ordinary meeting of council agenda · 2016-02-19 · steering committee meeting and events mayor...

ORDINARY MEETING OF COUNCIL

AGENDA

23 February 2016

ORDINARY MEETING OF COUNCIL AGENDA 23 FEBRUARY 2016

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TABLE OF CONTENTS

1 DECLARATION OF OPENING ............................................................................................... 2

2 ACKNOWLEDGEMENT OF COUNTRY .............................................................................. 2

3 ATTENDANCE ........................................................................................................................... 2

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ....................... 3

5 PUBLIC QUESTION TIME ...................................................................................................... 3

6 APPLICATIONS FOR LEAVE OF ABSENCE ...................................................................... 3

7 PETITIONS, DEPUTATIONS OR PRESENTATIONS ......................................................... 3

8 DECLARATIONS OF CONFLICTS OF INTEREST ............................................................ 3

9 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING – AS

CIRCULATED ............................................................................................................................ 3

10 ANNOUNCEMENTS BY THE CHAIR ................................................................................... 4

11 REPORTS OF DEVELOPMENT AND REGULATORY SERVICES ................................. 6

DRS245 ADOPTION OF DRAFT LOCAL PLANNING POLICIES ........................................... 6 DRS246 LEASE OF CROWN RESERVE 31961 TO SPALDING HORSE AND PONY CLUB

(INCORPORATED) ................................................................................................... 11 DRS247 FORMER RAIL CORRIDOR, WEBBERTON – NARNGULU .................................... 14 DRS248 DELEGATED AUTHORITY, ENVIRONMENTAL HEALTH AND OTHER

OFFICERS 2016 ........................................................................................................ 20

12 REPORTS OF COMMUNITY SERVICES ........................................................................... 25

CS233 PUBLIC ART STRATEGY .......................................................................................... 25 CS234 MULLEWA COMMUNITY FARM – LEASING OPTION .......................................... 28 CS235 RELINQUISHING APPROVED PROVIDER STATUS & CESSATION OF CITY

PROVISION OF BRIGHT STARS FAMILY DAY CARE SERVICE ........................... 32

13 REPORTS OF CORPORATE AND COMMERCIAL SERVICES ..................................... 41

CCS158 MID YEAR BUDGET REVIEW 2015-16 .................................................................... 41 CCS159 MONTHLY MANAGEMENT REPORT TO 31 JANUARY 2016 ................................ 45

14 REPORTS OF INFRASTRUCTURE SERVICES ................................................................ 47

IS115 RFT 09 1516 FRANCIS STREET FINGER JETTY – DEMOLITION AND

CONSTRUCTION ...................................................................................................... 47

15 REPORTS OF OFFICE OF THE CEO .................................................................................. 51

16 REPORTS TO BE RECEIVED ............................................................................................... 52

17 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN ........................................................................................................................................ 54

18 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN .............. 54

19 URGENT BUSINESS APPROVED BY PRESIDING MEMBER OR BY DECISION OF

THE MEETING ........................................................................................................................ 54

20 CLOSURE ................................................................................................................................. 54

APPENDIX 1 – ATTACHMENTS AND REPORTS TO BE RECEIVED ..................................... 55


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CITY OF GREATER GERALDTON

ORDINARY MEETING OF COUNCIL TO BE HELD ON MONDAY, 23 FEBRUARY 2016 AT 5.00PM

CHAMBERS, CATHEDRAL AVENUE

A G E N D A

DISCLAIMER: The Chairman advises that the purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting. Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25(e)) and Council’s Standing Orders Local Laws establish procedures for revocation or recision of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The City of Greater Geraldton expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

1 DECLARATION OF OPENING

2 ACKNOWLEDGEMENT OF COUNTRY I would like to respectfully acknowledge the Yamaji people who are the Traditional Owners and First People of the land on which we meet/stand. I would like to pay my respects to the Elders past, present and future for they hold the memories, the traditions, the culture and hopes of the Yamaji people.

3 ATTENDANCE

Present: Officers: Others: Members of Public: Members of Press: Apologies: Leave of Absence:


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4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil.

5 PUBLIC QUESTION TIME Questions provided in writing prior to the meeting or at the meeting will receive a formal response. Please note that you cannot make statements in Public Question Time and such statements will not be recorded in the Minutes. Our Local Laws and the Local Government Act require questions to be put to the presiding member and answered by the Council. No questions can be put to individual Councillors.

6 APPLICATIONS FOR LEAVE OF ABSENCE

Existing Approved Leave

Councillor From To (inclusive)

Cr B Hall 12 February 2016 19 February 2016

Cr J Critch 8 March 2016 9 March 2016

Cr L Freer 24 March 2016 24 April 2016

Cr N McIlwaine 15 April 2016 29 April 2016

Cr M Reymond 24 March 2016 4 April 2016

Cr M Reymond 01 September 2016 26 September 2016

Mayor Shane Van Styn requests leave of absence for the period 23 August 2016 to 23 August 2016 be approved. Cr Neil McIlwaine requests leave of absence for the period 2 March 2016 to 5 March 2016 be approved.

7 PETITIONS, DEPUTATIONS OR PRESENTATIONS

8 DECLARATIONS OF CONFLICTS OF INTEREST Cr N McIlwaine Declared and Impartiality Interest in Item DRS247 Former Rail Corridor, Webberton – Narngulu as he is a salaried employee of the Company that has premises abutting land that is to be considered in this item.

9 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING –

as circulated RECOMMENDED that the minutes of the Ordinary Meeting of Council held on 25 January 2016, as previously circulated, be adopted as a true and correct record of proceedings.


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10 ANNOUNCEMENTS BY THE CHAIR Events attended by the Mayor or his representative

DATE FUNCTION REPRESENTATIVE

26 January 2016 Host – Australia Day Ambassador – Dr Robert Isaacs

Mayor Shane Van Styn

26 January 2016 Australia Day Celebrations – Mullewa Mayor Shane Van Styn

26 January 2016 Australia Day Citizenship Ceremony & Australia Day Awards Presentation Ceremony


26 January 2016 Australia Day Celebrations - Geraldton Mayor Shane Van Styn

27 January 2016 Radio Mama – Phone Interview – Current Council Issues


27 January 2016 ABC Radio Interview – Outcomes from Council Meeting


27 January 2016 Meeting with Jen Benson – Welfare Card Mayor Shane Van Styn

28 January 2016 Meeting with Jerome Leray – Q&A with Public Members


29 January 2016 ABC Interview – Greenough Murderer Petition


1 February 2016 Regular Catch up with Media & Marketing Mayor Shane Van Styn

1 February 2016 Regular Catch Up with CEO Mayor Shane Van Styn

1 February 2016 Regular Meeting with Local Members Mayor Shane Van Styn

1 February 2016 Rural Clinic School Welcome Night Cr Lewis Freer Mayor Shane Van Styn

2 February 2016 Meeting with David Templeman MLA & Darren West MLC – Issues in Common


2 February 2016 Meeting with Hugh Edwards – Shipwrecks in Geraldton & the Netherlands


2 February 2016 Regional Centres Development Plan – Pre Steering Committee Meeting


2 February 2016 Concept Forum – February Mayor Shane Van Styn

5 February 2016 Regional Centres Development Plan - Flight to Abrolhos


5 February 2016 Regional Centres Development Plan – Steering Committee Meeting and events


5 February 2016 Meeting with Land Corp Mayor Shane Van Styn

8 February 2016 EastxWest Pre Trip Meeting with Han Jie Davis


8 February 2016 Meeting with Mary Marshall – Murchison Regional Aboriginal Corporation


9 February 2016 Meeting with Bundiyarra – Aboriginal Concerns



9 February 2016 Regular Catch up with CEO Mayor Shane Van Styn

9 February 2016 Elected Member Budget Workshop Mayor Shane Van Styn

10 February 2016 Meeting with Geraldton Guardian / West Australian Newspapers


10 February 2016 ABC Phone Interview – Pages Beach Contamination


10 February 2016 Meeting with Mr Ma – Chairman of Shanxi fanglue bonded logistic centre – importing Lobster to China


11 February 2016 Meeting with Greg Tate – Hope Community Farm


11 February 2016 Meeting with Ian Heberle RSL – Anzac Day Mayor Shane Van Styn


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Hellfire Pass

11 February 2016 Meeting with Leanne – Hogsbreath Café Mayor Shane Van Styn

11 February 2016 Meet and Greet – Superintendent Mike Bell – Geraldton Police


11 February 2016 Meeting with Mike Fitzgerald – Commercial Property Group – North / South highway


11 February 2016 Meeting with Rotary – Rotary District 9455 Conference of 2018


12 February 2016 Visit new SHINE – Geraldton Senior College Mayor Shane Van Styn

12 February 2016 Presentation of Photography from David Hughes – HMAS Sydney II Turbine Blades


12 February 2016 Midwest Academy of Sport 2015 scholarship Ceremony


12 February 2016 Funtavia Mayor Shane Van Styn

13 February 2016 Funtavia Mayor Shane Van Styn



15 February 2016 Citizenship Ceremony – February Mayor Shane Van Styn

15 February 2016 Photo Opportunity – Bike Week Mayor Shane Van Styn

16 February 2016 Meeting with Graeme Sattorio – Dome Mayor Shane Van Styn

16 February 2016 Agenda Forum Mayor Shane Van Styn

17 February 2016 Meeting with Wayne Obst – Former Mingenew Fire Control Officer


18 February 2016 Plaque hand Over – former Councillor Des Brick


18 February 2016 Local Emergency Management Committee Meeting


18 February 2016 WA Regional Capitals Alliance Preliminary Meeting


18 February 2016 ABC Radio Interview – Bush Fire Update Mayor Shane Van Styn

18 February 2016 GWN Interview – Bush Fires Mayor Shane Van Styn

22 February 2016 Northern Country Zone Meeting – Mingenew Mayor Shane Van Styn

22 February 2016 Hogsbreath Geraldton Opening Mayor Shane Van Styn

23 February 2016 Meeting with Peter Bowman – Duyfken 1606 Replica Foundation


23 February 2016 Regional Capitals Australia Board Meeting – Teleconference




23 February 2016 Ordinary Meeting of Council Mayor Shane Van Styn


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11 REPORTS OF DEVELOPMENT AND REGULATORY SERVICES

DRS245 ADOPTION OF DRAFT LOCAL PLANNING POLICIES

AGENDA REFERENCE: D-16-07339 AUTHOR: K Elder, Coordinator Strategic Planning EXECUTIVE: P Melling, Director Development &

Regulatory Services DATE OF REPORT: 03 February 2016 FILE REFERENCE: LP/8/0001 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x5) EXECUTIVE SUMMARY: With the gazettal of the new Local Planning Scheme No. 1 a number of new local planning policies have been created and a number of existing local planning polices or guidelines have been substantially altered. This report recommends adoption of the draft policies for the purpose of public advertising. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Schedule 2, Part 2, Division 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES to:

1. ADOPT the following local planning policies as a draft for the purpose of public advertising: a. Workforce Accommodation; b. Design Guidelines – Mount Scott (Brede Street); c. Repurposed Dwellings; d. Non-Residential Development in the Residential Zone; and e. Geraldton Airport Special Control Area;

2. ADOPT the local planning policies for final approval should no objections be received during the advertising period; and

3. REQUIRE a further report to Council should there be any objections received during the advertising period.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: Council recently re-adopted a number of local planning policies at the meeting held 15 December 2015. These policies included minor textural changes which bought them into conformity with the new Local Planning Scheme No. 1 (LPS No. 1) and/or the planning framework established by the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations).


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However, some existing local planning policies have had to be more substantially altered to ensure consistency with the new LPS No. 1 and the Regulations. Furthermore, some new local planning policies have been created to provide guidance to additional planning matters that have arisen as part of the new LPS No. 1 and the Regulations. A summary of each local planning policy is provided below and a copy of each of the draft local planning policies is included in Attachment Nos. DRS245 A to E. Workforce Accommodation The ‘Workforce Accommodation’ local planning policy was previously known as the ‘Temporary Accommodation (Construction) Camps’ local planning policy and has been updated to reflect the new land use name and definition given to these developments within the Regulations. The updated local planning policy also provides for a more simplistic planning framework in the application for, and determination of, workforce accommodation proposals. Design Guidelines – Mount Scott (Brede Street) The former City of Greater Geraldton Town Planning Scheme No. 3 (Geraldton) identified a number of ‘Urban Precincts’ whose particular circumstances required more focused management and control. One of which is the Precinct E – Special Design area which was governed by a set of design guidelines. The Precinct area forms the back-drop to the Geraldton city centre and is of significant landscape value. The undulating landform (Mount Scott) provides interest and attractive streetscapes have resulted. The area is visually prominent from other parts of the city centre and development needs to be well designed to preserve the visual amenity of both vistas from the ridge over the city and views of the ridge from the city. A number of changes to the original design guidelines have occurred such as:

Bringing the zoning and Residential Design Code for the area in line with LPS No. 1;

Narrowing down the area subject to the policy to include only the lots located on the main ridge line; and

Simplifying the policy to ensure that it more accurately focuses on preservation of the integrity and landscape value of the western dune face.

Repurposed Dwellings The use of transportable or modular dwellings is a necessary and acceptable part of the State’s housing product, and there should be no controls in planning schemes that seek to prohibit this form of development. However, it


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is reasonable for local governments to control the repurposing of buildings where they haven’t been previously used as a house, particularly for former mine site ‘dongas’ or shipping containers. A repurposed dwelling is defined as ‘a building or structure not previously used as a single house, which has been repurposed for use as a dwelling.’ This local planning policy provides guidance to applicants regarding the type of information to be submitted as part of a development application and the likely conditions that may be applied to such a development. Non-Residential Development in the Residential Zone This is a new policy which guides the establishment of non-residential uses within the Residential zone. LPS No. 1 lists a number of non-residential land uses that may be considered in the Residential zone. However, the character and amenity of the ‘Residential’ zone needs to be protected as it not intended to be used for the incremental spread of non-residential land uses into suburbs, particularly where it may be more appropriate for such land uses to be located in more appropriate areas. The policy establishes criteria which will guide discretionary decision making in determining locations and operations appropriate for the Residential zone. This will provide clearer direction for applicants regarding the nature of developments that could be considered and the type of information that needs to be submitted with a development application. Examples of non-residential uses that may be permitted in the Residential zone are:

Child Care Premises;

Consulting Rooms;

Medical Centre; and

Office – Small Scale. Geraldton Airport Special Control Area To ensure their continuing viability as essential transport infrastructure assets for the community, airports require protection against developments on land in the vicinity of the airport which are incompatible with continuing airport operations. Noise from aircraft operations is the most common source of public complaint about airports and this can seriously constrain the efficient operation of existing runways and significantly inhibit airport expansion. It is therefore imperative that development surrounding airports is appropriately located and where it occurs on land affected by significant levels of aircraft noise is designed and constructed to mitigate adverse noise impacts on the community.


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In November 2012 Council adopted the Geraldton Airport Master Plan 2012-2030 which establishes the strategic development framework for the airport based on its ultimate capacity. As part of the master plan, considerable work was undertaken to develop a practical method of noise exposure forecasting for the airport to identify land that could be affected by aircraft noise. A combination of the Australian Noise Exposure Forecast (ANEF) system and the N70 contour system was used to determine an area of land within which it was recommended that land use planning controls should be applied. This area was subsequently included within the new LPS No. 1 as the Geraldton Airport Special Control Area. This local planning policy provides further guidance for rezoning, subdivision and development within the Geraldton Airport Special Control Area and outlines where noise attenuation measures are required. As per the recommendation of the Geraldton Airport Master Plan 2012-2030 the noise attenuation measures are determined in accordance with the Australian Standard 2021 Acoustics – Aircraft noise intrusion – Building siting and construction. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic issues. Social: There are no social issues. Environmental: There are no environmental issues. Cultural & Heritage: There are no cultural and heritage issues. RELEVANT PRECEDENTS: Council at its meeting held on 15 December 2015 re-adopted a number of local planning policies. COMMUNITY/COUNCILLOR CONSULTATION: Local planning policies are required to be publically advertised in accordance with the requirements of Schedule 2, Part 2, clause 4 of the Planning and Development (Local Planning Schemes) Regulations 2015. There has been no Councillor consultation.


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LEGISLATIVE/POLICY IMPLICATIONS: The Planning and Development (Local Planning Schemes) Regulations 2015 provides for local planning policies as follows:

3. Local planning policies

(1) The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2) A local planning policy:

(a) may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b) may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3) A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4) The local government may amend or repeal a local planning policy.

(5) In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

FINANCIAL AND RESOURCE IMPLICATIONS: There are no financial and resource implications. INTEGRATED PLANNING LINKS:

Title: Governance Planning and Policy

Strategy 5.2.7 Ensuring efficient and effective delivery of service

REGIONAL OUTCOMES: There are no regional outcomes. RISK MANAGEMENT By not adopting the policies there is a risk that the City will not have a sufficient planning framework to guide decision making. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS It is considered essential, that in the interest of providing a sound planning framework from which the local government can be guided in its discretion and decision making process, that new policies be prepared and existing policies be revised. The option to refuse is therefore not supported. The option to defer the matter is not supported as there is considered sufficient information for Council to determine the matter.


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DRS246 LEASE OF CROWN RESERVE 31961 TO SPALDING HORSE AND PONY CLUB (INCORPORATED)

AGENDA REFERENCE: D-16-07457 AUTHOR: L MacLeod, Coordinator Land and

Property Services EXECUTIVE: P Melling, Director Development and

Regulatory Services DATE OF REPORT: 5 February 2016 FILE REFERENCE: R31961 APPLICANT / PROPONENT: Spalding Horse and Pony Club

(Incorporated) ATTACHMENTS: No

EXECUTIVE SUMMARY: The purpose of this report is to seek Council’s consent to enter into a lease agreement with the Spalding Horse and Pony Club over Crown Reserve 31961. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Section 3.58 of the Local Government Act RESOLVES to:

1. ENTER into a lease agreement over Crown Reserve 31961 with the Spalding Horse and Pony Club;

2. SET the conditions as follows: a. Enter into a five (5) year lease agreement with one further term

option of five (5) years; b. Commence the lease fee in line with the City of Greater

Geraldton Fees and Charges 2015/16 amended annually; c. The lease to be in accordance with Council Policy CP049

Community Group Land Lease/Licence Policy; d. Written consent from the Minister for Lands; e. The further term option in (a) above to be at the sole discretion

of the Minister for Lands and the City of Greater Geraldton; 3. THE lessee being responsible for separately paying;

a. All applicable rates, taxes and other utilities; and b. Legal and administrative expenses associated with the

preparation, execution and registration of the lease. PROPONENT: The proponent is Spalding Horse and Pony Club (Incorporated). BACKGROUND: The Spalding Horse and Pony Club have been on a holding over period since their lease over Crown Reserve 31961 expired on 30 June 2014. The Reserve is located on the corner of North West Coastal Highway and Chapman Valley Road and has been identified in the City’s Sunset Beach


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Precinct Plan for possible future development. With this in mind, and reference to the Sporting Futures Report, the City has been committed to working extensively with the Club to find an alternative site since before the expiration of the lease. To date none of the sites have been deemed as suitable by the Club. The Club recently wrote to the Mayor requesting a new lease over their current site for a term of five years with two further term options of five years. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: The City leases Crown Reserves and freehold land to community organisations for a variety of recreational purposes. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation associated with this proposal. LEGISLATIVE/POLICY IMPLICATIONS: Section 3.58 of the Local government Act 1995 details the process for “disposing” (in this case leasing) of property. Regulation 30 of the Local Government Functions and General Regulations describes dispositions of property excluded from Section 3.58 of the Local Government Act 1995 for recreational, sporting and other like nature organisations. CP049 Community Group Land Lease/Licence Policy details the process for the leasing of Crown Land to Community Groups. FINANCIAL AND RESOURCE IMPLICATIONS: The lease fee is set by the City of Greater Geraldton Schedule of Fees and Charges 2015/16 adopted by Council and reviewed annually. The commencement lease fee is $373.00 per annum inclusive of GST.


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INTEGRATED PLANNING LINKS:

Title: Social Recreation and Sport

Strategy 3.1.1

Supporting the strong sporting culture that has shaped Greater Geraldton’s identity and lifestyle

REGIONAL OUTCOMES: Sport and recreation in regional areas is a vital link in developing opportunities to network and socialise whilst providing a wide range of activities. The City recognises the importance of supporting sport and recreation clubs and their volunteers as a benefit to the Greater Geraldton region as a whole. RISK MANAGEMENT There are no specific risks associated with this proposal to the City. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The following options were considered by City Officers: The option to grant the Club a five year lease with two further terms of five years (15 years in total) was considered, however, it was discounted because this lengthy term may prejudice the future development of this area as outlined in the Sunset Beach Precinct Plan.


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DRS247 FORMER RAIL CORRIDOR, WEBBERTON – NARNGULU

AGENDA REFERENCE: D-16-07522 AUTHOR: P Melling, Director Development and

Regulatory Services EXECUTIVE: P Melling, Director Development and

Regulatory Services DATE OF REPORT: 3 February 2016 FILE REFERENCE: PM/2/0004 APPLICANT / PROPONENT: Public Transport Authority ATTACHMENTS: Yes (x3)

EXECUTIVE SUMMARY: The Public Transport Authority (PTA) is seeking the City’s input on the future land use of the former rail corridor between the North West Coastal Highway, Webberton and the Geraldton-Mount Magnet Road at Narngulu. This report outlines possible alternate use options and seeks a Council resolution that can be presented to the Public Transport Authority. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Section 3.18 of the Local Government Act 1995 RESOLVES to:

1. ADVISE the Public Transport Authority of its position on the section of the former rail corridor between Webberton and Narngulu as follows: a. Section between North West Coastal Highway and Place Road,

the City has no interest in this section of the corridor apart from identified drainage requirements being satisfied;

b. Section between Place Road and Horwood Road, the City seeks transfer of this portion of the corridor at nil cost for the reasons outlined in this report;

c. Horwood Road to Ross Ariti Road, a portion at the north end of this section needs to be set aside for North South Road corridor and the City has an interest in retaining a portion of the corridor at the heritage listed old platform area adjacent to Ross Ariti Road. The City has no interest in the balance of this section;

d. Ross Ariti Road to Geraldton-Mount Magnet Road, no interest in this section by the City. The City is also to advise the Public Transport Authority of the need to consider the surrounding area land zoning to ensure consistency / compatibility is achieved; and

2. ADVISE that future zoning, subdivision and heritage matters will need to be addressed on any disposal of land in the corridor.

PROPONENT: The proponent is the Public Transport Authority.


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BACKGROUND: Over an extended period of time there have been a number of discussions with the Public Transport Authority (PTA) and the City in relation to the future use / disposal of the former rail corridor between North West Coastal Highway, Bluff Point and the Narngulu Marshalling Yard. These discussions have taken place over a number of years and Council has considered the matter previously, but no final decision has been made by the PTA. A copy of Council’s previous position is attached as reference (see Attachment No. DRS247A). The section between Chapman Road and North West Coastal Highway is dealt with via a separate subdivision process. The Public Transport Authority has now sought advice from the City on its position on the disposal of the corridor that is surplus to the PTA’s requirements. The PTA has indicated that they want to sell the land to help reduce the PTA’s current debt. Following discussions with the PTA, the City officers in November 2013 wrote to the PTA outlining possible future land use options for various sections of the corridor and advising that this was officer comment only and a formal report via Council would need to be considered. The City has had limited feedback on the letter however, the PTA has now contacted the City to advise it is progressing with the disposal and seeking the City’s formal position. The Wonthella Progress Association have also had a long term position supporting the retention of the corridor and its ultimate development as a rail trail with heritage interpretation and as a vegetated “Greenway”. Landowners abutting a section of the corridor between North West Coastal Highway and Place Road have also expressed interest in acquiring sections of the corridor, (one owner has also offered to purchase the balances not taken by other owners). Given the distance of this linear corridor (approximately 7.5 km) there is only one overall land use solution which is that of the Wonthella Progress Association proposal, but at an Executive level there is no one solution on its future use so information on the four sections is presented with possible disposal options: North West Coastal Highway to Place Road Proposal to work the corridor land into an overall structure plan for the CSBP fertiliser depot site has unfortunately not progressed. The City was keen to achieve some form of dual use path link through this corridor. The construction of this link would have been tied into a road network that would need to have addressed community safety / business security issues and maximise land development opportunities. The City saw this pathway link running from the Wonthella Sporting Complex through to the former PTA land in Bluff Point and the path / interpretation of that site area (rail cutting area). Unfortunately, for a number of reasons this approach has not proceeded beyond some initial concept plan designs. Given that the alternate design


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option has not proceeded and looks like it will not be occurring in the short to medium term, the City therefore will not object to the disposal of this portion of the former rail corridor to abutting land owners. This option however should not be progressed if it creates isolated parcels of land. In relation to the pathway link as an offset the City will seek a commitment from the PTA for a new dual use path linking Place Road with the former rail corridor at Bluff Point utilising the existing road network. It is noted that there are some long standing drainage areas within the former corridor that drains sections of Flores Road, this aspect will need to be addressed as part of the process; this may be a legacy issue arising from when the corridor was still an active railway. Place Road to Horwood Road

The City has a strong interest in taking over the responsibility of this section of the corridor (at nil transfer cost to the City). The majority of this portion of the corridor has limited commercial potential due to the existing road network configuration and surrounding land uses:

The portion of corridor from Place Road (South) through to the Holcim site does have heritage interpretation value especially around the former Wonthella rail site and the recognised heritage trees. It will permit this section of the former railway to have a path and interpretive elements (this in turn could assist in alleviating some of the concerns of the Wonthella Progress Association. Noting that the Association’s current position is that they see the rail reserve being preserved from at least Horwood Road through to North West Coastal Highway and a heritage trail established).

The corridor will provide a buffer between the Service Industrial Area (on the east side of Bradford Street) and the residential area of Wonthella to the west.

The corridor in this area is located between two gazetted roads for a substantial section that severely limits any alternate land use (including the fact that the City would not support commercial / industrial uses on this land and it would have poor amenity value for residential use).

There is a need to formalise access to Bradford Street in at least one location (adjoining the former tip site) via the creation of a road reserve across the rail corridor.

The corridor also offers an opportunity to remedy some of the long term drainage issues in this area and the drainage can be accommodated in accordance with a landscape / interpretation plan for the area.

In relation to the area abutting the existing PTA lease areas on Flores Road, the City notes that the long term use of the lease areas at the former Utakarra siding need to be determined. For information the City had prepared the Sporting Futures Report that outlines a long term vision for sports activities across the City of Greater Geraldton that provides for integrating the corridor into the recreation reserves that


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surround this southern area. The attached extract Attachment No. DRS247B refers.

The leasehold sites in Utakarra siding are a legacy land use arising from the location of the former siding but have no land use relationship with the surrounding area. Over time the surrounding land areas have been developed for recreational use and surrounding reserves yet to be developed and are also recreationally focussed. The land uses currently occupying the lease areas are more appropriate to a General Industry area and could be considered for relocation in the reserve north of Place Road (if some of the abutting owners do not wish to acquire).

It is recommended to advise the PTA that it is unlikely that the City would support a spot zoning for General Industry in this area.

Horwood Road to Ross Ariti Road

Portion immediately south of Horwood Road will be required for the future North South Road (Main Roads), the future of the State Registered cottage will need to be factored into this portion of the rail reserve’s disposal. The PTA do not wish to retain ownership of the cottage and it would form part of the disposal of this section of corridor

There is City interest in retaining a portion of the corridor at the heritage listed old platform area adjacent to Ross Ariti Road; the City has an opportunity to add this area to an existing reserve and the site interpreted accordingly (to the Office of State Heritage requirements), but any costs for interpretation / maintenance of the former platform would be at the City’s cost. In return, part of this adjoining City managed reserve could be reconfigured to give the rail reserve direct lot frontage to Edward Road.

Part of the reserve through this area could be offered to adjoining industrial lot owners, but noting again, this could create lots with a dual road frontage creating issues via the W.A. Planning Commission. The City would not support industrial lots having access to Beaconsfield Road.

The City has no interest in the balance area through this section.

Ross Ariti Road to Geraldton – Mt Magnet Road

No interest in this section by the City, the PTA will be advised of the surrounding land zoning to ensure consistency / compatibility. The City notes that there is a Water Corporation pipeline in a portion of the reserve through this area. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: Potentially some sections of the former rail corridor have subdivision / land use potential that could ultimately provide for extensions to existing


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businesses or redevelopment opportunities, both having positive economic benefits. Social: The disposal of the corridor north of Place Road has the potential to lessen current anti-social activities in the area especially in relation to damage and burglary. The section south of Place Road provides the opportunity to work with the Wonthella Progress Association on its heritage trail concept. Environmental: The section south of Place Road if transferred to the City will continue to act as a buffer area between the existing Wonthella residential area and the Webberton industrial area. Cultural & Heritage: The former rail corridor is listed on the State Heritage Register and the PTA will need to satisfy the Heritage Council of W.A. requirements in this regard. It is noted that the Wonthella Progress Association proposal would achieve this objective. RELEVANT PRECEDENTS: There are no relevant precedents. COMMUNITY/COUNCILLOR CONSULTATION: Councillors have been provided with status reports on the former rail corridor over a number of years. There have also been discussions (and the recent presentation) with the Wonthella Progress Association; local landowners have also discussed the corridor’s future with City officers. LEGISLATIVE/POLICY IMPLICATIONS: There is potentially a conflict with the Heritage Act of W.A. which the PTA will need to address. FINANCIAL AND RESOURCE IMPLICATIONS: If the City were to become responsible for any sections of the corridor and structures thereto, there will be requirement for restoration of structures and even at minimum maintenance requirements (to retain the actual corridor it in its current form) will require firebreak mowing. If the Rail Trail concept was progressed any additional facilities would require ongoing maintenance and will need to be fully costed and form part of future budget consideration. INTEGRATED PLANNING LINKS:

Title: Economy Transportation

Strategy 4.2.1

Developing more efficient transport options that are secure and safe to sustain our lifestyle.


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REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT No significant risks identified. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The following options were considered by City Officers: Disposal of the full length of the corridor, for freeholding to alternate (non-community) land uses. This option is not supported as it potentially could create conflicting land use activities on some sections of the former corridor. Alternately, the City could request that the whole 7.5 km former rail corridor be transferred to the City, free of charge, for either possible community use / or as a strategic linear corridor for some future potential transport activity which would support the Wonthella Progress Association’s proposal. At an Executive level this option is not supported for the following reasons:

Its retention as a strategic linear link is not supported as the City has an adopted position statement for the Geraldton North-South Transport Corridor located on a parallel corridor less than a kilometre away.

Retention of the whole corridor in City ownership could create a community expectation for improved facilities on the corridor.

The creation of a rail trail is not a priority for the City.

It is likely that restoration and ongoing maintenance of the cottage at Horwood Road would also be a requirement if the City were to seek this section of the adjoining corridor.

The ongoing maintenance of the 7.5km long corridor (40 metres wide) and structures thereto, would add additional costs to the City’s budget.


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DRS248 DELEGATED AUTHORITY, ENVIRONMENTAL HEALTH AND OTHER OFFICERS 2016

AGENDA REFERENCE: D-16-07532 AUTHOR: N Ferridge, Compliance Officer EXECUTIVE: P Melling, Director Development and

Regulatory Services DATE OF REPORT: 9 February 2016 FILE REFERENCE: SM/1/0001 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x1)

EXECUTIVE SUMMARY: This report seeks Council delegated authority to persons and positions listed in the attached schedule of authorised officers. The list contains powers and functions of Health, Food and Caravan Park and Camping legislation, which empowers them to perform as authorised officers the functions of local government. The list is currently not up to date due to recent staff changes and needs to be made current. The schedule listed in this report requires Council delegated approval and is attached as Attachment No. DRS248A. EXECUTIVE RECOMMENDATION: That Council by Simple Majority exercise its delegated power under Section 26 of the Health Act 1911, sections 118, 122 and 126 of the Food Act 2008, 17 and 23(2) of the Caravan Parks and Camping Grounds Act 1995 and regulation 6 of the Caravan Parks and Camping Grounds Regulations 1997 to:

1. AUTHORISE the persons listed in the schedule circulated with the agenda item to perform the functions under the relevant legislation as specified in the schedule listed below.

Schedule of authorised and designated officers

Hayley Williamson, Senior Environmental Health Officer:

Appoint under section 26 of the Health Act to be the City’s deputy with authority to exercise and discharge the following powers and functions of the City under the Act –

(a) enter premises;

(b) investigate offences;

(c) instigate prosecutions;

(d) issue orders, directions and notices;

(e) approve and certify public buildings;

(f) any power or function under the City of Geraldton Health Local Laws 2014 and any local law adopted to replace those local laws.

Delegate the power under section 118(2) of the Food Act to, for the purposes of the Act –

(a) issue orders and notices; and


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(b) register a food business.

Appoint as an authorised officer to section 122(1) of the Food Act 2008 with authority to exercise the following powers under the Act –

(a) enter premises;

(b) investigate offences; and

(c) instigate prosecutions.

Designate under section 126(13) of the Food Act as a designated officer for the purpose of giving infringement notices under section 126(2) of the Act.

Appoint as an authorised officer under section 17(1) of the Caravan Parks and Camping Grounds Act and grant authority under regulation 43 of the Caravan Parks and Camping Grounds Regulations to grant or renew a licence for a caravan park or camping ground.

Appoint under section 23(11) of the Caravan Parks and Camping Grounds Act as a person authorised to give an infringement notice under section 23(2) of the Act.


Neil Ferridge, Compliance Officer, Health and Ranger Services

Appoint as an authorised officer under section 122(1) of the Food Act 2008 with authority to exercise the following powers under the Act –

(a) instigate prosecutions


Environmental Health Officers

Malou Bullicer, Assistant Environmental Health Technical Officer;

James Hewitt, Environmental Health Technical Officer;

Jason Reid, Environmental Health Officer

Appoint under section 26 and 27 (5) of the Health Act to be the City’s deputies with authority to exercise and discharge the powers and functions of the City under the Act to enter premises and investigate offences. Appoint as authorised officers under section 122(1) of the Food Act with authority to exercise the powers under the Act to enter premises and investigate offences.

Designate under section 126(13) of the Food Act as designated officers for the purpose of giving infringement notices under section 126(2) of the Act. Appoint under section 23(11) of the Caravan Parks and Camping Grounds Act as persons authorised to give an infringement notice under section 23(2) of the Act.

Executive Officers

Ken Diehm (Chief Executive Officer) Philip Melling (Director, Development and Regulatory Services) Ross Mc Kim (Director, Infrastructure Services) Robert Davis (Director, Corporate and Commercial Services)


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Appointed as Designated Officers pursuant to section 126(13) of the Food Act 2008 to carry out functions in respect to Section 126(1), (3), (6), (7) as designated officers for the purposes of extending the period within which a modified penalty the subject of an infringement notice given under section 126(2) of the Act may be paid or withdrawing such a notice. Appoint as an authorised officer under section 17(1) of the Caravan Parks and Camping Grounds Act 1995 purpose of subsection 23(11) of the Caravan Parks and Camping Grounds 1995 to act as persons authorised for the purposes of subsection (3), (5) and (7) extending the period within which a modified penalty the subject of an infringement notice given under section 23(2) of the Act may be paid or withdrawing such a notice.

Contracted Officers

Justin Hagan, Meat Inspector Deon Hagan, Meat inspector Paul Boardman, Meat Inspector Michael Smith, Meat Inspector Michael Caporn, Meat Inspector

Appoint as an authorised officer under section 122 (1) of the Food Act with authority to inspect ante mortem and post mortem meat carcasses and use approved brand only at premises trading as Hagan Bros Abattoir, 35528 Brand Highway, Greenough.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The City last renewed its Environmental Health Officer delegations pursuant to the Health Act 1911, as amended and Local Government Act 1995 through Council resolution on 28 May 2014. Since then, there have been operational changes to staff that carry out regular administrative and enforcement responsibilities. Whilst City Officers have up to date certificates of authorisation, the purpose of this agenda paper is to ensure Council authorised delegations remain current and recorded accurately on its corporate delegations register and made available to be audited by the relevant authority from time to time. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are positive economic impacts through effective execution of environmental health legislative powers particularly in relation to the benefits of businesses reducing their risk of litigation as a result of serious harm to health and wellbeing as a result of unsafe practices.


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Social: There are positive social impacts through effective execution of environmental health legislative powers particularly in relation to health and wellbeing. Environmental: There are positive environmental impacts through effective execution of legislative powers particularly in relation to the control of pollution. Cultural & Heritage: There are no cultural and heritage impacts with this item. Authorised officers are working in cross cultural situations. RELEVANT PRECEDENTS: The previous Council decision regarding these particular delegations was made on 28 May 2014. COMMUNITY/COUNCILLOR CONSULTATION: The City is required to liaise with the Department of Health regarding authorisations required to be made under the Health Act 1911, as amended and Food Act 2008 and Food Regulations 2009. The City has contacted the relevant persons within the Health Department regarding changes to the existing authorisations and is satisfied with the advice received. McLeod’s Solicitors have previously provided advice in the setting out of the schedule of authorised and designated officers in this item. LEGISLATIVE/POLICY IMPLICATIONS: Council is able to execute by delegation specific powers in relation to its responsibilities under the Local Government Act 1995, Health Act 1911, Caravan Parks and Camping Grounds Act 1995, Caravan Parks and Camping Grounds Regulations 1997, Food Act 2008 and Food Regulations 2009. The delegation of such powers does not remove any of the responsibilities of the local government from exercising its powers. There is no impact on existing policies or new policies proposed as a result of the authorisations. FINANCIAL AND RESOURCE IMPLICATIONS: No significant costs increases are associated with the delegated authority. INTEGRATED PLANNING LINKS:

Title: Social Community Health and Safety

Strategy 3.5.3

Promoting healthy life style initiatives and living standards

Strategy 3.5.5 Creating safer communities


Strategy 5.2.7 Ensuring efficient and effective delivery of service.


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REGIONAL OUTCOMES: There may be positive regional outcomes where authorised officers are made available to other local government authorities on fee for service basis. RISK MANAGEMENT This proposal’s purpose is to mitigate against potential risks associated with officers performing their respective roles without holding the appropriate legal authority to do so as required by the relevant legislation. The wording of the delegated authority has been provided with advice from the City’s appointed legal advisers and follows the published guidelines issued by the relevant statutory agencies and conforms with them. There is a consequential risk of misuse of powers or unlawful enforcement action if the officers exercising perceived powers have not been correctly authorised to do so and potentially resulting in the City and officers personally being exposed to legal and/or financial liabilities. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The City is required to review its delegations regularly to ensure it remains current and meets the responsibilities to perform the required functions imposed by the relevant Acts and subsidiary legislation. The current delegated authority schedule is no longer current and is required to be brought up to date to enable transparency and effective governance of the statutory powers required to be executed by local government. Therefore, there are not alternative options to consider


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12 REPORTS OF COMMUNITY SERVICES

CS233 PUBLIC ART STRATEGY

AGENDA REFERENCE: D-16-07758 AUTHOR: S Davidson, Coordinator Community &

Cultural Development EXECUTIVE: A Selvey, Director Community Services DATE OF REPORT: 23 February 2016 FILE REFERENCE: GO/6/0015-05 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x2)

EXECUTIVE SUMMARY: This report is an update on the responses and amendments made to the draft Public Art Strategy based on feedback received during the public comment period, as instructed by Council on the 26 May 2015. The strategy is now ready for adoption. EXECUTIVE RECOMMENDATION: That Council by simple majority pursuant to Section 3.1 of the Local Government Act RESOLVES to:

1. ACKNOWLEDGE submissions on the Draft Public Art Strategy from stakeholders and community;

2. ENDORSE the Public Art Strategy as a guide to public art initiatives in the City of Greater Geraldton; and

3. NOTE that the Public Art Strategy does not bind Council to a financial commitment as all initiatives would need to be presented for Council consideration as part of annual budget processes.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: On the 26 May 2015 Council resolved to advertise the draft ‘Public Art Strategy’ for public comment for a period of 42 days, and to further determine.

That Council by Simple Majority pursuant to Section 3.8 of the Local Government Act RESOLVES to:

1. ADVERTISE the draft Public Art Strategy for public comment for a

period of 45 days; and 2. REQUIRE a further report to Council following the advertising

period. During the advertising period five submissions on the draft Public Art Strategy were received. This report outlines the submissions in the attachment and the officers’ responses to these submissions. These submissions and responses


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were provided to the Public Art Advisory Committee who endorsed the responses and the subsequent amendments to the Public Art Strategy, and now submit the amended Public Art Strategy to Council for consideration for adoption. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: The Public Art Strategy addresses issues of prosperity through the exploration of economic opportunities provided by public art to regional artists, fabricators, suppliers and installers, as well as the role of public art in tourism. Social: The Public Art Strategy highlights the role of public art in social change by bringing communities together in conversation and creative inspiration. In addition, it explores Greater Geraldton’s social history as a narrative. Environmental: The Public Art Strategy details the role of public art in enhancing and complementing environments, in part through enhancing buildings and open spaces. Cultural & Heritage: The Public Art Strategy is fundamentally a cultural initiative and explores opportunities to use arts, culture, heritage and creativity to drive a broader agenda for growth and transformation of place. RELEVANT PRECEDENTS: There are no relevant precedents. COMMUNITY/COUNCILLOR CONSULTATION: The draft Public Art Strategy was developed in consultation with the Public Arts Advisory Committee, as well as with community members and stakeholders, particularly in the cultural and visual arts sectors. Following Council’s resolution on 26 May 2015, the draft Public Art Strategy was advertised for public comment in the Geraldton Guardian and Mid-West Times and Council’s website for a period of 42 days. As a result of this public comment period and through the City’s consultations with key agencies across the art community, five responses were received and are summarised in the attachment. The responses were developed in consultation with the strategy author. Amendments to the strategy were made based on these comments. The full detail of the public comments and responses and the revisions have been examined by the Public Art Advisory Committee and were endorsed at the Public Art Advisory Committee meeting on 28 January 2016.


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LEGISLATIVE/POLICY IMPLICATIONS: The Public Art Strategy is aligned to the National Planning Policy and relevant Council plans policies and strategies and it makes recommendations for the review of Council Policy 046 Art Development Fund. FINANCIAL AND RESOURCE IMPLICATIONS: The draft Public Art Strategy recommended a number of initiatives for progressing public art in Greater Geraldton, which were costed at $65k and presented to Council on the 26 May 2015 and are currently being implemented in the 2015/16 budget. Subject to Council’s adoption of the Public Art Strategy, future initiatives will be presented to Council for consideration as part of annual budget processes. Initiatives may also arise externally through support from developers or community and can include donated public art. In these cases the City works closely with the external parties to ensure planning, maintenance and safety considerations are maintained as the public art project will become a City asset and responsibility. INTEGRATED PLANNING LINKS:

Title: Culture The Arts

Strategy 1.3.1 Fostering and facilitating art in all its forms

REGIONAL OUTCOMES: The Public Art Strategy will benefit communities and residents of towns across the Mid-West who regularly visit Geraldton as the regional hub and will benefit from the enhanced artistic vibrancy resulting from the implementation of this strategy. RISK MANAGEMENT The Public Art Strategy is informed by: (1) comprehensive stakeholder consultation; (2) policy and strategic context; and (3) best practice. This enables it to serve a risk mitigation function, addressing the risks associated with progressing public art initiatives that do not align with community or stakeholder aspiration, policy and strategic context, and/or best practice. This will enable greater community and stakeholder support for future public art initiatives. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS An alternative option would be to not progress the draft Public Art Strategy for adoption. However, this is not the preferred option, as it would fail to provide strategic focus for future public art initiatives. This could result in public art initiatives that do not align with community or stakeholder aspiration, policy or strategic context, and/or best practice. Such initiatives would be unlikely to receive community and stakeholder support.


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CS234 MULLEWA COMMUNITY FARM – LEASING OPTION

AGENDA REFERENCE: D-16-07764 AUTHOR: B Wilson, Manager Community

Development – Mullewa EXECUTIVE: A Selvey, Director Community Services DATE OF REPORT: 23 February 2016 FILE REFERENCE: GO/6/0015-05 APPLICANT / PROPONENT: Mullewa Community Trust Committee ATTACHMENTS: No

EXECUTIVE SUMMARY: This agenda item seeks Council’s endorsement for the Mullewa Community Trust to consider the leasing of a property as a suitable option for the establishment of a Mullewa Community Farm. EXECUTIVE RECOMMENDATION: That Council by Absolute Majority pursuant to Section 6.9 of the Local Government Act RESOLVES to:

1. ENDORSE leasing (in addition to purchasing) as a suitable, approved option for the establishment of the Mullewa Community Farm;

2. RETAIN all other conditions as per Council resolution CS221; and 3. DELEGATE authority to the CEO to finalise the legal funding

agreement for the transfer of remaining funds from the Mullewa Community Trust to the Mullewa Community Group Inc. as per the above.

PROPONENT: The proponent is the Mullewa Community Trust Committee BACKGROUND: At the Ordinary Meeting of Council on the 25 August 2015 Council approved a resolution for the transfer of remaining funds of the Mullewa Community Trust, to the Mullewa Community Group Inc. for the purpose of establishing a community farm.

That Council by Absolute Majority pursuant to Section 6.9 of the Local Government Act RESOLVES to: 1. AUTHORISE the CEO to negotiate a formal agreement with the

Mullewa Community Group Inc. for the establishment of a community farm, based on the following principles: a. Governance of the Mullewa Community Group Inc. to be in

accordance with the group’s Rules of Association, and the Associations Incorporation Act 1987.

b. Profits from the community farm be returned to the community in the form of an annual community grant round.


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c. A reserve of $50,000 be held at all times.

d. Should the venture fail, the asset (or proceeds of sale of the asset) should be returned to the City of Greater Geraldton for disbursement to the Mullewa Community in a manner consistent with the original agreement with Mount Gibson mining and the then Mullewa Shire Council.

e. A Council nominated representative (and proxy) be allocated a place on the Mullewa Community Trust Committee (as a sub-committee of the Mullewa Community Group Inc.)

2. APPROVE a transfer from Mullewa Community Reserve 190 up to the current balance of $556,390 and AUTHORISE any reasonable expenditure to the Mullewa Community Group Inc. for the purpose of procuring and establishing a community farm.

3. APPOINT the following Councillors to the new Mullewa Community Trust Committee (established as a sub-committee of the Mullewa Community Group Inc.). a. Councillor T Thomas;

b. Councillor J Critch; and

c. Councillor S Douglas (proxy). It was originally intended that the Mullewa Community Group Inc. would utilise these funds to purchase a farm however, the Mullewa Community Group Inc. has since identified a suitable farm which is available for lease. The Mullewa Community Group Inc. is considering a draft lease for this farm instead of purchasing a farm. This agenda item seeks Council endorsement that the leasing of land for a community farm, be approved as a suitable option, as was the original guidance of purchasing land. Since the 25 August meeting, the Mullewa Community Group has conducted an extensive search for land suitable to purchase for a Community Farm, however the only suitably located land available presently, is offered under lease. The Mullewa Community Group Inc. has received and reviewed a draft lease agreement, which would govern the provision of this land, subject to Council approval of this procurement method. A legal agreement has also been drafted by City solicitors, between the City and the Mullewa Community Group Inc. to formalise the conditions resolved by Council on 25 August 2015. This agreement is presently with the Mullewa Community Group Inc. for consultation. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: Since the cessation of Mount Gibson Iron’s mining activities at Tallering Peak, the community is aware that the Mullewa Community Trust in its present state, would have depleted its balance with any future funding rounds. Council agreed to the original proposal, which would see an investment in farming in


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the Mullewa area with the farm’s profits being reinvested into the community. Approving a farm to be leased will still achieve this economic intent. Social: Many of the community groups and associations currently funded by the Mullewa Community Trust’s annual grant rounds contribute to the social enrichment of the community, and this will continue with a leased or purchased community farm. Environmental: Noting that the potential lease site is already established as a farm including fencing and firebreaks, should leasing be agreed to, there will be a nil environmental impact. Cultural & Heritage: Many of the community groups currently funded via Mullewa Community Trust grant rounds actively contribute to the cultural and heritage enrichment of the community. Approving this option of leasing for the community farm will still enable the support and some funding longevity for these groups. RELEVANT PRECEDENTS: There are no relevant precedents. COMMUNITY/COUNCILLOR CONSULTATION: Consultation has been undertaken with the Mullewa Community Group Inc., Mullewa ward Councillors, CEO and Director, Community Services. Consulted parties indicated support for leasing to be an approved option, excluding Mullewa ward Councillors, whom noted impartiality interests, but agreed this option should be presented to Council. LEGISLATIVE/POLICY IMPLICATIONS: The overall intent of the Mullewa Community Farm remains the same – of providing profits from the farm to the Mullewa community in the form of an annual grant funding round, thereby providing longevity to the original Mullewa Community Trust, determined between the Mullewa Shire Council and Mount Gibson Iron Ltd, of September 2004. FINANCIAL AND RESOURCE IMPLICATIONS: It is noteworthy that the leasing of land for a Mullewa Community Farm may present the Mullewa Community Group Inc. with less risk in the event of a significant or enduring adverse climate event such as drought. The leasing of land would also require less upfront capital expenditure than land purchase, and the potential lease site has an arable, productive history which would see profits received from farming far exceed the costs of the proposed lease.


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Title: Social Community Health and Safety

Strategy 3.5.4 Supporting volunteering to ensure suitable levels of participation

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT Should Council not agree to leasing as a suitable option for the establishment of a Mullewa Community Farm, the Mullewa Community Group Inc. will be forced to purchase land to establish the farm, of which no suitable sized land is currently available within an appropriate proximity from Mullewa, and the volunteers whom will manage the farm. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The following options were considered by City Officers: The option of purchasing land for the establishment of a Mullewa Community Farm remains an approved option, and available for the Mullewa Community Group Inc. to consider, should leasing not prevail as a preferred option.


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CS235 RELINQUISHING APPROVED PROVIDER STATUS & CESSATION OF CITY PROVISION OF BRIGHT STARS FAMILY DAY CARE SERVICE

AGENDA REFERENCE: D-16-07854 AUTHOR: A Selvey, Director Community Services EXECUTIVE: A Selvey, Director Community Services DATE OF REPORT: 16 February 2016 FILE REFERENCE: GO/6/0015-05 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x4)

EXECUTIVE SUMMARY: This report seeks a Council decision on a proposal from the Geraldton Regional Community Education Centre (GRCEC) and Ngala in regards to the provision of Family Day Care Service in the Greater Geraldton area. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Section 3.58 of the Local Government Act RESOLVES to:

1. AGREE to relinquish Approved Provider status and not re-enter the Family Day Care environment for at least three years;

2. AUTHORISE the CEO to negotiate a formal agreement with Ngala for the transfer of ownership of the Bright Stars Family Day Care Service (BSFDCS) materials and equipment at no cost to Ngala;

3. LEASE portion of Reserve 32569 being Lot 11149 Paringa Street, Mount Tarcoola, Reserve 25343 being Lot 1717 &1511 Whitfield Street, Beachlands and portion of Reserve 31364 being Lot 3055 Eighth Street to Ngala;

4. SET the conditions for each lease as follows: a. Enter into a five (5) year lease agreement with one further term

option of five (5) years; b. Commence the lease fee at $1.00 per annum including GST; c. Written consent from the Minister for Lands;

5. THE lessee will be responsible for: a. All maintenance to the buildings and grounds with the exception

of structural building maintenance; b. Any improvements to the facilities provided that all relevant

Building and/or Town Planning approvals are granted; c. Separately paying all applicable rates, taxes and utilities; and d. All legal and administrative expenses associated with the

preparation, execution and registration of the leases. PROPONENT: The proponent is the City of Greater Geraldton.


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BACKGROUND: The Geraldton Family Day Scheme was established in 1978. The Town of Geraldton took on sponsorship of the service after receiving a recurrent grant to cover the cost of running the service. Fee Assistance at this time was only offered to not for profit organisations such as Local Government and community organisations. By the ‘90s this fee assistance was extended to child care centres across Australia. This resulted in a major increase in the number of child care centres being established. The Commonwealth in the ‘90s, via the New Growth Strategy, provided funds to Local Governments and community organisations so as to increase the number of work-related child care places available across Australia. By the mid ‘90s further financial assistance was made available for families through the establishment of the Child Care Rebate for working families. The funding provided by the Commonwealth to family day care services was to support educators to provide high quality, flexible home-based education and care. In the early 2000s most Local Government were still involved in setting up and running Family Day Care services across Australia. In recent years there has been a strong shift to the not–for-profit and the private sector operating Family Day Care services. In WA there are only three Local Government (Geraldton, Kwinana and Cockburn) currently operating Family Day Care services but there has been unprecedented growth in NGO and private sector managed Family Day Care Services. This growth in the number of Family Day Care services across Australia and in Geraldton has had a significant impact on the financial viability of BSFDCS. Family Day Care is based on a business model similar to a franchise model. In order to be viable it must maintain a sustainable number of educators and families to support the running costs. In addition to the growth of Family Day Care services mentioned above, there have been a number of changes to the Commonwealth Funding Model and Child Care Regulations in recent years which have had a financial impact on the service (see attachment A). In 2014 the Department of Education (former funding department) announced a review of all funding to Family Day Care Services. Existing funding agreements under the Community Support Program (CSP) finished on the 30 June 2014. All Family Day Care services were required to reapply for this funding under new eligibility criteria. Bright Stars Family Day Care Service (BSFDCS) was successful in obtaining this funding for 2015-2016. Funding has to be applied for on an annual basis which requires that BSFDCS demonstrates that it continues to meet the eligibility requirements. Following the announcement of CSP funding in July 2015, the 2015/16 budget for BSFDCS has been amended based on:

the most current information;


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advice about the recently (when) announced new CSP rate in July 2015;

market research into newly announced fees being charged by competitors in 2015/16;

depreciation cost for Paringa Street Building; and

review of usage figures of the service. The 2015/16 budget for BSFDCS is $91,421. The recalculated net operating cost for the City in 2015/16 financial year for BSFDCS is estimated to be $111,600. However, Family Day Care, like all other businesses, is subject to market forces and the budget cannot be predicted with 100% accuracy. As part of the review of the range and level of services, the option of outsourcing the BSFDCS to a local community group was being explored. The Geraldton Regional Community Education Centre (GRCEC) was identified as the most suitable local organisation to deliver this service (see below for reasons). The City’s discussions with GRCEC coincided with their negotiations to form a partnership with Ngala and have led to a proposal whereby the City relinquishes its Approved Provider status to allow GRCEC / Ngala to become the direct provider. GRCEC has been operating for over 40 years in Geraldton. GRCEC’s vision is for strong communities and families where children and young people are valued and connected and realise a future full of possibility. To achieve this, GRCEC works to build connections between people including other non-government agencies, government, business and the wider community. GRCEC has had experience in being an Approved Provider for an outside/after school hours child care service (OSCCA). GRCEC ran OSCCA for over 35 years from the centre in Ramshaw Place, off Gregory Street, before its closure in June 2015. As a result the purpose built OSCCA building is available and highly suitable for a children’s service such as Family Day Care. It would meet the needs of the BSFDCS for both administration and educator support and is based in a very central location. GRCEC runs a wide range of quality services to the community through their experienced staff who are well qualified in human services. There are a number of GRCEC services that complement the work that is done by the BSFDCS. GRCEC manages the Child and Parent Centre (CPC) in partnership with Rangeway Primary School. The BSFDCS Manager is a member of the CPC Local Advisory Committee. The CPC is a facility that supports numerous families to access health and early learning services. Further to this the GRCEC has many synergies with BSFDCS as the Manager, GRCEC’s Director and staff are also involved in many other groups such as the Midwest Early Years Network and Midwest Family Support Network which BSFDCS is directly involved with. GRCEC’s Director previously served on the BSFDC committee and GRCEC staff have provided training and support to BSFDC educators.


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Recently GRCEC completed the Gascoyne Children’s Services Plan, developed through the Regional Community Child Care Development Fund. BSFDC covers the Gascoyne region and currently has a service in Shark Bay. A key finding was that Carnarvon has limited options for child care with the only education and care service having a significant wait list. A recommendation was to raise the profile of Family Day Care, promoting it as a home based business enterprise and/or potentially in-venue care with the aim of meeting the demand for additional services. It is anticipated GRCEC, through the implementation of this Plan and through synergies with the CPC, will be able to assist in making BSFDC a more sustainable model that meets the needs of the wider community. In the non-government sector there has been an increasing focus on working in partnership with other organisations to improve efficiencies and enable services to better fulfil their mission. In a tight fiscal environment funding bodies such as state and federal governments have strongly promoted the need for increased partnering, including mergers, to avoid service duplication and become more efficient. With this in mind GRCEC has spent several months considering options and the result is that GRCEC and Ngala are progressing towards a merger, with both organisations committed to achieving this (subject to completion of due diligence process) within the next few months. This merger will further enhance the services to be provided through BSFDC and contribute substantially to ongoing sustainability. Ngala has operated in Western Australia for 125 years, providing Parenting and Early Childhood services. They have a passion for supporting and guiding families and young children through the journey of parenting. This has included a long term commitment to providing quality child care services. The organisation is highly regarded across the state and has considerable influence and reach. Having worked with Ngala for several years, GRCEC is excited about the increased opportunities this partnership will bring to Geraldton. For example they are investigating opportunities to provide three year old programs, aligned with the Family Day Care service. GRCEC/Ngala can leverage economies of scale in delivering the service. GRCEC and Ngala administration sections have the capacity to support the administration of the BSFDCS which would reduce the overall cost of running the service. Since both organisations deliver programs outside Geraldton, including in the Gascoyne region and in Perth there are potential cost savings in regards to travel, promotional activities and provision of support to educators. The Director of Community Services has been in negotiations with the GRCEC Director and CEO of Ngala with the clear understanding that any proposal was subject to a decision of Council. Based on these negotiations Ngala has submitted a proposal whereby it is intended that GRCEC and Ngala (as a merged identity) would assume Approved Provider status and complete responsibility for the delivery of the BSFDCS. However as the


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GRCEC/Ngala merger has not yet been finalised, the intent is for Ngala to assume the lead in progressing with securing Approved Provider status and assuming responsibility for Bright Stars (see attachment B). The proposal is based on the following conditions:

The proposed merger between GRCEC and Ngala takes place.

Ngala conducts the necessary financial and legal due diligence of Bright Stars FDC.

Ngala applies for and is granted the approved provider status for Bright Stars FDC.

The City cease employment of all Bright Stars FDC staff and pay out all leave and allowances owed.

Ngala will invite current staff to apply for relevant positions.

Ngala does not take on current Bright Stars staff, and will advertise all vacant positions.

The City agrees to no longer be a provider in the FDC environment for at least 3 years.

The following furniture, plant and equipment be transferred to Ngala Bright Stars at no cost to GRCEC/Ngala:

o Hyundai i30; o 4 x DELL computers and Flatron screens; o 1 x DELL Laptop; o Photocopier ID 142159 serial #E154M150656 until the currently

leased and expires 31/05/2019; o Kitchen supplies and furniture; o General office furniture, supplies and equipment as currently being

utilised for the provision of BSFDCS; o All toys, children’s equipment (including playground equipment)

and other supplies (books, craft etc.) being utilised for the provision of the BSFDCS; and

o All Bright Stars Family Day Care Service marketing IP.

Continued use (rent free) of the 3 current ‘in venue’ sites. GRCEC/Ngala Bright Stars will pay repairs and maintenance, utilities, insurance and other costs associated with building upkeep.

Continued use (rent free) of the Mt Tarcoola building (currently the BSFDCS administration building).

All furniture, plant, equipment currently utilised in all 4 buildings. These include but not limited to:

o Kitchen furniture and supplies; o General office furniture, equipment and supplies including desks,

chairs, cupboards etc.; o All toys, children’s equipment (including playground equipment)

and other supplies (books, craft etc.); and o Projectors, screens, whiteboards, binders, label makers etc.


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See attachment C for a costed list of items proposed to transfer. Since receiving this proposal the City has been in further negotiations with Ngala and both organisations have come to an agreement that the photocopier will be excluded from the list of items proposed to be transferred to Ngala as it is leased and would have to be returned to the vendor when the lease expires. In addition as part of the financial due diligence Ngala would also be expecting any cash amount representing the balance of fees paid, funds received etc. The three venues requested in this proposal are all located on Crown Reserves vested in the City for Kindergarten/pre-primary purposes. Each facility has the power to lease with Ministerial Consent however they cannot be used for any other purpose other than stated in the management order. The use proposed by GRCEC/Ngala (Family Day Care) is consistent with that purpose. The inability to lease these premises to independent day care businesses was highlighted in the recent past when the City called for expressions of interest to lease the Eighth Street facility (formerly Allendale Pre-primary School) after it became vacant. No genuine interest was received resulting in Family Day Care utilising the building. Should these buildings become vacant, it is highly likely they would become derelict and cause problems for the City. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: In the Australian Local Government Association Submission to the Productivity Commission Childcare Inquiry in 2014 it stated that “childcare of a nationally acceptable minimum standard should be available to all parents at a reasonable price, with a range of options available to suit parents’ needs.” Family day care is the only form of approved child care available in Geraldton that offers non-standard hours of childcare which includes evening and weekends. This helps to meet the needs of shift workers and others who work non-standard hours in the community. The growing consensus on the positive value of investment in the early years follows substantial economic studies of cost and benefits on a number of high quality programs. High quality early childhood programs, that have been rigorously evaluated for their preventive effects and their long-term benefits to individuals and society, provide the strongest evidence regarding the characteristics of effective early childhood interventions. Research indicates that policy makers can achieve greater return on investments in early childhood education for children from families with low incomes and limited parent education than from remedial programs for adults with limited workforce skills.


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Since family day care was established in Geraldton only the Council run family day care service has been based in Geraldton. In recent years private operators have supported a handful of family day care educators in Geraldton but their core business is based in other regions in the state. Having the service based in Geraldton ensures that educators and families can have face to face support as required.

As BSFDCS is an Approved Childcare Service the Commonwealth injects in approximately $900,000 in income into the community by way of Child Care Subsidies and Operational Subsidies. Employment opportunities are provided to local/regional educators and supports workforce participation, particularly for women.

Under this proposal these economic outcomes will continue to be realised with BSFDCS continuing to operate in our Community with GRCEC/Ngala as the Approved Provider

Social: Recent research and understanding of brain development in the early years confirms the expectation that quality early childhood programs promote and strengthen the capacity of families to care for children and prevent the associated long term issues of learning, behavioural and emotional problems in later stages of life. The AEDC (formally known as the Australian Early Development Index – AEDI) provides a snapshot of early childhood development across Australia. It is a population measure of children’s development across five domains (physical health and wellbeing, social competence, emotional maturity, language and cognitive skills, communication skills and general knowledge) as they enter school at five years of age. The AEDC results allow communities to see how local children are doing relative to, or compared to other children in their community or across Australia. Overall in Geraldton there are 36.2% of children developmentally vulnerable on one or more domain/s Of the AEDC and 23.1 % developmentally vulnerable in two or more domains (see attachment D). Family day care provides another child care choice for families who want a quality care and learning environment for their child/ren but may prefer small group care where children can be provided with individual attention and siblings can be cared for together. Additionally family day care is a flexible form of child care which includes pick up and drop off services to assist with greater opportunities to access childcare for some families. GRCEC/Ngala are acutely aware of the importance of the AEDC data, the implications of that data for our community and the social value of high quality child care in addressing the deficiencies highlighted via AEDC. Their business philosophy is strongly aligned with these social priorities and will ensure social outcomes are given due attention.


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Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: There are no relevant precedents. COMMUNITY/COUNCILLOR CONSULTATION: Discussions regarding the current cost of BSFDCS and options for reducing those costs have been held with Council as part of the 2015/16 budget process. The Director of Community Services and Manager Family and Children’s Services have held confidential discussions with the Director of GRCEC and CEO of Ngala. These discussions have been confidential as they have human resource implications. In addition these discussions could create instability for the BSFDCS business, resulting in Educators (who contract to the City) feeling vulnerable and choosing to leave BSFDCS, which would have a negative financial and reputational impact on the business. LEGISLATIVE/POLICY IMPLICATIONS: Family Day Care is a tightly regulated industry and governed under the National Education and Care Services Regulations 2012 and National Education and Care Service Law (WA) Act 2012 regulations. Should Council endorse the Executive Recommendation, the City would no longer have any responsibility under these regulations. However, for Council’s reassurance it is worth noting that GRCEC/Ngala are aware of the responsibility for compliance with these regulations and have experience and capacity to ensure compliance. Section 3.58 of the Local government Act 1995 details the process for “disposing” (in this case leasing) of property. Regulation 30 of the Local Government Functions and General Regulations describes dispositions of property excluded from Section 3.58 of the Local Government Act 1995 for objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting and other like nature. FINANCIAL AND RESOURCE IMPLICATIONS: The proposal will save the City approximately $110,000 per annum in operational funding. Transfer of ownership the equipment as listed in the body of this report will cost the City $25,000 as a once-off contribution; noting that the following items were secured via grants and conditions of the grants are that items should be gifted to a similar agency should the applicant agency no longer be able to use them for the purpose of the grant – i.e. Childcare.


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Leasing the three facilities to GRCEC/Ngala provides an opportunity to have these buildings tenanted and, the tenants would ensure the upkeep and maintenance of the buildings thus saving the City from incurring these costs. INTEGRATED PLANNING LINKS:

Title: Social Family and Children

Strategy 3.3.1

Providing accessible childcare services to accommodate the growing needs of our community.

REGIONAL OUTCOMES: BSFDCS provides a service to the Mid West Region and to the Pilbara Region. In the many smaller communities throughout these two regions, Family Day Care is the only viable child care option. The presence of child care is an enabler for economic outcomes (see above, Economic Impacts) and delivers strong social outcomes. The proposal from GRCEC/Ngala will ensure these social and economic outcomes will continue to be realised in our regional community. RISK MANAGEMENT Should Council adopt the Executive Recommendation, the City would no longer have any influence on the availability, quality or cost of Family Day Care. However, given the long standing reputation of both GRCEC and Ngala it is unlikely the service standard would deteriorate. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The following options were considered by City Officers: Council could continue to directly deliver the Family Day Care Service at a cost of $100,000 to $150,000 per annum. However, under the current proposal the service will be assumed by GRCEC/Ngala without any impact or reduction of service to our community. Therefore this option is not supported. Council could choose to cease operating BSFDCS and not support GRCEC/Ngala in assuming the service. This option is not supported as the social and economic outcomes from a viable and well managed Family Day Care service run from an agency in our community, as articulated in this report, could be at risk.


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13 REPORTS OF CORPORATE AND COMMERCIAL SERVICES

CCS158 MID YEAR BUDGET REVIEW 2015-16

AGENDA REFERENCE: D-16-07630 AUTHOR: P Radalj, Manager Finance & Treasury EXECUTIVE: B Davis, Director Corporate and

Commercial Services DATE OF REPORT: 6 February 2016 FILE REFERENCE: GO/6/0012-04 APPLICANT / PROPONENT: The City of Greater Geraldton ATTACHMENTS: Yes (x1)

EXECUTIVE SUMMARY: For compliance purposes, the attached financial statements include the budget figures as per the budget adopted by Council 2nd July 2015. The mid–year review figures (effectively presenting a proposed revised budget) incorporate all budget amendments already authorised by Council post budget adoption, up to the period of the budget review. Councillors should note the amendments to the budget adopted by absolute majority of Council at its meeting of 25 August 2015 (Agenda reference CCS129). The following provides a summary of the significant movements from the

current budget after completion of the Mid-Year Review.

Operating deficit from ordinary activities has decreased by $255,014.

End of Year forecast unrestricted cash position has been decreased by

$2,108,898

EXECUTIVE RECOMMENDATION; That Council by Absolute Majority by virtue of Part 6, Division 4, s6.8 of the Local Government Act 1995 RESOLVES to:

1. APPROVE the proposed budget amendments as detailed by

nature and type in the attachments as Mid-Year Review Budget and AUTHORISE any unauthorised expenditure contained within the proposed amendments.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The proposed attached budget amendments have been identified under the following criteria:

a) Provide resources to complete and/or undertake high or newly identified priority projects and activities;


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b) Identify incorrect postings to accounts; c) Account for deferred or cancelled budget items; d) Review allocations against current and projected figures and

profiles; and e) Review and correct any coding errors for income and expenditure

nature and type.

Statement of Financial Activity (see attached financial statements):

Operating Income: Total operating income forecast for this financial year has been increased by $594,705 in relation to the original budget adopted by Council 1st July 2015. The more significant movements include:

Airport generated income reduced by $318,000 due to economic

downturn and reduction in schedule flights.

QPT income reduced by $142,000 due to six month closure.

Building & Development assessment reduced by $70,000 again

influenced by economic downturn.

Meru income increased by $167,000 based on current actuals and

“one-off” revenue generated from Chevron contract for contaminated

soils.

$840,247 transfer from trust to municipal funds for acquisition of

Federation Park POS.

Operating Expenditure: Total operating expenditure forecast for this financial year has been increased by $369,691. The significant movements include:

QPT operating costs reduced by $112,000 due to six month closure.

Reduction in utility costs $82,000 that is mainly due to change in

voice/landline software.

Additional budget allocation of $86,000 to complete Point Moore

Environmental Study & Coastal Processes & Inundation Study Town

Beach to Drummond Cove.

Depreciation adjustment ($450,000 increase) to reflect current actuals

as a result of EOY 2014-15.

Capital Revenue (Includes Reserves): The budget allocation associated with this revenue stream has been decreased by $1.12m based mainly on the following:

$2,726,056 reduction in forecast revenue from land & property sales

due to current market conditions.

$300,000 reduction in debt financing due to deferment of CRRC

design.


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Additional and unbudgeted capital funding of $145,000 for the West

End Project.

Additional $70,000 funding from Main Roads for roadworks on

Carnarvon Mullewa Rd.

$1.62m increase to transfers from Reserves based on amendments to

the budget adopted by absolute majority of Council at its meeting of 25

August 2015 (Agenda reference CCS129) that related to unspent

grants tied to EOY 2014-15 Projects carryovers.

Capital Expenditure (Include Reserves): The overall increase in capital expenditure of $2.74m (excluding debt principal repayments) is impacted mainly by the following movements:

$1.39m increase adjustment based on amendments to the budget

adopted by absolute majority of Council at its meeting of 25 August

2015 (Agenda reference CCS129) that incorporated EOY 2014-15

carryovers.

Council approved $840,247 acquisition of Federation Park POS

(Agenda reference DRS227 – 22/9/2015)

As per movement identified under Capital Revenue reduction of

$300,000 relating to CRRC design.

As per movement identified under Capital Revenue an additional

allocation of $105,000 allocation to Carnarvon-Mullewa roadworks

(includes CGG required contribution 1/3 - $35,000).

New allocation of $100,000 to security screen Civic Centre.

New allocation $130,000 for Chemical Dump Point.

Additional allocation of $300,000 for the Abraham St Roundabout.

Additional allocation of $60,000 for clean-up of the Mullewa Landfill

(compliance requirements).

ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts.


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RELEVANT PRECEDENTS: A mid-year budget review is a mandatory regulatory requirement. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 6.8 of the Local Government Act 1995 requires any expenditure not included in the annual budget to be authorised by Absolute Majority. Local Government (Financial Management Regulations) 1996 regulation 33A requires that Council between 1 January and 31 March in each financial year, carry out a review of its annual budget for that year. FINANCIAL AND RESOURCE IMPLICATIONS: The City’s original budget forecast the following in relation to the financial position at Year End:

1. Operating deficit from ordinary activities of $7.65m. Revised budget position has reduced the deficit to $7.42m.

2. Opening unrestricted cash position of $3.88m. After completion of 2014-15 Financial Statements the actual opening unrestricted cash position came in at $4.52m. Due to a downgrade in the City’s cash position $2.74m (mainly due to reduction in forecast revenue from land & property sales), the City’s end of year unrestricted cash position is now expected to be $2.1m lower than originally estimated.



Strategy 5.2.7

Ensuring efficient and effective delivery of service.

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT Associated risk would be a failure to comply with relevant Financial Management Regulations requiring local governments to review their annual budget. ALTERNATIVE OPTIONS CONSIDERED Alternative options for adjustments to budget forecasts were considered by Directors and Managers, within every function. Proposed increase adjustments to particular expenditures were offset to the extent practicable by reducing expenditure allocations elsewhere in the budget.


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CCS159 MONTHLY MANAGEMENT REPORT TO 31 JANUARY 2016

AGENDA REFERENCE: D-16-07598 AUTHOR: M Jones, Financial Business Planner EXECUTIVE: B Davis, Director Corporate and

Commercial Services DATE OF REPORT: 8 February 2016 FILE REFERENCE: FM/17/0001 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x1)

EXECUTIVE SUMMARY: The attached financial reports provide a comprehensive report on the City’s finances to 31st January 2016. The statements include no matters of variance considered to be of concern. EXECUTIVE RECOMMENDATION; That Council by Simple Majority pursuant to Regulation 34 of the Local Government (Financial Management) Regulations 1996 RESOLVES to:

1. RECEIVE the January 2016 monthly financial activity statements as attached.

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: The financial position at the end of January is detailed in the attached report and summarised as follows relative to year-to-date budget expectations: Operating Income $101,656 0.2% Positive Variance Operating Expenditure $60,459 -0.1% Negative Variance Net Operating $41,197 Capital Expenditure $166,172 0.5% Positive Variance Capital Revenue $643,520 34.1% Positive Variance Cash at Bank – Municipal $11,310,596 Cash at Bank – Reserve $16,878,544 Total Funds Invested $23,037,206 Net Rates Collected 86.13%

The attached report provides explanatory notes for items greater than 10% or $50,000. This commentary provides Council with an overall understanding of how the finances are progressing in relation to the adopted budget.


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The financial position represented in the January financials shows a positive variance of $44,197 in the net operating result. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: There are no economic impacts. Social: There are no social impacts. Environmental: There are no environmental impacts. Cultural & Heritage: There are no cultural or heritage impacts. RELEVANT PRECEDENTS: Council is provided with financial reports each month. COMMUNITY/COUNCILLOR CONSULTATION: There has been no community/councillor consultation. LEGISLATIVE/POLICY IMPLICATIONS: Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 require that as a minimum Council is to receive a Statement of Financial Activity. FINANCIAL AND RESOURCE IMPLICATIONS: Any issues in relation to expenditure and revenue allocations or variance trends are identified and addressed each month. INTEGRATED PLANNING LINKS:


Strategy 5.2.7 Ensuring efficient and effective delivery of service

REGIONAL OUTCOMES: There are no impacts to regional outcomes. RISK MANAGEMENT There are no risks to be considered. ALTERNATIVE OPTIONS CONSIDERED There are no alternative options to consider.


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14 REPORTS OF INFRASTRUCTURE SERVICES

IS115 RFT 09 1516 FRANCIS STREET FINGER JETTY – DEMOLITION AND CONSTRUCTION

AGENDA REFERENCE: D-16-07646 AUTHOR: M Dufour, Coastal Infrastructure Planning

Officer EXECUTIVE: R McKim, Director Infrastructure Services DATE OF REPORT: 2 February 2016 FILE REFERENCE: PM/4/0017 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes (x1 Confidential)

EXECUTIVE SUMMARY: The purpose of this report is to seek Council approval to award RFT 09 1516 Francis Street Finger Jetty replacement to the preferred tenderer. EXECUTIVE RECOMMENDATION: That Council by Simple Majority pursuant to Section 5.20 of the Local Government Act RESOLVES to:

1. AWARD the contract for RFT 09 1516 Francis Street Finger Jetty

Replacement – Demolition and Replacement to the preferred tenderer; and

2. RECORD the tender amount for RFT 09 1516 Francis Street Finger Jetty Replacement – Demolition and Replacement in the minutes

PROPONENT: The proponent is the City of Greater Geraldton. BACKGROUND: A study of the St Georges Beach and Town Beach (Francis Street) Boat Ramps was completed in July 2013. The study identified that the finger jetty at the Francis Street Boat Ramp was in need of replacement. The City submitted a grant application to the Recreational Boating Facilities Scheme in February 2015 to fund seventy-five (75) percent of the replacement cost of the finger jetty. The City was awarded grant funding of $363,000 in July 2015. The total project cost was estimated to be $484,000. Subsequently, a competitive Request for Quote (RFQ) process was undertaken for the detailed design of the replacement finger jetty. The resulting design was approved by the Department of Transport who administer the Recreational Boating Facilities funding scheme. A competitive Request for Tender process was then commenced for the construction of the replacement jetty.


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The tender was advertised in the West Australian on 21 November 2015 and on the WALGA TenderLink e-Tendering Portal with a closing date of 22 December 2015. Six (6) submissions were received. No local contractors tendered for the work. The new jetty will be approximately 39m long and 1.3m wide. The main elements of this construction tender include:

Demolition of the existing jetty

Construction of a new concrete abutment

Piling and steel work

Installation of decking, ladders, chafers, fenders and navigation lighting.

It is anticipated that the boat ramp will be closed for approximately ten (10) weeks while construction works are completed. ECONOMIC, SOCIAL, ENVIRONMENTAL & CULTURAL ISSUES: Economic: Seventy-five (75) percent of the funding is from the Recreational Boating Facilities Scheme. The tender prices are within the allocated total project budget. Social: The replacement finger jetty will provide improved access to current users of the Francis Street Boat Ramp, and enhance access by restricted mobility users through the widening of the finger jetty deck and providing a stepped deck configuration allowing easier disembarkation from recreational watercraft. Environmental: The successful contractor will be required to provide an environmental management plan to manage any short-term environmental impacts encountered during construction. Cultural & Heritage: The existing jetty timbers will be recycled and reused in the replacement jetty as chafers. RELEVANT PRECEDENTS: There are no relevant precedents. COMMUNITY/COUNCILLOR CONSULTATION: The Department of Environmental Regulation has been consulted during the design process for the replacement finger jetty. The Department of Transport approved the detailed design and specification. Mid West Ports Authority has been consulted to ensure that the replacement finger jetty infrastructure does


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not impact Port activities. Community consultation was undertaken as part of the earlier boat ramp study which identified the need for the replacement of the finger jetty. Boat ramp users will be informed of the construction works which will necessitate closing the boat ramp for approximately ten (10) weeks. Construction works will be aligned with the Multi-User Facility project to minimise disruption. LEGISLATIVE/POLICY IMPLICATIONS: The grant funding agreement requires that the City hold a jetty licence in accordance with the Jetties Act 1926. Licence approval has been received (Jetty licence No. 4956). FINANCIAL AND RESOURCE IMPLICATIONS: The replacement finger jetty should reduce long-term maintenance costs due to the specification of longer-lasting high quality materials. Short-term maintenance costs will be reduced significantly since the jetty components requiring high maintenance requirements will be demolished and replaced. INTEGRATED PLANNING LINKS:

Title: Environment Sustainability

Strategy 2.3.1 Researching, promoting and providing sustainable infrastructure, services, utilities, and renewable energy schemes

Title: Social Community Health and Safety.

Strategy 3.5.1 Creating a city that supports family living, the Aboriginal and Torres Strait Islander communities, multicultural groups, people with disabilities, young people and seniors.

REGIONAL OUTCOMES: This project will result in a modern compliant recreational boat ramp that is available for use by locals and regional visitors. RISK MANAGEMENT This replacement project addresses the major risk (asset failure) of the existing structure. The use of Fibre Reinforced Plastic (FRP) deck grating in the replacement jetty reduces the slip hazard associated with existing wooden decking. The wider deck of the replacement finger jetty reduces the likelihood of a fall hazard associated with the narrow existing deck. The stepped deck of the replacement finger jetty reduces the likelihood of a fall hazard associated with disembarkation from recreational watercraft. The use of rubber fenders on the replacement finger jetty reduces the likelihood damage to watercraft. ALTERNATIVE OPTIONS CONSIDERED BY CITY OFFICERS The following options were considered by City Officers:


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1. Floating jetty system specification. The wave climate at this location is not conducive to a floating jetty system due to impacts on maintenance costs (higher) and structural integrity (shorter life span).

2. Static, non-stepped deck system. A non-stepped system would not offer the enhanced access for mobility-restricted recreational watercraft users.

The construction of a static, stepped-deck system offers an improved service to current recreational watercraft users and enhanced access for mobility-restricted recreational watercraft users.


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15 REPORTS OF OFFICE OF THE CEO Nil.


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16 REPORTS TO BE RECEIVED

REPORTS TO BE RECEIVED

AGENDA REFERENCE: D-16-07819 AUTHOR: K Diehm, Chief Executive Officer EXECUTIVE: K Diehm, Chief Executive Officer DATE OF REPORT: 9 February 2016 FILE REFERENCE: GO/6/0012-04 APPLICANT / PROPONENT: City of Greater Geraldton ATTACHMENTS: Yes

EXECUTIVE SUMMARY: To receive the Reports of the City of Greater Geraldton. EXECUTIVE RECOMMENDATION: PART A That Council by Simple Majority pursuant to Section 5.22 of the Local Government Act 1995 RESOLVES to

1. RECEIVE the following appended reports: a. Reports – Development & Regulatory Services:

i. DRSDD107 – Delegated Determination and Subdivision Applications.

PART B That Council by Simple Majority, pursuant to Sections 5.13 and 34 of the Local Government (Financial Management) Regulations 1996 RESOLVES to:

1. RECEIVE the following appended reports: a. Reports – Corporate and Commercial Services:

i. CCS160 – Corporate Business Plan Second Quarter Report; and

ii. CCS161 – Confidential - List of Accounts Paid Under Delegation – January 2016

PROPONENT: The proponent is the City of Greater Geraldton BACKGROUND: Information and items for noting or receiving (i.e. periodic reports, minutes of other meetings) are to be included in an appendix attached to the Council agenda. Any reports received under this Agenda are considered received only. Any recommendations or proposals contained within the “Reports (including Minutes) to be Received” are not approved or endorsed by Council in any way. Any outcomes or recommendations requiring Council approval must be


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presented separately to Council as a Report for consideration at an Ordinary Meeting of Council. COMMUNITY/COUNCILLOR CONSULTATION: Not applicable. LEGISLATIVE/POLICY IMPLICATIONS: Not applicable.


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17 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

18 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

19 URGENT BUSINESS APPROVED BY PRESIDING MEMBER OR BY DECISION OF THE MEETING

20 CLOSURE


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APPENDIX 1 – ATTACHMENTS AND REPORTS TO BE RECEIVED Attachments and Reports to be Received are available on the City of Greater Geraldton website at: http://www.cgg.wa.gov.au/council-meetings/

http://www.cgg.wa.gov.au/council-meetings/

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