ordinary meeting of council - shire of chittering€¦ · having regard for the requirements and...

Ordinary Meeting of Council Wednesday 18 September 2019 Commencing at 7pm Held at the Council Chambers, 6177 Great Northern Highway, Bindoon

Procedure for Public Question Time, Petitions, Deputations and Presentations at Council Meetings

Council thanks you for your participation in Council Meetings and trusts that your input will be beneficial to all parties. Council has a high regard for community input where possible, in its decision making processes.

Petitions A formal Process where members

of the community present a written request to the Council.

Deputations A formal process where members

of the community request permission to address Council or

Committee on an issue.

Presentations An occasion where awards or gifts may be accepted by the Council on

behalf of the community, when the Council makes a presentation

to a worthy recipient or when agencies may present a proposal

that will impact on the Local Government.

Procedures for Deputations The Council allows for members of the public to make a deputation to Council on an issue related to Local Government business. Notice of deputations need to be received by 5pm on the day before the meeting and agreed to by the Presiding Member. Please contact Council Support via telephone on 9576 4606 or email [email protected] to arrange your deputation. Where a deputation has been agreed to, during the meeting the Presiding Member will call upon the relevant person(s) to come forward and address Council. A Deputation invited to attend a Council meeting: (a) is not to exceed five persons, only two of whom may address the Council, although others may respond

to specific questions from Members; (b) is not to address the Council for a period exceeding 10 minutes without the agreement of the Council;

and (c) additional members of the deputation may be allowed to speak with the agreement of the Presiding

Member. Council is unlikely to take any action on the matter discussed during the deputation without first considering an officer’s report on that subject in a later Council agenda. Procedure for Presentations Notice of presentations being accepted by Council on behalf of the community, or agencies presenting a proposal, need to be received by 5pm on the day before the meeting and agreed to by the Presiding Member. Please contact Council Support via telephone on 9576 4606 or email [email protected] to arrange your presentation. Where the Council is making a presentation to a worthy recipient, the recipient will be advised in advance and asked to attend the Council meeting to receive the award. All presentations will be received/awarded by the Shire President or an appropriate Councillor.

mailto:[email protected]

mailto:[email protected]

Procedure for Petitions Please note the following protocol for submissions of petitions. Petitions must:

be addressed to the Shire President.

be made by electors of the district.

state the request on each page of the petition.

contain the names, addresses and signatures of the elector(s) making the request, and the date each elector signed.

contain a summary of the reasons for the request.

state the name and address of the person whom arranged the petition for correspondence to be delivered to, as correspondence is not sent to all the signatures on the petition.

Where a petition does not relate to or conform to the above it may be treated as an 'informal' petition and the Chief Executive Officer may at his discretion forward the petition to Council accompanied by an officer report. Procedure for Public Question Time The Council extends a warm welcome to you in attending any meeting of the Council. Council is committed to involving the public in its decision making processes whenever possible, and the ability to ask questions during ‘Public Question Time’ is of critical importance in pursuing this public participation objective. Council (as required by the Local Government Act 1995) sets aside a period of ‘Public Question Time’ to enable a member of the public to put up to two questions to Council. Questions should only relate to the business of Council and should not be a statement or personal opinion. Upon receipt of a question from a member of the public, the Shire President may either answer the question or direct it to a Councillor or an Officer to answer, or it will be taken on notice. Having regard for the requirements and principles of Council, the following procedures will be applied in accordance with the Shire of Chittering Local Government (Council Meetings) Local Law 2014: 1. Public Questions Time will be limited to 15 minutes. 2. Public Question Time will be conducted at an Ordinary Meeting of Council immediately following

“Responses to Previous Public Questions Taken on Notice”. 3. Each member of the public asking a question will be limited to two minutes to ask their question(s). 4. Questions will be limited to two per person. 5. Please state your name and address, and then ask your question. 6. Questions should be submitted to the Chief Executive Officer in writing by 5pm on the day before the

meeting and be signed by the author. This allows for an informed response to be given at the meeting. 7. Questions that have not been submitted in writing by 5pm on the day before the meeting will be

responded to if they are straightforward. 8. If any question requires further research prior to an answer being given, the Presiding Member will

indicate that the “question will be taken on notice” and a response will be forwarded to the member of the public following the necessary research being undertaken.

9. Where a member of the public provided written questions then the Presiding Member may elect for the questions to be responded to as normal business correspondence.

10. A summary of the question and the answer will be recorded in the minutes of the Council meeting at which the question was asked.

During the meeting, no member of the public may interrupt the meetings proceedings or enter into conversation. Members of the public shall ensure that their mobile telephone and/or audible pager is not switched on or used during any meeting of the Council. Members of the public are hereby advised that use of any electronic, visual or audio recording device or instrument to record proceedings of the Council is not permitted without the permission of the Presiding Member.

TABLE OF CONTENTS

1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS .............................. 5

2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS ................................................................................................................... 5

2.1 Attendance ............................................................................................................................... 5 2.2 Apologies .................................................................................................................................. 5 2.3 Approved leave of absence ...................................................................................................... 5 2.4 Announcements ....................................................................................................................... 5

3. DISCLOSURE OF INTEREST ......................................................................................................... 6

4. PUBLIC QUESTION TIME ........................................................................................................... 7

4.1 Response to previous public questions taken on notice.......................................................... 7 4.1.1 John Curtis, Bindoon ................................................................................................. 7

4.2 Public question time ................................................................................................................. 7

5. PRESENTATIONS / PETITIONS / DEPUTATIONS .......................................................................... 7

5.1 Petitions ................................................................................................................................... 7 5.2 Presentations ........................................................................................................................... 7 5.3 Deputations .............................................................................................................................. 8

6. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................................... 8

7. CONFIRMATION OF MINUTES ................................................................................................... 8

7.1 Ordinary Meeting of Council – 21 August 2019 ....................................................................... 8 7.2 Special Meeting of Council – 28 August 2019 .......................................................................... 8

8. ANNOUNCEMENT FROM THE PRESIDING MEMBER ................................................................... 8

9. REPORTS .................................................................................................................................. 9

9.1 DEVELOPMENT SERVICES ......................................................................................................... 9 9.2 TECHNICAL SERVICES ................................................................................................................ 9 9.3 CORPORATE SERVICES .............................................................................................................. 9

9.3.1 List of Accounts Paid for the period ending 31 August 2019*.................................. 9 9.3.2 Monthly Financial Reports for the Period Ending 31 July 2019* ............................ 11

9.4 CHIEF EXECUTIVE OFFICER ..................................................................................................... 13 9.4.1 Register of Policy Review Timeline* ....................................................................... 13 9.4.2 CSRFF Forward Planning Grant: Muchea Hall Change Room

Redevelopment* ..................................................................................................... 17 9.4.3 Review of Chief Executive Officer Performance Criteria* ...................................... 26 9.4.4 Self-Supporting Loan Agreement between the Shire of Chittering and

Immaculate Heart College* .................................................................................... 29 9.4.5 Lower Chittering Sport and Recreation Facility Reference Group Report .............. 33

10. REPORTS OF COMMITTEES ..................................................................................................... 36

11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................................................... 36

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE ..................................................................... 36

12.1 Responses to questions from Members without notice ........................................................ 36

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING ............ 39

14. MEETING CLOSED TO THE PUBLIC ........................................................................................... 40

15. CLOSURE ................................................................................................................................ 40

* indicates separate attachments

AGENDA FOR ORDINARY MEETING OF COUNCIL

WEDNESDAY 18 SEPTEMBER 2019

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Notice is hereby given that the next Ordinary meeting of the Shire of Chittering will be held on Wednesday 18 September 2019 in the Council Chambers, Bindoon commencing at 7.00pm.

MATTHEW GILFELLON Chief Executive Officer

1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS

The Presiding Member to declare the meeting open.

2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS

2.1 Attendance

2.2 Apologies

2.3 Approved leave of absence

2.4 Announcements

Councillors are to advise of their attendance in their role as the nominated Council delegate to external organisations. Councillors are requested to advise if they have attend external functions in their capacity as an Elected Member. As the Chief Executive Office looks after some (but not all) appointments by the President and deputy President, the Agenda includes only those events. Councillors are requested to provide additional information at the Ordinary Meeting of Council for inclusion in the Minutes. Cr Gordon Houston 28 August – Special Meeting of Council, Bindoon



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Cr Peter Osborn 28 August – Special Meeting of Council, Bindoon 2 September – FACET Astrotourism Workshop, Department of Biodiversity, Conservation and Attraction, Kensington 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon Cr Mary Angus 28 August – Special Meeting of Council, Bindoon 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon Cr Aaron King 28 August – Special Meeting of Council, Bindoon 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon Cr Don Gibson 28 August – Special Meeting of Council, Bindoon 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon Cr Carmel Ross 22 August – Lower Chittering Sport and Recreation Facility Reference Group, Lower Chittering 28 August – Special Meeting of Council, Bindoon 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon 12 September – Lower Chittering Community Complex Information Session, Lower Chittering Cr George Tilbury 22 August – Lower Chittering Sport and Recreation Facility Reference Group, Lower Chittering 28 August – Special Meeting of Council, Bindoon 10 September – Council Information Session, Bindoon 10 September – Council Agenda Forum, Bindoon 12 September – Lower Chittering Community Complex Information Session, Lower Chittering

3. DISCLOSURE OF INTEREST

Councillors must declare to the President any potential conflict of interest they have in a matter before the Shire Council as soon as they become aware of it.



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4. PUBLIC QUESTION TIME

4.1 Response to previous public questions taken on notice

4.1.1 John Curtis, Bindoon

Question: How much is the special Meeting of Council costing?

Answer: Listed below is a breakdown of all known expenses:

Staff attendance fees Nil

Councillor meeting

fees

Nil, in accordance with the 2019/20 Annual Budget

Councillors are paid an annual sitting fee, not individual

meeting fees.

Councillor travel

Unknown until early October when Councillors submit

their Expenses Claim to the Shire. Any reimbursements

for travel will be in accordance with Elected Member

Policy 4.3 Fees, Allowances, Reimbursements and

Benefits(attached)

Catering $203

Electricity $2

Water $2

Venue hire Nil

Advertising Nil

4.2 Public question time

5. PRESENTATIONS / PETITIONS / DEPUTATIONS

5.1 Petitions

5.2 Presentations



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5.3 Deputations

6. APPLICATIONS FOR LEAVE OF ABSENCE

7. CONFIRMATION OF MINUTES

7.1 Ordinary Meeting of Council – 21 August 2019

7.1 RECOMMENDATION That the minutes of the Ordinary Meeting of Council held on Wednesday 21 August 2019 be confirmed as a true and correct record of proceedings.

7.2 Special Meeting of Council – 28 August 2019

7.2 RECOMMENDATION That the minutes of the Special Meeting of Council held on Wednesday 28 August 2019 be confirmed as a true and correct record of proceedings.

8. ANNOUNCEMENT FROM THE PRESIDING MEMBER



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9. REPORTS

9.1 DEVELOPMENT SERVICES

Nil

9.2 TECHNICAL SERVICES

Nil

9.3 CORPORATE SERVICES

9.3.1 List of Accounts Paid for the period ending 31 August 2019*

Applicant Shire of Chittering File ref 12/03/4 Prepared by Finance Officer Accounts Supervised by Executive Manager Corporate Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. List of Accounts Paid as at 31 August 2019 Executive Summary Council is requested to endorse payments presented in the List of Accounts Paid for the period ending 31 August 2019. Background Pursuant to Local Government Act 1995, Section 6.8 (2)(b), where expenditure has been incurred by a local government, it is to be reported to the next Ordinary Meeting of Council. Consultation/Communication Implications Local Executive Manager Corporate Services State Nil Legislative Implications State

Local Government Act 1995

Local Government (Financial Management) Regulations



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Local Nil Policy Implications Nil Financial Implications All expenditure has been approved via adoption of the 2019/20 Annual Budget, or resulting from a Council resolution for a budget amendment. Strategic Implications Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The attached “List of Accounts Paid as at 31 August 2019” is presented to Council for endorsement.

9.3.1 RECOMMENDATION That Council endorses the following list of Accounts Paid:

a. PR5046, PR5074; b. EFT18497 – EFT18628; c. Direct Debits and Transfers as listed; and d. Trust Fund payments as listed, Totalling $983,578.45 for the period ending 31 August 2019.



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9.3.2 Monthly Financial Reports for the Period Ending 31 July 2019*

Applicant Shire of Chittering File ref 12/03/4 Prepared by Finance Officer Accounts Supervised by Executive Manager Corporate Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Monthly Financial Report for period ending 31 July 20191 Executive Summary Council is requested to receive the Monthly Financial Report (containing the Statement of Financial Activity) for the period ending 31 July 2019. Background In accordance with Local Government (Financial Management), Regulation 34(1), local governments are required to prepare, each month, a statement of financial activity reporting on revenue and expenditure for the month in question. The statement of financial activity is to be presented at an Ordinary Meeting of Council within two months after the end of the month to which the statement relates. Consultation/Communication Implications Local Executive Manager Corporate Services State Nil Legislative Implications State

Local Government Act 1995

Local Government (Financial Management) Regulations Local Nil Policy Implications Nil Financial Implications Nil

1 Not available at time of agenda distribution (12 September 2019)



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Strategic Implications Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The attached “Monthly financial Report for period ending 31 July 2019” is presented to Council for endorsement.

9.3.2 RECOMMENDATION That Council receives the Monthly Financial Reports for period ending 31 July 2019, as per Attachment 1.



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9.4 CHIEF EXECUTIVE OFFICER

9.4.1 Register of Policy Review Timeline*

Applicant Shire of Chittering File ref 04/03/1 Prepared by Executive Assistant Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Register of Policies Review Timeline Executive Summary Council is requested to receive the timeline to review the Register of Policies. Background At the Ordinary Meeting of Council held on 21 August 2019 Council resolved the following:

9.4.1 RECOMMENDATION / COUNCIL RESOLUTION 100819 Moved Cr Gibson / Seconded Cr Osborn That Council: 1. Endorses the Shire of Chittering Register of Policies, as per Attachment 1; and 2. Requests the Chief Executive Officer to prepare a timeline for the review of Council Policies by the

September Ordinary Meeting of Council.

CARRIED 7/0 8:17PM

Accordingly, Attachment 1 is the timeline that has been developed by Shire officer’s to implement. Consultation/Communication Implications Local The Chief Executive Officer emailed Councillors and Shire staff on 30 August 2019 advising that he was developing a schedule to perform a thorough review of policies and wanted their feedback on any policies that they believed should be reviewed earlier in the schedule. As per the recent Council Resolution (#100819), the Shire will be undertaking a thorough review of the policies contained in the Register of Policies. It is expected that this review will take place over the next one to two years, but the first step is to develop the review schedule and present this to Council at the September Ordinary Meeting of Council. Policies that are in more urgent need of a thorough review, especially those that are affecting operations, will be put towards the start of the review. The Chief Executive Officer asked Councillors and Shire staff to look at their relevant areas of the Register and let him know what policies they believed need to be changed. Feedback received has been taken on board; however the Chief Executive Officer will retain control over the schedule development and ultimately Council will have the final decision on the schedule.



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Following this email, the following Policies have been listed to review early in the schedule:

Administration Policies

o 1.4 Complaints Handling

o 1.5 Execution of Documents

o 1.7 Communications

o 1.9 Recycling Purchasing

o 1.11 Security Cameras and CCTV

o 1.16 Community Engagement

Finance Policies

o 2.1 Budget Preparation

o 2.7 Significant Accounting Policies

o 2.10 Cheque Signatory / EFT Requirements

o 2.11 Credit Cards

Staff Policies

o 3.1 Code of Conduct – Staff, Volunteers and Contractors

o 3.7 Staff Housing

o 3.18 Use of Council Vehicles

o 3.19 Social Media

Elected Members Policies

o 4.1 Code of Conduct – Elected Members

o 4.2 Petitions to Council

o 4.3 Elected Members’ Fees, Allowances, Reimbursements and Benefits

o 4.6 Agenda Forums

Community Development Policies

o 6.1 Australia Day Awards

Engineering, Construction and Maintenance Policies

o 7.5 Road Maintenance

o 7.6 Heavy Vehicle Access

Town Planning Policies

o 9.5 Road Names

Environment and Health Policies

o 10.2 Bushfire control

o 10.4 Clearing of Land

o 10.7 Multiple Dogs

o 10.8 Smoke-Free Outdoor Areas



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State Not applicable Legislative Implications State

Local Government Act 1995, Part 2, Division 2 ‘Role of Council’ 2.7. Role of council

(1) The council—

(a) governs the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to—

(a) oversee the allocation of the local government’s finances and resources; and

(b) determine the local government’s policies.

Local Compliance calendar Policy Implications State Nil Local Register of Policies Financial Implications Nil Strategic Implications Local

Strategic Community Plan 2017-2027

Focus area: Strong leadership Objective: S5.3 Accountable governance Strategy: S5.3.1 Good governance which supports efficient and effective service delivery

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal.



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Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Though this report and attachment only reference the current adopted Policies, Shire officers will bring any separate draft policies to Council as and when required.

9.4.1 RECOMMENDATION That Council receives the timeline to review the Register of Policies, as per Attachment 1.



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9.4.2 CSRFF Forward Planning Grant: Muchea Hall Change Room Redevelopment*

Applicant Shire of Chittering File ref 15/01/17 Prepared by Community Development Coordinator Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Draft CSRFF Forward Planning Grant Application.

2. Draft Business Case

3. Draft Cost Benefit Analysis

4. Draft Funding Strategy

5. Map Plan & Project Timeline

6. Table of Donations and Volunteer Labour

Executive Summary Council is requested to endorse an application to the Community Sporting and Recreation Facilities Fund (CSRFF) Forward Planning Grants through the Department of Local Government, Sport and Cultural Industries for the construction of new Clubrooms and Change Room Facilities at the Muchea Hall and Oval. The total cost of project being $1.65m requiring an allocation of $650,000 in the Shire of Chittering 2020/21 and 2021/22 budgets, Muchea Hall User Group (MHUG) contribution totalling $450,000 and will be contingent on the successful application to the CSRFF Forward Planning Grant for an allocation of $550,000. Facility designs were developed, in consultation with the MHUG, and costed accordingly through four quotes (ranging between $1.23m to $1.35m) and a QS estimate of $1.875m (which included a regional overhead of 10%). After a detailed analysis and consideration of these estimates, contingencies and the prevailing building market conditions, an estimate of $1.65m has been derived as the most likely cost of the project. Background At the 19 June 2019 Ordinary Council meeting Council resolved the following:

9.4.3 OFFICER RECOMMENDATION (PART 1) / COUNCIL RESOLUTION 140619 Moved Cr Gibson / Seconded Cr Ross That Council: 1. Approve the purchase and installation of a temporary change-room facility at the Muchea Hall

oval, with a total estimated budget of $28,000. Funds to be drawn from the Recreation Development Reserve account.

CARRIED 6/0 BY AN ABSOLUTE MAJORITY 8:06PM

9.4.3 OFFICER RECOMMENDATION (PART 2) / COUNCIL RESOLUTION 150619 Moved Cr Tilbury / Seconded Cr Osborn That Council: 1. Provide “in principle support” for a new Muchea Oval Facility project and its CSRFF grant

application, and agrees to an indicative (in principle) capital budget allocation for the 2020/21 and 2021/22 budgets (estimated at $450,000 – $650,000 for a ⅓ contribution);



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2. Notes that the capital and ongoing operational costs for any new Muchea Oval Facility will need to be incorporated into a reviewed Long Term Financial Plan (and which will ideally need to be undertaken in 2019/20);

3. Confirms that a Special Council Meeting be scheduled for September 2019 (if required) to consider

this and any other CSRFF grant applications submitted by other local clubs/associations (noting that more accurate budget estimates will be available, based on the more detailed project costings undertaken as part of that process); and

4. On the condition that the Muchea Hall User Group agrees that:

a. the grant application research must include a “Master Plan” study to best accommodate the future of sport, recreation, culture, and the community, for the Muchea and surrounding areas precinct; and

b. it will apply for this CSRFF grant (in a form mutually agreed between the Council and the Muchea Hall User Group) for the next three consecutive years;

Council endorses the allocation of up to $100,000 for the Recreation Development Reserve Account to fund consultants (e.g. architects, quantity surveyors, recreation advisors, community consultations, economic analysis, business case writer, and submission writer, etc.) to assist Shire Officers and the Muchea Hall User Group to prepare a September 2019 CSRFF grant application for a new Muchea Hall User Group Facility.


On Thursday, 20 June 2019 a Request for Fee Proposal was forwarded to 6 consultancy services with the following consultants submitting a fee proposal:

ABV Leisure Consultancy Services

Tredwell Management

PRACSYS

NAJA Business Consultancy Services Consultants were requested to provide a quotation for the compilation of a high quality and competitive grant application for the CSRFF Forward Planning Grants 2019/2020 with at least the following requirements:

Master Plan study to best accommodate the future of sport, recreation, culture, and the community, for the Muchea and surrounding areas precinct (to confirm that the new Club and Change Room Facility is the best reasonable option);

Determination of the “need” and “feasibility” of the proposal for the development of new Clubroom and Change Room facilities, including an “options analysis” that explores at least the following: Option 1 Refurbishment of the existing change rooms of the Muchea Hall; Option 2 Building of a new facility at the existing Muchea Oval site (but also retaining the existing

Muchea Hall Facility); Option 3 Building of a new facility at the existing Muchea Oval site (but not retaining the existing

Muchea Hall Facility); and Option 4 Build a new facility at an alternative site (external of Muchea Oval);

An impact analysis of all users of the Muchea Hall Facility (for each option);

A life cycle cost of the facility options;

How each facility option will impact on the capacity of the Shire to adequately maintain other facilities across the Shire;



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Concept plans (N.B. These have been developed by the existing User group of the Facility, however may require some amendments);

Quantity surveyors estimate testing the concept plan design;

Undertake the required level of Community Consultation;

Liaison with the Shire of Chittering regarding planning and building approvals pertinent to the project;

Liaison with the Shire of Chittering and the provision of a report with recommendations that Council can rely on with confidence, to demonstrate the viability (or non-viability) of the project; and

Compilation of the CSRFF grant application. Consultants were required to confirm their capacity to provide a high quality and competitive grant application; and meet the timeline of submitting the completed report/grant application to the Shire of Chittering by 3.00pm on 12 September 2019 (for consideration at September Meeting of Council). This project has had extremely tight timeframes due to the Grant application process closing on 27 September 2019. Advice from the Department of Local Government, Sport and Cultural Industries suggests that a similar project will normally require approximately 18 months lead time for the development of a Business Case, Cost Benefit Analysis and community consultation processes as necessary components to the CSRFF Forward Planning Grant Application. Having said that, this project has been nearly three years in the making with the MHUG representatives identifying issues with the existing toilets and change rooms through regular Hall Group meetings over the previous 4 years. These issues morphed into the proposed new project proposal to Council at the Ordinary Council Meeting on 19 June 2019. The newly appointed Shire CEO, outgoing Acting CEO and Community Development Coordinator reviewed the above fee proposals and awarded NAJA Business Consultancy the project on 3 July 2019. From appointment this allowed the consultants 12 weeks to finalise the grant application. Consultation/Communication Implications Local NAJA commenced liaison with the Shire Community Development Coordinator and the Muchea Hall User Group (MHUG) via the Clubs Liaison, Lachlan Chilman on 4 July 2019. NAJA lead consultant Paul Rosair facilitated a workshop with the MHUG on Monday, 22 July 2019. The aim of this session was to introduce stakeholders to NAJA consultants, outline the project scope, explain the elements required to present a competitive business case for the CSRFF Forward Planning Grant and to workshop and analyse the four options outlined within the Project Brief. A Community Survey seeking community views on the Muchea Hall and recreation facilities was circulated via the following means on 20 August 2019 to assist the consultants with understanding the needs and feasibility for the proposed project.

Shire email contact lists (Community Groups, eChatter)

Keep me Posted

Shire website - Have your Say

Shire Facebook page and on-shared to the following pages: o Muchea and Surrounds Information and Selling; o Bullsbrook Muchea Information and Selling; o Chittering Youth Krew (Closed Group); o Chittering Youth Krew – Open; o Lower Chittering Chatters; and o Chittering Notice Board.



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The survey closed on Wednesday, 4 September 2019. A total of 305 responses were received. As the survey was designed to allow multiple responses from a single device to allow family members with differing views an opportunity to have input, this relied on a person’s integrity when completing the survey and an assumption that the survey respondents would not abuse this process. The results of this survey were provided to NAJA consultancy for analysis. Analysis shows that the opinion of the community is that the existing community hall, change rooms and toilet facilities at the Muchea Hall are unsatisfactory. Of the 305 respondents 270 had visited the facility.

Interestingly though, when viewed alongside responses to how people rate the existing clubrooms the average response was that these are satisfactory but the changeroom and existing toilets returned an average response of unsatisfactory. Of 262 respondents, 80% support the Shire contributing funds to a new facility at Muchea and of these 58% would accept a small rate increase as a consequence to upgrades or building a new facility in Muchea.



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State NAJA Consultancy, the Shire of Chittering Community Development Officer and the MHUG Representative have liaised with the Department of Local Government Sport and Cultural Services Kent Burton, Senior Project Manager – Community Investment and Jenifer Collins, Manager Wheatbelt throughout the development of this grant application. Stuart Dart, State Infrastructure Manager – WA, Cricket Australia and Mark Sanders, Area Manager - Metro North, Western Australian Cricket Association has been consulted as part of the grant application process. Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil Financial Implications As per Council Resolution #140619, Council agreed to an indicative (in principle) capital budget allocation for the 2020/21 and 2021/22 budgets (estimated at $450,000 – $650,000 for a ⅓ contribution) and; Noted that the capital and ongoing operational costs for any new Muchea Oval Facility will need to be incorporated into a reviewed Long Term Financial Plan (and which will ideally need to be undertaken in 2019/20). With this in mind, facility designs were developed, in consultation with the Muchea Hall User Group and costed accordingly through four quotes (ranging between $1.23m to $1.35m) and a QS estimate of $1.875m (which included a regional overhead of 10%). After a detailed analysis and consideration of these estimates, contingencies and the prevailing building market conditions, an estimate of $1.65m has been derived as the most likely cost of the project. A conservative approach has been taken in calculating whole of life costs by using the higher figure of $1.875m in determining ongoing maintenance, operating and renewal costs. A range of funding scenarios and strategies has been provided within the Business Case (Attachment 2) which shows that this project is viable if contributions are made by the Shire, MHUG and CSRFF grant as explored.



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The below table outlines MHUG contributions towards the project:

TYPE RAISED OR SECURED

TO BE SECURED PROJECTED TO BE RAISED OVER NEXT 18 MONTHS

TOTAL

Fundraising and cash $8,000.00 $80,000 $88,000

Corporate sponsorship $58,700.00 $20,000 $78,700

Volunteer labour $22,954.00 $22,954

Donated materials $150,059.00 $20,000 $170,059

Grants $190,000 $190,000

Other 0

TOTAL $239,713.00 $190,000.00 $120,000.00 $549,713.00

Additional to the above outlined Grant contribution of $190,000, there is an intention by MHUG to apply under the recently announced Federal Government Grant for female changeroom facilities. The grant amount is yet to be determined. Based on the above financials the following anomalies need to be taken into account when considering the overall contribution from the Muchea Hall User Group:

Donated Materials of $170,059 is contingent on the tender process and the willingness of the chosen Building Contractor to accept and manage the donated materials of various businesses as part of their contract to the Shire.

Additionally, the willingness and capacity of the builder to manage volunteer labour as part of their contract is also contingent on the tender process and outcome.

The grant total of $190,000 is not a secured amount with the majority of these grants allocated as part of a competitive grant process.

Any shortfall in the above areas will need to be considered and a contingency plan determined to cover these costs as a requirement of the funding contract with the Department of Local Government, Sport and Cultural Industries to ensure the project is fully committed. This may require additional funding commitment from the Shire or alternatively, consideration to the possibility of a self-supporting loan with flexible arrangements including the deferment of interest payments for the Muchea Hall User Group; until such time as the clubs get into an operating environment from bar trade and event incomes from the use of the new facility. The consultant believes there is capacity within MHUG to service an interest only loan. It is arguably sustainable within existing operating budgets of the groups. Strategic Implications In making the decision to support this grant application, Council will commit to undertaking a review of the Long Term Financial Plan to ensure that the capital and ongoing operational costs for the new Muchea Clubrooms and Change Room Facility are incorporated. There are several options available to Council to ensure incorporation of the Muchea Facility into the Long Term Financial Plan. The first is to replace an existing project with the facility. Options available would be the Chinkabee Complex Upgrades ($675,000), Brockman Centre ($400,000) and smaller projects such as the Muchea Gymnasium ($100,000) or the Shire Depot Relocation ($1,500,000). Other options available would be further loans, reducing operating activities or an increase in rates. With a new facility, the operational costs will also change. Using industry averages, the Muchea Facility could result in additional operating costs of $82,800. Currently the shire spends around $52,806 per year on the Muchea Hall and $64,911 on Oval Maintenance.



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Renewal costs are also something that Council need to consider in the Long Term Financial Plan. The current replacement costs for the Muchea Hall is $2,270,000, Bindoon Hall and Chinkabee Complex is $4,560,000 and Lower Chittering Hall $1,290,000. A new facility is being constructed which will remove the need to replace Lower Chittering Hall. With the addition of the Muchea Facility, the renewal costs for Sport and Recreation Facilities will be $318,600 per year. Strategic Implications The following Council resolution was recorded at the Ordinary Meeting of Council on 19 June 2019.

MOTION / COUNCIL RESOLUTION 170619 Moved Cr Tilbury / Seconded Osborn That Council: 1. Conduct a comprehensive review of all sport and recreation facilities in the Shire, with a view to

formulating a master plan; and 2. Consider the allocation of appropriate provision for this purpose as part of the 2019/20 Annual

Budget.

CARRIED 5/1 8:18PM

An allocation of $110,000 has been included in the 2019/20 Budget incorporating Master Planning and Business Case development for the following Council facilities:

Bindoon Chinkabee Complex;

Lower Chittering Sports & Recreation Facility; and

Muchea Hall and Oval2. Local

Strategic Community Plan 2017-2027 Focus area: Our community Objective: S1.1 An active and supportive community Strategy: S1.1.2 Develop and enhance existing recreation and social facilities for local and;

communities.

Objective: S1.2 Strong sense of community Strategy: S1.2.1 Actively support community, volunteer groups and networks and;

S1.2.3 Activate our local centres and towns Focus area: Our built environment Objective: S3.1 Development of local hubs Strategy: S3.1.1 Plan for new and enhanced community facilities and;

Objective: S3.3 Improved infrastructure and amenities Strategy: S3.3.1 Improved asset management across all asset classes

2 A detailed Business Case for the proposed new build at this facility has been developed as a requirement of the CSRFF Forward Planning Grant Application (refer to Attachment 2).



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Focus area: Strong leadership Objective: S5.1 An engaged community Strategy: S5.1.1 Encouraged and promote community engagement and;

Objective S5.2 Strong partnerships and relationships Strategy: S5.2.1 Encouraged and promote community engagement

State

Active Living for All 2017–2019 Department of Local Government, Sport and Cultural Industries Key Priority 2. Providing appropriate environments and programs (active places and active people) Key Priority 4. Promoting partnerships

Site Inspection Site inspection undertaken: Yes NAJA lead consultant Paul Rosair facilitated a workshop with the Muchea Hall User Group on Monday 22 July 2019. Consultants also attended the facility on two separate occasions to familarise themselves with the facility. Reference has also been given to a recent Western Australian Cricket Association Facility Audit of the Muchea Hall and Oval, conducted by Inside Edge Sport & Leisure Planning. Club representatives of the facility highlighted a discrepancy with the audit report measurements particularly with regard to the Change Rooms. Shire records indicate that the measurements recorded in the WACA audit report for the Change Room areas are significantly more than what the Clubs and Shire have recorded. Additionally, a new patio area off the Clubrooms increased significantly the external covered viewing area compared to what was recorded in the WACA report. This matter has been raised with the State Infrastructure Manager for Cricket Australia. Triple Bottom Line Assessment Economic implications A detailed cost benefit analysis (refer to Attachment 3) and Funding Strategy (refer to Attachment 4) has been a requirement of the grant application process. A positive CBA ratio of 7.62 has been determined for this project. As with many community facilities, the major positives are derived from the social benefits, however in this instance, the economic benefits are also shown to contribute positively. Social implications This project will be delivering critical community infrastructure that will increase sporting participation and physical activity (in particular female involvement), build social capital and expand regional capacity. The Business case (refer to Attachment 2) has established a significant need for a new sports facility at the Muchea oval which, with a positive cost benefit positive ratio, is justifiable, affordable and sustainable and will provide significant community, social and associated health benefits well into the future. Environmental implications A new ATU system would be required to accommodate the new build as the existing system is operating close to maximum capacity even with recent upgrades.



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Tanks and drains for a Filtrex system or ATU irrigation system would be required. It should be noted that the Filtrex system requires 2 x 68 metre Filtrex GENX ATS drains (or 4 x 34 metre drains) with a total area of 782m2 and the ATU irrigation system requires 900 m2. Either system could be configured to best fit the available area. This will need to be assessed on site. Additionally, due to the identified site location of the new clubroom and change room building, there may be a requirement for a clearing permit for trees adjacent to the oval and netball courts. Environmental implications will be dealt with as part of the planning and building approval process.

9.4.2 RECOMMENDATION That Council: 1. Commits to providing its $650,000 funding towards the project as part of the 2020-21; and 2021-

22 financial year budgets;

2. Undertakes a review of the Long Term Financial Plan to ensure capital and all current and future

operational costs for the new Muchea Clubroom and Changeroom Facility are incorporated, Council will need to amend the plan to incorporate one of the options outlined under the strategic implications;

3. Investigate the possibility of a Flexible no interest or deferred interest loan arrangements for the

Muchea Hall User Group (namely the Chittering Junior Football Club, Chittering Junior Cricket Club, Muchea Senior Cricket Club and Muchea Netball Club) in the event that the Clubs are not able to raise their agreed $450,000 contribution to the project; until such time as the clubs are able to raise the necessary funds or generate an operating surplus to cover costs of a loan; and

4. Confirms that the current concept plans submitted with the grant application be used as a guide

for the new Muchea Clubroom and Change Room Facility, however that a component of the Architect’s brief is to confirm, through a condensed community consultation process, that this design best suits the majority of anticipated stakeholders from within the community.



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9.4.3 Review of Chief Executive Officer Performance Criteria*

Applicant Matthew Gilfellon File ref 22/10/153 Prepared by Chief Executive Officer Supervised by Not applicable Disclosure of interest Impartiality Interest – Matthew Gilfellon is the CEO of the Chittering Shire,

who is the applicant of this report to Council Voting requirements Simple Majority Attachments 1. Performance Criteria as per CEO Contract

2. Draft Performance Criteria Executive Summary Council is requested to review the Performance Criteria of the CEO and agree with the CEO on Performance Criteria. Background Under Section 5.38 of the Local Government Act 1995, Council must review the performance of the CEO on an annual basis. In order to ensure the performance can be properly reviewed, it is normal to set Performance Criteria against which performance can be measured. Clause 5.4 Performance Criteria 5.4.1 The Performance Criteria which applies at the commencement of this contract is included as Attachment 1. These performance criteria may be varied and any other criteria may be included by agreement between the parties at any time during the balance of the term of this contract. Clause 5.4.2 The Performance Criteria referred to in Clause 5.4.1 will be reviewed by the parties within three months of the commencement of employment by the Chief Executive Officer and then at the end of each performance review. Consultation/Communication Implications Local Nil State Nil Legislative Implications State Local Government Act 1995

5.38. Annual review of employees’ performance

(1) A local government must review the performance of the CEO if the CEO is employed for

a term of more than 1 year.

(2) The CEO must ensure that the performance of each other employee who is employed for

more than 1 year is reviewed.

(3) A review under subsection (1) or (2) must be conducted at least once in relation to each

year of the person’s employment.

[Section 5.38 inserted: No. 16 of 2019 s.21.]



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Local Nil Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications The performance criteria set will determine the direction of the shire. It is important to ensure that the performance criteria aligns with the Strategic Plans that have been adopted by Council to ensure alignment between the strategic direction set by Council and what the administration will put the time and effort into. Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known economic implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point. Social implications There are no known social implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point.

Environmental implications There are no known environmental implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point. Officer Comment/Details There have been no significant changes from the Performance Criteria included in the CEO contract. Several projects were combined under the facilities masterplan as they are reliant on this process to progress.



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It would be impossible to include all strategies contained in integrated plans in the CEO Performance Criteria, some of the higher level themes contained in the Strategic Community Plan that are not represented in the Performance Criteria are:

Strengthening Health Services;

Aged Services (with the exception of the Lifestyle Village); and

Environmental Protection. It is not necessary to include these themes in the Performance Criteria, but this is merely an observation of where the Strategic Direction and CEO Performance Criteria may not align.

9.4.3 RECOMMENDATION That Council adopt the Chief Executive Officer Performance Criteria for the period to 30 June 2019 as per attachment 2, Draft Performance Criteria.



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9.4.4 Self-Supporting Loan Agreement between the Shire of Chittering and Immaculate Heart

College*

Applicant Immaculate Heart College and Shire of Chittering File ref A11560; 15/01/16; N192293 Prepared by Chief Executive Officer Supervised by Not applicable Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Self-Supporting Loan Agreement3 Executive Summary Council is requested to approve the Self-Supporting Loan Agreement between the Shire of Chittering and Immaculate Heart College, included in which is the ‘Use Agreement’ with Immaculate Heart College. Background At the 17 April 2019 Ordinary Meeting of Council, the following decision was made by Council.

9.4.3 SUBSTANTIVE MOTION / COUNCIL RESOLUTION 110419 Moved Cr Tilbury / Seconded Cr Osborn That Council: 1. Acknowledges the unique and beneficial opportunity available to the Chittering community that is

presented with the Building Better Regions Fund grant and the Immaculate Heart College contribution towards the Lower Chittering Sport & Recreation Facility, providing a ⅔ subsidy towards the capital cost of this Shire facility;

2. Commits to using its best endeavours to bringing the project to realisation as soon as reasonably

possible, in order that the Chittering community and the Immaculate Heart College students and families can benefit from the facility;

3. Requires the Chief Executive Officer to work in consultation with the Councillor representatives on

the Lower Chittering Sport & Recreation Facility Reference Group, to secure workable and sustainable agreements with the Immaculate Heart College and other Lower Chittering Sport & Recreation Facility stakeholders, to facilitate the outcomes in (2) and (4) of this resolution;

4. Requires the Chief Executive Officer, in line with resolution (3), to work in consultation with the

Immaculate Heart College, to develop a workable and sustainable contract for Council’s endorsement, for a Self-Supporting Loan to the College (up to $2m) for its contribution to the Lower Chittering Sport & Recreation Facility, incorporating at least the following security conditions– a. A maximum sum of $2,000,000; b. A suitable loan debt security; and c. That any supplementary grants received by the College that link to its use of loan

expenditure, are to be remitted to the Shire as “advance principle repayments” to be held in the Shire’s Trust Account until it can be remitted to WA Treasury as such;

3 Not available at time of Agenda distribution (12 September 2019)



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5. Commits to raising the (up to) $2m Self-Supporting Loan for Immaculate Heart College as part of the 2019/20 Budget;

6. Highlights a preference for the $275,000 land payment to be remitted in cash to the Shire upon

transfer of the land, and a $1,725,000 self-supporting loan as the College’s contribution to the Lower Chittering Sport & Recreation Facility; but endorses (if the College can adequately prove that option is unsustainable) that a $2,000,000 Self-Supporting Loan be provided and made up of two components, a contribution to the Lower Chittering Sport & Recreation Facility itself ($1,725,000) plus the purchase price of the land (approximately 3ha) to be sold by the Shire to the Immaculate Heart College ($275,000);

7. Authorises the President and Chief Executive Officer to apply the Common Seal and to sign the Self-

Supporting Loan Agreement (once developed) on the Shire of Chittering’s behalf; 8. Invites Immaculate Heart College to signing and return the Self-Supporting Loan Agreement in

order that the Lower Chittering Sport & Recreation Facility project can be undertaken; and 9. That the Acting Chief Executive Officer is to formalise and present to Council for approval, a ‘use

agreement’ with Immaculate Heart College to share up to 50% of the Operation / Maintenance costs of the Lower Chittering Sports Facility in consideration of payment of a- a. Fixed annual costs of 25% of the Operation / Maintenance costs of the Lower Chittering

Sports Facility, regardless of use; and b. Variable annual cost of up to 25% of the Operation / Maintenance costs of the Lower

Chittering Sports Facility based on percent use of the school.”

THE SUBSTANTIVE MOTION WAS PUT AND DECLARED CARRIED 4/3 CRS ANGUS, KING and GIBSON requested that their votes be recorded as being AGAINST the motion

10:28PM

Though Council authorised the President and Chief Executive Officer to sign and apply the Common Seal on the Self-Supporting Loan Agreement on the Shire of Chittering’s behalf, the ‘use agreement’ with Immaculate Heart College was to be formalised by the Chief Executive Officer and presented to Council for approval. For the sake of simplicity, the ‘use agreement’ was combined with the Self-Supporting Loan Agreement. Due to the cost of the Lower Chittering Sports and Recreation Facility, the signing of a ‘use-agreement’ with an organisation would trigger the requirement to follow the process detailed under Section 3.59 of the Local Government Act 1995. In order to ensure that the Local Government Act 1995 was abided by, the process contained under Section 3.59 of the Local Government Act 1995 was followed. This process ended at the Special Meeting of Council held on 28 August 2019, whereby Council resolved the following:

6.2 RECOMMENDATION / COUNCIL RESOLUTION 280819 Moved Cr Tilbury / Seconded Cr Angus That Council: 1. Notes the public submissions made in relation to the Major Land Transaction for the Lower

Chittering Sports and Recreation Facility and Associated Land Sale. 2. Proceed into entering into a Major Land Transaction for the Lower Chittering Sports and Recreation

Facility and Associated Land Sale. 3. A review of the Long Term Financial Plan be conducted.



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4. That a survey be conducted to assess the likely uses of the facility and the frequency of use by individuals, clubs and community groups to ensure that the design is fit for the required purposes.

5. Ensure that the Shire improves its community engagement methods in the future.


The Draft Self-Supporting Loan Agreement, including the ‘use-agreement’, can now be finalised. The use rights are set out in Item 8 of the Self-Supporting Loan Agreement. The use rights will give Immaculate Heart College the right to use: i. 50% of the active floor space of the Indoor Courts each School Day; ii. The playing fields for each school day for playing equivalent to at least 4 School Days per week; and iii. Priority preferential booking of the function centre for up to 10 evening school events per year. The financial contribution is set out in Item 9 of the Self-Supporting Loan Agreement. The annual contribution is up to 50% of the Annual Operating Cost for the facility based on a fixed portion of 25% of the operating costs and a variable portion of up to 25% of the operating costs based on the proportion of use of the facility. Consultation/Communication Implications Local No specific consultation for the Self-Supporting Loan and ‘use-agreement’ was undertaken, but details of these were contained in the Business Case developed for the process required under Section 3.59 of the Local Government Act 1995. State No specific consultation for the Self-Supporting Loan and ‘use-agreement’ was undertaken, but details of these were contained in the Business Case developed for the process required under Section 3.59 of the Local Government Act 1995. Legislative Implications Nil Policy Implications Nil Financial Implications Nil. The Annual Financial Budget already contains details regarding the Self-Supporting Loan Agreement. The ‘Use Agreement’ will not have any effect until the 2021-2022 Financial Year, following the completion of the Lower Chittering Sports and Recreation Centre build.



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Strategic Implications Local

Strategic Community Plan 2017-2027 Focus area: Our community Objective: S1.1 An active and supportive community Strategy: S1.1.1 Develop and enhance existing recreation and social facilities for local

communities (recreational and sporting facilities to service the growing population in the Lower Chittering/Muchea area)

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications The Shire may have a lower ongoing borrowing capacity if it provides a self-supporting loan to Immaculate Heart College. There is also a risk in that repayment of the loan will fall to the Shire of Chittering if Immaculate Heart College were to be able to not meet repayments.

Social implications Nil

Environmental implications Environmental implications (if any) will be dealt with as part of the planning and building approval process. Officer Comment/Details Nil

9.4.4 RECOMMENDATION That Council: 1. Approve the Self-Supporting Loan Agreement as per Attachment 1. 2. Approve the ‘Use Agreement’ as per Item 8 and Item 9 of the Self-Supporting Loan Agreement. 3. Authorise the President and Chief Executive Officer to apply the Common Seal and sign the

Self-Supporting Loan Agreement on the Shire of Chittering’s behalf.



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9.4.5 Lower Chittering Sport and Recreation Facility Reference Group Report

Applicant Shire of Chittering File ref 02/08/5 Prepared by Community Development Coordinator Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to note the update on the Lower Chittering Sports and Recreation Facility Reference Group. Background The Lower Chittering Sport and Recreation Facility Project Advisory Group is established to support the implementation of works associated with the Building Better Regions Project, with Terms of Reference established to guide their involvement. This group is expected to comprise of senior Shire Staff, Council representative/s and representative/s of Immaculate Heart College. The role of the Group is to contribute to the task of overseeing the Lower Chittering Sport and Recreation Facility project and to where required, make recommendations to the Chief Executive Officer and/or Council. Consultation/Communication Implications Local State Not applicable Legislative Implications State Not applicable Local Not applicable Policy Implications State Not applicable Local

Council Committee and Advisory Group Booklet, 3.1.5 Lower Chittering Sport and Recreation Facility Project Advisory Group



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Financial Implications Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Financial implications Nil Social implications Nil Environmental implications Nil Officer Comment/Details Architecture Using the $25,000 Architecture Budget given by Council, the initial design of the complex has been able to be progressed taking into account the feedback of the reference and project budget. An initial design has been completed and will be shown to Council in a briefing session on 10 September 2019. An information session for the public will then be conducted on 12 September 2019. This session will be held from 2:30pm until 6:30pm to allow as many residents as possible to attend. The further development of plans will be contingent on finding a water source. Hodge Collard Preston Architects Pty Ltd is the successful tenderer for the project. They will be responsible for the development of a: (1) Masterplan of the whole site for stage 1 and stage 2. (2) Design of the Sports Hall, Function Room and ancillary facilities (3) Consultation with interested parties to achieve a beautiful, functional and successful development. (4) Work with sub consultants to prepare the Building Plans and site plans. (5) Prepare Tender documents for building construction. (6) Advice during construction. (7) Inspect during the 12 month defects period.



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Water The Shire of Chittering has been working in consultation with the Department of Water and Environmental Regulation (DWER) and a Hydrologist to develop a sustainable water supply for the facility that will not detrimentally affect the environment or the surrounding community. A licence to develop a bore has been obtained from DWER and the bore that has been sunk on site has the potential to supply the quantity of water needed. The Hydrologist is now assisting us with an application to DWER for the approval of a water allocation which will allow us to draw water from the bore. The Hydrology report has been completed and submitted to the Department of Water and Environmental Regulation for assessment in line with the water licence. The report has been distributed to Council. Environmental It is important to the Shire of Chittering that the surrounding environment is not adversely affected by the development of the Lower Chittering Sport and Recreation Facility. It has been decided to engage the services of Environmental Consultants to provide a design for Stage 1 and Stage 2 of the development. The design will include: (1) Testing for Acid Sulphate Soils. Supervision of its treatment if found. (2) Retention of stormwater and construction of nutrient filters. (3) Design of sewage treatment facilities and storage pond if required. (4) Control of nutrients entering the ecosystem. The consultants have commenced work at the site. Community Engagement A community engagement plan is still being developed but engagement has commenced. Following reference group meetings, a newsletter will be distributed to keep the community informed of the progress of the project. A community information session is being held on 12 September 2019 between 2:30pm and 6:30pm to allow the public to view the plans and discuss them with members of the reference group. As per Council Resolution #280819, a survey has also been distributed to help determine the likely uses of the facility and the frequency of use by individuals, clubs and community groups to ensure that the design is fit for the required purposes. This will remain open until after the information session so that feedback can be provided with information of the design. Request for Name Change At the reference group meeting, discussion was held regarding the difference between some of the public’s perception of the purpose of the facility, a request was made to change the name of the Reference Group to the ‘Chittering Community Centre Reference Group’. This name change is try and emphasis the community purpose of the facility and to reduce the perception that the facility is only for sports.



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9.4.5 RECOMMENDATION That Council: 1. Notes the information contained in the agenda report; and 2. Changes the name of the reference group to “Chittering Community Centre Reference Group”.

10. REPORTS OF COMMITTEES

Nil

11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE

12.1 Responses to questions from Members without notice

Cr King asked the following questions at the Ordinary Meeting of Council held on 21 August 2019:

Question Response by CEO

Why was a full CBA (Cost Benefit Analysis) over the life span (or at a minimum over the 20 year loan period) of the Lower Chittering Sports and Recreation Project NOT undertaken by the Shire, considering it is widespread general practice across all levels of government to undertake a rigorous CBA on infrastructure project?

A Cost Benefit Analysis was conducted as part of the Lower Chittering Sports Complex Business Case by Lucid Economics.

What measures has the Shire undertaken to ensure optimism bias has not occurred in relation to the Lower Chittering Sports and Recreation Project, particularly with regard to the establishment of the original ‘Project Reference Group’ and furthermore the recent appointment of the Lower Chittering Sports and Recreation Reference Group. In particular what processes and mitigation strategies have been implemented by the Shire to ensure that these 2 groups, plus other interested parties are NOT or HAVE NOT been able to influence the way in which the information has or will be

The appointments to committees is a decision of Council. Council has made committee appointments following a publicly advertised expression of interest process that was open to all electors. There are positives and negatives associated with all ways in which committees can be selected, and in this circumstance, a more democratic type process was used.

The purpose of creating working groups or working with already established committees is to ensure that they have an influence over



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collected, the research or studies undertaken or how the project is carried out?

the project to ensure that the community has some ownership over projects. A recent example can be seen in the Shire’s work with the Muchea Hall User Group (MHUG) and the alteration of the survey to include requests made by MHUG.

In light of the overestimated projected demand and expenses/revenue for this project compared to what has been recently reported in the current business case, what measures and processes will the Shire adopt to test and ensure the robustness of outcomes to changes in variables or assumptions in the business case; ensure a clear statement of the assumptions underpinning the analysis has been provided and considered; and that due process has been undertaken in relation to the identification of the results of comparable projects carried out elsewhere?

A review of the Long Term Financial Plan will be conducted. There are many projects happening within the Shire and constantly changing assumptions. A regular review of the Long Term Financial Plan allows the Shire and Council to monitor these and update their plans.

When will the Shire be publishing an amendment to the Business Plan (that was recently out for public comment) to inform and advise the public of the actual contribution of IHC, not the reported contribution of IHC as documented incorrectly in the Business Plan?

There is no requirement to publish an amendment. The business plan states: “…a

contribution of $2m (inclusive of the $275,000 land purchase component).” There is debate about what the actual contribution is, depending on whether one follows a strict accounting definition or a notional position, so this strikes a fair balance between the two.

On what basis or ruling can the Shire include the provision of funds to be received from of the sale of land to be included as IHC’s contribution towards the Sports and Rec Centre Project, in light of the Hon Rita Saffioti’s media statement released on Wednesday, 12 December 2018, in which it states

“Three hectares of land to be made

available to Shire of Chittering for on-sale to the Immaculate Heart College for the expansion of the college and for the sale proceeds to be used by the Shire of Chittering to fund the development of a new sport and community centre”?

The media statement does not preclude the use of the funds from the sale of land for the development of a new sport and community centre. Depending on if you prefer a strict accounting definition or a more notional definition will determine how you categorise the contribution of the sale of lands fund.

Why has the Shire included the sale of land in the business case ? When in fact it needs to be dealt with as a separate contract matter? If not why?

Section 3.59 of the Local Government Act 1995 states minimum requirements for a Local Government for abide by. The section is not concerned with power but by regulating



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process. In order to ensure the public were fully aware of the sale and to ensure that all requirements of Section 3.59 were met. The disposition of land was included in the sale contract.

The sale of land is a legal process conducted under separate statutory and common law requirements and under these requirements it is usual practice to enter into a contract for the sale of land.

When will the Shire be informing the public that they have submitted and applied for a water licence with Watercorp in regards to the Lower Chittering Sports and Recreation Project as per discussions with Watercorp on the 15th Aug where it was confirmed that the Shire has already applied for a licence? Furthermore will the Shire be holding themselves to the same account and rigorous scrutiny regarding decisions made by the Shire in which the Shire strenuously objected to Clint O’Neil obtaining a water licence for commercial activity on environmental grounds and referred the matter to the EPA?

The Shire will be giving regular updates on the progress of the project to keep the community updated. Updates regarding the provision of water will be included in these newsletters. For clarification, the Shire has not applied for any water licence with the Water Corporation nor had discussions with the Water Corporation on 15 August as the Department of Water and Environmental Regulation govern the granting of water licences.

The Department of Water and Environmental Regulation govern the granting of water licences and the Shire must abide by the same rules as any private entity applying for a licence.

Why was the advertising of the project proposal only recently advertised? Should this have not been done previously when there is extensive evidence and a clear intent from the Shire to proceed with this project over the last 18 months. Evidence includes; several council minutes voting on and agreeing to the project, 2 feasibility studies, 2 businesses cases, BBRF grant application and recent conversations with Christian Porter, Water Corp, Shane Love and Darren West all stating that they were under the impression that this project was proceeding well before the Shire’s recent advertising.

Despite the preparatory decisions made by Council and the unanimous support of Council for the project up to and including the application for funding under the Building Better Regions Fund, it was not until the funding was announced that the Shire would have reason to proceed with the required process under Section 3.59.

The Section 3.59 process is described as having the objects of community participation and accountability and these objects can still be met without needing to go through the Section 3.59 process. As before the grant application, the project had been included in several of Council’s strategic plans, there were several Council decisions voting on and agreeing to the project, two feasibility studies and unanimous Council support, it may have been felt that these objects have been met. This may be judged differently using hindsight, but that of course is not available at the time.



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Why has the Shire not undertaken a detailed opportunity cost analysis including canvasing local businesses within the Shire to analyses the project’s impact on business revenue both negative and positive, especially in relation to businesses that currently capitalise on additional traffic/patronage resulting from sporting activities in Bindoon/Chinkabee Complex? Will the Shire be undertaking this analysis? If not, why not, on what reasoning?

The Shire was never requested by Council to prepare such a study. As there is not legal prescription, Council can take into account many different factors when making their decisions. There has been no request to prepare such a study.

The Shire will not be conducting such a study as for the purpose of informing future decisions to be made, the study is very limited in its scope. It does not take into account expenditure on other projects and operations, effect on other businesses and future businesses, opportunity costs of not proceeding with projects, social and environmental impacts.

Council does have in place an Economic Development Strategy and makes the budgetary provision for the employment of an Economic Development Officer. This officer is in regular contact with local businesses and works on implementing projects and events to benefit the businesses in the area.

What are the actual costs of the proposed Lower Chittering Sports and Recreation project over a 20 year period, taking into consideration present values?

The actual costs of the project cannot be established. Currently only estimated costs can be made using assumptions including assumptions on how costs are to be shared, the operational arrangements and the final design of the building. Even as these are established, the costs for the next 20 years will still only be an estimate based on assumptions and industry standards.

What is the Shire’s hurdle rate in establishing the viability of this Project? why?

The Shire does not have any hurdle rates for projects. Viability of local government projects take into account many factors including the social and environmental impacts and most formulas used by commercial entities on factor into financial considerations.

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING



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14. MEETING CLOSED TO THE PUBLIC

Nil

15. CLOSURE

The Presiding Member to declare the meeting closed.