Regional Park and Leschenault Regional Park, in the Bunbury area for several decades. A map of the regional parks is attached at Appendix DSC-7. Regional parks are important conservation and recreation areas that have been set aside under the planning system for the benefit of the regional community and are intended to be managed on a joint basis between state government, local government and other land managers. The City has


been actively involved in the planning for the two proposed regional parks in Bunbury in view of its long-term role as a major land custodian in the two parks to date. The draft establishment plan for the Preston River to Ocean Regional Park (then termed the ‘Ocean to Preston River Regional Park’) was released in April 2008 in order to obtain public feedback on the park’s proposed lands and management arrangements. The draft establishment plan was referred to the Ordinary Council Meeting held 29 September 2009 where Council decided (191/09) to provide in principle support for the relinquishment of some 505 hectares of land to the state government to provide for the creation of the proposed regional park whilst indicating its preference to retain three hectares of parkland and retain/obtain 36 hectares of land forming part of the Five Mile Brook following future subdivisional processes (attached at Appendix DSC-8). The final Preston River to Ocean Regional Park Establishment Plan was released by the state government in April 2011. Establishment planning for the Leschenault Regional Park principally occurred between 2014 and 2016 with the final establishment plan being released by the state government in July 2017. Like the Preston River to Ocean Regional Park, the City is a major custodian of lands in the proposed Leschenault Regional Park; however, the future land tenure arrangements associated with this park haven’t been formally considered by Council to date. In 2018, State Treasury allocated $10 million over four years to the DBCA to support the preparation of a management plan for the parks and to commence associated on-ground works. DBCA subsequently appointed a local team of staff to implement this process and to provide for the management of park lands held by the Western Australian Conservation and Parks Commission. The department also created a community advisory committee and technical working group to assist it in preparing the proposed management plan. The City is represented on both groups. In 2019, the City and DBCA signed a memorandum of understanding in order to enable DBCA to undertake some management works on those City lands proposed to be relinquished. Since this time, DBCA and the City have worked together closely in implementing their respective roles and responsibilities under the memorandum of understanding. DBCA recently concluded the preparation of the draft management plan, which proposes that the previously identified Preston River to Ocean Regional Park and Leschenault Regional Park be amalgamated into one park, currently termed the Greater Bunbury Regional Park (n.b. this is a working name and will be subject to change following consultation with traditional owner groups). DBCA wrote to the City on 27 March 2020 seeking formal endorsement of the draft management plan prior to the commencement of the internal DBCA authorisation and public consultation processes. The draft management plan is attached at Appendix DSC-9. Whilst the draft management plan is intended to be a non-binding strategic guide for the City, the land transfers detailed within it will require a Council resolution to take effect. On 3 April 2020 DBCA wrote to the City to advise that the name ‘Kalgulup Regional Park’ has been proposed as the final name for the park based upon significant consultation with local traditional owner groups, including representatives from the Gnaala Karla Booja Native Title Working Party and Noongar Boodjar Language Cultural Aboriginal Corporation. The word ‘kalgulup’ means place of fire or place of burning campfires in Noongar language. The word is significant to Aboriginal people as it relates to fire being at the heart of Aboriginal culture and symbolising the


importance/role of fire in supporting life (warmth, cooking, healing), campfires were places where stories were told, fire was utilised for land management and has shaped the landscape and fire was carried along pathways by Aboriginal people from camp to camp. DBCA has requested that the City endorses the name in order to support an application to Landgate for formal recognition of the name by the Geographic Names Committee. This report presents the draft management plan, proposed final name for the regional park and proposed land transfers to Council for consideration. Council Policy Compliance The proposal complies with the Execution of Documents Council Policy. Legislative Compliance The proposal is understood to comply with the WA Conservation and Land Management Act 1984 and the WA Land Administration Act 1997. Officer Comments Draft Regional Park Management Plan The draft management plan has been prepared to provide high level guidance to the relevant organisations in undertaking the joint management of the regional park over the next ten years (NB: the chosen joint management model involves organisations managing their respective lands in a separate but consistent manner). The management plan will be supported by a series of subsidiary management plans (e.g. related to weeds, pest animals, fire etc.), which will be prepared in due course. The management plan is typical of those prepared for the existing regional parks in the Perth Metropolitan Region and of land management plans generally. The document’s key features include contextual information regarding the park’s values and threats, proposed tenure arrangements for the landholdings in the park, management objectives, strategies and key performance indicators. DBCA has requested that the City endorses the draft management plan so that it may become a party to it (the City’s logo is on the draft plan and a range of management strategies within the document identify the City as either a lead or supporting organisation). As the document has been prepared under the WA Conservation and Land Management Act 1984, it is a statutory instrument for DBCA only and is a non-binding, strategic guiding document only for the City and other landholders in the park. Whilst endorsement of the draft management plan, as proposed by DBCA, is unlikely to result in any additional statutory implications for the City, it may serve to generate community expectations regarding the type and level of management activities that the City undertakes on its lands in the park into the future. Attempts have been made to address this risk by providing internal managers with several opportunities to review the document during the drafting process to ensure that the City’s roles and responsibilities under it are appropriate. Further, care has been taken to ensure that the wording of the management strategies provides for a flexible implementation approach according to land manager resource availability. Additionally, the wording of the Executive Recommendation has been structured in order to convey to all stakeholders that the City will use its best endeavours to support the implementation of the management plan in accordance with the organisation’s available resources.


Proposed Land Transfers The management plan proposes that the City relinquishes a number of Crown reserves to DBCA, whilst retaining several others for management into the future. These land proposals reflect: • long term planning for the park by the state government and the City • Council Decision 191/09 (n.b. albeit with some modifications as new site information and

management approaches have since come to light) • recent concerted discussions between DBCA and City executive staff, which have resulted

in a mutual position based on balance and trade-offs and consideration of each organisation’ roles, capability and capacity.

Land Tenure Arrangements and plans attached at Appendices DSC-10 and DSC-11 outline all current City lands in the park and the proposed tenure arrangements for each in table and map form respectively. Approximately 455 hectares of City land is proposed to be relinquished to the state government. These lands comprise entirely of Crown reserves for which the City has management orders. The relinquishment of these lands may result in cost savings for the City in the future as DBCA will take on responsibility for most associated management activities, although it is difficult to quantify these cost savings due to the often reactive nature of the management tasks and their diffuse nature across multiple internal work areas and locations. It should be noted that the City will need to continue to undertake the periodic maintenance and expansion of stormwater infrastructure at several reserves proposed for relinquishment to the state government, including the Maidens (Crown Reserve 35020), Loughton Park (Crown Reserves 32722 and 32719), Hay Park (Crown Reserve 30601) and Manea Park (Lot 1052 on P33287 [PIN 11050142] and Crown Reserve 32963). In light of the importance of this infrastructure to the local stormwater network, it is proposed that it be retained by the City of Bunbury for ongoing management via subdivision of the infrastructure from the balance of the lots and revesting in the City. The City undertakes the periodic pruning of tall trees in the Bunbury Regional Airport flight path (Lot 506 South Western Highway) in accordance with CASA aircraft safety requirements. The City will need to continue with this activity into the future on an as needs basis and as such requires an ongoing right of access to the land for this purpose, as has been reflected in the Executive Recommendation. The City also maintains Beach Emergency Network signage at Maidens Reserve (Lot 1180 on P33518 [PIN 11074212]) under agreement with the Department of Primary Industries and Regional Development as this signage forms part of the state government’s Shark Alert system. This activity will need to continue into the future following the relinquishment of the lot. The City undertakes mosquito monitoring and control as required on many of the lands in the proposed regional park, including some of those proposed for relinquishment to the state government. It is understood that DBCA currently lacks internal capability to undertake these activities itself. It is proposed that the City continues to undertake these activities on its lands during the interim period preceding the formalisation of the regional park; however, negotiations may be required between the City and DBCA in the future regarding the continuation of the activities on DBCA lands post-park establishment. These discussions may include discussion on cost recovery for the City.


DBCA may also look to the City to continue other management activities on its lands post-park establishment, for example, the extension of City local laws to DBCA lands (i.e. where a gap exists in its own legislation). These matters will be considered during the preparation of subsidiary issue-specific management plans for the park in due course. It is understood that a permit is required from the DBCA under its Disturbance Approval System for disturbance activities on lands recognised under the WA Conservation and Land Management Act 1984. The permit is understood to be free of charge; however, may take several weeks to be processed by DBCA. Activities undertaken by the City on DBCA land in the future, such as tree pruning and mosquito control as described above, may carry this requirement. In addition to the relinquished lands, the City will retain management responsibility for approximately 69 hectares of lands in the park. These lands comprise active open space areas, drainage reserves and other lands deemed best suited to management by the City. It is also proposed that the City assumes responsibility for a 0.1 hectare lot (lot 91 on P19647 [PIN 1100468]), which will be amalgamated into an adjacent City drainage reserve and an 0.1 hectare pathway and irrigation bore at Mangrove Cove (PIN 494487 and PIN 11866801). Park Establishment Process DBCA is currently seeking endorsement of the draft management plan by the organisations that are proposed to manage lands in the regional park into the future, including the City of Bunbury. Following this process, the draft management plan will be forwarded to DBCA’s executive, the Conservation and Parks Commission and the Minister for Environment for endorsement and approval to release the plan for a minimum two-month public submission period. The final management plan will be prepared based on comments received on the draft and will be referred to the City again for final endorsement in due course. If Council endorses the relinquishment of lands to the state government, as outlined in the Executive Recommendation (refer list attached at Appendix DSC-6), the Department of Lands, Planning and Heritage (DPLH) and DBCA will be in a position to commence the land transfer process on finalisation of the management plan. This process may take up to 12 months to resolve. The final management plan will come into operation once notification of the approved plan is published in the WA Government Gazette. Subject to the consent of the Minister for Planning and all relevant landowners, the park will be formally recognised through the publishment of an order in the WA Government Gazette. Management of the park will be ongoing thereafter and will occur in accordance with the management plan, which is proposed to be in place for a ten-year period. The Regional Park Community Advisory Committee and technical working group will guide the implementation of the management plan and the City and other key stakeholders will continue to be represented on these groups into the future. Analysis of Financial and Budget Implications Endorsement of the draft management plan is a budget-neutral proposition for the City. The management plan captures a range of routine management tasks that the City currently undertakes in the proposed park and will continue to undertake in the future on the lands that it retains. Some additional actions are included in the plan (e.g. a joint approach to signage); however, the plan is non-binding and effort has been made to ensure a flexible implementation approach based upon organisational capacity (i.e. the City may choose to expend additional funds on its lands in the park in the future in accordance with the plan if it has the capacity to do so).


Endorsement of the proposed land transfers is also a budget-neutral proposition for the City. In the future, it is anticipated that the proposed land transfers may result in some budget savings for the City through the transfer of associated management responsibilities to DBCA. Community Consultation No community consultation has been undertaken in relation to the Executive Recommendation to date. The regional park proposals have been subject to community consultation processes on several occasions in the past, for example, through the preparation of the establishment plans. The draft regional park management plan is proposed to be released for a minimum two-month community consultation process in due course. Councillor/Officer Consultation Consultation has occurred with the Director Sustainable Communities and all internal managers during the preparation of this report. The Executive Leadership Team and all internal managers have been consulted in relation to the regional park proposal on several occasions over the past 12-18 months. A Council briefing on the regional park proposal was held on 18 June 2019. Applicant Consultation Discussions between the City of Bunbury and DBCA on the regional park proposal have been ongoing for many years. Timeline: Council Decision Implementation The finalisation of the regional park management plan and land transfer processes will be run by the DBCA and DBCA/DPLH respectively (i.e. are not under the City’s control). The finalisation of the management plan will likely take six months to resolve whilst the land transfers make take up to 12 months to be completed.


11.4.3 Request to Amend Proposed MOU between the City of Bunbury and Bunbury-Geographe Motor Museum Management Group

File Ref: COB/2965 Applicant/Proponent: Bunbury Geographe Motor Museum Management Group Responsible Officer: Gary Barbour, Director Sustainable Communities Responsible Manager: Gary Barbour, Director Sustainable Communities Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix DSC-12: Draft Amended Memorandum of Understanding

Summary The Bunbury Geographe Motor Museum Management Group (currently unincorporated) a not-for-profit group, seek to develop a Motor Museum at premises owned by the City, being 21 Wellington Street, Bunbury. This report is to present the Applicant’s requested amendments to the Memorandum of Understanding approved through Decision (065/20) of Council. Executive Recommendation That Council endorse the amended Memorandum of Understanding between the City of Bunbury and the Bunbury-Geographe Motor Museum Management Group as attached at Appendix DSC-12 noting the amendment to the redevelopment clause 3(e)as follows:

The redevelopment clause will be written as follows:

(a) The City may terminate this Lease by giving the Lessee not less than twelve months (“Notice Period”) prior written notice (“Termination Notice”) that the City wishes to alter, extend or redevelop the Land or any part thereof or carry out any works on the Land or any part thereof which will prevent access or safe access to the Leased Premises.

The Termination Notice must state” the date” on which the Notice Period will expire.

(b) The City commits to use its best endeavours should the Redevelopment Clause be

enacted, to assist the Management Group in finding a suitable and comparable alternative premises within the Bunbury CBD that may require a fit out within the City’s budget to operate the Motor Museum on or before the end of the notice period. The City agrees to provide the agreed premises ready to occupy by the Management Group. Relocation of the contents of the premises will be the responsibility of the Management Group. The Management Group notes that the financial implications of this clause will require the endorsement of the sitting Council.

Voting Requirement: Simple Majority


Strategic Relevance Theme 1. Our Community and Culture Goal A safe, healthy and cohesive community, with rich cultural life, and

supportive social environment. Objective 1.4. Arts, culture, heritage and events that enrich our understanding and

enjoyment of life, celebrate our identity and bring the community together.

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

confidently presents to the world. Objective 2.2. Bunbury is known far and wide for its strengths as a place to live, visit and

do business. Regional Impact Statement

A Motor Museum in the CBD has the potential to add another visitor experience and attraction to Bunbury. Location in the CBD is expected to encourage significant visitation and spend into the CBD and local business. Background

Prior to the item being presented to the 31 March 2020 Ordinary Council Meeting, the City and the Management Group had agreed that the redevelopment clause be included in the further five-year option (after the initial five-year lease) and should the redevelopment clause be enacted by the City, that it “will use its best endeavours” to assist the Management Group in finding a suitable and comparable alternative premises within the CBD to operate the Motor Museum. The acceptance of this specific clause was acknowledged as a considerable concession by the Management Group. The Management Group however sought to retain a further element of this clause that they had always sought, being that in addition to part one of the clause, the Management Group wished to have included: “Should the City enact the Redevelopment clause the City agrees to provide the agreed premises ready to occupy by the MG. Relocation of the contents of the Premises will be the responsibility of the MG.” At the Ordinary Council Meeting held 31 March 2020, Council Decided (065/20): “1. Strongly encourages the Bunbury Geographe Motor Museum to develop a motor museum

in the Bunbury CBD to create more visitation and economic benefit to Bunbury.

2. Authorise the Chief Executive Officer to enter into the MOU as referenced to this Agenda with the Not for Profit Bunbury Geographe Motor Museum Management Group (unincorporated) for a 3 month period commencing (insert date) to allow the group to prepare a full business case and business plan to be presented to the City prior to negotiation and agreement of terms for the premises at 21 Wellington Street, Bunbury.

3. Agree to allocate $76,215 from the 2019/20 budget surplus together with $73,785 currently budgeted to help establish 21 Wellington Street as fit for purpose for a public building as a City contribution.


4. Agree for the City of Bunbury to provide the Not for Profit Bunbury Geographe Motor Museum Management Group (unincorporated) funds up to a maximum value of $150,000 as part of an agreed schedule of works so the building complies with the building code in order to establish the premises at 21 Wellington Street, Bunbury as fit for purpose as a Motor Museum.

5. Request that a full business case and lease proposal (5 year plus 5 year option) as detailed in the MOU be presented to the City for review and consideration prior to lease negotiation.

6. Authorise the Chief Executive Officer to negotiate terms for a lease over 21 Wellington Street being for the purpose of a Motor Museum with the Not for Profit Bunbury Geographe Motor Museum Management Group (unincorporated) in accordance with Council Policy and Section 3.58 of the Local Government Act 1995.”

As the Management Group’s preferred redevelopment clause was not included by Council at the Ordinary Council Meeting held 31 March 2020, a request was made by the Management Group for the matter be returned to Council for further consideration. An agenda item was referred to Council for its deliberation at the Ordinary Council Meeting held 14 April 2020. The Management Group submitted a Request for Deputation prior to the meeting. The form submitted by the Management Group to request a deputation provided an amended clause the Group wish to have included in the Memorandum of Understanding. The Management Group was invited to present to Council however due to technical difficulties with the online connection, some aspects of this deputation were inaudible. Councillor Plumb moved a motion seconded by Cr Giles in accordance with Standing Order 11.6A to defer the item for two weeks due to the inaudible quality of Mr Stubber’s deputation. This motion was carried and became the Council Decision (076/20). Council Policy Compliance

Sporting and Community Leases and Licences Legislative Compliance

Whilst this item is to address an MOU, disposal through any lease agreement thereafter will see Section 3.58 of the Local Government Act 1995 apply. Officer Comments An amended MOU is attached at DSC-12 for Council’s consideration. There have been negotiations held between the City and the Management Group which have resulted in the rewording of the redevelopment clause as follows: “e) Redevelopment clause

The City’s standard redevelopment clause will apply to any lease entered into by the Parties, however, will only be applicable in the further optional 5 year term and not in the initial five year term. The redevelopment clause will be written as follows:


The City may terminate this Lease by giving the Lessee not less than twelve months (“Notice Period”) written notice (“Termination Notice”) that the City wishes to alter, extend or redevelop the Land or any part thereof or carry out any works on the Land or any part thereof which will prevent access or safe access to the Leased Premises. The Termination Notice must state the date (“Early Termination Date”) on which the Notice Period will expire.

The City commits to use its best endeavours should the Redevelopment Clause be enacted, to assist the Management Group in finding a suitable and comparable alternative premises within the Bunbury CBD that may require a fit out within the City’s budget to operate the Motor Museum on or before the end of the notice period. The City agrees to provide the agreed premises ready to occupy by the Management Group. Relocation of the contents of the premises will be the responsibility of the Management Group. The Management Group notes that the financial implications of this clause will require the endorsement of the sitting Council.”

The Agenda item presented to the Ordinary Meeting of Council on 14 April 2020 outlined a number of options for Council to consider. Officers have, based on recent negotiations, concluded that the recommendation as presented in this Agenda item is satisfactory to progress. For Elected Member information the previous options were: Executive Recommendation – Option 1 That Council agree to modify the MOU to include the wording as follows into the previously approved redevelopment clause: “Should the City enact the Redevelopment clause the City agrees to provide the agreed premises ready to occupy by the MG. Relocation of the contents of the Premises will be the responsibility of the MG.” Executive Recommendation – Option 2 That Council acknowledge the Management Group’s desire to modify the redevelopment clause and strongly encourage them to work with the CEO through an agreed mediator to reach an agreed redevelopment clause that is satisfactory to both parties. Executive Recommendation – Option 3 That Council endorse the following amended redevelopment clause:

The redevelopment clause will be written as follows:

(a) The City may terminate this Lease by giving the Lessee not less than twelve months (“Notice Period”) prior written notice (“Termination Notice”) that the City wishes to alter, extend or redevelop the Land or any part thereof or carry out any works on the Land or any part thereof which will prevent access or safe access to the Leased Premises. The Termination Notice must state” the date” on which the Notice Period will expire.

(b) Should the Redevelopment clause in (a) be enacted, the City commits to use its best endeavours to assist the Management Group in finding suitable and comparable alternative


premises within the Bunbury CBD to operate the motor museum on or before the end of the notice period.

(c) Should the parties agree that a suitable and comparable premises is available, the City commits to assist the Management Group to bring the premises up to a standard suitable for the use by the Management Group, to a maximum value of $XXXXX (to be determined by Council). Relocation of the contents of the Premises will be the responsibility of the Management.

Community Consultation

There has been no community consultation to date. Once agreement has been reached to establish a disposal of the land will require public advertising under the Local Government Act. Councillor/Officer Consultation

The CEO, Executive, Manager Economic Development and Lands and Senior Economic Development Officer have been involved with discussions with the Management Group. Elected Members considered this item at the Ordinary Council Meeting held 31 March 2020. Elected Members considered this item at the Ordinary Council Meeting held 14 April 2020. Applicant Consultation

The City, the applicants being the “Management Group” and their Consultant have been in ongoing discussion and negotiation since August 2019, with the most recent discussions being held in March 2020 prior to this matter being bought forward to Council. The Management group and their consultant were made aware of the City’s position and the intention to bring the matter forward to Council for decision. A Deputation was made outlining the amendment to the MOU which the Management Group are requesting. Timeline: Council Decision Implementation

A decision may be implemented the first working day after by signing of the Draft MOU document.


11.5 Director Infrastructure

11.5.1 Tender: South West Sports Centre Fire Hydrant PR-4781

File Ref: RFT1920/030 Applicant/Proponent: Internal Responsible Officer: Karen Urkko, Contracts and Procurement Officer Responsible Manager: Shawn Lombard, Manager City Facilities Executive: Gavin Harris, Director Infrastructure Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative


Attachments: Appendix CRUSC-1: Response of Evaluations Appendix CRUSC-2: Evaluation Report

Summary Tenders for the South West Sports Centre Fire Hydrant System have been received and Council is requested to appoint the preferred tenderer as the contractor. Executive Recommendation That Council:

1. Endorse the recommended contractor to provide and install a Fire Hydrant System to the

South West Sports Centre.

2. Authorise the Chief Executive Officer to enter into a contract with the recommended contractor for the Hydrant System for South West Sports Centre.

Voting Requirement: Simple Majority 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 1.2 An active community, able to access a wide range of sporting, recreation

and leisure options. Regional Impact Statement

Installation of a new fire hydrant system will protect residents, patrons, staff, assets and the surrounding reserve, flora and fauna and ensure compliance to Australian Standard 2419 and DFES requirements.

Background The tender was advertised in the West Australian and the Bunbury South West Times newspapers on Wednesday 22 January 2020 and Thursday 23 January 2020 respectively. The tender document was made available via the City’s procurement portal through Vendor Panel.


A total of 150 suppliers viewed the advertisement and at closing 8 responses were received (4 submissions were non-conforming tenders and were not assessed) -

Tendering Entity Name Address Ipswich and District Equipment Services Pty Ltd 31 Briggs Rd Ipswich 4305, QLD Chubb Fire (3 submissions) 65 McCombe Road Bunbury 6231, WA Bell Fire Equipment Pty Ltd 12 Yookson Rd Picton 6229, WA Westline Plumbing & Drainage Pty Ltd (2 submissions) 10 Hopetoun Pl Welshpool 6106, WA Protector Fire Services 1952 Beach Rd Malaga 6090, WA

The tenders were evaluated using the following criteria: Compliance Criteria – Yes / No answers Qualitative Criteria weighting

1. 20% Relevant Experience and Key Personnel 2. 20% Tenderer’s Resources 3. 30% Demonstrated Understanding 4. 30% Price Weighting

Evaluation of the tender prices (and ranking) has been assessed but because the results are "commercial in confidence" details are listed in a Confidential Report that has been circulated to members under separate cover. Council Policy Compliance Tendering for goods and services is conducted in accordance with: - Purchasing Council Policy - Access and Inclusion Policy Legislative Compliance Advertising and processing of tenders was conducted in accordance with: - Local Government (Functions and General) Regulations 1996, Part 4 Tender for Providing Goods

or Services - Local Government Act 1995

The cost of this procurement exceeds the Chief Executive Officer’s level of authority, therefore it has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Officer Comments All members of the evaluation panel have signed a declaration of confidentiality and interest to ensure probity.


Analysis of Financial and Budget Implications This project is funded through PR-4781 Replace South West Sports Centre Fire System which had an original budget of $409,576 excluding gst of which there is currently $407,287 available. The award of this procurement is within the project budget available. Community Consultation Consultation has occurred with all the compliance and regulatory authorities associated to aspects of this project (external agencies). Councillor/Officer Consultation Consultation has been undertaken with all the relevant Planning and Development City Officers, including all the compliance and regulatory authorities associated to aspects of this project. Applicant Consultation Not Applicable Timeline: Council Decision Implementation The City anticipated that this project will be completed by 30 June 2020 should it achieve Council endorsement in the 28 April 2020 Council Meeting, with an approximate 64 day procurement and installation timeframe. In light of the COVID-19 (Corona Virus) pandemic the City sought clarification on current availability of products and a statement of work scope for continuity and contingency for the duration of the project, specifically regarding staff required to deliver the brief. Due to unknown factors with COVID-19 onsite work may be put on hold until all materials have been received, noting possible delays going forward.


12. Applications for Leave of Absence

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

13. Motions on Notice

14. Questions on Notice

14.1 Response to Previous Questions from Members taken on Notice

14.2 Questions from Members

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

16. Meeting Closed to Public 16.1 Matters for which the Meeting may be Closed

16.2 Public Reading of Resolutions that may be made Public

17. Closure

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