CITY OF BAYSWATER MINUTES
Transcription
CITY OF BAYSWATER MINUTES
CITY OF BAYSWATER MINUTES OF THE ORDINARY MEETING OF COUNCIL 29 March 2011 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 OFFICIAL OPENING .............................................................................................1 2 RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)......................................................1 2.1 Attendance, Apologies and Absence 1 2.2 Leave of Absence (Previously Approved) 2 3 PUBLIC QUESTION TIME ...................................................................................3 4 APPLICATIONS FOR LEAVE OF ABSENCE .................................................11 5 4.1 Applicant: Cr Graham Pittaway 11 4.2 Applicant: Cr Michael Sabatino 11 4.3 Applicant: Cr Alan Radford 11 4.4 Applicant: Cr Marlene Robinson 11 4.5 Applicant: Cr Sonia Turkington 11 4.6 Applicant: Cr Sylvan Albert 11 CONFIRMATION OF MINUTES .......................................................................12 5.1 6 12 DISCLOSURES OF INTEREST SUMMARY ....................................................12 6.1 6.2 6.3 7 Ordinary Meeting : 22 February 2011 Disclosures at the Planning and Development Services & Administration and 12 Disclosures at the Technical Services and Finance & Personnel Committee 13 Disclosures at the Ordinary Council Meeting 14 URGENT BUSINESS.............................................................................................15 Page i ORDINARY COUNCIL MEETING MINUTES 7.1 8 29 MARCH 2011 Donation – Noranda Junior Cricket Club – Trophy Day 15 PETITIONS.............................................................................................................16 8.1 Cr Michael Sabatino – PAW – Tolworth Way and Irwin Road, Embleton 16 8.2 Cr Alan Radford – Waltham Reserve 16 8.3 Cr Alan Radford – Letter from Mr and Mrs D M Craig – Waltham Reserve 16 Cr Alan Radford – Letter from Mr Terry and Mrs Sandra Carter – Waltham Reserve 16 His Worship the Mayor, Cr Terry Kenyon ,JP - Corella Cull 16 8.4 8.5 9 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...............17 10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING.............................................17 11 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE .........18 11.1 Planning and Development Services 24 11.1.1 Council Ratification of Planning Determinations under Delegated Authority 24 Subdivision and Amalgamation Responses under Delegated Authority 25 Building Licences Issued under City’s Policy for Single Residential Development 26 11.1.2 11.1.3 11.1.4 Proposed Garage Location: Lot 56, No. 34 McGilvray Avenue, Morley File No: DA11-0009 27 11.1.5 Proposed Two (2) Storey Single House Location: Lot 804, No. 1A Aughton Street, Bayswater File No: DA10-0849 31 11.1.6 Proposed Two (2) Lot Survey Strata Subdivision Location: Lot 374, No. 13 Dorking Place, Morley File No: SD11-0017 37 11.1.7 Proposed Landscaping and Parking for Consulting Rooms 41 Page ii ORDINARY COUNCIL MEETING MINUTES Location: File No: 29 MARCH 2011 Lot 179, No. 175 Whatley Crescent, Bayswater DA11-0123, SD11-0009 CR TERRY BLANCHARD DECLARED AN IMPARTIAL INTEREST 11.1.8 Proposed Home Occupation Location: Lot. 221 No. 26 Weatherill Way, Noranda File No: DA11-0107 47 11.1.9 Parking of Commercial Vehicle Location: Lot. 222, No. 28 Weatherill Way, Noranda File No: DA11-0108 55 11.1.10 Proposed Additions to Existing Factory Location: Lot 800, No. 520 Guildford Road, Bayswater File No: DA10-0644 61 11.1.11 Proposed Change of Use to Industry and Refurbishment of Buildings Location: Lots 61 & 62, No. 18-20 Sussex Street, Maylands File No: DA10-0929 67 11.1.12 Proposed Change of Use to Health Club Location: Lot 361, No.70 Walter Road West, Bedford File No: DA11-0062 74 11.1.13 Perth Airport Update 80 11.1.14 Update on Prostitution Matters 84 11.1.15 Building Bill 2010 86 11.1.16 2011 National Mainstreet Conference Location: Australian Wine Centre, Adelaide 90 11.2 Administration and Community Services 92 11.2.1 Aquatic Facilities Management Report- February 2011 92 11.2.2 City of Bayswater Rangers Services Report – January and February 2011 94 11.2.3 Section 26 Exemption to Keep Three Dogs at a Premises 96 11.2.4 Non Drying Paint Security Product 99 11.2.5 Bayswater Sports Club Inc. Upper Hillcrest Reserve Clubrooms 101 11.2.6 City of Bayswater 2011 Scholarship Program 105 11.2.7 WALGA State Council Meeting – February 2011 111 Page iii ORDINARY COUNCIL MEETING MINUTES 11.2.8 12 29 MARCH 2011 2011 National General Assembly of Local Government – Registration of Delegates and Call for Submissions of Motion 113 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE.......................................................................................................117 12.1 Technical Services 121 12.1.1 Smoking Local Laws 121 12.1.2 Slade Street Traffic Management 126 12.1.3 Gummery Street Footpath 134 12.1.4 On-Street Parking - Maylands Primary School Location: Kelvin Street, Maylands 138 MR DAMIEN MARTIN, ACTING DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES, DECLARED AN IMPARTIAL INTEREST 12.1.5 Underground Power Proposal - Ashfield 141 12.1.6 Budget Amendment - Road Asset Management Software Absolute Majority Required 144 12.1.7 Rose Avenue Reserve Development Proposal 146 Location: Cnr Rose Avenue and Railway Parade, Bayswater 12.1.8 Hillcrest Reserve Living Stream 148 12.1.9 Claughton Reserve Concept Plan 152 12.1.10 Swan and Canning River – Draft Priority Plan 163 12.1.11 EMRC Council Meeting - 17 February 2011 168 CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST CR BARRY MCKENNA, DEPUTY MAY OR, DECLARED AN IMPARTIAL INTEREST CR GRAHAM PITTAW AY , DECLARED AN IMPARTIAL INTEREST 12.1.12 Making Cities Liveable Conference 170 12.2 Finance & Personnel 172 12.2.1 Financial Reports for the Period 1 July 2010 to 28 February 2011 172 12.2.2 Accounts Payable as at 22 March 2011 199 12.2.3 Investment Portfolio as at 28 February 2011 202 12.2.4 Donation - 2011 LGMA Women in Local Government Conference 207 Page iv ORDINARY COUNCIL MEETING MINUTES 12.2.5 29 MARCH 2011 Donation – Alex Murphy – 2011 Australian Rowing Championships, Adelaide 209 CR BARRY MCKENNA, DEPUTY MAY OR, DECLARED AN IMPARTIAL INTEREST 12.2.6 Donation – Australian Red Cross 211 12.2.7 Donation - Bayswater Petanque Club – City of Bayswater Petanque Challenge Trophy 213 Donation - Dennis Lillee Sports Foundation for People with Disabilities 214 Donation - Ion Uili - 2011 Junior Nationals Grid Iron Tournament, Narrabeen, NSW 216 Donation – Jakob Ratnayeke – National Electric Wheelchair Sports Games 217 Donation - Marissa Barbaro - 2011 Rotary Youth Leadership Awards (RYLA) International Seminar - Turkey 219 Donation – Ryan Dhue – Balcatta Soccer Club U16's Team The Great Wall of China Cup, Beijing, China 221 Donation – The International Association of Lions Clubs District 201W1 - "Razzamatazz" 223 12.2.8 12.2.9 12.2.10 12.2.11 12.2.12 12.2.13 13 REPORTS OF MANAGEMENT/ADVISORY COMMITTEES ....................225 13.1 Security Watch Advisory Committee – 14 March 2011 225 13.1.1 Police Crime Statistics – February 2011 225 13.1.2 Security Watch Status Report – February 2011 229 13.1.3 City of Bayswater CCTV Report – February 2011 230 13.1.4 Graffiti Status Report – January 2011 232 13.1.5 Safety in our Suburbs 235 13.2 Local Emergency Management Committee - 14 March 2011 236 13.2.1 Emergency Management Exercise 2011 Update 236 13.2.2 Perth District Local Emergency Management Plan For The Provision Of Welfare Support 238 13.2.3 Secondary Emergency Power Supply to Council Buildings 239 13.3 Business Reference Group - 14 March 2011 240 Page v ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13.3.1 Outstanding Business 240 13.3.2 Deputation by Mr Steve Hunt, Chairperson, Autumn River Festival 242 13.3.3 Bayswater Village Retail Traders Association’s Report 243 13.3.4 Maylands Business Group’s Report 244 CR SY LVAN ALBERT DECLARED AN IMPARTIAL INTEREST 13.3.5 Morley Business Group’s Report 245 13.3.6 Industrial Business Group’s Report 247 13.3.7 Central Eastern Business Association’s Report 249 CR MIKE ANDERTON, JP DECLARED AN IMPARTIAL INTEREST CR GRAHAM PITTAW AY , DECLARED AN IMPARTIAL INTEREST 13.4 Local Govt Community Housing Program (LGCHP) Tenants Committee – 16 March 2011 250 13.4.1 Outstanding Business Items Report 250 13.4.2 Local Government Community Housing Program Status Report 252 13.5 Golf Courses Management – 21 March 2011 254 13.5.1 Maylands Peninsula Golf Course Status Report Attachment: Maylands Peninsula Public Golf Course Report 254 (Confidential) 13.5.2 Embleton Public Golf Course Status Report Attachments: Embleton Public Golf Course Report 255 (Confidential) 13.5.3 City of Bayswater Charity Golf Day 2011 256 13.5.4 Sponsorship for Pro Am Golf Tournament 259 13.5.5 Proposed Driving Range Upgrade - Maylands Peninsula Golf Course 261 13.5.6 Proposed Hard Stand Areas - Maylands Peninsula Golf 263 13.5.7 Capital Project: Raising of 5th Green and Fairway - Maylands Peninsula Golf Course 264 13.5.8 Request for Reimbursement 266 13.6 Heritage Development Advisory Committee 267 13.6.1 Heritage Grant Application 267 Page vi ORDINARY COUNCIL MEETING MINUTES Location: File No: 29 MARCH 2011 Bardon House - Lot 84, No. 17 View Street, Maylands VIE-4/17 13.6.2 Proposed Two (2) Patio Additions Location: Lot 501, No. 10A Mitchell Street, Mount Lawley File No: DA11-0013 271 13.6.3 Proposed Two (2) Storey Grouped Dwelling Location: Lot 1 No. 122 Eighth Avenue, Maylands File No: DA10-0198 274 13.6.4 Proposed Change of Use from Shop to Small Bar Location: Lot 55, No. 198 Whatley Crescent, Maylands File No: DA11-0058 279 CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST CR MARLENE ROBINSON DECLARED AN IMPARTIAL INTEREST 14 MAYOR’S REPORT............................................................................................287 15 AFFIXING OF COMMON SEAL ......................................................................289 15.1 16 Authorisation for Affixing of the Common Seal 289 DISCUSSION OF MATTERS BEHIND CLOSED DOORS ...........................290 16.1 Planning and Development Services 290 16.1.1 Status Report - Planning Complaints and Zoning Breaches 290 CR BARRY MCKENNA, DEPUTY MAY OR, DECLARED A FINANCIAL INTEREST 16.2 Administration and Community Services 291 16.2.1 Generations Centre Family House Community Youth Project 291 MR DOUG PEARSON, DIRECTOR OF TECHNICAL SERVICES, DECLARED AN IMPARTIAL INTEREST 16.3 Technical Services 292 16.3.1 Unkempt Property 292 16.3.2 Unkempt Properties 293 CR SALLY PALMER DECLARED A FINANCIAL INTEREST 16.3.3 Tender No. 10-2010 - Lightning Swamp Boardwalk 294 CR TERRY BLANCHARD DECLARED AN IMPARTIAL INTEREST ABSOLUTE MAJORITY REQUIRED 16.4 Finance & Personnel 296 16.5 Reports of Management/Advisory Committees 297 Page vii ORDINARY COUNCIL MEETING MINUTES 16.5.1 Local Government Community Housing Program Committee – 16 March 2011 297 Community Housing Program - Wait List 16.5.2 Golf Course Management Committee – 21 March 2011 Charity Golf Day 2010 Debrief Location: Maylands Peninsula Public Golf Course 16.5.1.1 16.5.2.1 17 29 MARCH 2011 298 CLOSURE .............................................................................................................299 Page viii ORDINARY COUNCIL MEETING AGENDA 29 MARCH 2011 CITY OF BAYSWATER Minutes of the Ordinary Meeting of the Bayswater City Council which took place in the Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Tuesday, 29 March 2011. MINUTES Prior to the opening of the Ordinary Council meeting, His Worship Mayor, Cr Terry Kenyon, JP, presented the Council with the 1st Place Trophy that the Bayswater Waves Lifeguards attained in the Annual Pool Lifeguard Challenge. His Worship the Mayor also presented to the City a plaque from the Ministry of Sport and Olympic Committee in Indonesia as part of the Department of Sport and Recreation of WA’s showcase of Premier Aquatic Facilities, of which Bayswater Waves has been featured as a highlight in Perth. 1 OFFICIAL OPENING The Chairperson, His Worship the Mayor, Cr Terry Kenyon, JP, welcomed those in attendance and declared the meeting open for the ordinary business of Council at 7:02pm. 2 RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED) 2.1 Attendance, Apologies and Absence COUNCIL RESOLUTION CR SYLVAN ALBERT MOVED, CR MARLENE ROBINSON SECONDED that the following Attendance, Apologies and Absences be accepted: Members West Ward Cr Terry Kenyon, JP, Mayor Cr Marlene Robinson Cr Terry Blanchard Chairperson Central Ward Cr Barry McKenna, Deputy Mayor Cr Michael Sabatino Cr Sally Palmer South Ward Cr Sonia Turkington Cr Sylvan Albert Page 1 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 North Ward Cr Mike Anderton, JP Cr Graham Pittaway, OAM Cr Alan Radford Officers Ms Francesca Lefante Mr Ted Budzinksi Mr Doug Pearson Mr Jeremy Edwards Mr Damian Martin Mr Martyn Boyle Ms Wardia Du Toit Ms Raylene Vucens Chief Executive Officer Director of Finance Director of Technical Services Director of Administration and Community Services A/Director of Planning and Development Services A/Manager Administration PA/Director of Technical Services PA/Director of Administration and Community Services Public 37 Press 2 CARRIED UNANIMOUSLY 2.2 Leave of Absence (Previously Approved) COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED that the Leave of Absence (Previously Approved) be accepted: Nil. CARRIED UNANIMOUSLY Page 2 ORDINARY COUNCIL MEETING MINUTES 3 29 MARCH 2011 PUBLIC QUESTION TIME In accordance with Section 5.24 of the Local Government Act 1995, time is allocated for questions to be raised by members of the public. NOTE: HIS WORSHIP THE MAYOR, CR TERRY KENYON, JP WILL PROVIDE A VERBAL RESPONSE TO QUESTION/S RAISED, WHERE POSSIBLE AT THE MEETING. ADDITIONAL WRITTEN RESPONSES WILL BE PROVIDED WHERE ADVISED BY THE MAYOR Public Question Time commenced at 7:03pm. The following questions were submitted in writing and verbally: Ms Andrea Francioli – 144/81 King William Street, Bayswater Question 1: How many of the Councillors who support the Slade Street cul-de-sac have tried turning right onto Guildford Road from Slade Street during peak hours when such a manoeuvre is extremely difficult? His Worship the Mayor, Cr Terry Kenyon, JP advised that this matter is up for discussion this evening. Question 2: Will a professional traffic engineer be consulted about the Slade Street cul-de-sac to assess the risks and side effects? Will the Councillors adjust their positions considering the outcome of this assessment? His Worship the Mayor advised that the City of Bayswater's professional engineers will assess the outcome of all traffic issues within the City and would advise accordingly. The matter is up for debate this evening and all Councillors have an opportunity to vote. Question 3: Why were Ascot Park ratepayers not informed and consulted about the proposed cul-de-sac on Slade Street when the survey on the 3 month chicanes was sent out? His Worship the Mayor advised that an Ascot Park resident was on the Committee to provide input. Question 4: Why is the Bayswater Council willing to spend nearly $300,000 on the Slade Street cul-de-sac just to satisfy a small number of residents, without consulting the 203 ratepayers of Ascot Park? His Worship the Mayor advised that Slade Street residents had to endure speed and traffic for over 20 years and that an Ascot Park resident was on the Committee to assist with the consultation process. Page 3 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Question 5: Will the opinion of 203 Ascot Park ratepayers be given due weight by those Councillors in favour of the cul-de-sac? His Worship the Mayor advised that Council considers all ratepayers and information provided by the City's officers, and it is not about numbers, but rather the safety and best outcome for all residents concerned. A copy of Ms Francioli's questions can be located at Appendix 1. Note, a verbal response given to the question at the meeting. Mr Mohamed Mifhar Abdul Majeed – 144/81 King William Street, Bayswater Question 1: How many ratepayers of Ascot Park were consulted before making the decision to disregard the successful results on the 3 month chicanes trail on Slade Street? His Worship the Mayor, Cr Terry Kenyon, JP advised that the City considers all information received and weighs the outcomes and therefore does not disregard residents concerns. In addition, a resident representative from the Ascot Park complex was on the Committee. Question 2: How many Ascot Park ratepayers said they would prefer a cul-de-sac to the chicane solution? His Worship the Mayor advised that this was a trial as was the chicane on Slade Street and the matter is up for discussion this evening. Question 3: There are more ratepayers in Ascot Park than all the rest of Slade Street: Why is their opinion in the matter of the Slade Street cul-de-sac not being given the weight it deserves? His Worship the Mayor advised that all residents concerns are considered to provide the best outcomes for all. Question 4: The proposed cul-de-sac on Slade Street is over 7 times more expensive than the chicanes solution: Why is a professional traffic risk assessment not being carried out before considering a trial of the cul-de-sac? His Worship the Mayor advised that the most important factor is safety and traffic management. Ascot Park carried out in-house modifications without any consultation from Council or Slade Street. Council has received a concern from Slade Street. Question 5: Will the Councillors in favour of the Slade Street cul-de-sac change their position if a professional traffic risk assessment shows that the cul-de-sac will create traffic risk and other problems for Ascot Park? His Worship the Mayor advised that Council considers all reports on trails and traffic management from its Engineers to seek the best outcome for all concerned. A copy of Mr Abdul Majeed's questions can be located at Appendix 2. Note, verbal responses given to the questions at the meeting. Page 4 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Mr Chris Williams - 22 Cook Place, Lesmurdie Question 1: In relation to my proposed subdivision and development proposals for 175 Whatley Crescent, Bayswater, on tonight's agenda, I would like to ask Council if it is prepared to exercise discretion it has in its Scheme to look at each case on its merits, and recognise by supporting these proposals that the subject site is presently underutilised as CONSULTING ROOMS for a SOLE PRACTIONER and has much scope for an increased level of development in a manner that will not have a detrimental impact on the functionality and amenity of the site, or on its surrounds, nor likely to create an undesirable precedent elsewhere given the unique circumstances. His Worship the Mayor, Cr Terry Kenyon, JP advised this matter is up for discussion this evening. A copy of Mr William's question can be located at Appendix 3. Note, a verbal response given to the question at the meeting. Mrs Pat Lim - 1 Johnson Road, Maylands Question 1: Some months ago, I brought to the attention of the meeting about the fencing around the water at Tranby Units beside the small shopping centre on Peninsula Road that was badly in need of repairs. While the Council has repaired the front fence and put in a new gate for which I am grateful, can you inform why the side fence was not also repaired before it falls into the water too? I cannot see why the whole fence was not done all together at the one time. Please attend to this matter? His Worship the Mayor, Cr Terry Kenyon, JP advised that he was aware of the front fence being repaired and would have officers investigate the matter regarding the repair of the side fence and would provide a written response in relation to this matter. Question 2: While Council is allowing all the small street cafes to mushroom up in Eighth Avenue and Whatley Crescent, Maylands, Mr Mayor who controls the matter of health with all the dirty coffee mugs etc being left outside to attract the flies when the patrons leave the site. There are no bins outside either for clients to dispose of their rubbish. His Worship the Mayor advised that this is under the control of the City's Health Section and will have them monitor this more regularly. Also the comment in relation to the availability of bins has been taken onboard. Question 3: Mayor Kenyon can you tell me why both Councillors from the Maylands Ward are going to the same National Main Stream Decision Making Conference on 1 - 4 May for urban development. Is it so they can each remind the other of what they did not hear or understand? I would like to have a copy of any report they write which I hope is not just a half a page. I would like a proper detailed report on the conference content? His Worship the Mayor advised that Councillors are entitled to attend three conferences within an election term in accordance with Council Policy and may provide a report to Council. Page 5 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Question 4: Mayor Kenyon, when Councillors make a statement during Council Meetings and it is incorrect, do they have to make good that statement at any time to keep the records straight. My reason for this question is I have followed up the research on the 66 peacocks at Tranby House according to Cr Albert's statement and the fact is there were 10 peacocks and 6 pea fowls. This factual information has come from more than one source that were all involved with Tranby House as volunteers and others at the time the peacocks were in-house and removed. His Worship the Mayor advised that this matter has been resolved and at times, we all do forget. A copy of Mrs Lim's questions and Council’s written response to Question 1 can be located at Appendix 4. Note, a verbal response was given to the other questions at the meeting. Mr Samuel Fogarty - 62/81 King William Street, Bayswater Question 1: Considering the trial of chicanes was successful, and thereby an equitable, proven, safe, non disruptive and economical solution to the traffic problem, what compelling reason do we have to now be considering the cul-de-sac as an alternative? His Worship the Mayor, Cr Terry Kenyon, JP advised that the matter is up for discussion tonight and Council will make a resolution and should further input be required, the matter will be referred back to Council for consideration. Question 2: Will there be live monitoring of safety incidences and traffic build up? His Worship the Mayor advised that this would be up to Council to consider. Question: 3 Are Councillors considering the loss of property value of Slade Street and Ascot Gardens residents that a cul-de-sac would introduce? His Worship the Mayor advised that Council would look at the best interests of all concerned residents. Mr Laurie Brew - 25 Addlestone Road, Morley Question 1: Due to the trial undertaken in Walter Road West/Embleton Avenue of speed cushions, I can now sleep however, this morning, the cushions were removed without consultation. There are safety issues with the roundabout and my neighbour, his fence was continually being damaged and therefore now, he parks his truck on the verge, as it would cost less to repair the damage. It is only a matter of time that someone gets seriously injured and with the Coventrys Development, traffic will only increase. His Worship the Mayor, Cr Terry Kenyon, JP, advised that Council takes into consideration all ratepayers concerns and a report on the matter will be presented to Council for further consideration prior to installation of permanent measures. Page 6 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Question 2: Is it cost effective to have the speed cushions and signage removed? Also, signs were removed and the concrete just left on the verge. His Worship the Mayor advised that the Council is proactive and that a one month trial was undertaken. However, a report is coming back to Council on the matter before a decision is put in place. The comments in relation to the concrete on the verge has been taken onboard. Mr Ian Frizell - 416 Walter Road West, Morley Question 1: As part of the trial, sand bags were put in place however, these obviously are damaged when vehicles hit them to avoid the speed cushions and will consultation be undertaken with the residents? His Worship the Mayor, Cr Terry Kenyon, JP advised a report would be presented to Council to consider ratepayers comments and a recommendation made by Council and residents advised accordingly. Mr Tim Priest - 17 Ardross Way, Noranda Question 1: In reference to that part of Noranda currently within the City of Swan, when will the Bayswater City Officers have completed for Bayswater Councillors a joint draft submission on the local government boundary matter. Question 2: What date will the Bayswater Officers joint submission be presented to a Bayswater Councillor meeting, and is this City prepared to hold a Special Council Meeting to expedite its submission to the Local Government Advisory Board, in the interests of Noranda residents. His Worship the Mayor, Cr Terry Kenyon, JP, advised that the matter is up for discussion at the April Councillors' Workshop and would provide a written response to these questions. A copy of Mr Priest's written questions and Council's response can be located at Appendix 5. Mr Chris Williams - 22 Cook Place, Lesmurdie Question 1: In relation to 175 Whatley Crescent, why are the car parking bays considered to be inappropriate and Council not proposing any changes or more bays. His Worship the Mayor, Cr Terry Kenyon, JP, advised that the matter is up for debate this evening. Page 7 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Mr Tony Green, Bayswater City Residents Association (Inc) - PO Box 1639, Morley Question 1: Why does the Waltham Way Reserve upgrade to require 7 light towers when Crimea and Emberson Reserves have only 2 each? His Worship the Mayor, Cr Terry Kenyon, JP advised that this is regulated by State Authorities, the bigger the ball used, the more light required, the smaller the ball used, the less lights required. Question 2: Why are some Councillors with connections to the Morley Eagles Softball Club being allowed to vote on this issue that will directly advantage the club? His Worship the Mayor advised that it is the responsibility of each individual Councillor to declare their interest in matters. Question 3: Why cannot the softball activities on Waltham Reserve be transferred to another (more professional) venue like Crimea or Lightning Park? His Worship the Mayor advised that Council would need to discuss and consider the matter and recommendations of the Public Meeting with due consideration for all concerned. Question 4: Why, when more than 100 local residents around the Reserve have signed a petition to state exactly what they want, is the City still sending out officers to do light level checks? Can we be reassured that Council will listen to us, after the terrible let-down over the liquor licence at Waltham Reserve? His Worship the Mayor advised that the Council does listen to its ratepayers and accordingly, the liquor licence was rejected by Council. A copy of Mr Green's written questions can be located at Appendix 6. Note, verbal responses were given to the questions at the meeting. Mr Harvey Tonkin - 31 Deschamp Road, Noranda Question 1: The $19,000 for cameras Council purchased, is this in relation to the bollard cameras at Crimea Reserve for the donation bins? His Worship the Mayor, Cr Terry Kenyon, JP, advised that the $19,000 was budgeted for and the works were not as yet completed. The Mayor advised that it was his understanding that the bollard cameras at Crimea Reserve are at a cost of $300 each plus $100 for installation. Page 8 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Question 2: Since the installation of the cameras at Crimea Reserve, there seems to still be a gradual increase of rubbish around these donation bins. Will these bins be removed? His Worship the Mayor advised that unfortunately, within the last seven days, a bollard and camera had been stolen at Crimea Reserve. However, the bin providers have been proactive and removed the rubbish. The Council is supportive of the charitable organisations however a further report will be considered by Council to ensure that the best outcome is achieved for all concerned. Mr Brian Blechynden - 181/81 King William Street, Bayswater Question 1: Cleanaway require access to Ascot Park each day to deliver large skip bins for rubbish. Are Councillors sure that a proposal last week to reverse traffic flow in the complex would be physically possible for these large trucks? If no, then why are we proceeding down this path without due consideration on the impacts? His Worship the Mayor, Cr Terry Kenyon, JP, advised that Council has listened to the concerns of residents however, changes to the internal layout of Ascot Park were undertaken without Council input and a balanced decision needs to be made. Council is considering to undertake a further one month trial of a cul-de-sac and would make a recommendation in the best interests of all concerned. Question 2: Some have referred to the fact that the cul-de-sac is "only a trial" and we shouldn't be concerned about the implications arising from this "trial". Is it reasonable to trial a fundamental change to the road network affecting 4-5000 people without completion of a risk assessment? His Worship the Mayor advised that Council is taking its advice from its professional engineer. Question 3: Are all Councillors 100% certain that the residents living on Slade Street south of the proposed cul-de-sac are supportive of having their access to Guildford Road restricted? His Worship the Mayor advised that this comment would be taken onboard. Question 4: Council's own survey following the trial of the chicanes found the following; • 58 responses received from Slade Street, 38 (or 65%) thought the trial was effective and 28 (or 48%) thought the measures should be permanent; • In comparison, only 20 (or 35%) of Slade Street residents thought the trial was ineffective and only 20 (or 34%) thought this should not be a permanent solution. Page 9 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Given that speeds reduced to an 85th percentile of 51km/hr and traffic volumes by 34%, why are Councillors proposing to ignore the majority of Slade Street residents that appear to be in support of the simple yet effective chicane proposals? His Worship the Mayor advised that along with Cr Robinson, he attended a Public Meeting of the Slade Street residents who were unanimous that a cul-de-sac is the preferred option. Question 5: Ascot Park residents were not invited to attend the public meeting. His Worship the Mayor advised that the Public Meeting was not called by Council. Question 6: I note that there are a number of roads that link Whatley Crescent/Railway Parade with Guildford Road as you head towards the City? Is Council proposing to cul-de-sac every street in this area or are the Slade Street residents somehow different or more important than other ratepayers? His Worship the Mayor reiterated that Slade Street traffic concerns have been ongoing for more than 20 years and the Council would listen to its ratepayers and the advice from its Engineers to ensure an outcome in the best interests of all is reached. Resident - 42/81 King William Street, Bayswater Question 1: Has consideration been given to Roberts Street traffic movements in relation to safety due to the location of the school and also hill? His Worship the Mayor advised that his children both attended St Columbus Primary School and did not experience any traffic problems. However, the comments would be taken onboard. Ms Jeanette Hamilton - 31/81 King William Street, Bayswater Question 1: Has the opening of the commercial development on the corner of Slade Street and Guildford Road impacted on the number of cars using Slade Street? His Worship the Mayor, Cr Terry Kenyon, JP, referred this question to the Director of Technical Services, Doug Pearson, who advised that he could recall that the traffic counts where put out prior to the opening of the development on the corner. Question 2: The residents of 75 King William Street can only enter and exit onto King William Street. Given the proximity of the bus stop and traffic lights, there are safety issues that arise. Wouldn't putting more traffic into this area, increase the risk of a serious accident occurring? His Worship the Mayor advised that changes to Ascot Park where undertaken without Council input. Page 10 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Question 3: Around 90% of residents in Slade Street purchased their property after Ascot Park was built. They would have been aware that traffic from Ascot Park could exit onto Slade Street. Ascot Park was approved by Council prior to being built. Why is it now that the residents of Ascot Park are being discriminated against by the current Council because they choose to exit their property via Slade Street mainly fro safety reasons. His Worship the Mayor advised that the egress in and out at King William Street from Ascot Park was changed without consulting Council and the egress onto King William Street would be safer. However, the matter is up for Council consideration this evening. Public Question Time was closed at 7:44pm. 4 APPLICATIONS FOR LEAVE OF ABSENCE 4.1 Applicant: Cr Graham Pittaway Cr Graham Pittaway has requested leave of absence from 1 May 2011 through to 15 May 2011 inclusive. 4.2 Applicant: Cr Michael Sabatino Cr Michael Sabatino has requested leave of absence from 3 April 2011 through to 22 April 2011 inclusive. 4.3 Applicant: Cr Alan Radford Cr Alan Radford has requested leave of absence from 15 April 2011 through to 15 May 2011 inclusive. 4.4 Applicant: Cr Marlene Robinson Cr Marlene Robinson has requested leave of absence from 1 May 2011 through to 15 May 2011 inclusive. 4.5 Applicant: Cr Sonia Turkington Cr Sonia Turkingon has requested leave of absence from 1 May 2011 through to 5 May 2011 inclusive. 4.6 Applicant: Cr Sylvan Albert Cr Sylvan Albert has requested leave of absence from 1 May 2011 through to 5 May 2011 inclusive. Page 11 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED that Leave of Absence be granted as follows: Cr Graham Pittaway from 1 May 2011 to 15 May 2011 inclusive; Cr Michael Sabatino from 3 April 2011 to 22 April 2011 inclusive; Cr Alan Radford from 15 April 2011 to 15 May 2011 inclusive; Cr Marlene Robinson from 1 May 2011 to 15 May 2011 inclusive; Cr Sonia Turkington from 1 May 2011 to 5 May 2011 inclusive; and Cr Sylvan Albert from 1 May 2011 to 5 May 2011 CARRIED UNANIMOUSLY 5 CONFIRMATION OF MINUTES 5.1 Ordinary Meeting : 22 February 2011 COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Minutes of the Ordinary Meeting of Council held on Tuesday, 22 February 2011 which were distributed, were presented for confirmation as a true and correct record. CARRIED UNANIMOUSLY 6 DISCLOSURES OF INTEREST SUMMARY 6.1 Disclosures at the Planning and Development Services & Administration and COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED that the following disclosures at the Planning and Development Services & Administration and Community Services Committee Meeting be accepted: In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:Nil. In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:Nil. In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:Nil. CARRIED UNANIMOUSLY Page 12 ORDINARY COUNCIL MEETING MINUTES 6.2 29 MARCH 2011 Disclosures at the Technical Services and Finance & Personnel Committee COUNCIL RESOLUTION CR ALAN RADFORD MOVED, CR SONIA TURKINGTON SECONDED that the following disclosures at the Technical Services and Finance & Personnel Committee Meeting be accepted: In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:Nil. In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:Nil. In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:Date Name Item No. 22 March 2011 Cr Barry McKenna Item 1.11 – EMRC Council Meeting - 17 February 2011 22 March 2011 Cr Alan Radford Item 1.11 – EMRC Council Meeting – 17 February 2011 22 March 2011 Cr Barry McKenna Item 2.5 – Donation – Alex Murphy – 2011 Australian Rowing Championships, Adelaide CARRIED UNANIMOUSLY Page 13 ORDINARY COUNCIL MEETING MINUTES 6.3 29 MARCH 2011 Disclosures at the Ordinary Council Meeting COUNCIL RESOLUTION CR SONIA TURKINGTON MOVED, CR SALLY PALMER SECONDED that the following disclosures at the Ordinary Council Meeting be accepted: In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:Date Name Item No. 29 March 2011 Cr Barry McKenna Item 16.1.1 – Status Report – Planning Complaints / Zoning Breaches 29 March 2011 Cr Sally Palmer 29 March 2011 Item 16.3.2 – Unkempt Properties Cr Mike Anderton, JP Item 13.6.4 – Proposed Change of Use from Shop to Small Bar In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:Nil. In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:Date Name 29 March 2011 Cr Graham Pittaway Item 12.1.11 – EMRC Council Meeting – 17 February 2011 29 March 2011 Cr Alan Radford Item 12.1.11 – EMRC Council Meeting – 17 February 2011 29 March 2011 Cr Barry McKenna Item 12.1.11 – EMRC Council Meeting – 17 February 2011 29 March 2011 Cr Barry McKenna Item 12.2.5 – Donation – Alex Murphy – 2011 Australian Rowing Championships, Adelaide 29 March 2011 Cr Marlene Robinson 29 March 2011 Mr Doug Pearson 29 March 2011 Cr Terry Blanchard 29 March 2011 Cr Sylvan Albert 29 March 2011 Item No. Item 13.6.4 – Proposed Change of Use from Shop to Small Bar Item 16.2.1 – Generations Centre Family House Community Youth Project Item 11.1.7 - Proposed Landscaping and Parking for Consulting Rooms Item 13.3.4 – Maylands Business Group’s Report Cr Mike Anderton, JP Item 13.3.7 – Central Eastern Business Association’s Report 29 March 2011 Cr Graham Pittaway Item 13.3.7 – Central Eastern Business Association’s Report 29 March 2011 Mr Damien Martin Item 12.1.4 – On-street Parking - Maylands Primary Schoo CARRIED UNANIMOUSLY Page 14 ORDINARY COUNCIL MEETING MINUTES 7 29 MARCH 2011 URGENT BUSINESS COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR TERRY BLANCHARD SECONDED that the Donation – Noranda Junior Cricket Club – Trophy Day item be dealt with as Urgent Business. CARRIED UNANIMOUSLY 7.1 Donation – Noranda Junior Cricket Club – Trophy Day Applicant: Noranda Junior Cricket Club Officer: Director of Finance Application To consider an application from Noranda Junior Cricket Club for financial assistance towards its annual Trophy Day that is being held on Sunday, 3 April 2011. Background Noranda Junior Cricket Club - a not-for-profit club - is holding its annual trophy presentation day at its Deschamp Reserve Club Rooms on Sunday 3 April 2011. Approximately 85 juniors will be present on the day, together with their parents/supporters. Each child will receive a trophy. Pizzas will be provided after the presentation. The Club has extended an invitation to the Mayor to join them for the event. Comment Council has been donating to this annual event for the last few years. In March 2010, $200 was donated. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR TERRY BLANCHARD SECONDED that Council grants a donation of $200 to the Noranda Junior Cricket Club towards its annual Trophy Day event to be held on Sunday, 3 April 2011. CARRIED UNANIMOUSLY Page 15 ORDINARY COUNCIL MEETING MINUTES 8 29 MARCH 2011 PETITIONS COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the following petitions at the Ordinary Council Meeting be accepted: 8.1 Cr Michael Sabatino – PAW – Tolworth Way and Irwin Road, Embleton Cr Michael Sabatino tabled a 50 signatory petition regarding the closure of the Pedestrian Access Way (PAW) – Tolworth Way and Irwin Road, Embleton due to anti-social behaviour. A copy of the petition can be located at Appendix 7. 8.2 Cr Alan Radford – Waltham Reserve Cr Alan Radford tabled a 140 signatory petition seeking Council support to move all softball activities from Waltham Reserve to Lightning Park Sports Complex and to change Waltham Reserve from an Active Reserve to a Passive Reserve, including upgrading the existing children’s playground. A copy of the petition can be located at Appendix 8. 8.3 Cr Alan Radford – Letter from Mr and Mrs D M Craig – Waltham Reserve Cr Alan Radford tabled a letter from Mr and Mrs D M Craig supporting the proposal to make Waltham Reserve a Passive Reserve for families and to upgrade the playground equipment for the children in the area. A copy of the petition can be located at Appendix 9. 8.4 Cr Alan Radford – Letter from Mr Terry and Mrs Sandra Carter – Waltham Reserve Cr Alan Radford tabled a letter from Mr Terry and Mrs Sandra Carter supporting the proposal to make Waltham Reserve a Passive Reserve for families in particular children of the area to enjoy. A copy of the petition can be located at Appendix 10. At 7:58pm, Cr Michael Sabatino left the meeting. 8.5 His Worship the Mayor, Cr Terry Kenyon ,JP - Corella Cull His Worship the Mayor advised of the recent media statements surrounding the Corella Control Management in which Council provided in principle support for the culling, however, would rethink its decision to take part in any such activities with the Department of Environment and Conservation (DEC). His Worship the Mayor, Cr Terry Kenyon, JP tabled a petition containing approximately 300 signatures (76 signatories being ratepayers) objecting to the recent culling of Corella’s undertaken by the Department of Environment and Conservation (DEC). A copy of the petition can be located at Appendix 11. CARRIED UNANIMOUSLY Page 16 ORDINARY COUNCIL MEETING MINUTES 9 29 MARCH 2011 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Nil. At 8:00pm, Cr Michael Sabatino returned to the meeting. 10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING Nil. ORDER OF BUSINESS Items were dealt with in the following order: • • • • • 11.1.7 - 11.1.9, 11.2.5 - 11.2.6, 12.1.2 - 12.1.4, 12.1.8 - 12.1.9, 12.1.11 - 12.1.12, 12.2.4 -12.2.5, 13.1.1, 13.2.3, 13.3.4, 13.3.7, 13.6.4; En Bloc Resolutions of Items: 11.1 - 11.1.6, 11.1.10 - 11.2.4, 11.2.7 - 12.1.1, 12.1.5 - 12.1.7, 12.1.10, 12.2 - 12.2.3, 12.2.6 - 12.2.13, 13.1.2, 13.1.4 -13.2.2, 13.3.3, 13.3.5 - 13.3.6 and 13.4.1 - 13.6.3; 14, 16.1.1, 16.2.1, 16.3.2, 13.1.3, 16.3.3; En Bloc Resolutions of Confidential Items: 16.3.1, 16.5.1.1 - 16.5.2.1; and 15.1, 17. Page 17 ORDINARY COUNCIL MEETING AGENDA 11 29 MARCH 2011 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE Application To inform the Council of the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee, which was held on 21 March 2011. Background A copy of the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee, which was held on 21 March 2011, follow this report. Voting Requirements Simple Majority Required COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee which was held on 21 March 2011, be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 18 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 21 MARCH 2011 CITY OF BAYSWATER Minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee which was held in Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Monday, 21 March 2011 commencing at 7:00pm. NOTE: Committee recommendations are subject to adoption, or otherwise, at the following Ordinary Meeting of Council, as recorded in Minutes of that Council Meeting. M I N U T E S ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) Members Cr Terry Kenyon, JP, Mayor Cr Marlene Robinson Cr Sylvan Albert Cr Alan Radford Cr Graham Pittaway, OAM Cr Sonia Turkington Cr Michael Sabatino Officers Ms Francesca Lefante Mr Damien Martin Mr Joe Gomboc Mr Martyn Boyle Ms Siiri Clausnitzer Mrs Raylene Vucens Chairperson Chief Executive Officer A/Director of Planning and Development Services Manager of Building Services A/Manager of Administration Services PA to Director of Planning and Development Services PA to Director of Administration and Community Services Observers Cr Sally Palmer Cr Barry McKenna Apologies Mr Jeremy Edwards Director of Administration and Community Services Leave of Absence Mr Des Abel Director of Planning and Development Services Absent Nil. Page 19 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 21 MARCH 2011 DELEGATED AUTHORITY BY COUNCIL Delegated Authority There are no items appearing in this Minutes for which the Planning and Development Services & Administration and Community Services Committee has been granted delegated authority by Council in accordance with Section 5.23 of theLocal Government Act 1995, however this meeting is open to the Public but will be closed to receive any deputations. Terms of Reference Planning and Development Services: To consider reports and make recommendations to Council in respect to issues relating to Planning, Building, Development, Policies, Regulations and enforcement and all other aspects of the Planning and Development Services of the City of Bayswater. Administration and Community Services: To consider reports and make recommendations to Council in respect to issues relating to the delivery of services within the areas of Administration, Community and Aged, Recreation and Leisure, Libraries, Ranger and Security Services and all other aspects of the Administration and Community Services operations of the City of Bayswater. DECLARATION OF INTEREST CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED that the following Disclosures of Interest Summary at the Planning and Development Services & Administration and Community Services Committee meeting be considered: In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:Nil. In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:Nil. In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:Nil. CARRIED Page 20 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 21 MARCH 2011 CONFIRMATION OF MINUTES CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED that the Minutes of the meeting of the Planning and Development Services and Administration and Community Services Committee held on 14 February 2011, which have been circulated, are presented for confirmation as a true and correct record. CARRIED UNANIMOUSLY Deputations are closed to the public. Committee Recommendation CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED that the meeting be closed to the public and the doors were closed. At 7:03pm, the meeting was closed to the public in order to receive deputations and those present in the gallery withdrew from chambers. CARRIED UNANIMOUSLY DEPUTATIONS (i) Proposed Two (2) Lot Survey Strata Subdivision Location: File No: Lot 374, No. 13 Dorking Place, Morley No. 1 - Location Plan and Site Photo No. 2 – Survey Strata Plan SD11-0017 Applicant: Owner: Officer: Lisa Previti Maria Previti A/Director of Planning and Development Services Attachments: In relation to Item 1.6, Ms Lisa Previti (the Applicant) was in attendance from 7:06pm to 7:12pm speaking against the officer's recommendation. (Refer Page 23). (ii) Parking of Commercial Vehicle Location: File No: Lot. 222, No. 28 Weatherill Way, Noranda No. 1 - Location Plan and Site Photos No. 2 - Detailed Plans DA11-0108 Applicant: Owner: Officer: Christopher Blake Christopher Blake A/Director of Planning and Development Services Attachments: In relation to Item 1.9, Mr Christopher Blake and Mrs Erica Blake (the Applicants) were in attendance from 7:33pm to 7:53pm speaking in support of the item. (Refer Page 41). Page 21 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 21 MARCH 2011 (iii) Proposed Garage Location: File No: Lot 56, No. 34 McGilvray Avenue, Morley No. 1 - Location Plan and Site Photo No. 2 - Detailed Plans DA11-0009 Applicant: Owner: Officer: Karen Crosswell Karen Crosswell A/Director of Planning and Development Services Attachments: In relation to Item 1.4, Ms Karen Crosswell (the Applicant) was in attendance from 7:56pm to 8:00pm speaking against the officer's recommendation. (Refer Page 13). (iv) Parking of Commercial Vehicle Location: File No: Lot. 222, No. 28 Weatherill Way, Noranda No. 1 - Location Plan and Site Photos No. 2 - Detailed Plans DA11-0108 Applicant: Owner: Officer: Christopher Blake Christopher Blake A/Director of Planning and Development Services Attachments: In relation to Item 1.9, Mr Paul Uchanski (owner of No. 13 Weatherill Way), Mr Adam Uchanski, Mrs Terisa Uchanski and Ms Monika Uchanski were in attendance from 7:13pm speaking against the officer's recommendation. (Refer Page 41). At 7:22pm, Mrs Raylene Vucens withdrew from the meeting. At 7:27pm, Mrs Raylene Vucens returned to the meeting. (v) Proposed Home Occupation Location: File No: Lot. 221 No. 26 Weatherill Way, Noranda No. 1 - Location Plan and Site Photos No. 2 - Business Advertisement DA11-0107 Applicant: Owner: Officer: Denis and Karen Parker Denis and Karen Parker A/Director of Planning and Development Services Attachments: In relation to Item 1.8, Mr Paul Uchanski (owner of No. 13 Weatherill Way), Mr Adam Uchanski, Mrs Terisa Uchanski and Ms Monika Uchanski remained in attendance until 7:32pm speaking against the officer's recommendation. (Refer Page 33). At the Deputation, Mr Paul Uchanski (Owner of No. 13 Weatherill Way, Noranda) tabled a letter from Mr Dion Simic, owner of No. 11 Weatherill Way, Noranda. (Refer to Confidential Attachment No. 3) and a usb flash drive. Page 22 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 21 MARCH 2011 (vi) Proposed Home Occupation Location: File No: Lot. 221 No. 26 Weatherill Way, Noranda No. 1 - Location Plan and Site Photos No. 2 - Business Advertisement DA11-0107 Applicant: Owner: Officer: Denis and Karen Parker Denis and Karen Parker A/Director of Planning and Development Services Attachments: In relation to Item 1.8, Mr Denis Parker and Mrs Karen Parker (Applicants) were in attendance from 8.03pm to 8:12pm speaking in support of the item. (Refer Page 33). Committee Recommendation CR SYLVAN ALBERT MOVED, CR ALAN RADFORD SECONDED that the meeting be reopened to the public. CARRIED UNANIMOUSLY At 8:13pm, those present were invited back into the chambers and the meeting resumed. PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE DECISION – ORDER OF BUSINESS CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED to bring forward Items in the following order: Item 1.6, 1.8 1.9, 1.11, 2.6, 1.16, 3.1.1. All remaining items were carried by en bloc resolution. CARRIED UNANIMOUSLY Page 23 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 11.1 Planning and Development Services 11.1.1 Council Ratification of Planning Determinations under Delegated Authority Attachment: Delegated Authority - 01/02/2011 – 28/02/2011 Officer: A/Director of Planning and Development Services Application The development applications contained in Attachment 1 have been determined in accordance with the Scheme requirements, Residential Design Codes and the City’s policies. Startstrip - This line will not be printed Please do NOT delete Voting Requirements Simple Majority Required. Endstrip - This line will not be printed Please do NOT delete COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council receive the Planning Determinations issued for the period 1 February 2011 to 28 February 2011 by the City’s Director of Planning and Development Services and Manager of Planning Services in accordance with the City’s Policy – Delegated Authority, as contained in Attachment No. 1. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 24 ORDINARY COUNCIL MEETING MINUTES 11.1.2 29 MARCH 2011 Subdivision and Amalgamation Responses under Delegated Authority Attachment: Delegated Authority Subdivisions - 01/02/2011 – 28/02//2011 Officer: A/Director of Planning and Development Services Application The subdivision and amalgamation applications contained in Attachment 1 comply with the provisions of the City’s Town Planning Scheme No. 24, have been processed accordingly, and a recommendation returned to the Western Australian Planning Commission. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDEDthat Council receive the subdivision and amalgamation applications for which comment has been provided to the Western Australian Planning Commission for the period 1 February 2011 to 28 February 2011, as contained in Attachment No. 1. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 25 ORDINARY COUNCIL MEETING MINUTES 11.1.3 29 MARCH 2011 Building Licences Issued under City’s Policy for Single Residential Development Attachment: Delegated Authority - 01/02/2011 – 28/02/2011 Officer: A/Director of Planning and Development Services Application The building applications for single residential development contained in Attachment 1 have been issued with a building licence in accordance with the Building Code of Australia, Residential Design Codes and the City’s policies. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council receive the Building Licences issued for single residential development for the period 1 February 2011 to 28 February 2011 by the City’s Building Services Section, in accordance with the Building Code of Australia, Residential Design Codes and the City’s policies, as contained in Attachment No. 1. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 26 ORDINARY COUNCIL MEETING MINUTES 11.1.4 29 MARCH 2011 Proposed Garage Location: Lot 56, No. 34 McGilvray Avenue, Morley Attachments: No. 1 - Location Plan and Site Photo No. 2 - Detailed Plans File No: DA11-0009 Applicant: Karen Crosswell Owner: Karen Crosswell Officer: A/Director of Planning and Development Services Application MRS Form One (1) dated 11 January 2011 and plans dated 7 December 2010 have been received for a proposed garage at Lot 56, No. 34 McGilvray Avenue, Morley. Council consideration is required as McGilvray road is a distributor road under the City’s Town Planning Scheme No. 24 (TPS 24), which requires access to be in forward gear. The proposed garage will allow vehicular access onto McGilvray Avenue to be in reverse gear. The applicant provided the following justification for the proposal: 1. The proposed area is an improvement on the existing driveway, which currently requires access onto McGilvray Avenue to be in reverse gear. 2. To provide safe and secure access from the rear of the proposed garage to the existing dwelling. 3. If the garage is to be relocated to use the common property access leg for reversing, it would obscure all front windows and necessitate the driveway to run across the entire front of the existing house. This would radiate additional heat through the front windows and will not present an aesthetically pleasing streetscape. Background Town Planning Scheme No. 24 Zoning: Residential R20/25 Use Class: Single House – ‘P’ Lot Area: 732m² Existing Land Use: Residential Surrounding Land Use: Residential, Drainage Reserve Size/Nature of Proposed Development: Garage Page 27 ORDINARY COUNCIL MEETING MINUTES SCHEME PROVISIONS Setbacks Minimum Front (W) Average Front (W) Side (N) Side (S) (Common property) 29 MARCH 2011 REQUIRED PROVIDED 4.5m 6.0m 0m 1.0m 4.2m 7.4m 0m 6.2m 50% 60% Open Space The Western Australian Planning Commission (WAPC) approved a two (2) lot survey strata subdivision at the subject property on 4 February 2010. A condition of the subdivision approval is for the retained single house to comply with the grouped dwelling requirements of the Residential Design Codes (R Codes). An advice note on the conditional approval explained that two (2) car bays were to be constructed prior to the issue of clearance for the subdivision. McGilvray Avenue is a distributor road and is a Category ‘B’ under the Metropolitan Road Hierarchy (MRH). In consultation with local governments, Main Roads created the MRH to designate the role of all roads and encourage uniform traffic management of roads of the same type. Under the MRH, Category ‘B’ roads carry traffic between industrial, commercial and residential areas of large volumes, which connect to a primary distributor road. These roads are generally older with a traffic demand in excess of that originally intended. Comment Compliance with the Scheme and R Code Requirements Assessment of the application indicates that the proposed development complies with the acceptable development provisions of the R Codes, Town Planning Scheme No. 24 (TPS 24) and Council policy, with the exception of a variation to the front setback and vehicular access to be in reverse gear. The applicant proposes to demolish the existing garage to allow for common property to access the proposed rear lot. There is not sufficient room between the property line and the existing house to accommodate a garage with a turning area. Engineering Comment McGilvray Avenue connects Malaga Drive and Widgee Road to Benara Road and Morley Drive. Malaga Drive then connects to Reid Highway and Benara Road connects to Tonkin Highway. The subject property is adjacent to a ‘T’ junction intersection with Crowhurst Way. It has a 60 kilometre per hour speed zoning and current traffic volume is approximately 6,000 vehicles per day with an expectation to grow with infill development. When McGilvray Avenue was first developed the traffic volume was subsequently less than it is currently. As a result of this, forward gear access to McGilvray Avenue was not required. McGilvray Avenue is now a Local Distributor Road requiring forward gear access. It is recommended that reverse access onto distributor roads are to be limited where possible and future development is to accommodate on site manoeuvring. It is considered that reversing onto McGilvray Avenue is not desirable at the subject site due to the location near the ‘T’ junction. Page 28 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The R Codes acceptable development standards require vehicles to enter the street in forward gear where the public street to which it connects is designated as a primary distributor, district distributor or an integrated arterial road. The current proposal of accessing McGilvray Avenue in reverse gear is not considered to be appropriate. It is considered that access onto McGilvray Avenue in a forward gear can reasonably be achieved as part of the redevelopment of the subject property. Liveable Neighbourhoods ‘Liveable Neighbourhoods’ operates as a development control policy, or code, to facilitate the development of sustainable communities. Element Two (2) of the Liveable Neighbourhoods document sets out the approach to determining movement networks, street design and construction, and public transport. The emphasis is upon connectivity, amenity and integration to achieve safe, efficient and attractive street networks. Liveable Neighbourhoods state that: “Vehicles reversing directly out of driveways into the moving traffic stream where ultimate traffic volume will be over 5,000 vehicles per day should be avoided.” The current traffic volume on McGilvray Avenue is approximately 6,000 vehicles per day with an expectation to grow with infill development. Front Setback The acceptable development provisions of the R Codes require a garage to have a front setback of 4.5 metres. The application proposes the garage to have a front setback of 4.2 metres. Whilst the proposal does not comply with acceptable development standards, the variation is not considered to unduly impact on the adjoining properties or on the streetscape. Other The submission from the applicant stated that if the garage is to be relocated to use the common property access leg for reversing, it would obscure all front windows and necessitate the driveway to run across the entire front of the existing house. This is not necessarily considered the case as the proposed garage can be rotated 90 degrees to accommodate for reversing onto the common property. The garage would not obscure any windows and would meet acceptable development standards of the R Codes in relation to setbacks. This would achieve manoeuvring requirements to access McGilvray Avenue in forward gear. In light of the above, the proposal is recommended for refusal. Summary The application proposes a garage that will allow vehicular access to McGilvray Avenue to be in reverse gear. There are alternative ways to access McGilvray Avenue in forward gear that can be readily accommodated on the subject property. It is considered that the proposed garage does not provide for a vehicle manoeuvring area onsite, which is unacceptable. The proposal is recommended for refusal. Voting Requirements Simple Majority Required. Page 29 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval for the proposed garage be refused at Lot 56, No. 34 McGilvray Avenue, Morley for the following reason: 1. The proposal to allow vehicular access into McGilvray Avenue in reverse gear is not considered to meet the Liveable Neighbourhoods policy, Main Roads requirements or Residential Design Codes requirements. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 30 ORDINARY COUNCIL MEETING MINUTES 11.1.5 29 MARCH 2011 Proposed Two (2) Storey Single House Location: Lot 804, No. 1A Aughton Street, Bayswater Attachments: No.1 - Location Plan and Site Photo No. 2 - Detailed Plans File No: DA10-0849 Applicant: J Corp Owner: Nebojsa Badivuk Officer: A/Director of Planning and Development Services Application An MRS Form 1 and plans dated 24 November 2010 have been received for a two (2) storey single house at Lot 804, No.1A Aughton Street, Bayswater. Council consideration is required to consider a variation to the average and maximum heights of the proposed boundary/parapet wall and overshadowing of 28.4% of the neighbouring property at Lot 805, No. 4A Anzac Street. One (1) objection has been received from the adjoining landowner at No. 4A Anzac Street. Background Town Planning Scheme No. 24 (TPS 24) Zoning: Residential R17.5/25 Use Class: Single House – ‘P’ Lot Area: 368m² Existing Land Use: Vacant Surrounding Land Use: Residential Size/Nature of Proposed Development: Two (2) Storey Single House SCHEME PROVISIONS Setbacks SE (Front) NE (Secondar y Street) NW (Rear) SW (Side) REQUIRED Min 3.0m Ave 6.0m PROVIDED Min 4.8m Ave 6.0m 1.5m/1.5m 1.5m/3.0m 1.0m/1.6m 3.4m/3.4m 1.5m/7.2m 0.0m*/2.4m 50% 2 bays 6.0m 9.0m 52.5% 2 bays 5.5m 8.0m Open Space Parking Maximum Wall Height Maximum Roof Pitch Height * Objection provided from affected adjoining landowner. Page 31 ORDINARY COUNCIL MEETING MINUTES PARAPET/BOUNDARY WALL ACCEPTABLE DEVELOPMENT STANDARDS Maximum Wall Height 29 MARCH 2011 REQUIRED PROVIDED 3.0m 3.7m* Max. Average Wall Height 2.7m 2.9m Maximum Wall Length 9.0m 6.2m * The additional height is concentrated in the feature wall elements at the front and rear of the proposed garage boundary/parapet wall. Submission One (1) objection has been received from the owner of No.4A Anzac Street, Bayswater with regard to the following proposed variation to the requirements of the Residential Design Codes (R Codes): • • • Maximum boundary/parapet wall height up to 3.7m in lieu of the maximum permitted boundary/parapet wall height of 3.0m; Average boundary/parapet wall height of 2.8m in lieu of the permitted average boundary/parapet wall height of 2.7m; and An overshadowing provision of 28.4% of the neighbouring property at No. 4A Anzac Street Bayswater in lieu of the permitted 25%. The neighbouring landowner’s submission also indicated concerns with the following aspects of the proposal: • The location and size of the openings to the upper floor bedroom two (2) and the upper floor bathroom facing the southwest lot boundary. The neighbouring landowner has indicated in their submission that the proposed variations will impact negatively upon the outdoor living area within the property and that the proposed upper floor openings will unduly affect privacy within the outdoor living area. The applicant has declined to provide comments in response to the neighbouring landowners concerns. Comment Assessment of the application indicates that the proposed single house complies with TPS 24, the acceptable development standards of the Residential Design Codes (R Codes) and Council policies with the exception of the maximum and average boundary/parapet wall heights and the degree of overshadowing. Boundary/Parapet Wall The application proposes one (1) boundary/parapet wall abutting the southwest lot boundary with a maximum height of 3.7m and an average height of 2.8metres and a length of 6.2m. The acceptable development provisions of the R Codes may permit a maximum height of 3.0m an average height of 2.7m and a maximum length of 9.0m to one (1) side boundary only. Although the proposed parapet/boundary wall exceeds the maximum height allowance of the R Codes by 0.7m this additional height is concentrated within the feature wall elements located at the front and rear of the proposed garage. These wall elements each measure 0.2m in width at the front and rear of the wall. The majority of the wall along the boundary has a height of between 2.6m and 2.75m. Page 32 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Clause 6.3.2 of the R Codes “Building on the Boundary” requires boundary walls to comply with the provisions except where otherwise provided for in a local planning policy. The City’s policy for boundary walls states that any wall within 1.0 metre of a boundary that does not comply with the acceptable development provisions requires neighbour’s comment. Where an objection is received the development is required to be determined under the performance criteria. The relevant performance criteria of the R Codes states: “Buildings built up to boundaries other than the street boundary where it is desirable to do so in order to: • make effective use of space; or • enhance privacy; or • otherwise enhance the amenity of the development; and • not have any significant adverse effect on the amenity of the adjoining property; and • ensure that direct sun to major openings to habitable rooms and outdoor living areas of adjoining properties is not restricted”. The boundary/parapet wall is considered to assist in facilitating the effective use of space within the subject site. Assessment of the application also indicates that the wall will abut the neighbouring limestone retaining wall and boundary/parapet wall of the garage at Lot 805, No. 4A Anzac Street, Bayswater. The proposed garage boundary/parapet wall will be approximately 1.0m below the natural ground level of the neighbouring site. The proposed boundary/parapet wall will extend approximately 0.6m beyond the end of the neighbouring boundary/parapet wall. The remainder of the wall will abut the limestone retaining wall and dividing fence of Lot 805, No. 4A Anzac Street, Bayswater. The impact of the wall in respect to its overall bulk and scale is not considered to be significant particularly as it located below the natural ground level of the neighbouring site and abuts an existing retaining wall and the neighbouring garage boundary/parapet wall. Although the proposed wall exceeds the acceptable development provision maximum height of 3.0m, being up to 3.7m in height the bulk of this additional height is not considered to be of major consequence as it is concentrated within the feature elements at the front and rear of the garage. It is considered that the proposed wall will not unduly affect the amenity of the neighbouring property at Lot 805, No. 4A Anzac Street, Bayswater. Given the above it is considered that that the proposed variations with regard to maximum and average wall heights meet the intent of the performance criteria of the R Codes and are recommended for approval. Overshadowing The acceptable development criteria of clause 6.9 of the R Codes states that under a R25 zoning a property may not overshadow more than 25% of the neighbouring lot as calculated at midday on the 21st day of June. Assessment of the proposal indicates that 28.4% of the neighbouring property will be overshadowed at this time. As the proposed overshadowing does not comply with the acceptable development criteria it has been assessed under the relevant performance criteria which states the following: “Development designed to protect solar access for neighbouring properties taking account the potential to overshadow: • outdoor living areas; • major openings to habitable rooms; • solar collectors; or balconies or verandahs.” Page 33 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The submission from the neighbouring landowner indicated concerns that the proposed development would result in shadow being cast over the outdoor living area within Lot 805, No. 4A Anzac Street, Bayswater. Assessment of the application indicates that the area of Lot 805, No. 4A Anzac Street, Bayswater whereupon shadow from the proposed development would fall contains a roofed outdoor living area, major openings to the family and dining rooms and solar collectors located upon the roof of the house. The proposed overshadowing of the neighbour lot is considered to unduly affect the amenity of the neighbouring property and does not meet the performance criteria of the R Codes. Furthermore, it is considered that there are ample opportunities for the applicant to amend the proposal to comply with the overshadowing provisions of the R Codes, particularly as the subject site sits at a lower ground level than the neighbouring site. It is also noted that the proposed single house is setback 3.1m from the secondary street frontage where a setback of 1.5m could be achieved under the acceptable development criteria. Accordingly the proposed overshadowing variation is not considered to meet the performance criteria of the R Codes. Condition 1 of the officer’s recommendation requires that the proposal is amended to comply with the overshadowing provisions of the R Codes. Visual Privacy The neighbouring landowner has commented that the openings to the upper floor of the proposed single house will adversely affect the amenity of the outdoor living area of the property as occupants of the proposed dwelling may be able to view into these areas. Assessment of the application indicates that it complies with the privacy provisions of the R Codes. The opening to bedroom two (2) is not considered to be a major opening as it is indicated as a highlight opening with a sill height 1.65m above floor level. The other opening on the upper floor addressing the southwest lot boundary is to a non-habitable room (bathroom) and is therefore not considered to be a major opening and is not subject to a privacy setback assessment under the R Codes. The plans provided indicate that the proposed opening to the bathroom is to have a sliding window and is to contain obscured infill material. There are no requirements under the R Codes or the Building Code of Australia to have fixed openings to bathrooms. As such the proposed opening to the upper floor bathroom is compliant. Other Matters The neighbouring landowner has verbally indicated their concern with the proposed location of the air conditioner compressor unit for the ground floor kitchen. The compressor unit is indicated as being adjacent to the southwest boundary of the subject site. The landowner has indicated that noise from the unit may negatively impact upon the outdoor living area within Lot 805, No. 4A Anzac Street, Bayswater. Clause 6.10.2 of the R Codes does not prescribe exact locations for external fixtures on dwellings beyond that they should not be visible from the street and should not be generally visually obtrusive. Given the proximity of the compressor to the outdoor living area of Lot 805, No. 4A Anzac Street, Bayswater it is considered that the applicant should provide an acoustic report to the City prior to the issue of a building licence. Any recommendations arising from the report with regard to noise attenuation should be indicated and implemented in accordance with a building licence approval as required by condition 6 of the officer's recommendation. Page 34 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 In the event that issues should arise regarding noise from the subject site the City’s Environmental Health may conduct an investigation as the compressor unit is required to meet relevant noise requirements. Summary Assessment of the application indicates that the application complies with the R Codes, TPS 24 and City's policy with the exception of the maximum and average wall height of the proposed garage boundary/parapet wall and the degree of overshadowing of the neighbouring property. The proposed boundary/parapet wall is considered to meet the performance criteria of the R Codes and is recommended for approval. The proposed overshadowing of 28.4 percent of the neighbouring lot is considered to unduly affect the amenity of the neighbouring property and is not supported. The proposal is recommended for approval subject to conditions, including a condition requiring the proposal to be redesigned to ensure that the overshadowing meets the acceptable development criteria. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval be granted for a proposed two storey single house at Lot 804, No. 1A Aughton Street, Bayswater in accordance with the application DA10-0849 and plans dated 24 November 2010, subject to the following planning conditions:. 1. Amended plans being provided to demonstrate overshadowing of no more than 25 percent of the neighbouring property at Lot 805, No. 4A Anzac Street, Bayswater in accordance with clause 6.9 of the Residential Design Codes to the satisfaction of the City. 2. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. 3. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 4. The development complying with any details marked in red on the approved plans. 5. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. 6. An acoustic report to be provided with respect to the refrigeration compressor prior to the issue of a building licence and any recommendations contained therein to be indicated on the approved building licence plans and implemented to the satisfaction of the City. Page 35 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 7. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961. 8. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. 9. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. Where the Water Corporation reticulated sewer is not available the premises are to be connected to an approved wastewater treatment system which complies with the requirements of the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage Policy Perth Metropolitan Region. 10. Any existing septic system is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997. 11. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater. 12. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence. 13. The existing and/or proposed driveways being constructed with brick paving or concrete to the satisfaction of the City of Bayswater. 14. All highlight openings to have a minimum sill height at least 1.65m above floor level. 15. The approved parapet/boundary wall and footings abutting the southwest boundary must be constructed wholly the subject allotment. The external surface of the parapet/boundary wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 36 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: This item was dealt with as the first item of business. 11.1.6 Proposed Two (2) Lot Survey Strata Subdivision Location: Lot 374, No. 13 Dorking Place, Morley Attachments: No. 1 - Location Plan and Site Photo No. 2 – Survey Strata Plan No. 3 - Plan Tabled by Applicant - 21 March 2011 File No: SD11-0017 Applicant: Lisa Previti Owner: Maria Previti Officer: A/Director of Planning and Development Services Application WAPC request for comment and proposed survey strata subdivision plan received on 27 January 2011 have been forwarded to the City for comment on a two (2) lot survey strata subdivision at Lot 374, No. 13 Dorking Place, Morley. The applicant wishes to keep the existing dwelling on the proposed front lot (proposed Lot 1) while demolishing and clearing any buildings or structures remaining on the proposed rear lot (proposed Lot 2). Council consideration is required as the proposed subdivision involves a significant variation to minimum lot size. Background Town Planning Scheme No. 24 Zoning: Residential R20/25 Use Class: Residential – ‘P’ Lot Area: 782m² Existing Land Use: Single House Surrounding Land Use: Residential Size/Nature of Proposed Development: Two (2) Lot Survey Strata Subdivision SCHEME PROVISIONS REQUIRED PROVIDED 320m² 419m² 50% 37% 2 car bays 2 car bays 30m² 31.6m² 320m² 280m² (effective area) Proposed Lot 1 Minimum Lot Area Open Space Parking Outdoor Living Area Proposed Lot 2 Minimum Lot Area Page 37 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 An adjoining landowner of the property at No. 13 Dorking Place had previously submitted a formal request to the City in January 2011 which would entail the redevelopment of the verge area across Dorking Place in order to facilitate visitor parking bays. The verge redevelopment proposal is considered relevant to this application as the proposed area of works abuts the area where the access leg will be located for the rear lot. However, it should be noted that The City was unable to accede with this request as the proposal would have involved parking that was not in the same direction of the flow of traffic; contravening the Road Traffic Code 2000 and the City's Parking and Parking Facilities Local Law 2004. In addition, it would have caused difficulties for rubbish trucks to enter the street and turn around in the cul-de-sac. Comment Whilst it is common practice to have the access leg either entirely common property, or entirely part of the rear lot, the applicant has proposed an access leg which consists of 8.4 metres of common property and 18.0 metres which is devoted to the rear lot. If viewed as a battleaxe arrangement, where the access leg forms part of the rear lot, the Residential Design Codes (R Codes) require an area 445m² total with an effective area of at least 356m² (area excluding the access leg). The proposed rear lot size of 336m² and effective lot area of 280m² is significantly short of the figures stipulated in the R Codes. If viewed as a regular lot arrangement, where the access leg is not exclusive to the rear lot, the R Codes require a minimum area of 320m². This figure is subject to a five (5) percent variation by the WAPC which allows a minimum of 304m². The effective area of the rear lot of 280m² is less than the 320m² as stipulated in Table 1 of the R Codes and does not fall within the five (5) percent variation. The City is unsupportive of such an arrangement, as the proposal would not meet the minimum lot areas for either a battleaxe arrangement or for a regular lot arrangement. The reduced lot area is considered to facilitate development which could lead to a form of housing which is not consistent with that of the surrounding land and would adversely impact on the amenity and character of the area. R Code Requirements for Proposed Lot 1 The applicant has made appropriate arrangements such that proposed lot 1 will be able to provide two (2) parking bays and a 30 m² outdoor living area. However, it is considered that the proposed lot 1 will not meet the provisions of the R Codes, with regards to open space, without significant modifications. Whilst the applicant is proposing modifications to the dwelling in order to facilitate a three (3) metre accessway, the proposal does not meet open space requirements. After subdivision, proposed lot 1 will exhibit approximately 37 percent open space with the existing dwelling remaining. The figure is a considerable variation from the 50 percent open space permitted for properties zoned R25 (under Table 1 of the R Codes). This reduced open space is considered to detract from the streetscape and have a negative impact on the amenity of the area. Directions 2031 Directions 2031 is the most recent State Government framework which provides strategic directions on urban growth across the Perth Metropolitan Area. One of the key objectives of Directions 2031 is to encourage infill development within already developed urban areas. It should be recognised that the subject site is within an existing urban area and the proposal, despite being under minimum lot sizes, can be considered as adhering to the strategic framework of Directions 2031. Page 38 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Nonetheless, the City considers that the rear lot size is below what is reasonable in terms of facilitating infill development. The effective area of 280m² is significantly less than what is stipulated under the R Codes. The proposal is considered to result in lots which are not in line with the orderly and proper planning of the locality and approval is considered to have a detrimental impact on the amenity of the surrounding area. WAPC Recommendation The WAPC is the determining authority for subdivision. The officer’s recommendation has therefore included a list of standard conditions for consideration should the WAPC be prepared to support the application. Summary The applicant has applied for a survey strata subdivision which involves an access leg partly made up of common property and partly allocated to the use of the rear lot. The effective area of the rear lot is 280m² entails a significant variation to the minimum allowable lot areas. The reduced lot size is considered to have a detrimental affect on amenity and character of the area. The application is therefore recommended for refusal. Voting Requirements Simple Majority Required. Officer's Recommendation 1. The Western Australian Planning Commission be advised that the City of Bayswater does not support proposed two (2) lot survey strata subdivision at Lot 374, No. 13 Dorking Place, Morley for the following reasons: (a) The proposed subdivision will result in the creation of a lot where the effective area of the rear lot does not meet the minimum lot area requirement for areas coded R25. (b) Approval of the subdivision would set an undesirable precedent for further subdivision in the locality. 2. The City to advise that if the Western Australian Planning Commission is prepared to support the proposal despite the advice of the City of Bayswater, the following conditions be included on any conditional approval: (a) All septic sewer systems including all tanks and pipes and associated drainage systems (soakwells or leach drains) and any stormwater disposal systems are to be decommissioned, removed, filled with clean sand and compacted. (b) All buildings having necessary clearance from the new boundaries as required by the relevant town planning scheme. (c) All buildings, outbuildings and/or structures (including swimming pools) being demolished and materials removed from the proposed Lot 2 and common property. (d) The existing dwelling to be retained is to be upgraded to comply with the requirements of the Residential Design Codes to the satisfaction of the local government, including but not limited to the following: (i) (ii) The provision and construction of two (2) car bays; The provision of a permanent enclosed storage facility and adequate provision for rubbish storage; Page 39 ORDINARY COUNCIL MEETING MINUTES (e) 29 MARCH 2011 (iii) The provision of an 30m² outdoor living area, with a minimum dimension of four (4) metres; and (iv) The provision of adequate stormwater storage within the lot. The common property access leg achieving a minimum width of 3.0m unencumbered and clear of any obstructions. (f) The common property access way being constructed and drained at the subdivider’s cost to the satisfaction of the City of Bayswater. (g) A 3 (three) metre x 3 (three) metre truncation is to be provided at the junction of the accessway and the proposed Lot 2. (h) Suitable arrangements being made with the City of Bayswater for the provision of vehicular crossovers to service the lots shown on the proposed plan of subdivision. (i) The existing bitumen crossover to be removed and the verge reinstated to the satisfaction of the City of Bayswater. At the Planning and Development Services & Administration and Community Services Committee Meeting: Committee Discussion At the Deputation, Ms Lisa Previti (Applicant) tabled a plan of the subject property. (Refer to Attachment 3). The Committee considered the officer's recommendation and decided to defer the item to enable officers to further consider the revised plan tabled at the meeting. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the item be deferred to enable officer assessment of the amended plan tabled at the Committee Meeting. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 40 ORDINARY COUNCIL MEETING MINUTES 11.1.7 29 MARCH 2011 Proposed Landscaping and Parking for Consulting Rooms Location: Lot 179, No. 175 Whatley Crescent, Bayswater Attachments: No.1 - Location Plan and Site Photos No. 2 - Detailed Plans File No: DA11-0123, SD11-0009 Applicant: Christopher Williams Owner: Christopher Williams Officer: A/Director of Planning and Development Services CR TERRY BLANCHARD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Terry Blanchard declared an impartial interest in this item as the owner is my dentist and therefore, he knows him. Cr Blanchard remained in the room during voting on this item. Application MRS Form 1 and plans dated 23 February 2011 have been received for proposed landscaping and parking bays for existing consulting rooms at Lot 179, No. 175 Whatley Crescent, Bayswater. The Western Australian Planning Commission has requested a recommendation from the City in regard to a proposed three (3) lot survey strata application. The owner/applicant submitted a subdivision application to the Western Australian Planning Commission (WAPC). The City received a survey strata plan and a letter requesting comment from the WAPC on 13 January 2011. The City requested that a development application be sought in order to demonstrate that the proposal could meet the provisions of TPS 24 with regards to car parking and landscaping. Council consideration is required as the proposed subdivision will incur a reduced minimum lot size, reduced rear setback and variations to landscaping provisions for consulting rooms as required under Town Planning Scheme No. 24 (TPS 24). In support of the application, the applicant has advised the following: • The dental clinic has only one (1) practitioner and is a relatively small operation compared to that of other medical consulting rooms. • The reduced lot size of the dental consulting rooms will still provide sufficient area for car parking. • The reduced rear set back will not have any impact on existing lots as there is no material change to the location of the current clinic. The reduced setback will be obvious to any prospective purchasers of the land. • The application will lead to an improvement in the current external appearance of the clinic and an improvement to parking and access. • The provision of two (2) residential lots will make better use of land which is in close proximity to public transport and town centre services and facilities. Background Town Planning Scheme No. 24 Zoning: Residential R25 Use Class: Consulting Rooms - 'D' Lot Area: 1,231 m² Page 41 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Existing Land Use: Consulting Rooms Surrounding Land Use: Residential and Railway Reserve Size/Nature of Proposed Development: Three (3) Lot Survey Strata Subdivision with Front Lot Retained as Consulting Rooms SCHEME PROVISIONS REQUIRED PROVIDED 6m 1.5m 1.5m 6m 13.5m 3.2m 3.5m 1.24m 1,000m² 320m² 320m² 440m² 306m² 322m² Maximum Site Cover 30% 28.4% Plot Ratio 0.3 0.284 Minimum Frontage 20m 19.74m 10% with a 2m strip along street frontage 12.7% with a 0.2m to 3.2m strip along street frontage 7 car bays 7 car bays Setbacks Front (NW) Side (NE) Side (SW) Rear (SE) Minimum Lot Area Lot 1 (consulting rooms) Lot 2 (residential) Lot 3 (residential) Landscaping Parking The City of Bayswater granted approval for the construction of dental consulting rooms at the subject site in November 1971. The rear portion of the consulting rooms has remained undeveloped for a long period of time as parking has been provided within the primary street setback area. Whilst there is no limit on the number of practitioners who can be employed, TPS 24 limits the number of practitioners at any one time to a maximum of two practitioners. Comment The application has been considered against the provisions of the City’s Town Planning Scheme No 24 (TPS 24) and policies, and the Residential Design Codes (R Codes). The main areas for consideration on this proposal are: 1. 2. 3. 4. Minimum lot size for medical consulting rooms; Minimum Lot Frontage; Rear Setback; Provision of landscaping along the street frontage. Minimum Lot Size TPS 24 stipulates a minimum lot size of 1,000m² for consulting rooms (medical). By subdividing, the applicant is proposing a minimum lot size of 440m², a variation of 560m². Page 42 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Clause 8.2.1 of TPS 24 states that Council has the ability to approve variations to the prescribed minimum lot sizes where it is satisfied that the proposal is consistent with the orderly and proper planning of the locality, will not adversely impact on the amenity of existing or future residents or adversely affect the likely future development of the locality. Whilst there is no change proposed to the consulting rooms' buildings, the reduced lot size is considered to decrease the future flexibility of uses for the proposed lot. Although the applicant has agreed to only one (1) practitioner operating from the site at any one time, consulting rooms generally seek to have a minimum of two (2) practitioners, which can be considered to be the optimal intensity in a residential context. The existing building contains four rooms and therefore has the capacity for additional practitioners to operate from the site in accordance with the Scheme. The reduced lot size of 440m² limits the area available on the site for the provision of additional parking and service areas, and therefore is considered to reduce the flexibility of the site for future development. Rear Setback The applicant has proposed a rear set back of 1.24 metres in lieu of the allowable six (6) metres under TPS 24. The six (6) metre rear setback provision is to accommodate an appropriate distance between the dental consulting rooms and any adjoining land use at the rear. In this case, the reduced setback is a function of the proposed subdivision configuration, and it is acknowledged that a significant setback variation is sought to ensure compliance with the minimum lot sizes and facilitate the creation of two rear residential lots. By locating the proposed two residential lots with a 1.24 metre setback from the existing consulting rooms, there is the possibility of impacts to the amenity of future residents living in close proximity to the consulting rooms from potential noise from air compressors, delivery/customer vehicles and other activities generally associated with dental consulting rooms. Whilst there are areas which provide for mixed use development within the City, the site is located in a solely residential context, and there is the expectation that amenity should be commensurate with the residential zoning of the site. The proposed reduced rear setback is considered to have the potential to result in adverse amenity impacts to the proposed rear residential lots and is not supported. Landscaping While the application meets the 10 percent landscaping requirement, a variation is being sought to the required two (2) metre strip along the street frontage. The applicant has proposed a strip which is 0.2 metres at the east side of the frontage and extends to 3.2 metres at the west side of the frontage. The subject allotment is not aligned parallel to the street which accounts for this deviation. The variation is sought in order to allow appropriate manoeuvring space for vehicles within the car parking area. The landscaping at the front meets an average width of 1.7 metres across the lot. The applicant has provided the City with a landscaping plan which indicates a number of ‘Magnolia Littlegem’ trees and ‘Medium Scrub’ bushes which are considered to partially screen the parking bays from view of the street and are also considered to positively contribute to the streetscape. Car Parking Parking for consulting rooms is calculated at a rate of five (5) parking bays per practitioner and one (1) bay per staff member under TPS 24. The applicant has indicated that only one (1) practitioner will operate at any one time and a maximum of two (2) staff members will be present at any one time; being one (1) nurse and one (1) receptionist. The applicant has provided seven (7) parking bays including two (2) tandem staff bays and one (1) disabled bay, in accordance with Australian Standards. Page 43 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The City’s Technical Services has advised the proposed parking arrangement results in difficulties for ingress into the westernmost parking bay as the driver would not be able to enter this bay in one turn. However, it was also noted that the proposed arrangement is the most appropriate in terms of providing the correct number of parking bays under TPS 24 and overall provides a satisfactory outcome for vehicle manoeuvrability in the context of only one practitioner being permitted. The proposed parking arrangement on the reduced lot area for the consulting rooms is considered to meet with the intent of the Scheme requirement, however the reduced lot size would preclude the site being adapted for additional practitioners and therefore is considered to limit the future development of the site. Residential Subdivision of Rear Lots The applicant is proposing to subdivide the rear of the existing lot into two (2) additional residential lots. The proposed lot sizes are 306m² and 322m². While the proposed 306m² lot does not meet the minimum of 320m² as stipulated under the R Codes, it falls within the five (5) percent variation which can be considered by the WAPC. The City's Technical Services Department has advised that the proposed lot configuration would result in vehicular access to proposed Lot 3 which is not considered an acceptable access arrangement. In this regard, if the development on Lot 2 was constructed first, it would then be difficult for trucks and construction vehicles to access proposed Lot 3. It is further considered that without adequate access for construction vehicles, there is the potential to cause spill-over traffic problems on to proposed Lot 1 and onto Whatley Crescent. Whatley Crescent is classified as a 'Local Distributor Road' and any spill-over of construction vehicles or conflict with vehicles entering and leaving the site at the same time could have a significant impact on vehicular/pedestrian safety and traffic flows on Whatley Crescent. The creation of the two rear residential lots is considered to limit the ability of the consulting rooms to be utilized in accordance with the Scheme. Similarly, the current lot configuration would be problematic for passing of vehicles or delivery vehicles (i.e. removalists). When combined with the proximity of the lots to the consulting rooms, these factors are considered to have the potential to unduly impact on the amenity of future residents to the detriment of the locality. Based on the above, the proposed subdivision is recommended for refusal. Summary The proposal incurs a number of inconsistencies with TPS 24. In particular, the applicant is proposing a significant variation to the minimum lot size and rear setback for medical consulting rooms which is considered to have the potential to unduly impact on the amenity of the surrounding residential area. Whilst the applicant has attempted to ameliorate these issues and the landscaping and car parking are considered to meet the scheme requirement, the associated subdivision is considered to result in difficulties with regard to vehicle manoeuvrability and access for construction vehicles to the rear lots. The proposal is considered to reduce the ability of the consulting rooms to be adapted for future use which is considered to adversely affect the future development of the locality. Page 44 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 On balance, the development application is recommended for refusal due to the minimum lot size, the rear setback and potential for adverse impact to residential amenity. The subdivision application is also recommended for refusal due to insufficient access arrangement and the proposed lot configuration which is considered to limit the future flexibility of the consulting rooms. The officer recommendation has also included a list of recommended conditions should the WAPC be prepared to support the proposed subdivision application. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR BARRY MCKENNA MOVED, CR MICHAEL SABATINO SECONDED that: 1. 2. 3. Planning approval be refused for the landscaping, parking and the operation of a dental surgery on a reduced lot size at Lot 179, No. 175 Whatley Crescent, Bayswater in accordance with the application and plans dated 23 February 2011, for the following reasons: (a) The proposal does not comply with the minimum lot sizes for 'consulting rooms' under Town Planning Scheme No.24. (b) The reduced rear setback does not comply with the minimum rear setback requirement for 'consulting rooms' under Town Planning Scheme No.24. (c) The reduced lot size is considered to adversely affect the likely future development of the locality. The Western Australian Planning Commission be advised that the City does not support the proposed three (3) lot survey strata subdivision for the following reasons: (a) The proposal does not meet the minimum lot size for Consulting Rooms (medical) as required under Town Planning Scheme No. 24. (b) Vehicular access to the rear lots is not in accordance with the City's standards. (c) The proposed lot configuration does not comply with the 6 metre rear setback requirement for consulting rooms under Town Planning Scheme No. 24. The City to advise that should the Western Australian Planning Commission be prepared to support the proposal despite the advice of the City of Bayswater, the following conditions be included in any conditional approval: (a) All septic sewer systems including all tanks and pipes and associated drainage systems (soakwells or leach drains) and any stormwater disposal systems are to be decommissioned, removed, filled with clean sand and compacted. (b) All buildings having necessary clearance from the new boundaries as required by the relevant town planning scheme. (c) All buildings, outbuildings and/or structures (including swimming pools) being demolished and materials removed from the proposed Lot 2, proposed Lot 3 and common property. Page 45 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 (d) The common property access way being constructed and drained at the subdivider’s cost to the satisfaction of the City of Bayswater. (e) Suitable arrangements being made with the City of Bayswater for the provision of vehicular crossovers to service the lots shown on the proposed plan of subdivision. (f) The existing bitumen crossover to be removed and the verge reinstated to the satisfaction of the City of Bayswater. (g) Parking and landscaping is to be provided in accordance with the City's Town Planning Scheme No. 24 to the satisfaction of the City of Bayswater. (h) All dwellings being constructed to plate height prior to the submission of the Deposited Plan. CARRIED 10/1 FOR: AGAINST: Councillors Kenyon, JP, McKenna, Robinson, Sabatino, Palmer, Turkington, Albert, Anderton, JP , Pittaway and Radford. Councillor Blanchard. Page 46 ORDINARY COUNCIL MEETING MINUTES 11.1.8 29 MARCH 2011 Proposed Home Occupation Location: Lot. 221 No. 26 Weatherill Way, Noranda Attachments: No. 1 - Location Plan and Site Photos No. 2 - Business Advertisement No. 3 - Letter tabled from Owner of No. 11 Weatherill Way Confidential Attachment File No: DA11-0107 Applicant: Denis and Karen Parker Owner: Denis and Karen Parker Officer: A/Director of Planning and Development Services CONFIDENTIAL ATTACHMENT Application MRS Form 1 dated 12 February 2011 received for the operation of a home based business at Lot 221, No. 26 Weatherill Way, Noranda. Council consideration is required as three (3) objections have been received in relation to the proposal. The proposal entails the operation of a home occupation involving the storage of garden bags, administrative aspects of a garden bag removal service and the use of one (1) four-wheel drive vehicle and trailer. The original proposal also involved the storage of one (1) rubbish truck on the property. The applicants have since advised that the truck will be removed from the site and will not form part of the application. Background Town Planning Scheme No. 24 Zoning: Residential - R25 Use Class: Home Occupation ‘D’ Lot Area: 696m² Existing Land Use: Single House Surrounding Land Use: Residential Size/Nature of Proposed Development: Operation of a Home Occupation Relating to Rubbish Removal Business. The City received email correspondence on 26 October 2010 alleging that a commercial vehicle is being parked on the property. The complainant alleged that two (2) rubbish removal vehicles regularly park within the primary street setback of the abovementioned property. It was further alleged that the vehicles leave between 12.00am (midnight) and 6.00am and that servicing and repairs have been carried out on at least one (1) of the vehicles. The City undertook site inspections during the day time of on 18 November 2010 and 1 December 2010 where zero (0) vehicles as described by the complainant were sighted. Page 47 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 As requested by the City, the complainant provided the City with further information on 1 December 2010 which indicated breaches of the City's Town Planning Scheme No. 24 (TPS 24). The City wrote to the owner of the subject site on 8 December 2010 requesting an application be sought or otherwise the subject vehicles be removed from the site. The owner provided a written response on 20 December 2010 which explained how the commercial vehicles met the provisions of TPS 24. The City wrote to the owner of the subject property on 31 December 2010 further explaining the relevant requirements and detailed that approval should also be sought for a home-based business. The owner responded on 24 January 2011 detailing various ways in which the business meets the provisions of a home office under TPS 24 (a home office does not require approval). However, a home office does not permit any activities outside the dwelling or the parking of vehicles contrary to the scheme. The City sent a letter on 8 February 2011 requesting an application be sought, or alternatively all vehicles associated with the business be removed and the home business ceased within seven (7) days, being on or before 15 February 2011. An application was submitted on 14 February 2011. At the Confidential Council Meeting on 22 February 2011, Council resolved the following: "That the item be deferred for one month following consultation with the surrounding landowners and occupiers and monitoring of the site." Since the application was submitted, the applicants have made arrangements to park both trucks off-site. The City has been advised that the vehicle will be removed by 3 April 2011. Home Based Business The categories of home-based businesses include home office, home occupation, home business and cottage industry. HOME BASED BUSINESS Home Office Home Occupation Home Business Cottage Industry SUMMARY Solely within the proposed dwelling which has no external impacts on the neighbourhood; or does not change the appearance of the dwelling. Business carried out solely by a resident of the site which allows for limited client visitation. A home occupation also allows more flexibility than a home office. An example may be a hairdresser with up to five (5) customers per day. A home business provides for a resident and up to two (2) non-resident staff to conduct a business with up to ten (10) client visits per day. Formal public advertising is required. “Hands on” business that may involve small-scale arts and crafts. A cottage industry is carried out solely by a resident of the site and could involve the use of an outbuilding. An example would be a resident designing and making jewellery from home. Page 48 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The proposal can not be considered a home office as it involves the outdoor storage of materials. The application is therefore considered to fall under the definition of a home occupation. The TPS 24 definition of home occupation is as follows: A home occupation means an occupation carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which — (a) (b) (c) (d) (e) (f) (g) does not employ any person not a member of the occupier’s household; will not cause injury to or adversely affect the amenity of the neighbourhood; does not occupy an area greater than 20 square metres; does not display a sign exceeding 0.2m² in area; does not involve the retail sale, display or hire of goods of any nature; in relation to vehicles and parking, does not result in the requirement for a greater number of parking facilities than normally required for a single dwelling or an increase in traffic volume in the neighbourhood, does not involve the presence, use or calling of a vehicle more than 2 tonnes tare weight, and does not include provision for the fuelling, repair or maintenance of motor vehicles; and does not involve the use of an essential service of greater capacity than normally required in the zone. Submissions In accordance with TPS 24, the applicants sought comment from the adjoining landowners. Five (5) letters of non-objection were submitted by applicants. A further three (3) letters of objection were received by the City. The objections predominately related to the parking of the commercial vehicle, which was part of the original application. Nonetheless, comments were also received with relation to the proposed home occupation. Objectors raised the following issues with the proposed home occupation: 1. The operation and storage of a rubbish removal business is not in line with the objectives of a home business and is more reasonably suited to an industrial area. 2. The operation of a rubbish removal business would result in the potential for unpleasant odours, presence of insects and other pests and an increased risk of disease. 3. The parking of commercial vehicles impacts on the amenity of the neighbourhood through noise and other emissions. 4. The reversing siren of the vehicles becomes irritating at early hours of the morning. 5. The vehicles are not effectively screened and are in full view of the public. 6. The parking of commercial vehicles is not in keeping with the character and amenity of the area. 7. The operation of the vehicles has caused loss of sleep, interference to activities, emotional stress, anxiety and quality of life. As the applicant has withdrawn the parking of the rubbish truck from this application, points 3, 4, 5, 6 and 7 of the above summary of objections are not discussed further in this report. Page 49 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment Assessment of the application indicates that the proposal meets all relevant provisions of TPS 24 with the exception of three (3) objections being received. The key aspect to note within this application is the impact of the outdoor storage of materials. The application primarily involves the administrative work conducted within the dwelling and is not considered to have any impact to neighbouring properties. The proposal also encompasses the outdoor storage of garden bags. The storage area is small (approximately 20m² behind the garage doors) and the bags are not visible from the street or from other properties. The City’s Environmental Health Services has commented that while the storage of rubbish could contribute to insects, pests and odours, the storage of empty garden bags would be unlikely to enhance the risk of these. A condition of the Officer’s recommendation is that bags containing rubbish are not to be stored on site. This is considered to ameliorate objectors’ concerns with regards to odours, insects, pests and disease. With regards to customer visitation, a home occupation allows for a maximum of five (5) customers per day with no more than one (1) customer at any one time. Given that the business predominantly entails the delivery of garden bags, the proposal is not considered to have a significant impact on traffic. The occasional person visiting to make payments is not considered to be detrimental to amenity. The storage of bags, administrative work and infrequent customer visits are not considered to have an adverse impact on the amenity or character of the area. Storage of Vehicles There are two (2) large trucks which operate in relation to this business which are not proposed to be parking on the property. The proposal as it currently stands, primarily entails a four-wheel drive vehicle and a trailer. A commercial vehicle is defined under TPS 24 as: “…a vehicle whether licensed or not and which is used in conjunction with a trade or profession and shall include trailers, tractors and their attachments, buses and earthmoving machines whether self propelled or not but shall not include a passenger car derivative as defined by the Vehicle Sales Regulations 1976 (as amended), a van, utility or light truck which is rated by the manufacture as being suitable to carry loads of up to 1.5 tonnes.” In accordance with this definition, it is considered that the associated trailer is a commercial vehicle, while the four-wheel drive vehicle is not. In relation to the parking of commercial vehicles in residential areas, Clause 8.5.8.1 of TPS 24 states that: “A person may park one commercial vehicle in the residential zone if all of the following requirements are met: a) No part of the vehicle is parked on any portion of a right of way or public road contiguous with the lot; b) The vehicle forms an essential part of the lawful occupation of an occupant of the dwelling and that occupation if carried upon the lot does not contravene the Scheme; c) The vehicle does not exceed three (3) metres in height or Eight (8) metres in length; Page 50 ORDINARY COUNCIL MEETING MINUTES d) e) f) g) h) i) 29 MARCH 2011 The vehicle is not brought to or taken from the lot between the hours of midnight or 6.00am; Major repairs to the vehicle are not undertaken on the lot; Any minor repairs, servicing or cleaning of the vehicle are carried out in an area which is effectively screened from view from outside of the lot; Operation of the vehicle does not adversely impact on the amenity of the neighbourhood due to noise or other emissions; The vehicle is parked behind the front building line; and The vehicle is effectively screened, through fencing, landscaping, outbuildings or other measures, from outside the lot and from neighbouring properties”. The trailer is considered to meet all the relevant provisions of TPS 24 and is therefore permitted to be parked on the property provided that it continues to operate in accordance with Clause 8.5.8.1. As the trailer is parked behind the garage; not in view of the public street or neighbouring properties and are considered to have a minimal impact on the area’s amenity. While there are no restrictions relating to when the four-wheel drive vehicle can leave the site, a condition of the Officer's Recommendation is that the trailer must not leave the site between midnight and 6am. With regards to the objections, which raised issue with noise and emissions, these vehicles are not considered to contribute to noise or emissions any more than a regular passenger vehicle. Other It should be noted that nothing precludes two (2) rubbish trucks from visiting the site during standard hours. Trucks, if visiting a property, can be parked on the road for up to two (2) hours providing that they are parked in accordance with all relevant parking laws. Similarly, nothing in the approval precludes the subject site being serviced by the rubbish trucks in accordance with normal waste provisions. Summary Assessment of the application indicates that it complies with the provisions of the City's Town Planning Scheme No. 24 and all relevant City policies with the exception of three (3) objections from surrounding landowners. The issues raised in these objections related to impact on residential amenity and the potential risk of insects, pests, odours and disease. The proposed home occupation entails the storage of empty garden bags located behind the garage and completely screened from the street and is considered to have a minimal impact on the amenity and character of the residential area. The application is therefore recommended for approval subject to conditions. Voting Requirements Simple Majority Required. Page 51 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Officer's Recommendation That planning approval be granted for a home occupation (Kardens Garden Bags) at Lot 221, No. 26 Weatherill Way, Noranda in accordance with the application received 14 February 2011, subject to the following conditions: 1. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 2. The applicant is to hold a valid home occupation licence. Should the licence lapse, the approval hereby permitted shall be considered as no longer valid. 3. The development shall comply with the City’s Home Occupation Provisions set out in Clause 8.5.7 of Town Planning Scheme No. 24 or otherwise notified by the City in writing. 4. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development. 5. Any noise generated by the home occupation is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. 6. A maximum of one (1) advertising sign which does not exceed 0.2m2 and is not illuminated is permitted on the site. Details of the proposed signage to be submitted to the City prior to any signage being erected. 7. No more than one (1) customer visit to the premises at any one time with no more than five (5) customers to visit the residence per day. 8. No materials shall be stored within the primary street setback area of the property. 9. All garden bags stored on site are to be empty of any rubbish. 10. This approval may not be transferred to any other person or from the land of which it was granted to another site within the City of Bayswater. 11. The trailer used in association with this business shall not be brought to or taken from the site between midnight and 6am. 12. The trailer shall not be stored within the primary street setback area of the property. 13. The smaller truck be removed from the premises by 3 April 2011. At the Planning and Development Services & Administration and Community Services Committee Meeting: Amendment 1 CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED that Condition 9 be reworded as follows: 9. No garden bags to be stored on site. CARRIED 4:3 FOR: AGAINST: Councillors Robinson, Turkington, Sabatino, Albert. Councillors Kenyon, Pittaway, Radford. Page 52 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: Amendment 2 CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED that Condition 11 be reworded as follows: 11. No trailer in association with this business shall be stored on site. CARRIED 4:3 FOR: AGAINST: Councillors Robinson, Turkington, Sabatino, Albert. Councillors Kenyon, Pittaway, Radford. Amendment 3 CR ALAN RADFORD MOVED, CR TERRY KENYON SECONDED that Condition 12 - "The trailer shall not be stored within the primary street setback area of the property" be deleted. FOR: AGAINST: Councillors Kenyon, Radford, Sabatino. Councillors Robinson, Turkington, Pittaway, Albert. LOST 3:4 Amendments 1 and 2 became the Substantive Motion. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR MARLENE ROBINSON MOVED, CR SYLVAN ALBERT SECONDED that planning approval be granted for a home occupation (Kardens Garden Bags) at Lot 221, No. 26 Weatherill Way, Noranda in accordance with the application received 14 February 2011, subject to the following conditions: 1. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 2. The applicant is to hold a valid home occupation licence. Should the licence lapse, the approval hereby permitted shall be considered as no longer valid. 3. The development shall comply with the City’s Home Occupation Provisions set out in Clause 8.5.7 of Town Planning Scheme No. 24 or otherwise notified by the City in writing. 4. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development. 5. Any noise generated by the home occupation is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. 6. A maximum of one (1) advertising sign which does not exceed 0.2m2 and is not illuminated is permitted on the site. Details of the proposed signage to be submitted to the City prior to any signage being erected. 7. No more than one (1) customer visit to the premises at any one time with no more than five (5) customers to visit the residence per day. 8. No materials shall be stored within the primary street setback area of the property. Page 53 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 9. No garden bags to be stored on site. 10. This approval may not be transferred to any other person or from the land of which it was granted to another site within the City of Bayswater. 11. No trailer in association with this business shall be stored on site. 12. The trailer shall not be stored within the primary street setback area of the property. 13. The smaller truck be removed from the premises by 3 April 2011. CARRIED 7/3 FOR: AGAINST: Councillors McKenna, Robinson, Palmer, Turkington, Albert, Anderton, JP and Blanchard. Councillors Kenyon, JP, Pittaway and Radford At the Planning and Development Services & Administration and Community Services Committee Meeting: CARRIED 4:3 FOR: Councillors Robinson, Turkington, Sabatino, Albert. AGAINST: Councillors Kenyon, Radford, Pittaway. Page 54 ORDINARY COUNCIL MEETING MINUTES 11.1.9 29 MARCH 2011 Parking of Commercial Vehicle Location: Lot. 222, No. 28 Weatherill Way, Noranda Attachments: No. 1 - Location Plan and Site Photos No. 2 - Detailed Plans File No: DA11-0108 Applicant: Christopher Blake Owner: Christopher Blake Officer: A/Director of Planning and Development Services Application MRS Form 1 and plans dated 12 February 2011 have been received for the storage of a commercial vehicle at Lot 222, No. 28 Weatherill Way, Noranda. Council consideration is required for approval to park a commercial vehicle in a residential area in accordance with Clause 8.5.8.2 of the City's Town Planning Scheme No. 24 (TPS 24). In support of the application, the applicant has advised the following: The vehicle does not leave the residence prior to 6.00 am. The vehicle relates to the occupant’s employment and is used for the carrying of tools, equipment and materials for bricklaying and construction. • The vehicle, a Ford Trader truck, is relatively small in size being 2.0 metres in height and 5.8 metres in length. • The subject vehicle is parked under the carport of the dwelling and is partially screened from neighbouring properties by vegetation. Background • • Town Planning Scheme No. 24 Zoning: Residential – R17.5/25 Use Class: Single House - ‘P’ Lot Area: 701m² Existing Land Use: Single House Surrounding Land Use: Residential Size/Nature of Proposed Development: Parking for One (1) Commercial Vehicle Compliance Investigation The City received email correspondence on 26 October 2010 alleging that a commercial vehicle was being parked on the property. In this correspondence, the complainant alleged that the owner of the above property was parking a truck with a bobcat on the rear tray and a trailer attached. The City undertook a site inspection on 18 November 2010 and 1 December 2010 where no vehicles as described by the complainant were sited. Page 55 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The City requested that the complainant provide justification or evidence demonstrating that there was a potential breach of TPS 24. The complainant provided the City with information on 1 December 2010 which indicated a breach of TPS 24. The City also reviewed its aerial photography, taken on 25 October 2010, which demonstrates two (2) vehicles parked on the subject site, extending beyond the property boundary. The City wrote to the owner of the subject property on 8 December 2010 requesting that the site be brought into compliance with TPS 24 by 5 January 2011. The City received written correspondence from the owner of the subject site on 20 December 2010 which noted that only one (1) truck was now parked on site as the second truck had been removed. The City wrote back to the owners of the subject site on 12 January 2011 detailing that the remaining vehicle did not comply with TPS 24 and requested that the vehicle be removed, or alternatively, an application submitted. The City’s Rangers Services undertook a number of inspections throughout January 2011. During these inspections, one (1) truck was sighted on the south facing driveway. The vehicle was found on site six (6) times during a two-week investigation. The City has no evidence to suggest the vehicle left the site between the hours of midnight and 6:00am. The City sent a letter on 8 February 2011 requesting the remaining commercial vehicle be removed or an application be sought within seven (7) days, being on or before 15 February 2011. An application was submitted by the owners of the subject property on 14 February 2011. At the Council Meeting held on 22 February 2011, Council considered a status update with regard to the subject site and resolved as follows: "That the item be deferred for one month following consultation with the surrounding landowners and occupiers and monitoring of the site." Comment Compliance with Scheme An assessment of the proposal in accordance with TPS 24 and the City’s policy is provided below. Clause 8.5.8.1 of TPS 24 states that: “A person may park one commercial vehicle in the residential zone if all of the following requirements are met: a) b) c) d) e) f) No part of the vehicle is parked on any portion of a right of way or public road contiguous with the lot; The vehicle forms an essential part of the lawful occupation of an occupant of the dwelling and that occupation if carried upon the lot does not contravene the Scheme; The vehicle does not exceed 3 metres in height or 8 metres in length; The vehicle is not brought to or taken from the lot between the hours of midnight or 6.00am; Major repairs to the vehicle are not undertaken on the lot; Any minor repairs, servicing or cleaning of the vehicle are carried out in an area which is effectively screened from view from outside of the lot; Page 56 ORDINARY COUNCIL MEETING MINUTES g) h) i) 29 MARCH 2011 Operation of the vehicle does not adversely impact on the amenity of the neighbourhood due to noise or other emissions; The vehicle is parked behind the front building line; and The vehicle is effectively screened, through fencing, landscaping, outbuildings or other measures, from outside the lot and from neighbouring properties”. Clause 8.5.8.2 of TPS 24 states that: “The Council may, in writing, permit a relaxation of the provisions contained in Clause 8.5.8.1, if in the opinion of Council the proposal will not have an adverse effect on the amenity and character of the residential area. Prior to permitting such relaxation, Council shall write to owners and occupiers of surrounding land and invite their comments on the proposal”. In accordance with Clause 8.5.8.2 of TPS 24, the City sought comment on the proposal from adjoining landowners. The City received three (3) letters of objection and eight (8) letters of non-objection regarding the proposal. A further nine (9) landowners did not respond within the comment period. Comment was not directly sought from the owners of No. 26 Weatherill Way, Noranda as they had previously indicated to the City that they had no objection to the subject vehicle being parked on the property. The objectors raised the following key issues: • The parking of these types of vehicles is more appropriately suited to industrial, not residential areas. • The noise and fumes are a health hazard and affects the quiet and peaceful environment of the street. • The objectors can regularly hear the reversing alarm at early hours of the morning. • Any approval would set precedents for further parking of commercial vehicles in residential areas. • The continuous coming and going of two (2) commercial vehicles which carry construction materials is inappropriate. • The Ford Transit bus parked on site is another commercial vehicle which carries significant numbers of people. Assessment of the application indicates that the storage of the truck complies with all relevant provisions of Clause 8.5.8.1 of TPS 24 with the exception of the vehicle being screened. The subject vehicle is parked entirely within the property and forms an essential part of the occupation of the owners. The truck is within size limits, being 2.0 m in height and 5.8 m in length. Additionally, the City has no evidence of the truck leaving before 6am or evidence of any repairs, major or minor, being undertaken on the site. The plan provided indicates that the vehicle will be stored under the south-facing carport of the dwelling. The carport is open on all sides except where it abuts the dwelling. Only part of the truck is visible from the street when the truck is parked under the carport and it is not considered detract from the character or amenity of the street. Furthermore, the vehicle is screened from neighbouring properties on the north side of Weatherill Way through vegetation. Page 57 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 With regard to the operation of the vehicle and its impact on amenity, all three (3) objectors raised issue with noise associated with the truck. In particular, two (2) of the objectors commented that the reversing alarm becomes irritating at early hours of the morning. The applicants have advised that the idling time of the truck is approximately one (1) minute. Furthermore, the reversing siren only runs for very short periods of time. All three (3) objectors also commented that the truck contributed to an increase in fumes, emissions and raised concerns with associated health risks. The City's Environmental Health Department commented that as long as the vehicle is adequately serviced and is not left running for extraneous periods of time, the truck poses no threat to the health of the surrounding landowners. The applicants have also advised that a small trailer is used from time to time in conjunction with the business. The trailer is parked under the west-facing carport on the property. The trailer is of a similar size to that of a domestic trailer. No objection is raised with regards to its location as it is not considered to be in full view of the street. The trailer meets all other requirements with regards to the parking of commercial vehicles. Parking of Van Two (2) objectors raised concerns with the storage of the van despite the fact is does not form part of the subject application. The vehicle is excluded from the application as it is not considered to fall within the Scheme’s definition of a commercial vehicle. TPS 24 defines ‘commercial vehicle’ as the following: “a vehicle whether licensed or not and which is used in conjunction with a trade or profession and shall include trailers, tractors and their attachments, buses and earthmoving machines whether self propelled or not but shall not include a passenger car derivative as defined by the Vehicle Sales Regulations 1976 (as amended), a van, utility or light truck which is rated by the manufacture as being suitable to carry loads of up to 1.5 tonnes.” The owners have informed that the van in question is not used for commercial purposes, but is used as a passenger vehicle and is also used to drive children to soccer games. Given that its activities are not commercially related, the van is allowed to be parked in accordance with normal parking requirements. However, consideration needs to be given to the combined impact of the van and the truck which are both proposed to be parked on the property. Although both vehicles are larger than the average passenger vehicle, their impact is not considered detrimental to the residential character given that both vehicles are stored neatly under the carport. A condition of the Officer's Recommendation is that the truck is stored within the carport when parked on the property. Summary The key issue for Council to consider is the impact of the commercial vehicle on the amenity and character of the residential area. Whilst the vehicle is visible from the street, it is considered that the storage of the vehicle under a carport will not adversely impact on the amenity or character of the surrounding area. The vehicle is considered to be of relatively minor size and is used appurtenant to the occupation of the owners. Page 58 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The application is therefore recommended for approval subject to conditions. Voting Requirements Simple Majority Required. ADDENDUM – PLANNING AND DEVELOPMENT SERVICES AND ADMINSTRATION AND COMMUNITY SERVICES COMMITTEE MEETING – 21 MARCH 2011 The City received a letter of non-objection No. 9 Weatherill Way, Noranda on 18 March 2011. from the owners of Lot 130, The letter provides further support for the parking of a commercial vehicle at the abovementioned property. The total number of letters of non-objection received is now nine (9). The letter is not considered to change the Officer's Recommendation in any way. At 8:29pm, Mrs Raylene Vucens, PA/Director Administration and Community Services left the meeting. AMENDMENT CR MICHAEL SABATINO MOVED that a Point 9 be included stating, that the traytop truck is required to be screened and not to be visible from the street. LAPSED As no Seconder was received, the amendment Lapsed. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED that planning approval be granted for the storage of one (1) commercial vehicle at Lot 222, No. 28 Weatherill Way, Noranda in accordance with the application received 14 February 2011, subject to the following planning conditions: 1. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two (2) years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 2. The vehicles hereby permitted shall be limited to a Ford Tray Top, Registration Number 8SN705 and one (1) small trailer. 3. The proposal shall be carried out in accordance with the terms of the application as approved herein and any approved plan. 4. Any repairs or servicing of the vehicle to be conducted offsite. Page 59 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 5. The commercial vehicle shall be stored under the south-facing carport when parked on the property. The trailer shall be parked under the west-facing carport when parked on the property. 6. The vehicle is not to be brought to or taken from the lot between the hours of midnight and 6:00am. 7. This approval is not transferrable to any other person or from the land of which it was granted to another site within the City. 8. This approval does not include any approval for the storage of bobcats, bobcat trailers or storage trailers. CARRIED UNANIMOUSLY At the Planning and Development Services & Administration and Community Services Committee Meeting: CARRIED 5:2 FOR: Councillors Kenyon, Turkington, Pittaway, Albert. Radford. AGAINST: Councillors Robinson, Sabatino. At 9.23pm Miss Siiri Clausnitzer withdrew from the meeting. Page 60 ORDINARY COUNCIL MEETING MINUTES 11.1.10 29 MARCH 2011 Proposed Additions to Existing Factory Location: Lot 800, No. 520 Guildford Road, Bayswater Attachments: No.1 - Location Plan No. 2 - Detailed Plans File No: DA10-0644 Applicant: Michael Little Designs Owner: Giovanni Di Candilo Officer: A/Director of Planning and Development Services Application MRS Form 1 and plans dated 19 August 2010 have been received for proposed additions to the existing factory at Lot 800, No. 520 Guildford Road, Bayswater. Council consideration is required as the applicant is seeking variation to the landscaping requirements of the City’s Town Planning Scheme No. 24 (TPS 24). The applicant has provided the following justification in support of the proposal: An average of one (1) metre landscaping strip is provided along the Guildford Road frontage, which is unable to be increased as there are existing parking bays and driveways. • Pockets of landscaping have been created within the setback to Guildford Road to help maintain the streetscape. • Without the use of a bore, owners must reticulate their landscaping with Scheme water two (2) to three (3) times per week, putting tremendous pressure on limited water resources. • One (1) in four (4) car bays will receive a 1.8 metre mature shade tree. • Moojebing Street has a three (3) metre landscaped buffer zone, which also consists of mature shade trees. • Heavy parking requirements mean that the required number of surplus bays cause a reduction in area where landscaping could be provided. • Although there is a reduction in landscaping percentage, a high level of plants and ground cover by quality landscaping will be provided. Background • Town Planning Scheme No. 24 Zoning: General Industry Use Class: Factory - 'P' Lot Area: 9,382m² Existing Land Use: Factory Surrounding Land Use: Factory Size/Nature of Proposed Development: Additions to Existing Factory Page 61 ORDINARY COUNCIL MEETING MINUTES SCHEME PROVISIONS Setbacks Front Secondary Street Side (SW) Side(SE) Minimum Lot Area Maximum Site Cover 29 MARCH 2011 REQUIRED PROVIDED 13.5m 6.0m 6.0m 6.0m 17.6m 30.5m 10.1m 6.1m 2,000m² 9,382m² 50% Factory 52% 60% Office Parking Office 14 bays (4 bays per 31 bays existing, 76 bays proposed 100m² GLA) 93 bays Factory (2 bays per 100m² GLA) TOTAL: 107 bays TOTAL: 107 bays The existing factory is currently being used as a lay down and cutting area for steel sheets. The sheets are sourced from new and/or recycled avenues. They are measured and cut on machines placed in the existing building. The proposed addition will include the same operational practises as the current factory and will also include a small element of steel fabrication and welding. The existing and proposed factory will be serviced by heavy rigid vehicles entering and exiting the site via the crossover on Moojebing Street. The manoeuvring of a heavy rigid vehicle is considered to be acceptable providing that no semi trailers are to enter the site. This has been included as a condition below. Comment Compliance with the Scheme Assessment of the application indicates that the proposal complies with the provisions of TPS 24 with the exception of landscaping. The maximum site coverage for a factory is 50 percent and an office is 60 percent. The proposed site coverage is 52 percent. It is considered that the size and scale of the factory is in keeping with similar buildings in the immediate vicinity and that the proposed site coverage will not create an undue impact upon the amenity of the area or on the Moojebing Street or Guildford Road streetscape. Landscaping The relevant development standards of TPS 24 require 10 percent of the site to be landscaped including a 2.0 metre wide landscaping strip to each street frontage. Council consideration is required as the overall landscaping area is less than 10 percent of the site and the landscaping strip to the Guildford Road frontage is less than two (2) metres in width. Page 62 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 As the subject site is 9,382m², TPS 24 requires a total of 938m² of landscaping. The overall landscaping provided is calculated at 582m², which represents a total of six (6) percent of the site. Whilst the landscaping falls short of the TPS 24 requirement, the areas provided are designed in a manner that enhances the existing streetscape and provides a sufficient buffer between the built form and the street. Furthermore, the applicant has indicated that mature trees will be planted and maintained along the Moojebing Street and Guildford Road frontages, which will further improve the appearance of the development and the streetscape. The proposal indicates that the landscaping strip to the Guildford Road frontage is an average of one (1) metre in width with the landscaping strip to the Moojebing Street frontage being an average of three (3) metres in width. The landscaping plan provided indicates pockets of landscaping along the Guildford Road frontage with the planting of mature trees. Given this, it is considered that the reduced width of landscaping along Guildford Road meets the required performance. Given the above, it is considered that the proposed landscaping variation will not create an undue impact upon the amenity of the area or the Moojebing Street or Guildford Road streetscape. It is considered that the landscaping provided will enhance the proposed development. Main Road Comments The proposal was referred to Main Roads WA for comment as Guildford Road is a Primary Regional Road. The original plans dated 31 August 2010 indicate that the existing crossover onto Guildford Road was to be retained. Main Roads responded explaining that the proposal was unacceptable as restriction of vehicle access to and from Guildford Road exists on the Certificate of Title for the subject property. Main Roads requested amended plans from the applicant indicating that the crossover to Guildford Road is to be removed and the verge reinstated. Amended plans were submitted to the City on 14 February 2011. The amended plans met the conditions required by Main Roads. This is considered to be acceptable and Main Roads conditions have been included on the approval as recommended below. Summary An assessment of the proposal indicates that it complies with the R Codes, Town Planning Scheme No. 24 and Council Policy with the exception of the variation to landscaping. The proposed is considered to achieve the aims of providing a high quality development, which enhances the existing streetscape and provides a sufficient buffer between the built form and the street. Based on the above, the proposal is recommended for approval subject to appropriate conditions. Voting Requirements Simple Majority Required. Page 63 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval be granted for the proposed addition to the existing factory at Lot 800, No. 520 Guildford Road, Bayswater in accordance with the application dated 19 August 2010, subject to the following planning conditions: 1. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. 2. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 3. The development complying with any details marked in red on the approved plans. 4. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence application must be obtained prior to the commencement of any building works. 5. The proposal is to comply with the Building Code of Australia Volume 1 2010. 6. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961. 7. A Geotechnical Report covering the development area being prepared by a suitably qualified practitioner at the applicant’s cost, to the satisfaction of the City of Bayswater. The report is to be lodged with the building licence application, together with certification from a Structural Engineer that the design is suitable for the site conditions as outlined in the Geotechnical Report. 8. The extension and/or alterations shall be in complementary materials, colours and design with the existing building(s) to the satisfaction of the City of Bayswater. Details to be submitted for approval with the building licence application. 9. A separate ‘Schedule of Colours and Materials’ shall be submitted for approval of the City of Bayswater, prior to the issue of a building licence. 10. A separate ‘Schedule of Improvements’ for upgrading of the existing onsite building(s) shall be submitted for approval of the City of Bayswater, prior to the issue of a building licence. 11. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. 12. Landscaping and reticulation must be completed in accordance with an approved detailed landscape plan(s) prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater. Page 64 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater. 14. The vehicle parking area shall be sealed, kerbed, drained and line marked in accordance with the approved plans and specifications and shall be thereafter maintained to the satisfaction of the City of Bayswater. 15. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence. 16. The existing and/or proposed driveways being constructed with brick paving to the satisfaction of the City of Bayswater. 17. No vehicle access shall be permitted on to Guildford Road reserve from Lot 800. 18. Redundant driveways are to be removed and the verge reinstated to the satisfaction of the City of Bayswater. 19. No earthworks are to encroach on the Guildford Road reserve. 20. No vehicles larger than heavy rigid vehicles are to service the subject site. 21. Any industry derived liquid waste is to be disposed of in accordance with the Environmental Protection (Liquid Waste) Regulations 1996 and/or the requirements of the Water Corporation, Water and Rivers Commission, Department of Environmental Protection and the Manager Environmental Health 22. Appropriate measures shall be implemented to prevent or control dust in accordance with the Dust Control Guidelines produced by the Department of Environmental Protection or as directed by the Manager Environmental Health. 23. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997 . 24. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. 25. The existing septic system(s) is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No. 2) 1997 (refer to Footnote F5). 26. Sanitary conveniences and a shower facility are to be provided in accordance with the provisions of the Building Code of Australia, Health Act 1911 and the Occupational Safety and Health Regulations. 27. A bin area is to be provided of not less than ten (10) square metres and with a permanent water supply and drainage facility for washdown. The bin area is to be screened by a gate and brick walls or other suitable material to a height of not less than 1.8 metres. The bin area shall be accessible via a suitably constructed service road that will allow heavy vehicle movement. Page 65 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 28. Compliance with the Health (Air Handling and Water Systems) Regulations 1994 and relevant Australian Standards e.g. AS 1668.2 ‘the use of mechanical ventilation and air-conditioning in buildings’ and AS 3666.1 1995 ‘Air-handling and water systems of buildings – microbial control Part 1: Design, installation and commissioning’. 29. Ventilation is to comply with the requirements of the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code of Australia. 30. Compliance with the Explosives and Dangerous Goods Act 1961 and the Explosive and Dangerous Goods (Handling and Storage) Regulations 1992. 31. Compliance with the requirements of the Occupational Health and Safety Act 1984 and Regulations and any relevant standards and policies. 32. The applicant to enter into a legal agreement with the City of Bayswater and/or the owner of Lot 801, Nos. 524-526 Guildford Road, Bayswater to provide a reciprocal right-of-access easement in gross for vehicular and pedestrian movement, between the lots, together with drainage where applicable. The agreement must be executed by the applicant prior to the approval of a building licence. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 66 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: At 9.27pm Miss Siiri Clausnitzer returned to the meeting. 11.1.11 Proposed Change of Use to Industry and Refurbishment of Buildings Location: Lots 61 & 62, No. 18-20 Sussex Street, Maylands Attachments: No. 1 - Location Plan & Site Photo No. 2 - Development Plans File No: DA10-0929 Applicant: Site Architecture Owner: Bakana Pty Ltd Officer: A/Director of Planning and Development Services Application MRS Form 1 and plans dated 23 December 2010 have been received for a change of use from 'warehouse' to 'industry' and refurbishment of the existing buildings at Lots 61 & 62, Nos. 18-20 Sussex Street, Maylands. The proposed use involves the processing of paper, including cutting, folding and gluing to produce products such as cartons, presentation folders and marketing displays. Council consideration is required as the applicant is seeking a variation to the car parking, landscaping and site coverage/plot ratio requirements of Town Planning Scheme No. 24 (TPS 24) and to consider the adjoining property owners submission regarding the proposed parapet wall. The applicant proposes the following reinstatement and refurbishment work to the existing buildings on the site: • • • • • • Upgrading of the existing Sussex Street façade including renewing/reinstating existing windows, repairing damaged/cracked masonry and painting the façade; Establishing a new shopfront/office entry towards the front of the accessway. Refurbishment of the office area with paint, new carpet, ceiling installation and insulation. Replace the numerous dilapidated timber/steel framed roofed areas in the central building with a single steel framed roof structure. Refurbish the existing toilets to meet BCA requirements. Install new parapet/screen wall on the rear boundary and to an existing toilet. The applicant has provided the following information in support of the application: • • • • • The business will operate from 8am-4pm, Monday-Friday. A second shift will operate between 4pm-10pm when needed. A maximum of 9 full time staff will be on site at the one time. Work activities during the late shift will be restricted to activities of a low noise nature with 3 staff on site. The site is located approximately 350 metres from the Meltham train station. The owners anticipate that the train station will be well utilised by staff. 6 parking bays are provided for on the site (5.6m x 2.6m for standard bays and 5.6m x 3.2m for disabled bays). The proposed access way is 5.2m in width. Page 67 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The upgrade of the existing buildings includes amending a portion of the existing warehouse to create a loading bay on the site. • Deliveries will be made by a one (1) tonne utility vehicle or small van similar to a standard size car. Background • Town Planning Scheme No. 24 Zoning: General Industry Use Class: Industry – ‘P’ Lot Area: 1,170 m2 (comprising 2 lots) Existing Land Use: Warehouse Surrounding Land Use: Industrial, Residential Size/Nature of Proposed Development: Encompasses Existing Building Footprint SCHEME PROVISIONS REQUIRED PROVIDED 13.5m 0m 0m 6.0m 0m* 0m 3.0m 0m** 1,000m² 1,170m² Maximum Site Coverage 50% 71% Maximum Plot Ratio 0.5 0.71 18 car bays 6 car bays 10% plus 2m wide strip provided to street frontage. No landscaping provided on site. Setbacks Front (SW) Side (NW) Side (SE) Rear (NE) Minimum Lot Area Parking Landscaping * Existing building setback **Submission received from neighbour Comment Assessment of the application indicates that it complies with the provisions of TPS 24 and the City’s policies with the exception of the car parking, landscaping and site coverage/plot ratio requirements of the scheme. Appropriateness of Use The site is zoned ‘General Industry’ under the provisions of TPS 24. The proposed use of ‘Industry’ is listed as a Permitted use under TPS 24 and is defined as follows: “…the carrying out of any process in the course of trade or business for gain, for and incidental to one or more of the following: (a) the winning, processing or treatment of minerals; Page 68 ORDINARY COUNCIL MEETING MINUTES (b) (c) (d) 29 MARCH 2011 the making, altering, repairing, or ornamentation, painting, finishing, cleaning, packing or canning or adapting for sale, or the breaking up or demolition of any article or part of an article; the generation of electricity or the production of gas; the manufacture of edible goods; and includes, when carried out on land upon which the process is carried out and in connection with that process, the storage of goods, any work of administration or accounting, or the wholesaling of, or the incidental sale of goods resulting from the process, and the use of land for the amenity of persons engaged in the process; but does not include; (i) the carrying out of agriculture; (ii) on-site work on buildings or land; and (iii) in the case of edible goods the preparation of food for retail sale from the premises.” The use will also incorporate an office fronting Sussex Street for administrative and design purposes. An office is a permitted use in the general industry zone. The proposed use will service the printing industry with the supply of print finishing services. Work activities on site will include cutting, folding and gluing of paper based material to produce products such as cartons, presentation folders and marketing displays. The bulk of the work will be completed using automated and manually operated machinery of a low noise nature. The product is then collected by the client for distribution. The site is surrounded by residential zoned properties to the south west of Sussex Street and to the rear of the property (along Salisbury Street). Given that the proposed works on site are of a low noise nature, the use is considered an appropriate intermediary use in the proposed location. The proposed use is not considered to have an undue impact on the adjoining residential properties amenity. Parking and Delivery Vehicles Under the provisions of TPS 24, 18 car parking bays are required. The application proposes six (6) bays. The applicant has provided the following justification for the Council to consider a variation to the scheme provisions: • • • “A maximum of nine (9) people will work on the site at the one time. The site is located approximately 350m from Meltham Train Station and as a result, the owners anticipate that this added convenience will be utilised by some staff. A loading bay is provided on site to accommodate a one (1) tonne utility vehicle or small van up to a maximum 6.1 metre long wheel base.” In addition to the above justification, the applicant has proposed bicycle parking facilities on site for staff use. As the warehouse was constructed under a previous scheme with different car parking requirements, there is currently a shortfall of 13 parking bays under TPS 24 standards for the approved warehouse. Through amendments to the existing building, the shortfall in parking is proposed to be reduced to 12 parking bays. There is no opportunity for additional parking to be provided. Based on the above, the number of parking bays provided to service the site is considered sufficient. Page 69 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 All deliveries will be accommodated within the loading bay on the site by commercial vehicles with a maximum wheelbase of 6.1m. Paper waste recycling/removal from the site will be managed by the owners. It is considered that the applicant has maximised the number of parking bays and provided adequate servicing arrangements taking into account the constraints of the existing buildings on the site. Landscaping TPS 24 requires 10 percent of the site area landscaped with a 2 metre strip along the street frontage. The site currently contains no landscaping with the existing buildings having a nil setback from Sussex Street. Given that the proposal utilises the existing building footprint, there is no opportunity to provide additional landscaping on the site. The proposed variations to the landscaping provisions of TPS 24 are not considered to have an undue impact on the amenity of the locality. Site Coverage/Plot Ratio The applicant has sought Council discretion for the larger site coverage for the development. The application proposes site coverage of 72 percent in lieu of the 50 percent requirement and a plot ratio of 0.72 as opposed to 0.5 permitted under the scheme. As the existing warehouse was constructed under a previous scheme with different development standards, there is now a variation proposed to site coverage/plot ratio under the current TPS 24 standards. As stated above, the application proposes to refurbish and modify the existing buildings to suit the proposed use. The proposal will effectively reduce the existing building footprint given that the rear canopy will be removed to allow for additional parking. The variations to the scheme standards for plot ratio and site coverage are not considered to unduly impact the visual amenity of the adjacent residential properties. In addition, the applicant is proposing to refurbishing the existing Sussex Street façade and reinstating the main workshop roof to an appropriate standard. The proposed refurbishment is considered to improve the impact of the existing building on the Sussex Street streetscape. Parapet/Boundary Wall The rear property boundary abuts residential zoned land. There is an existing parapet wall 13.0m in length to a maximum height of 6.8m along the rear boundary abutting 9A Salisbury Street, Bayswater. The application proposes to extend the parapet wall on the rear boundary by 3.9m in length to a height of 3.4m. A 0.9m length of the proposed extended parapet wall is required to upgrade the existing toilets. The remaining 3.0 metre length will provide a screen wall adjacent to the bin area. TPS 24 industrial provisions require parapet walls abutting residential land to be setback a minimum of 6.0m from the adjoining property. Given the proposed variation, the application was referred to the affected neighbour for comment. The neighbouring property owners lodged a submission objecting to the height of the parapet wall on the basis that there will be an adverse impact on light entering the dwelling. The submitter indicated that a 2.0 metre high parapet wall would be a suitable compromise. The applicant has agreed to reduce the height of the 3.0m long screen wall to 2.0 metres in height. It should be noted that the 0.9 metre long parapet wall extension abutting the toilet cannot be reduced to 2.0 metres due to Building Codes of Australia requirements. Page 70 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 It is recommended that a condition of any approval should restrict the height of the screen wall to a maximum height of 2.0 metres. It is considered that the proposed wall does not unduly affect the amenity of the neighbouring property. Asbestos Management The adjoining neighbour also raised concerns with disruption to the existing roof causing asbestos particles to become airborne during the redevelopment works. The City’s Health Services have advised that the applicant is required to obtain a demolition licence prior to works being undertaken on the site. Details are required to be provided with the demolition licence on how the asbestos removal will be managed. Furthermore, under Worksafe legislation, a licensed contractor is necessary when asbestos is being removed from the site. Summary An assessment of the proposed change of use indicates that it complies with the Residential Codes, Town Planning Scheme No. 24 and the City's policies with the exception of variations to the car parking, landscaping and site coverage/plot ratio provisions of the scheme. The application proposes to refurbish and reinstate the existing building including installing a screen wall on the rear boundary abutting a residential zoned property. The applicant has agreed to reduce the height of the screen wall to 2.0 metres following a submission from the affected neighbour. The variations to Town Planning Scheme No. 24 have arisen due to the existing buildings being constructed under a previous scheme. Development of the site is constrained due to the location and size of the existing buildings. Notwithstanding, the proposed provision of six (6) parking bays on the site is considered appropriate to service the intended use. The proposal is recommended for approval, subject to appropriate conditions. Voting Requirements Simple Majority Required. Officer's Recommendation That planning approval be granted for the proposed change of use from warehouse to Industry and refurbishment of the existing buildings at Lot 61 & 62, No. 18-20 Sussex Street, Bayswater, in accordance with the application and plans dated 23 December 2010, subject to the following planning conditions: 1. 2. 3. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. The north eastern screen/boundary wall being modified to a maximum height of 2.0 metres as marked in red on the approved plans to the satisfaction of the City of Bayswater. Page 71 ORDINARY COUNCIL MEETING MINUTES 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 29 MARCH 2011 must be constructed wholly within the subject allotment. The external surface of the parapet/boundary wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961. The development complying with any details marked in red on the approved plans. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and the Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater. Sanitary conveniences and a shower facility are to be provided in accordance with the provisions of the Building Code of Australia, Health Act 1911 and the Occupational Safety and Health Regulations. The existing septic system(s) is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No2) 1997. Asbestos products are to be handled and disposed of in accordance with the Health (Asbestos) Regulations 1992; AS 2601 - 1991 'Demolition of Structures' and NOHSC 3002 (1988) 'Guide to the Control of Asbestos Hazards in Buildings and Structures'. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewage to all lots/units within the subdivision/development. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater. Provision must be made for access and facilities for use by people with disabilities in accordance with the Building Code of Australia and AS 1428.1. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997. Compliance with the City of Bayswater Health Local Laws. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. No storage of materials are permitted to be stored outside of the buildings or the approved bin store areas. Page 72 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: Committee Discussion The Committee considered the officer's recommendation and decided that the application for the proposed change of use be refused as the application was not compliant with scheme standards. The recommendation was amended as follows: That the application for the proposed change of use from 'warehouse' to 'industry' and refurbishment of the existing buildings at Lot 61 & 62, No. 18-20 Sussex Street, Bayswater, in accordance with the application and plans dated 23 December 2010, be refused on the following grounds: • Non compliance with scheme standards in relation to front and rear set back, car parking, site parking, site ratio and landscaping. At 9:37pm Cr Graham Pittaway withdrew from the meeting. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the application for the proposed change of use from 'warehouse' to 'industry' and refurbishment of the existing buildings at Lot 61 & 62, No. 18-20 Sussex Street, Bayswater, in accordance with the application and plans dated 23 December 2010, be refused on the following grounds: • Non compliance with scheme standards in relation to front and rear set back, car parking, site parking, site ratio and landscaping. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 73 ORDINARY COUNCIL MEETING MINUTES 11.1.12 29 MARCH 2011 Proposed Change of Use to Health Club Location: Lot 361, No.70 Walter Road West, Bedford Attachments: No.1 - Location Plan and Site Photos No.2 - Detailed Plans File No: DA11-0062 Applicant: D. Johnson Owner: H and C Vassileff Officer: A/Director of Planning and Development Services Application MRS Form 1 and plans dated 31 February 2011 have been received for a proposed change of use to a health studio and associated signage at Lot 361, No.70 Walter Road West, Bedford. The proposal comprises the use of the existing vacant premises with minor internal alterations and the addition of specific signage at the front and rear of the building. Council consideration is required for the following matters: a) The use of ‘health studio’ is listed as a discretional land-use under the provisions of Town Planning Scheme No.24 (TPS 24); b) To consider a shortfall in the number of parking bays required for the site; and c) To consider a variation to the landscaping requirements under TPS 24. Background Town Planning Scheme No. 24 Zoning: Business Use Class: Health Studio – ‘D’ Lot Area: 1,094 m² Existing Land Use: Commercial building (vacant) Surrounding Land Use: Showroom, Shop, Office Size/Nature of Proposed Development: Proposed Health Studio with Signage SCHEME PROVISIONS REQUIRED PROVIDED 13.5 metres 0 metres 0 metres 0 metres 6.1 metres* 0 metres * 3.0 metres* 18.5 metres* Parking 21 parking bays 19 parking bays** Landscaping 10% and 2 metre strip along street frontage Four (4) semi-mature shrubs** Setbacks Front (NW) Side (SW) Side (NE) Rear (SE) ‘*’ denotes existing building setbacks. ‘**’ denotes variation proposed to TPS 24 requirement. Page 74 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The site is currently vacant and was previously used as a local branch of the Commonwealth Bank of Australia. The application proposes to use the site as a gymnasium which operates on a 24 hour per day, seven (7) days per week arrangement. The activity will provide one staff member Monday to Thursday 8.30am to 11.30am and 4pm to 7pm, Fridays 8.30am to 11.30am and Saturdays from 8am until 12pm. There exists an informal access point which links the rear car park of the subject site with the adjoining car park at the Bedford Fair Shopping Centre at Lot 11, No.215-217 Grand Promenade, Bedford. In 1996 planning approval was granted for a restaurant with 346 seats maximum capacity at Lot 501, No. 68 Walter Road West, Bedford (currently operating as 'City Farmers'). In order to comply with the parking requirements under the Scheme, agreements were reached with landowners of adjoining sites which included Lot 361, No.70 Walter Road West, Bedford (subject site). The agreement between the properties lapsed in 2003 therefore no further link exists between the subject site and the adjoining properties at Lot 361, No.70 Walter Road West, Bedford and Lot 11, No.215-217 Grand Promenade, Bedford. At the Ordinary Council Meeting held on 26 October 2010 Council resolved to set aside funds to construct additional on-street parking bays in nearby Rosebery Street and Salisbury Street. These additional verge parking bays are currently under construction. Comment Compliance with Scheme Requirements The proposal has been assessed against the provisions of the City’s TPS 24, Council Policy and Local Laws and complies with all requirements with the exception of the proposed use which is discretional under TPS 24, and to consider a shortfall in car parking bays. Appropriateness of Use The subject site is zoned ‘urban’ under the provisions of the Metropolitan Region Scheme and zoned ‘business’ under the provisions of the City’s TPS 24. Under the ‘business’ zoning, a health studio is listed as a discretional use, which indicates that Council is required to be satisfied that the activity will not unduly impact on the amenity of the surrounding area. The site is located within a local commercial strip development and has direct frontage to Walter Road West. There are four (4) parking bays located at the front of the property and fourteen (14) additional parking bays at the rear of the site. The gymnasium is proposed to operate on a 24 hours per day, seven days per week arrangement, with a staff member being in attendance during peak times. The existing building is located 40 metres from the nearest residential property in Rosebery Street and is surrounded by commercial properties. The proposed use will increase activity in the area, particularly outside of standard business hours. Increased activity outside of standard business hours is considered to add to the vibrancy of an area, and provides increased opportunities for passive surveillance from additional vehicle and pedestrian movements in the area. The increase in vehicle and pedestrian movements in the vicinity of the site are deemed to be commensurate with the business zoning and is not considered to unduly affect the amenity of adjoining businesses and residential dwellings. Whilst it is acknowledged that the proposal will increase general activity in the area, the property is currently vacant and the proposed use is considered add to the variety of uses available to residents in the area. Page 75 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The proposed health studio is considered to compliment existing business activities in the area by providing increased opportunities for passive surveillance with the extended hours of operation. Although the proposal will increase activity in the area the health studio will add to the variety of land uses in the immediate area and provide a service to local residents and is considered to meet with the objectives of TPS 24. Car Parking The proposal provides a total of nineteen (19) parking bays within the site. Under the provisions of TPS 24, the proposal is required to provide twenty-one (21) parking bays to comply with the Scheme requirement. In support of the proposed parking shortfall, the applicant has provided the following information: • It is envisaged that up to 80% of clients would be within a 3km radius of the site, therefore a proportion of these persons would walk to the proposed gymnasium. • No group classes are proposed as part of the proposed activity, which reduces the parking demand and therefore potential impact from large numbers of persons arriving at one time. No crèche, pools or ancillary services are proposed in the application. • The proposal provides parking at a rate of 1 bay per 16m², which is relatively compliant with the Scheme requirement of 1 bay per 15m². • The 24 hour availability of the proposed activity would spread the parking demand over a longer timeframe. The application proposes a car parking shortfall of two (2) bays, which equates to a 9.5% reduction from the TPS 24 requirement. The site is located within a local commercial strip development along Walter Road West, and near the residential areas of Bedford, Dianella and Inglewood. The 24-hour availability of the proposed gymnasium is considered to alleviate some demand for parking bays during peak times, which are considered to be between 7.00am to 11.00am in the morning and 4.00pm to 8.00pm in the evening. In addition, no group classes, crèche or other similar type ancillary services are proposed to be provided, which is considered to further reduce the demand on existing parking facilities. Furthermore, it is considered that a proportion of clients would likely walk to the premises which would further assist in reducing parking demand. The City's Technical Services has indicated no objection to the proposal subject to conditions being imposed to upgrade the line marking of parking bays on the site and to allocate one (1) disabled parking bay at the front of the building. Conditions to this effect are included in the officer recommendation. The relaxation of the TPS 24 parking standards in this instance is not considered to unduly affect the amenity of the existing area. A condition which prevents group classes or activities from being undertaken from the site is included in the officer recommendation. Connection to Adjoining Car Park There is an existing access point between the rear corner of the subject site and an adjoining privately owned carpark to the Bedford Fair Shopping Centre at Nos.215-217 Grand Promenade, Bedford. The access point extends across the corner of the adjoining property at No.68 Walter Road West, Bedford (City Farmers) and arose from a previous planning approval issued in 1996 which has since expired. A review of the City’s records including title searches indicates no formal arrangement by way of legal agreement or similar mechanism on the certificates of title for the subject property or for the adjoining properties. Page 76 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The retention of the informal access point would result in the loss of two additional parking bays for the proposal, which are proposed to be located where the access point links with the adjoining Bedford Fair Shopping Centre. The deleted parking bays increase the parking shortfall from two (2) bays to four (4) bays (equates to a 19 percent parking shortfall). The City’s Technical Services has recommended that the informal access point between the subject site and the adjoining Bedford Fair Shopping Centre be maintained as it presently stands. However, this approach could be problematic given there is currently no evidence of a formal arrangement being in place on the certificates of title which supports the retention of the access point. Whilst it is acknowledged that there is some informal use of the access point by vehicles and pedestrians, given there is no formal mechanism which supports the informal arrangement. It is not possible to include linkages to other properties as these properties do not form part of the current application. Given that it is not possible to includes linkages to other properties which are not part of the current application, and as the previous planning approval and associated parking agreement has since expired, it is considered that the rear car parking area be approved as indicated on the plans, which in effect would delete the informal access point. On this basis, it is considered that the rear car parking area be approved as indicated on the proposed development plans. Landscaping The applicant is seeking a variation to the landscaping requirements outlined in TPS 24. The proposal is required to provide 10% of the site area as landscaped open space. The entire site comprises primarily of hard stand parking and pedestrian areas, and a review of previous approvals indicates that landscaping was not included at the time of the original building approval. It is considered appropriate that some form of dispensation could be considered given the existing context of the site. Whilst it is difficult to find suitable areas where landscaping could be installed without unduly affect vehicle manoeuvrability and/or pedestrian safety, is considered appropriate that some form of landscaping be provided to provide a ‘soft’ buffer between the building and the street. In this regard the applicant has agreed to provide four (4) large potted semi-mature trees to be located on the pedestrian path immediately at the front of the building, beneath the existing awning. By imposing a condition to this effect, it is considered that the proposed landscaping provides a ‘soft’ buffer between the building and street, without unduly affecting pedestrian access, and considered to provide an appropriate setting for the building, which is deemed to meet with the intent of the scheme requirement. Signage The application proposes a variety of signage to distinguish the building and the activity. The proposed signage includes the following: 1 x verandah sign; 1 x horizontal sign; 4 x wall signs; and 4 x lifestyle murals. The signage is proposed along the front of the building, which includes information signage relating to operating hours and staff contact details along with directional signage relating to parking areas at the rear of the site. Page 77 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The proposed signage has been assessed against the provisions of the City’s Signage Policy TP P 5.2 and complies with all requirements of the policy. No objection is raised to the proposed signage. Summary An application received for a proposed health studio (gymnasium) proposes variations to the number of car parking bays and landscaping as required by Town Planning Scheme No.24. The use is considered to provide increased opportunities for passive surveillance through the proposed extended operating hours and whilst it is acknowledged that there will be some increase activity in the area, it is considered that the proposed health studio will add to the variety of land uses in the Walter Road West commercial strip. The reduced number of parking bays is considered to be sufficient as the gymnasium is proposed to operate on a 24 hours per day, seven days per week arrangement and does not propose any group classes or ancillary functions which would involve large numbers of patrons arriving at one time. A proportion of patrons are likely to walk to the site from surrounding suburbs. There exists an informal access point resulting from a previous planning approval in 1996 which has since expired. The access point links the rear of the subject site to the adjoining Bedford Fair Shopping Centre carpark which is not indicated on the certificate of titles for either property. Each individual property has sufficient access to a public road and it is considered appropriate that the access link will be removed as part of the proposal. Although the existing building was approved without landscaping areas, the applicant has agreed to provide four (4) semi-mature potted shrubs immediately in front of the building. The provision of the four semi-mature potted shrubs is considered to meet with the intent of the scheme requirement. On this basis, the application is recommended for approval, subject to appropriate conditions. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval be granted for a change of use to health studio and associated signage at Lot 361, No.70 Walter Road West, Bedford in accordance with the application DA110062 and plans dated 31 January 2011, subject to the following planning conditions: 1. The applicant/owner incorporating one (1) disabled parking bay at the front of the building in accordance with the Australian Standards, to the satisfaction of the City of Bayswater. 2. The applicant/owner providing four (4) semi-mature potted shrubs directly adjacent to the building, located to provide appropriate clearance for pedestrians, to the satisfaction of the City of Bayswater. 3. The vehicle parking area shall be sealed, kerbed, drained and line-marked in accordance with the approved plans and specifications and shall be thereafter maintained to the satisfaction of the City of Bayswater. Page 78 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 4. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two (2) years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained; 5. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 6. The development complying with any details marked in red on the approved plans. 7. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. 8. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961. 9. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. 10. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997. 11. Sanitary Conveniences are to be provided in accordance with the provisions of the Building Code of Australia. 12. Compliance with the Health (Air Handling and Water Systems) Regulations 1994 and relevant Australian Standards eg AS 1668.2 “the use of mechanical ventilation and air conditioning in buildings” and AS 3666 “Air-handling and water systems of buildings –microbial control part 1: Design, installation and commissioning”. 13. Ventilation is to comply with the requirements of the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code of Australia. 14. Compliance with the City of Bayswater Health Local Laws. 15. The building is to be registered and certified as a public building with the Environmental Health Section of the City of Bayswater, in accordance with the Health (Public Buildings) Regulations 1992. 16. No storage or display of goods outside the building to the satisfaction of the City of Bayswater. 17. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater. 18. A bin area is to be provided of not less than 10 square metres and with a permanent water supply and drainage facility for washdown. The bin area is to be screened by a gate and brick walls or other suitable material to a height of not less than 1.8 metres. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 79 ORDINARY COUNCIL MEETING MINUTES 11.1.13 29 MARCH 2011 Perth Airport Update Attachments: No. 1 - Productivity Commission Issues Paper No. 2 - Commonwealth Government Response to Senate Inquiry No. 3 - National Aircraft Noise Ombudsman's Report Officer: A/Director of Planning and Development Services Application To update Council on three (3) matters associated with Perth Airport: 1. The Productivity Commission's Issues Paper entitled 'Economic Regulation of Airport Services'; 2. The Commonwealth Government Response to the "Senate Rural and Regional Affairs and Transport References Committee Inquiry Report on the Effectiveness of Airservices Australia's Management of Aircraft Noise"; and 3. The National Aircraft Noise Ombudsman's Report on a 'Review of Complaints Handling - Airservices Australia February 2011'. Background The City of Bayswater became a member of the Perth Airports Municipalities Group (PAMG) in September 2008. The City's representative delegate at these meetings is His Worship the Mayor, Councillor Terry Kenyon, with the Deputy Mayor, Councillor Barry McKenna and Councillor Alan Radford as deputy delegates. The Chief Executive Officer also attends as the City’s technical officer. Through participation and membership on this group the City has been able to: 1. 2. 3. Directly raise issues of concern about aviation operations that impact on the local community; Be given regular updates on matters affecting aviation at Perth Airport; and Provide input to improve and increase communication with the community about these matters. A Senate Committee held an inquiry in 2010 into the effectiveness of Airservices Australia’s management of aircraft noise. The PAMG made a submission to the inquiry on behalf of member councils, including the City of Bayswater. His Worship the Mayor provided comments to the PAMG on behalf of the City. The main points of the City’s submission were as follows: • • • • Residents have contacted the City of Bayswater to complain that there have been significant changes to flight paths and that aircraft-related noise levels have increased over the past 12 months; Residents also state that there has been no information available on these issues; The City is of the opinion that Airservices Australia has not conducted an effective, open and informed public consultation strategy with communities affected by aircraft noise. Many local residents have not heard of Airservices Australia and have not been adequately informed of changes to flight paths and aircraft-related noise issues; and Many of the community complaints have been directed to local governments rather than Airservices Australia. Page 80 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment This report provides an overview of three (3) matters associated with Perth Airport: 1. 2. 3. The Productivity Commission's Issues Paper entitled 'Economic Regulation of Airport Services'; The Commonwealth Government Response to the 'Senate Rural and Regional Affairs and Transport References Committee Inquiry Report on the Effectiveness of Airservices Australia's Management of Aircraft Noise'; and The National Aircraft Noise Ombudsman's Report on a 'Review of Complaints Handling - Airservices Australia February 2011'. Productivity Commission Inquiry The City received correspondence on 31 December 2010 from the Honourable Anthony Albanese, the Commonwealth Minister for Infrastructure and Transport, advising of a forthcoming Productivity Commission inquiry into the economic regulation of airport services across Australia. The inquiry is primarily investigating economic and regulatory issues associated with airports, including (but not limited to): 1. 2. 3. 4. 5. Whether the existing regulatory regime is effective in deterring potential abuses of market power by airport operators; The effectiveness of the monitoring regime conducted by the Australian Competition and Consumer Commission (ACCC); Whether the current regime impacts on the ability of airports to price, operate and invest in airport infrastructure in an efficient and timely manner; The quality of service at major Australian airports; and Any improvements or enhancements that could be made to the existing regime. The inquiry is also examining the provision of passenger transport services at and surrounding the main passenger airports operating in major Australian cities, which is likely to be the main area of interest for the City given Council’s previous support for a rail link from Bayswater train station to Perth Airport. Information on the Productivity Commission's Issues Paper entitled 'Economic Regulation of Airport Services' was forwarded to councillors in a memorandum dated 7 January 2011 and is provided in Attachment No. 1. The Productivity Commission met with the PAMG at its meeting held on 15 March 2011, mainly in relation to land transport and access issues at Perth Airport. The main issues discussed at the PAMG meeting were the major road upgrades to Great Eastern Highway, Leach Highway and Horrie Miller Drive as outlined in the 'Gateway WA' project to improve access to and from the airport. There were no major issues raised at the PAMG meeting held on 15 March 2011 that directly affect the City. The PAMG will be providing a response to the Productivity Commission on behalf of member councils. Commonwealth Government Response to Senate Inquiry The Senate requested the Rural and Regional Affairs and Transport References Committee report on the effectiveness of Airservices Australia's management of aircraft noise at major airports across Australia. The Senate Inquiry was prompted by concerns about aircraft noise across Australia and the responsiveness of Airservices Australia to complaints made by the community. Page 81 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The Committee made a number of recommendations to ensure that communication and complaint handling procedures are further strengthened and the Commonwealth Government has responded to the recommendations by noting or supporting the recommendations. The Commonwealth Government's responses are provided in Attachment No. 2. The two (2) major points to note are that: 1. 2. The Commonwealth Government has reaffirmed the independence of Aircraft Noise Ombudsman to represent any concerns from local communities; and The Commonwealth Government does not support the Committee's recommendation that the (Federal) Minister for Environment Protection, Heritage and the Arts review recent changes to flight paths around Perth Airport and the impact that the flight path change may have had on local communities. There are no actions required at this stage from the City on the Commonwealth Government's response to the Senate Inquiry. Ombudsman's Review of Airservices Australia Complaints Handling The Commonwealth Government, in accordance with direction provided in the National Aviation White Paper, appointed a national Aircraft Noise Ombudsman on 1 September 2010. The Ombudsman has produced a report on Airservices Australia complaint handling procedures (Refer to Attachment No. 3). The report found the Airservices Australia has improved its complaint handling procedures and communication with the general public. It notes that 'WebTrak' is a world's best practice online tool for delivering dynamic information regarding aircraft operations around major Australian airports. The report also makes further recommendations to improve practices and better protect and inform local communities. The greater transparency and accountability provided by the Aircraft Noise Ombudsman is a positive for local communities and is supported by the City. It appears that greater community interest and pressure in recent years has led to significant changes and improvements to the Airservices Australia's procedures and the Commonwealth Government's management of major airports and aircraft noise procedures in particular. This is a positive move and the greater transparency and accountability now provided is likely to mean that local communities' concerns can be better addressed. Summary No action is required from the City at this stage. Financial Implications Nil. Policy Implications Nil. Voting Requirements Simple Majority Required. Page 82 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that associated with Perth Airport: 1. Productivity Commission's Issues Paper entitled 'Economic Regulation of Airport Services' dated January 2011; 2. The Commonwealth Government Response to the 'Senate Rural and Regional Affairs and Transport References Committee Inquiry Report on the Effectiveness of Airservices Australia's Management of Aircraft Noise' dated February 2011; and 3. The National Aircraft Noise Ombudsman's Report on a 'Review of Complaints Handling - Airservices Australia' dated February 2011. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 83 ORDINARY COUNCIL MEETING MINUTES 11.1.14 29 MARCH 2011 Update on Prostitution Matters Officer: A/Director of Planning and Development Services Application To provide an update on the current and potential future legislation relating to prostitution in Western Australia and an overview of the alleged operation of brothels in the City of Bayswater. Background The previous State Labor Government sponsored the Prostitution Amendment Act 2008, which sought to decriminalise prostitution and generally devolve regulation and compliance issues to local authorities to be mainly dealt with as a land use planning matter. The City and many other local governments had concerns about the proposed legislation, particularly enforcement and compliance issues. The Act received royal assent, but was never officially promulgated in Parliament (it never became law). The principal statute governing prostitution in Western Australia therefore remains the Prostitution Act 2000 (WA). This Act mainly deals with street soliciting, offences involving children in relation to prostitution, advertising and sponsorship. Comment The City has received from time to time allegations of potential brothels, with one persistent case being the property at Lot 482, No. 115 Garratt Road, Bayswater. On 29 December 2008 the City sent a letter to the Western Australian Police Commissioner requesting police assistance in investigating the matter. The Western Australian Police has advised that it is difficult to police prostitution-related issues given current legislative and regulatory issues, with matters generally only investigated where there is evidence of the involvement of juveniles, drugs, organised crime or sexual servitude It is also difficult for the City to investigate prostitution-related matters, with gathering evidence a particular issue. There are no simple solutions to this issue. It is understood that other local governments also currently consider the issue problematic, particularly in terms of investigation, compliance and enforcement where alleged brothels operate in residential areas. The City understands that the State Liberal/National Government is investigating new legislation to regulate brothels and the prostitution industry. The Attorney-General, The Honourable Christian Porter, gave a speech to the Legislative Assembly on 25 November 2010 outlining the Western Australian Government’s intent to introduce new legislation to Parliament in 2011 to better control prostitution-related issues. The purpose of the Bill is to enable the Government to control sexual service business in Western Australia through a licensing and enforcement regime including: 1. 2. The licensing of all sex workers and those profiting from the activities of sex workers by the Department of Racing, Gaming and Liquor; Prostitution will not be allowed in residential areas (it is to be located at least 100 metres from residential dwellings) or close to protected places such as schools (to be located at least 200 metres from protected places); Page 84 ORDINARY COUNCIL MEETING MINUTES 3. 4. 29 MARCH 2011 A planning application would need to be made to the relevant local governments in accordance with town planning scheme requirements. The Minister for Planning would determine applications for brothels after taking into account the local government’s recommendations on the application; and Police would be given powers to investigate and prosecute unlicensed brothels or those that did not have the relevant planning approval from a local government. It was stated in the speech to Parliament that local governments “will not assume responsibility for investigating or closing in appropriately located or unlawful premises”. If the buffers noted in the Attorney-General’s speech are mirrored in the upcoming bill, prostitution and potential brothels would be limited in the City by legislation to only part of the Bayswater Industrial Area. The Western Australian Local Government Association (WALGA) has informally advised that the Attorney General’s Office has set up a Senior Officers Group which included stakeholders (WA Police, Department of Racing, Gaming and Liquor, Department of Child Protection, Department of Health etc). WALGA was also part of this group. The matters discussed in the preparation of drafting instructions have not been available for broader discussion and/or consultation to date. WALGA has advised that it will engage with local governments when it is appropriate to do so. A report would be referred to Council advising the detail of the new Bill when it is made publicly available. Summary The State Government intends to introduce new legislation to Parliament in 2011 to better control prostitution-related matters. The purpose of the Bill is to enable the State to control sexual service business in Western Australia through a licensing and enforcement regime. Prostitution will not be allowed in residential areas or close to protected places such as schools. A report would be referred to Council detailing and advising of the implication of the new Bill when it is made publicly available. Financial Implications Nil. Policy Implications Nil at present. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council note the information in this report in relation to the proposed new Bill to govern prostitution-related matters in Western Australia. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 85 ORDINARY COUNCIL MEETING MINUTES 11.1.15 29 MARCH 2011 Building Bill 2010 Attachments: No. 1- Proposed Building Bill 2010 No. 2 - WALGA Position Officer: A/Director of Planning and Development Services Application To brief the Council on the proposed discussion paper prepared by WALGA on the new Building Bill 2010. Background On 25 November 2010 WALGA sent an information circular to all member councils inviting comments on the new Building Bill 2010. The Building Bill 2010 (the ‘Bill’) sets out the process for setting building standards and ensuring these standards are met through a system of certifying compliance; granting building, demolition and occupancy permits; inspecting building work and reporting on maintenance of essential services in buildings. It also regulates construction on boundaries and provisions that apply to existing buildings, and provides for enforcement of standards and processes by permit authorities. Local government remain the permit authority for most buildings, but the State is also made a permit authority with jurisdiction across the whole State and there is provision for special permit authorities if needed. The Bill that replaces Parts VIII, IX and XV of the Local Government (Miscellaneous Provisions) Act 1960 that deals with private swimming pool safety barriers; smoke alarm installation into existing dwellings; the setting of building standards; licences for the erection, modification or demolition of buildings and other structures; enforcement of building control; accreditation of building surveyors, and the Building Regulations 1989. The Bill consolidates the framework for prescribing design, construction and maintenance standards; approving building proposals, and certifying compliance with the relevant building standards and codes in the interests of community safety and health. In early 2010 the City of Bayswater hosted a forum for the Australian Institute of Building Surveyors WA Chapter (AIBSWA) to review draft No. 3 of the Bill. The current draft available is draft No. 16. The Bill has been introduced into parliament and has the second reading. At the time that the Bill was introduced, no comment period had been permitted on Part 6 - 'Work Affecting Other Land' and Part 8 - 'Enforcement'. The Bill is segregated into 15 parts. The wording in some places is open in that regulations when drafted will address these issues such as fees. The Bill enables fees to be charged the rate etc will be regulated. Also the layout of the Bill is not simple to use as there are definitions spread all throughout the document and not listed in separate definition section or part. The intent of the Bill is to give the head of power to enable matters to be done and the regulations will be the day to day operation of the proposed Building Bill. Page 86 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment The Bill will cover all buildings within Western Australia, introduce permit issuing authorities, enable private certification and is designed to streamline and clarify the building process, including: Whole of state coverage; All buildings to be covered, including those owned by the Crown; Giving a clearer definition of what buildings are exemptions from the building permit process; • Nominating Permit Authorities - confirms local government's role in issuing building permits, and enables State Government or special permit authorities to be able to issue building and occupancy permits and to enforce building control; • Enabling private registered building surveyors to certify design compliance; • Introducing separate and streamlined processes for approving domestic and commercial buildings; • Retaining the option for owners to use the current local government combined certification and permit issuing function for residential houses and minor building work (class 1 and 10); • Taking a risk-based approach to inspection requirements so that registered building professionals require less independent checking than lay designers and owner-builders; • Providing a clear end-point to the construction process, and certification that the building complies with the building permit issued; • Registering a wider range of industry practitioners to certify compliance; • Implementing a nationally agreed accreditation framework for building surveyors; and • Implementing a process for the assessment and approval of building works carried out without a building permit. The outcome of these reforms is intended to be a more responsive and contemporary building regulatory system that meets the changing needs and aspirations of all building industry participants and consumers. • • • The proposed bill will require the local governments to consider how it resources the process of issuing permits and assessing applications. Processes Building Permits The process set out in the Bill is separated into two (2) streams of permits: 1. Certified permit: This is when the documentation in an application has been accessed by an independent Building Certifier. The Certifier will be ensuring the documents comply with the Building Code of Australia before the issuance of a permit. This permit is to be issued within 14 days of the application being received. In this timeframe, the local government is required to carry out any necessary internal checks, including but not limited to: • Planning; • Crossovers; • Health; • Drainage; and • Heritage. Page 87 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The local government has three (3) functions in the proposed process: 1. Issuing of permits; 2. Assessment for Class 1 and 10 buildings; and 3. Compliance. When dealing with Issuing permits, application can only be either: • Certified applications for all Class of buildings, or • Uncertified applications for Class 1 and 10 buildings. 4. Uncertified Permit: This is when the documentation in an application has not been accessed by an independent Building Certifier. The local Government is required to provide a service for Class 1 and 10 buildings (Dwellings and Sheds etc) similar to the current process where an applicant can present documentation with no certification and have it accessed and Certified and then a permit issued. The time frame for this process is 35 days as is the case under current legislation. The Local Government in the role of the permit issuing authority will not be able to accept non certified applications for Building Permits for Class 2 to 9 buildings (Commercial). This means that if the Local Government wishes to provide a service to certify Class 2 to 9 buildings then if will need to compete in the open market for this service, therefore it is anticipated that on top of the reduced fees for receiving applications that the income from the commercial and some residential is going to be reduced. The perceived view of requiring the Local Government to provide the assessment service for the Class 1 and 10 buildings is so that the small developers and patios can be carried out. Failure to issue the Building Permit within 14 days is a deemed refused. If the application is found to be deficient in required information then the local Government may: 1. Reject the application and retain the fees, or 2. Request additional information. If the information is not submitted within 21 days the application can be rejected and the fees retained. In the event that the local government does not deal with the application within 14 days, the application is deemed refused and 50 percent of the fee is to be refunded. Please see Attachment No. 1 for a tabled explanation of the proposed Bill. The programmed timeline for reform implementation is as follows: • Pass through Parliament in Autumn 2011; • Commencement May/June 2011; and • Phased implementation over 12 months. WALGA Position. At the WALGA State Council meeting 18 February 2011 the following motion was adopted unanimously: "That: 1. A detailed submission outlining Local government main areas of concern highlighted in this report be developed for a final approval by WALGA President and submitted to the Minister for Finance; Commerce and Small Business and the Building commission on the Building Bill 2010. 2. The Minister be advised that the Local Government is sup portative of the modernization of the building legislation in WA and will work with the Government to achieve this; Page 88 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 3. WALGA requests the Minister postpone future debate on the Building Bill 2010 in the Parliament, to enable the matters identified by Local Government and other stakeholders to be addressed in the Bill and through the presentation of associated regulations; and 4. WALGA requests the Building commission work in partnership with the sector, in the refinement of the Bill and development of the regulations in the preparation of an implementation strategy for the transition to the new building approvals system." WALGA outline seven (7) main areas of concern. These are detailed in Attachment No. 2. Summary The proposed new Building Bill is an improvement to the existing building-related legislation as it enables local governments to deal with issues it cannot deal with under current legislation, for example, the removal of fences without authorisation. The main concern is that there is confusion as to what exactly the local government role is to be particularly in the enforcement area. There also may be an additional role for the local government to undertake audits of applications being submitted. Policy Implications Policies may need to be developed following promulgation of the new building legislation, however this will depend on the provisions of the final Building Bill and any associated regulations and guidelines and advice notes. Financial Implications Nil. Voting Requirements Simple Majority Required. ADDENDUM – ORDINARY COUNCIL MEETING –29 MARCH 2011 At the Planning and Development Services and Administration and Community Services Committee meeting held on Monday, 21 March 2011, the information in the 'Income' field of Attachment No. 1 (Proposed Building Bill) was incorrect. The correct figures are shown below: Item Income (approximate reduction of 47%) Current $475,890 Uncertified $138,468 Certified $114,720 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the City’s response to the WALGA discussion paper be as per the officer's recommendations as set out in Attachment 2 of this report. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 89 ORDINARY COUNCIL MEETING MINUTES 11.1.16 29 MARCH 2011 2011 National Mainstreet Conference Location: Australian Wine Centre, Adelaide Attachments: Conference Programme Officer: A/Director of Planning and Development Services Application To advise Council of the 2011 National Mainstreet Conference, to be held at the Australian Wine Centre, Adelaide from 1 May 2011 - 4 May 2011. Background The National Mainstreet Conference, brings together decision makers and those interested in developing main streets, town centres and precincts to benefit communities, tourism and urban development. Following the impetus of the 8th National Mainstreet Conference being awarded to Adelaide the local organising committee have developed Mainstreet SA. The South Australian branch of Mainstreet Australia intends to deliver services to the local Community Business Centres through the 2011 conference and beyond. Mainstreet Australia represents local business groups, centre coordinators, economic development practitioners and individuals who share a commitment to promoting and developing Mainstreets across Australia. Comment The key theme of the conference is 'Everything Old is New Again'. Case studies, panel sessions, keynotes and presentations and study tours will build on this through the following subthemes: • • • • Management Marketing Business Development Placemaking The ideas generated, information gathered and viewpoints debated throughout the event will culminate, for the first time at a Mainstreet Conference, in an interactive Masterclass which will be held on the final day. The Conference registration brochure and program are included as an attachment to this report. The Conference program will include: • Renowned invited domestic and international keynote speakers. • Concurrent sessions and tours on mainstreet revitalisation, the role of government in managing mainstreets, reinvigorating streetscapes, public transport, urban renewal, public art and urban design.. The conference will provide a useful reference tool for the City’s key strategic planning projects, such as the Local Housing Strategy, Morley City Centre Masterplan and the Maylands and other Town Centres Studies. Page 90 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 It is not proposed to send any of the City's officers at this stage. Summary The 2011 Mainstreet National Conference with the theme 'Everything Old is New Again' is to be held at the Australian Wine Centre, Adelaide from 1 May 2011 - 4 May 2011. Policy Implications Council Policy No.EO-P05 Travel and Accommodation provides the arrangements for the reimbursement of conference travel and accommodation expenses for Elected Members and Officers in accordance with the Local Government Act 1995. Council Policy EO-P22 Conference/Seminar Attendance – Elected Members establishes the parameters for the attendance of Elected Members at interstate and regional Western Australian conferences. Each Elected Member is eligible to attend up to three (3) conferences for the period covering the bi-annual elections. Financial Implications The estimated cost associated with attendance at the conference is $3,000 per attendee and would be funded through the respective conference accounts. Voting Requirements Simple Majority Required. Officer Recommendation That Council approve the attendance and associated costs of Cr _______ at the 2011 Mainstreet National Conference to be held at the Australian Wine Centre, Adelaide from 1 May 2011 - 4 May 2011 inclusive. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council approve the attendance and associated costs of Cr Barry McKenna, Cr Sonia Turkington and Cr Sylvan Albert at the 2011 Mainstreet National Conference to be held at the Australian Wine Centre, Adelaide from 1 May 2011 - 4 May 2011 inclusive. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 91 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 11.2 Administration and Community Services 11.2.1 Aquatic Facilities Management Report- February 2011 Attachments: Aquatic Facilities Management Report – February 2011 Officer: Director of Administration and Community Services Application To consider the report of activities and operations at the City of Bayswater aquatic facilities for February 2011. Background The aquatic facilities management report outlines the statistics, programs and operations of the centre to allow the council to make effective and informed decisions on the services Bayswater Waves provides the community. A copy of the report and operations undertaken in the month of February 2011 is attached. (Refer to Attachment No. 1). Comment Bayswater Waves mission statement; "To enrich community life and enhance the wellbeing of people of all ages, particularly the residents of the City of Bayswater, by providing high quality leisure facilities and services.” Bayswater Waves operating hours are: Monday to Friday 5:30am to 8:30pm Saturday to Sunday 7:30am to 7:00pm Maylands Waterland operating hours are from 1 November 2010 through to April 2011: Monday to Sunday 10:00am to 5:00pm Usage Figures for this month have again continued along similar trends with the aquatic department exceeding last year's numbers. The swim school department has also continued to generate great participation numbers in there learn to swim programs and have also received great feedback and support from the wider community towards water safety and awareness initiatives. Programs The swim school Term 1 commenced in February very successfully, with 1,528 participants. Projects The Aquatic Facility had a notable achievement during February 2011: 1. Two teams of lifeguards were entered into the annual Royal Life Saving Society Pool Lifeguard Challenge on 17 February. The teams were awarded 1st and 8th place. This is the second time a City of Bayswater team has won the Lifeguard Challenge. More information is included in Attachment 1. Page 92 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the report of activities and operations for the City of Bayswater’s aquatic facilities for February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 93 ORDINARY COUNCIL MEETING MINUTES 11.2.2 29 MARCH 2011 City of Bayswater Rangers Services Report – January and February 2011 Attachments: No. 1 - Ranger Services Management Report – January 2011 No. 2 - Ranger Services Management Report – February 2011 Officer: Director of Administration and Community Services Application To provide Council with information about the activities of City of Bayswater Ranger Services for January 2011 and February 2011 in order for Council to make informed decisions about the service provided. Background Statistics relating to Ranger Services have been presented to Council previously by providing a spreadsheet of Action Request types and a brief description of activities or issues arising. The intent of the Ranger Services report is to provide Council with information about the service in order to be kept informed on the issues and application of the service. Ranger Services deals with action request and administer laws relating to specific legislation in order to maintain and improve community safety. The various Legislation rangers administer include the Dog Act 1976, the Litter Act 1976, the Bush Fires Act 1954, the Control of Vehicles (Off-road Areas) Act 1978, the Local Government Act 1995 and the City of Bayswater Local Laws. Rangers also act as eyes on the street and report any illegal activity to police. The City’s Ranger Services are located at 25 King Street. The office is open to the public Monday to Friday 8:30am to 5:00pm. Community Rangers are on duty from: 7:00am to 9:00pm Monday to Friday 9:00am to 5:00pm Saturday and Sunday Comment The Ranger Services Management Reports (Refer to Attachment Nos. 1 and 2) reflects the work carried out by rangers throughout the months of January 2011 and February 2011. During January 2011 rangers received 227 Action Requests relating to ranger activities with 76 of those relating to animals (dogs) and 117 relating to parking. These are the highest two area of complaint. Fire hazard inspections were in the most part completed with a few remaining properties requiring additional work. During February 2011 rangers received 224 Action Requests relating to ranger activities with 65 of those relating to animals (dogs) and 125 relating to parking. These are the highest two area of complaint. During the Fire Season of 2010 - 2011, 597 properties were identified as potential hazards and the owners contacted. Final inspections began on 1 December 2010 and where the hazard was not been removed, the City issued infringement notices removed the hazard. Costs are recovered from the land owner. Page 94 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Fire breaks must be maintained until 30 April 2011. Up until 30 April 2011, rangers will continue to monitor any properties for regrowth that may cause a hazard. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Ranger Services Management Report for January and February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 95 ORDINARY COUNCIL MEETING MINUTES 11.2.3 29 MARCH 2011 Section 26 Exemption to Keep Three Dogs at a Premises Attachments: No. 1 - Application Form (Confidential Attachment) No. 2 - Ranger Report (Confidential Attachment) Officer: Director of Administration and Community Services CONFIDENTIAL ATTACHMENT Application To seek Council approval for the keeping of more than two (2) dogs at 81 River Road, Bayswater in accordance with the provisions of the Dog Act 1976. Background On 20 December 2010, an application was submitted to the City of Bayswater under Section 26 of the Dog Act 1976 seeking approval to keep three dogs at 81 River Road, Bayswater (Refer to Confidential Attachment No. 1). The dogs subject to the application are: 1) 12 year old Sterilised Male Dalmatian that suffers from blindness. 2) 7 year old Female Sterilised German Shepherd in good health. 3) 8 year old Sterilised Female Doberman that suffers from spondylolisthesis. Spondylolisthesis is a condition in which a bone (vertebra) in the lower part of the spine slips out of the proper position onto the bone below it. The provisions of the Dog Act 1976 provide that a local government may limit the number of dogs kept at a premises by establishing a Local Law. The City of Bayswater has set a limit for the number of dogs normally kept at a premises as two (2) dogs. This limit is set out in the City of Bayswater Local Laws Relating to Dogs, Clause 2(2). If a person seeks to keep more than two (2) dogs at a premises but not more than six (6) dogs, that person may make an application to the City of Bayswater for consideration to keep those dogs on the premises. The occupier of 81 River Road, Bayswater has made such an application to the City of Bayswater to keep three (3) dogs at 81 River Road, Bayswater. Council may either approve the application with various conditions, or reject the application. The application process requires consultation with immediate neighbours and a total of thirteen (13) survey letters were sent out. In addition to this, a Ranger has conducted a site inspection of the property to ensure that provisions exist for keeping more than the prescribed numbers of dogs. If an application is rejected or the applicant is aggrieved by the conditions imposed by the City of Bayswater, the applicant may apply to the State Administrative Tribunal for a review of the decision. Page 96 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment 1. On 20 December 2010, an application was submitted to the City of Bayswater under Section 26 of the Dog Act seeking approval to keep three dogs at 81 River Road, Bayswater Bayswater (Refer to Confidential Attachment No. 1). 2. The dogs are older dogs and one is blind. The (8) eight year old Doberman dog suffers from spondylolisthesis which is a condition in which a bone (vertebra) in the lower part of the spine slips out of the proper position onto the bone below it. This apparently limits the animal's movement. 3. After receiving the application, City of Bayswater Rangers made enquiries at and within 50 metres around the property. Thirteen (13) survey letters were sent by the City of Bayswater Rangers and Security seeking comments in relation to the application. 4. The property at 81 River Road, Bayswater was inspected at the invitation of the owner for the purpose of assessing the application. As a result of the inspection the investigating officer provided a report on his findings (Refer to Confidential Attachment No. 2). 5. Five (5) responses were received by the City of Bayswater as a result of the survey. Of those four (4) respondents supported the application and 1 objected to the application. 6. The objection to the application is based on the respondent’s allegation that the dogs from the property bark when people walk along Claughton Reserve (an adjoining property) and that the dogs have previously escaped from the property and wandered into neighbouring properties. City of Bayswater records indicate that no warnings, infringement notices or prosecutions have been recorded against the owners of the dogs for this property. The property is a 1,000 square metre block having a combination of 1.8m high chain mesh and wooden fencing. There are two gates to the yard and both are in good condition. The investigating officer that attended the premises has formed the view that the yard area is sufficient in size to hold and contain the three dogs. The yard is clean and there are no smells or signs of excreta. It is recommended that should Council consider approving the keeping of more than the prescribed number of dogs at the property, that the following conditions be considered: 1. 2. 3. 4. 5. The City of Bayswater grants an approval to the applicant that permits the keeping of three (3) dogs indentified in the application. The dog owner maintains the premises in a clean and satisfactory condition free of vermin, parasites and animal excrement. The dogs have access to a grassed area of not less than 25 square meters. No offences are recorded against the owner or any person in charge of the dogs kept at the premises. Council may review the approval at any time. Page 97 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the City of Bayswater grants the approval to the applicant that permits that keeping of three (3) dogs indentified in the application, subject to the following conditions: a) The dog owner maintains the premises in a clean and satisfactory condition free of vermin, parasites and animal excrement. b) The dogs have access to a grassed area of not less than 25 square metres. c) No offences are recorded against the owner or any person in charge of the dogs kept at the premises. d) Council may review this approval at any time. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 98 ORDINARY COUNCIL MEETING MINUTES 11.2.4 29 MARCH 2011 Non Drying Paint Security Product Attachments: Paint on Security - Product Brochure Officer: Director of Administration and Community Services Refer: Item 13.2.6: OCM 22/02/11 Application To provide Council with information and research about a non-drying paint that is used as a graffiti prevention strategy and anti-climb/vandal initiative. Background At the Security Watch Advisory Committee (SWAC) meeting held on 14 February 2011 a member presented a late item discussing a product that could potentially be used to deter criminal damage (Graffiti) on walls and buildings (Refer to Attachment No. 1). This product is called Non Drying Paint. This is also referred to as Anti-Vandal Paint. Non drying paint consists of a thick oily coating that is applied with a hard bristled brush. The paint has an effective life of between one (1) and three (3) years at which time it is recommended by the manufacturers to repaint the surface. The SWAC discussion on this item requested that a separate report be placed before Council for consideration of use of this or similar products as a graffiti prevention initiative. The City of Bayswater currently spends between $160,000 and $170,000 in removing graffiti from private and public areas in the City. This financial year to date has resulted in the City spending $78,684 in graffiti removal. Comment Non drying paint has been available on the market and used extensively in Britain since 2005. Application of the product is usually above a height of 2.4 metres in conjunction with a sign that notifies would be offenders of the presence of the paint. When a person touches the paint its compound sticks to the clothing or body parts that touch the surface area of the paint. Contemporary crime prevention often makes reference to Crime Prevention Through Environmental Design (CPTED). This approach to crime reduction strategies suggests that by making it more difficult for offenders to commit an offence using building type and environmental design it reduces the likelihood of the offence occurring. An analysis of the graffiti attacks on Council property indicates that there is no graffiti removed by our graffiti removal team that is above 2.4 metres. There are some incidents where graffiti occurs over 2.4 metres however this is generally found on private land. Should incidents be found at these heights this product could be recommended to property owners as a preventative strategy or for applying to City of Bayswater property. The product is available in 4 colours being black, dark green, beige and dark brown. Page 99 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the product information be noted and provided to the City of Bayswater graffiti removal staff. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 100 ORDINARY COUNCIL MEETING MINUTES 11.2.5 29 MARCH 2011 Bayswater Sports Club Inc. Upper Hillcrest Reserve Clubrooms Officer: Director of Administration and Community Services Application To advise Council that current members of the Bayswater Sporting Club Inc. have expressed concerns verbally that an Annual General Meeting has not been called in accordance with the constitution of the Bayswater Sporting Club Inc. Background The Bayswater Sports Club Inc currently leases the Upper Hillcrest Reserve Clubrooms on Coode Street, Bayswater. The period of lease is for 21 years and this commenced on 1 January 1999 with an expiry of 31 December 2020. The Lease also has an option of renewal of a further 21 years The Bayswater Sports Club Inc (Association) comprises of the following two clubs: 1. 2. Bayswater Football Club who’s playing season spans from April to September (winter). According to the City’s records, the Club comprises of two senior teams that train on Tuesday and Thursday evenings with the match day being held on Saturday. Bayswater Postels Cricket Club Inc. who’s playing season is from October to March (summer). According to the City’s records, the Club comprises of 3 senior teams that train on Tuesday and Thursday evenings with their match day being held on the Saturday. Members of the club have expressed concern to officers that Bayswater Sports Club Inc. has not fulfilled the requirement of their club constitution by holding an Annual General Meeting for the financial year 2010 by the required date specified in the club constitution (31 August 2010 or within three months after). Bayswater Sporting Club has outstanding fees due to the City ($1,522) for refuse rates for the financial years 2009/2010 and 2010/2011. The lease agreement between the City and Bayswater Sports Club requires the Sports Club to duly and punctually pay all rates, taxes, assessments, impositions and outgoings (clause 4C), and comply with and obey the provisions of and all lawful valid regulations, notices, orders and local laws (clause 4D). Officers have written to Bayswater Sports Club Inc. on five (5) occasions this current financial year requesting payment of outstanding fees and spoken to the club president on three (3) occasions. To date, the outstanding amount still remains unpaid and this constitutes a breach under clause 4C. The lease granted by the City in 1999 is to Bayswater Sports Club Inc. One of the requirements as an incorporated Association is to have a formal constitution in place. The Bayswater Sports Club Inc. constitution appears to have been in place since the clubs development in 1999. It also appears that his constitution has not been reviewed since its original adoption by the Association. The club constitution exists to regulate the overall management of the club, providing rules for important business matters such as management committee elections, meetings, and financial records and management. Between 2005 - 2010 the City has written to the Bayswater Sports Club on six (6) occasions as a result of complaints received from residents in relation to excessive noise and anti-social behaviour coming from in and around the clubrooms. Page 101 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 10 letters have been sent from the City highlighting areas of building maintenance and cleanliness to be addressed as per the lease agreement, and the City has intervened and conducted meetings between the member clubs of the association to address financial affairs and outstanding debts between the member clubs. In addition during 2009 the City provided the services of an external facilitator to Bayswater Sports Club Inc. to assist with the AGM process and to ensure the AGM was conducted as per the terms of the club constitution. The City has received ongoing verbal complaints from Bayswater Sports Club members reporting that the club has again not conducted the 2010 AGM as required by the club constitution. Allegations have also been made that the club have not maintained their PO Box address and appropriate Liquor License for the premises. Officers have maintained ongoing communication with the president of Bayswater Sporting Club since October 2010 and requested that the due AGM is conducted as per the constitution. The AGM was due by November 2010 and has not yet taken place. In recent discussion with the club president Officers requested that an AGM is duly advertised and conducted by 28 February 2011. None of these requests have been actioned and the Association has failed to call an AGM for 2010. Comment The City has a number of options to consider in addressing the situation of Bayswater Sporting Club Inc. Upper Hillcrest Reserve is a significant active reserve catering for WA Cricket Association league turf cricket as well as local league cricket played within the Perth Cricket Association during the summer season. Bayswater Football Club, which is the oldest Football Club within the Perth Metropolitan area train and play on the reserve during winter. The reserve is used extensively by a number of local schools and offers a range of passive recreational facilities to the wider community including play equipment, gazebo, practice nets and passive lighting which allows year round walking and exercise opportunity. The current situation can be deemed as a breach of lease and the City has the following options: 1. Issue a formal written warning to Bayswater Sports Club Inc. Council can issue a formal written warning to the club, giving notice to the club to comply with the terms of the lease, pay all outstanding fees due to the City and to conduct an Annual General Meeting as per the requirement of the club constitution by 29 April 2011. Advantages A formal written warning provides Council an opportunity in the future, should the club not act upon a formal written warning to consider terminating the lease under clause 9 of the lease - default by lessee. A written notice provides the club an opportunity to reassess and rectify any constitutional shortfall. Disadvantages This approach has been used many times in the past and the Association may not take the matter seriously. Page 102 ORDINARY COUNCIL MEETING MINUTES 2. 29 MARCH 2011 The City offer assistance to convene and deliver an AGM as per the constitution of the Club. Council may wish to offer assistance to the club to ensure the requirement of the constitution is met. As part of the process a review of the club constitution could be undertaken in order to ensure a viable and sustainable future committee structure. Advantages The City is able to offer assistance through our Club Development Officer and work with the club to establish improved club governance and management practices. An opportunity exists to review and update the club constitution in line with Department of Commerce guidelines to incorporated associations. Disadvantages The City has previously engaged an independent facilitator to conduct the required club AGM in 2009 with the aim of all constituent clubs working towards a positive outcome. 3. Terminate Lease Agreement Council could take steps to terminate the lease agreement and pursue alternative lease or letting arrangements for the premises. Advantages A new lessee could be sought to benefit all users of the reserve and the surrounding community. Alternatively the facility may be let to community groups as a community hall for hire for short term regular usage similar to Beaufort Park Hall and Bayswater Drill Hall. Constituent clubs associated to Upper Hillcrest Reserve could hire and access the hall and social facilities as required after training and match-play. Disadvantages Council may incur additional costs associated with the facility such as utility outgoings and minor maintenance which are currently borne by the lessee. Summary In light of the history of events associated with Bayswater Sports Club Inc. and constituent clubs this matter is referred to Council for consideration and direction. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. Page 103 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Committee/Officer’s Recommendation to Council That: 1. The City issue a formal written warning to Bayswater Sports Club Inc. giving notice to the club to comply with the terms of the lease, pay all outstanding fees due to the City and to conduct an Annual General Meeting as per the requirement of the club constitution by 29 April 2011. 2. The City offer assistance to Bayswater Sports Club Inc. to convene and deliver an AGM as per the constitution of the Club. 3. A progress report be presented back to Council in May 2011. Council Discussion The Council discussed this item and believed that a point 4 should be added to the resolution to ensure that users of the facility return any loose objects to the club rooms after use to deter anti-social behaviour. COUNCIL RESOLUTION CR TERRY KENYON, JP MOVED, CR MARLENE ROBINSON SECONDED that: 1. The City issue a formal written warning to Bayswater Sports Club Inc. giving notice to the club to comply with the terms of the lease, pay all outstanding fees due to the City and to conduct an Annual General Meeting as per the requirement of the club constitution by 29 April 2011. 2. The City offer assistance to Bayswater Sports Club Inc. to convene and deliver an AGM as per the constitution of the Club. 3. A progress report be presented back to Council in May 2011. 4. Any loose objects removed from the building are required to be returned immediately after use back to the building. CARRIED UNANIMOUSLY Page 104 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: At 9:41pm Cr Graham Pittaway returned to the meeting. 11.2.6 City of Bayswater 2011 Scholarship Program Officer: Director of Administration and Community Services Application To seek Council approval to: 1. Initiate the City of Bayswater 2011 Scholarship Program. 2. Seek nominations for appointment of the selection committee to conduct interviews/auditions for the scholarships. Background The first Education Scholarship was presented in November 1986, when the Morley Citizens Club (Inc) set up a trust fund, in perpetuity with the City to provide for a Scholarship. Additional Scholarships have since been introduced and provided by the City of Bayswater to its residents. The Scholarship Programme encourages the students residing within the City, to achieve and participate in their chosen field of study or activity. In 2010, the following Scholarships were made available: Scholarship Education (Achievement) Awarded to assist students further their studies. Education (Assistance) Awarded to assist students further their studies. Music (Primary / Secondary) Awarded to assist students further their studies. Visual Arts Awarded to assist students to further their studies in the visual arts (visual arts include painting, illustrating, sculpture, fine crafts and photography). Sport / Sports Officials Awarded to assist students attain excellence in their chosen sport and to assist an individual progress their involvement, training and development as a Sports Official. Local Sport Representation Awarded to assist student to participate in local sports. Scholarship Amount $1,200 Number of Scholarships 3 $1,200 3 $1,200 3 $1,200 3 $1,200 3 $ 500 3 Comment The City of Bayswater 2011 Scholarship Programme will be advertised through local newspapers during the months of April and May 2011. Posters will be displayed on notice boards located at the Civic Centre, Max Tulley (Galleria Office), Libraries and the City's website. Application packages will be made available at these locations and also available on the City's website. Page 105 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 It is suggested that the closing date for the City of Bayswater 2011 Scholarships be advertised as 31 May 2011. Councillors and professionals from various fields are nominated to a Selection Committee, who then interview and determine the winners of each scholarship. Completed application packages will be made available to the members of the Selection Committee accompanied with interview dates and times. The number of scholarship applications will determine the interview schedule. A special presentation ceremony, at which certificates and cheques are presented to the winners is proposed for a date and time to be determined by His Worship the Mayor. Policy Implications Education Visual Arts Sport Local Sports Representation Music Policy No. AD-P09 Policy No. AD-P12 Policy No. AD-P11 Policy No. AD-P15 Policy No. AD-P10 Financial Implications The following table represents the 2010/2011 Budget allocation for Scholarships. Account No. Category 2011 Budget 2092004379 Education $12,000 2083254406 Visual Arts $3,600 2083234379 Sport / Officials / Local Sport $5,100 2083204379 Music $3,600 TOTAL $24,300 Voting Requirements Simple Majority Required. Officer Recommendation That: 1. The closing date for the City of Bayswater 2011 Scholarship applications to be advertised as 31 May 2011. 2. Officers invite a representative from the Education Department, representatives from the Morley Citizens Club (Inc), a music adjudicator and a professional from the field of art to participate as Selection Committee Members for the 2011 City of Bayswater Scholarships. Page 106 ORDINARY COUNCIL MEETING MINUTES 3. 29 MARCH 2011 The City of Bayswater 2011 Scholarship Programme be approved as follows: Category Number of Scholarships Scholarship Amount Total Scholarship Education (Achievement) 3 $1,200 $3,600 Education (Assistance) 3 $1,200 $3,600 Music (Primary / Secondary) 3 $1,200 $3,600 Visual Arts 3 $1,200 $3,600 Sport / Sports Official 3 $1,200 $3,600 Local Sports Representation 3 $ 500 $1,500 TOTAL $19,500 4. The interviews/auditions to be conducted at a date and time determined by His Worship the Mayor. 5. The following Councillors be nominated to sit on the 2011 Scholarships Selection Committees: Education (Achievement and Assistance) Cr _____________ Cr _____________ Cr _____________ Visual Arts Cr _____________ Cr _____________ Cr _____________ Sport / Local Sport Representation Cr _____________ Cr _____________ Cr _____________ Music Cr _____________ Cr _____________ Cr _____________ 6. All Councillors be nominated as deputies for all Selection Committees. 7. The winners of the City of Bayswater 2011 Scholarships remain confidential until announced at the Scholarship Presentation Evening. 8. The Presentation Evening to be held at the City of Bayswater Civic Centre, Embleton Room at 7:00pm at a date and time to be determined by His Worship the Mayor. Page 107 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Planning and Development Services & Administration and Community Services Committee Meeting: Committee Discussion The Committee considered the officers recommendation and nominated Councillors for each of the Scholarship Selection Committees. Point 5 of the recommendation was amended as follows: 5. The following Councillors be nominated to sit on the 2011 Scholarships Selection Committees: Education (Achievement and Assistance) • Cr McKenna • Cr Sonia Turkington Visual Arts • Cr Marlene Robinson • Cr Sally Palmer • Cr Mike Sabatino Sport / Local Sport Representation • Cr Terry G Kenyon, JP • Cr Alan Radford Music • Cr Sylvan Albert Committee Recommendation to Council That: 1. The closing date for the City of Bayswater 2011 Scholarship applications to be advertised as 31 May 2011. 2. Officers invite a representative from the Education Department, representatives from the Morley Citizens Club (Inc), a music adjudicator and a professional from the field of art to participate as Selection Committee Members for the 2011 City of Bayswater Scholarships. 3. The City of Bayswater 2011 Scholarship Programme be approved as follows: Category Number of Scholarships Scholarship Amount Total Scholarship Education (Achievement) 3 $1,200 $3,600 Education (Assistance) 3 $1,200 $3,600 Music (Primary / Secondary) 3 $1,200 $3,600 Visual Arts 3 $1,200 $3,600 Sport / Sports Official 3 $1,200 $3,600 Local Sports Representation 3 $ 500 $1,500 TOTAL Page 108 $19,500 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 4. The interviews/auditions to be conducted at a date and time determined by His Worship the Mayor. 5. The following Councillors be nominated to sit on the 2011 Scholarships Selection Committees: Education (Achievement and Assistance) Cr Barry McKenna Cr Sonia Turkington Cr _____________ Cr Sally Palmer Cr Michael Sabatino Visual Arts Cr Marlene Robinson Sport / Local Sport Representation Cr Terry G Kenyon, JP Cr Alan Radford Cr _____________ Music Cr Sylvan Albert Cr _____________ Cr _____________ 6. All Councillors be nominated as deputies for all Selection Committees. 7. The winners of the City of Bayswater 2011 Scholarships remain confidential until announced at the Scholarship Presentation Evening. 8. The Presentation Evening to be held at the City of Bayswater Civic Centre, Embleton Room at 7:00pm at a date and time to be determined by His Worship the Mayor. AMENDMENT CR BARRY MCKENNA MOVED, CR TERRY KENYON, JP SECONDED that the Scholarships amount be increased from $1,200 to $1,500 and the Local Sports Representation scholarship amount be increased from $500 to $750 and accordingly, Point 3 be amended to read as follows; 3. The City of Bayswater 2011 Scholarship Programme be approved as follows: Category Number of Scholarships Scholarship Amount Total Scholarship Education (Achievement) 3 $1,500 $4,500 Education (Assistance) 3 $1,500 $4,500 Music (Primary / Secondary) 3 $1,500 $4,500 Visual Arts 3 $1,500 $4,500 Sport / Sports Official 3 $1,500 $4,500 Local Sports Representation 3 $ 750 $2,250 TOTAL The Amendment was put and $24,750 CARRIED UNANIMOUSLY The Amendment became part of the Substantive Motion. Page 109 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR BARRY MCKENNA MOVED, CR TERRY KENYON, JP SECONDED that: 1. The closing date for the City of Bayswater 2011 Scholarship applications to be advertised as 31 May 2011. 2. Officers invite a representative from the Education Department, representatives from the Morley Citizens Club (Inc), a music adjudicator and a professional from the field of art to participate as Selection Committee Members for the 2011 City of Bayswater Scholarships. 3. The City of Bayswater 2011 Scholarship Programme be approved as follows: Category Number of Scholarships Scholarship Amount Total Scholarship Education (Achievement) 3 $1,500 $4,500 Education (Assistance) 3 $1,500 $4,500 Music (Primary / Secondary) 3 $1,500 $4,500 Visual Arts 3 $1,500 $4,500 Sport / Sports Official 3 $1,500 $4,500 Local Sports Representation 3 $ 750 $2,250 TOTAL $24,750 4. The interviews/auditions to be conducted at a date and time determined by His Worship the Mayor. 5. The following Councillors be nominated to sit on the 2011 Scholarships Selection Committees: Education (Achievement and Assistance) Cr Barry McKenna Cr Sonia Turkington Mayor Terry Kenyon Visual Arts Cr Marlene Robinson Cr Michael Sabatino Cr Sally Palmer Sport / Local Sport Representation Cr Terry G Kenyon, JP Cr Alan Radford Cr Mike Anderton Music Cr Sylvan Albert Cr Sally Palmer Cr Terry Blanchard 6. All Councillors be nominated as deputies for all Selection Committees. 7. The winners of the City of Bayswater 2011 Scholarships remain confidential until announced at the Scholarship Presentation Evening. 8. The Presentation Evening to be held at the City of Bayswater Civic Centre, Embleton Room at 7:00pm at a date and time to be determined by His Worship the Mayor. CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY Page 110 ORDINARY COUNCIL MEETING MINUTES 11.2.7 29 MARCH 2011 WALGA State Council Meeting – February 2011 Attachments: No. 1 - East Metropolitan Zone Minutes - 10 February 2011 No. 2 - WALGA State Council Minutes – 18 February 2011 Officer: Chief Executive Officer Application To advise Council of: 1. The Minutes from the WALGA East Metropolitan Zone and WALGA State Council. 2. The outcomes of the East Metro Zone workshop. Background 1. The City of Bayswater is part of the East Metropolitan Zone meeting. The City’s representatives at this meeting are Mayor Terry Kenyon, JP Cr Barry McKenna, Cr Alan Radford, with the Chief Executive Officer attending as a non-voting delegate. 2. The East Metropolitan Zone representatives on WALGA State Council are Mayor Terry Kenyon, and Mayor Glenys Godfrey (City of Belmont). Comments East Metropolitan Zone meeting was held on Thursday, 10 February 2011. The key matters discussed at the meeting were:• Presentation by Telstra • WALGA State Council Agenda and recommendations in relation to:o Proposed changes to the Local Government Act; o Development Assessment Panels; o Safe system principles for Local Governments; o WALGA discussion paper on Review of State Council and the Zone committee. It was resolved that a workshop be held to discuss and determine how better to utilise the Zone. The East Metropolitan Zone meeting minutes are attached (Refer to Attachment No. 1). The WALGA State Council meeting was held on 1 December 2010 and the minutes of that meeting have been distributed separately to Council for information. The Zone Workshop was held on Thursday 24 February 2011 to discuss the role, direction and effective use of the Zone by member council representatives in gaining opportunities for the region. The workshop outcomes discussions are contained in Attachment 2. (Refer to Attachment No. 2). Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. Page 111 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the East Metropolitan Zone Meeting Minutes of 10 February 2011 and WALGA State Council Minutes of 18 February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 112 ORDINARY COUNCIL MEETING MINUTES 11.2.8 29 MARCH 2011 2011 National General Assembly of Local Government – Registration of Delegates and Call for Submissions of Motion Attachments: No. 1 - Invitation to the National Local Government Events No. 2 - Letter from ALGA - Constitution Recognition No. 3 - Letter from ALGA - Motions Officer: Chief Executive Officer Application To consider: 1. The attendance of the Mayor and the Chief Executive Officer at the 2011 National General Assembly of Local Government to be held in Canberra between 19 and 22 June 2011. 2. Any motions that they city wants to put forward for discussions at the Australian Local Government Association convention. The closing date for submissions of motion is Saturday, 30 April 2011. 3. The ALGA request for local Councils to pass a resolution endorsing the position that a referendum be held by 2013 to change the Constitution to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed. Background Council has annually supported sending representatives to attend and participate in the Australian Local Government Association - National General Assembly of Local Government. The forum focuses on progressing issues that impact local governments nationally. the main ones being direct federal funding to local governments and constitutional recognition. In addition, Council is actively involved with WALGA via the East Zone meetings, with Mayor Terry Kenyon on the State Council. WALGA is the local representative body dealing and progressing state based local government sector issues. Comment National General Assembly (NGA) The Australian Local Government Association (ALGA) is the national voice of Local Government and represents over 560 Councils across the country. Key activities of ALGA include representation of local government on national bodies and ministerial councils, providing submissions to government and parliamentary inquiries, raising the profile and concerns of local government at the national level and providing forums for local governments to guide the development of national local government policies. ALGA's strategic priorities are: • Strengthening local government finances • Sustaining local roads, transport and other infrastructure • Improving natural and built environmental outcomes • Enhancing regional equity and regional development • Building capacity and sustainability in local communities • Connecting member associations and the Local Government sector • Engaging effectively in Australian Government processes. Page 113 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 This years NGA theme will be ‘Growing with our Community – Partnership, Place and Position.’ The NGA theme reflects current issues being debated nationally and priority issues facing local government and aims to stimulate ideas about new ways of doing business to meet the needs of local people and their communities. The program is currently being developed with a range of speakers. Federal ministers and political leaders invited include: • • • • • • The Governor-General of Australia, Her Excellency Ms Quentin Bruce AC; The Prime Minister, the Hon Julie Gillard MP; The Leader of the Opposition, the Hon Tony Abbott MP; The Minister for Regional Australia, Regional Development and Local Government, the Hon Simon Crean MP; The Shadow Minister for Regional Development, Local Government and Water, Senator Barnaby Joyce; The Leader of the Australian Greens, Senator Bob Brown Constitutional Recognition One of the key national Local Government issues being advocated for by the Australian Local Government Association is constitutional recognition. The campaign for constitutional recognition of Local Government continues to move forward with ALGA devoting considerable resources over the past three years to develop the case for constitutional reform and the need for reform. Previous assemblies have passed resolutions: 1. Calling for more infrastructure and general purpose funding to be provided by the Australian Government to Local Government, and; 2. Seeking constitutional recognition of local government via a special assembly held in Melbourne in December 2008. These resolutions have developed the Local Government case for more funding and recognition by the Federal Government to ensure increased investment in community infrastructure. This year at the NGA, ALGA has requested that Council pass a resolution endorsing the position that a referendum be held by 2013 to change the Constitution to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed. The form of financial recognition of local government proposed by ALGA, which will not impact on the relationship between councils and state governments, has been endorsed by WALGA and all other state and territory local government associations. ALGA believes it is now important that this position also be endorsed by all councils to demonstrate to Federal and state governments, oppositions and political parties that the position has widespread support within local government. Opportunities to directly access and obtain federal funds provides significant benefit to enhance local programmes and projects, such as the City of Bayswater success in securing funding directly from the Federal Government of $10M through the federal economic stimulus package in 2009, in particular through the Regional and Local Community Infrastructure Strategic Programme 2009. Page 114 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Motions As is normal practice at the National General Assembly, ALGA is calling for motions for discussion at the 2011 NGA under this years theme of ‘Growing with our Community – Partnership, Place and Position'. To be eligible for inclusion in the NGA Business Papers, motions must follow the principles: 1. Fall under one of the themes – Partnership, Place, and Position; 2. Be relevant to the work of local government nationally; and 3. Complement or build on the policy objectives of state and territory associations. Accordingly Council direction is sought on whether there are any motions that the City of Bayswater wants raised at this National General Assembly. Australian Council of Local Government (ACLG) Normally the ACLG is held at the end of the National General Assembly, however to date no details are available on whether this will occur. The Prime Minister and Minister Anthony Albanese invited all Australian Mayors to attend the first meeting of the new Australian Council of Local Government in Canberra on 18 November 2008. This pivotal meeting and the establishment of the Council marks the beginning of the Federal Government building a stronger relationship with local government and local communities across Australia. To assist with this process and to ensure Councillors have information on local government's national position, ALGA has developed a set of background fact sheets. The fact sheets cover the issues and work that local government has been undertaking at a national level through debate and discussion at the National General Assembly, and through ongoing relationship and representations to the Federal Government. Policy Implications Policy EO-PO5. Policy EO-P22. Financial Implications The approximate costs associated with attendance, including registration, events, airfares and accommodation, are approximately $3,200. Voting Requirements Simple Majority Required. Page 115 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. Council approves the attendance and associated costs of the Mayor, Cr Terence Kenyon, JP and Chief Executive Officer, Francesca Lefante, at the 2011 National General Assembly of Local Government to be held in Canberra between 14 and 17 June 2010 in accordance with Council Policy EO-PO5. 2. In the event that a 4th Annual Australian Council of Local Government is held in Canberra at the end of the National General Assembly, that the Mayor be authorised to attend. 3. City of Bayswater supports the position on the Australian Local Government Association (ALGA) position that a referendum be held by 2013 to change the Constitution to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed. 4. The following City of Bayswater motions be raised at the ALGA national General Assembly: (a) (b) The City support constitutional recognition as indicated in point 3. Any other motions identified by Council. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 116 ORDINARY COUNCIL MEETING MINUTES 12 29 MARCH 2011 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE Application To inform the Council of the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 22 March 2011. Background A copy of the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 22 March 2011 follow this report. COUNCIL RESOLUTION (OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 22 March 2011, be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 117 ORDINARY COUNCIL MEETING AGENDA 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 21 MARCH 2011 CITY OF BAYSWATER Minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held in Council Chambers, City of Bayswater CivicC, 61 Broun Avenue, Morley on Tuesday, 22 March 2011 commencing at 7:00pm. Committee Recommendation to Councils are subject to adoption, or otherwise, at the following Ordinary Meeting of Council, as recorded in Minutes of that Council Meeting. MINUTES ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE Members Cr Barry McKenna, Deputy Mayor Cr Terry Kenyon, JP, Mayor Cr Mike Anderton, JP Cr Sally Palmer Cr Alan Radford Cr Marlene Robinson Cr Sonia Turkington Observers Cr Sylvan Albert Officers Ms Francesca Lefante Mr Ted Budzinski Mr Doug Pearson Mr James Riley Mr Ivan Jakicevic Mr Martyn Boyle Mr Jeremy Maher Ms Carol Newport Ms Wardia Du Toit Chairperson Deputising for Cr Terry Blanchard Deputising for Cr Michael Sabatino Until 8:29pm Chief Executive Officer Director of Finance Director of Technical Services Manager Environmental Health Technical Manager A/Manager Administration Services Environmental Coordinator PA/Director of Finance PA/Director of Technical Services Apologies Cr Terry Blanchard Absent Cr Michael Sabatino Public 2 Press Nil. Page 118 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 21 MARCH 2011 DELEGATED AUTHORITY / TERMS OF REFERENCE Delegated Authority There are no items appearing in this Minutes for which the Technical Services and Finance & Personnel Committee has been granted delegated authority by Council in accordance with Section 5.23 of the Local Government Act 1995, however this meeting is open to the Public but will be closed to receive any deputations. Terms of Reference Technical Services: To consider reports and make recommendations to Council in respect to issues relating to the delivery of services within the areas of Engineering, Parks and Gardens, Environmental Health and the Environment, Technical Design and all other aspects of the Technical Service operations of the City of Bayswater. Finance and Personnel: To consider reports and make recommendations to Council in respect to statutory and management financial reporting, accounts payable/receivable, investments, donations, capital proposals, budget reviews, loan submissions, insurance, recreational facilities managed under contract by the YMCA, personnel issues and all other Finance and Personnel operations of the City of Bayswater. DECLARATION OF INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:Nil. In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:Nil. In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:Date Name Item No. 22 March 2011 Cr Barry McKenna Item 1.11 – EMRC Council Meeting - 17 February 2011 22 March 2011 Cr Alan Radford Item 1.11 – EMRC Council Meeting – 17 February 2011 22 March 2011 Cr Barry McKenna Item 2.5 – Donation – Alex Murphy – 2011 Australian Rowing Championships, Adelaide CONFIRMATION OF MINUTES CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED that the minutes of the meeting of the Technical Services & Finance and Personnel Committee meeting held on Tuesday, 15 February 2011, which were circulated, were confirmed as a true and correct record. CARRIED UNANIMOUSLY Page 119 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FOR INFORMATION ONLY This page does not form part of the Council Minutes TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 21 MARCH 2011 Item 1.5 was dealt with prior to Deputations. DEPUTATIONS Deputations are closed to the public. COMMITTEE RESOLUTION CR SALLY PALMER MOVED, CR MARLENE ROBINSON SECONDED that the meeting be closed to the public and the doors were closed. CARRIED UNANIMOUSLY At 7:18pm, the meeting was closed to the public in order to receive deputations and members of the public present (2) in the Gallery left the Chambers. (i) Slade Street Traffic Management Officer: Director of Technical Services In relation to Item 1.2, Mrs Branka Radanovich and Mrs Joanne Brabazon from the Slade Street Local Area Traffic Management Group including Mr Glenn Cookson, Slade Street resident, were in attendance at the meeting from 7:18pm until 7:32pm. (ii) Slade Street Traffic Management Officer: Director of Technical Services In relation to Item 1.2, Mr Mr Brian Blechynden, member of the Slade Street Local Area Traffic Management Working Group and Mr Sam Forgarty, a resident from Ascot Park, were in attendance at the meeting from 7:33pm until 7:51pm. COMMITTEE RESOLUTION CR TERRY KENYON, JP MOVED, CR ALAN RADFORD SECONDED that the doors be reopened to the public. CARRIED UNANIMOUSLY At 7:58pm, the members of the public present (6) were invited back into the Chambers and the meeting resumed. Item 1.2 was dealt with after Deputations. ORDER OF BUSINESS Items of business were dealt with in the following order; 1.1, 1.4, 1.5, Deputations (i and ii), 1.2, 1.3, 1.7, 1.8, 1.9, 1.11, 2.1, 2.5, En bloc Recommendations (1.6, 1.10, 2.2 to 2.4 and 2.6 to 3.2) and 4.1 to 4.2. Page 120 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee Meeting: This Item was dealt with prior to receiving Deputations. 12.1 Technical Services 12.1.1 Smoking Local Laws Attachments: Aerial of Robert Thompson Reserve Officer: Director of Technical Services Application For Council to consider creating new Local Laws within the City of Bayswater that will further restrict smoking in public places and in particular at Robert Thompson Park in Noranda. Background At the Ordinary Meeting of Council conducted on 1 February 2011 it was unanimously resolved that Council place signs on the shelters and on the posts with other signs around the playground at Robert Thompson Park that will inform the park users that smoking is prohibited within 10 metres of the children’s playground area. This resolution has subsequently been actioned by staff from Council’s Environmental Health Section. It was also unanimously resolved at the same meeting that Council, at its next workshop, examine the idea of making a local law that will enable Council to prohibit smoking in certain areas. Council staff to draft the local law to present to the workshop complete with any benefits or problems they may see. A discussion paper was subsequently prepared by Council’s Environmental Health staff and presented for discussion at the Council workshop conducted on the 8 March 2011. Following the workshop, this item has been prepared for Council to formally consider the matter on any further action considered necessary to protect children in Council playgrounds from the impact of passive smoking on their health. In 2006 the State Government implemented new legislation to further control smoking within Western Australia. This legislation is known as the Tobacco Products Control Act 2006 and the Tobacco Products Control Regulations 2006. The main objectives of this legislation are to:• • • • Limit the sale and supply of tobacco products and implements to young persons; Regulate the sale and promotion of tobacco products; Prohibit the sale of products that resemble tobacco products; and Reduce the exposure of people to tobacco smoke from tobacco products smoked by other people. Page 121 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 In order to reduce the exposure of people to second-hand tobacco smoke further regulatory amendments under the Tobacco Products Control Act 2006 were introduced on the 22 September 2010. The legislation now prohibits smoking in the following instances:SECTION LEGISLATION 10 Regulations 107A Act 107B Act 107C Act 107D Act OFFENCE FINE Smoking within an enclosed public $1,000 space or within 5m of an entrance. Smoking between $1,000 the flags at beaches. Smoking in outdoor $2,000 eating areas that (smoker & have not been occupier of designated for premises smoking. are liable ) Smoking within 10m of playground $1000 equipment. Smoking in or on a vehicle if an under $1000 17 year old is present. MODIFIED PENALTY DATE OF IMPLEMENTATION $300 31/7/2006 $200 22/9/2010 $300 22/9/2010 $200 22/9/2010 $200 22/9/2010 This state-wide legislation is deemed to be effective in balancing the rights of smokers and the health impacts on the community from second-hand smoke. Nevertheless section 107E of the Tobacco Products Control Act 2006 states:-. “Nothing in section 107A, 107B or 107C is intended to limit the power conferred on a local government by the Local Government Act 1995 or any other Act to make local laws about matters mentioned in those sections.” Therefore a Local Government still has the ability to create new local laws in accordance with Section 3.5 of the Local Government Act 1995, to further control smoking within its jurisdiction. Section 3.5 (1) of the Local Government Act 1995 states:“A local government may make local laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.” Comment The WA Department of Health’s Tobacco Control Section has advised that very few Western Australian Local Government Authorities have implemented new Local Laws regarding smoking and those which have done so, relate to smoking prohibitions for alfresco dining areas (eg. City of Perth) and public beaches (eg. City of Joondalup). Page 122 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The Tobacco Control Section is unaware of any Western Australian Local Government Authorities that have introduced Local Laws that restrict smoking from an entire park or reserve. However they did advise that there are instances where certain community and sporting events have been made “smoke free” as a result of sponsorship arrangements through “Smoke-Free WA”. In documentation obtained from the City of Joondalup, they have estimated their initial costs for implementing their local law for “smoke free” beaches to be:• • • • $5,000 for the cost of lawyer’s fees for wording the Local Law; $120 for the cost of producing and erecting each sign (total cost of $10,800); $86,801 for the cost of policing (Officer’s time); and $42,400 for the purchase and operation of a vehicle. As the City of Bayswater does not have any public beaches or significant alfresco dining areas, the main issue of concern is Section 107C of the Tobacco Products Control Act 2006, which relates to children’s playground equipment. Section 107C appears to have taken into account the health impacts from second-hand tobacco smoke, by restricting smoking within 10m of children’s playground equipment, which is in a public place. The Tobacco Control Section has advised however that the definition of “children’s playground equipment” does not incorporate the whole playground area (ie. perimeter). It refers only to physical playground equipment for use solely by children (ie. swings, slides etc.). Therefore this definition does not capture places like skate parks, bike paths and basketball courts which are frequented by adults and children. Therefore at the Robert Thompson Park in Noranda, the 10m exclusion would only apply from the children’s “play equipment” and not the bike paths, even though they are intended to be used by children. The aerial photo of Robert Thompson Park (refer Attachment 1) shows an example of the 10m exclusion area from a piece of children’s playground equipment. Section 107C does enable Local Governments to erect signs around children’s playgrounds to warn the public of the 10m restriction and also appoint Environmental Health Officers or additional officers (ie. Rangers) to assist with enforcement. The Tobacco Control Section will supply various sized stickers that can be used as “signage”. These can be placed on existing signs, bins and shelters, however if new signs need to be manufactured, this is at the expense of the Local Government. The total cost of implementing a new local law (ie. signage and policing) can be quite significant; therefore it is important to consider whether the current legislation is effective. In accordance with Council’s resolution, the City of Bayswater’s Environmental Health Section has arranged for new signage to be installed at the Robert Thompson Park to advise the public of the 10m smoking restriction from the play equipment. It is proposed that further signage will be placed at other playgrounds if the need arises. Page 123 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Although the health impacts associated with smoking are well documented and are common knowledge, it would be prudent to consider that there may be dissent from the public if they feel that there is a breach of their personal liberties. Certain people may feel that the current legislation is adequate in protecting others from second-hand tobacco smoke and that further prohibitions are unnecessary or unreasonable. The following options are available to Council:1) 2) Continue enforcing the current legislation; Introduce a Local Law to prohibit smoking in certain public areas such as Robert Thompson Park; Increase the 10m restriction at Robert Thompson Park, to include some of the bike paths immediately surrounding the playground area. 3) The following are examples of potential wording for a Local Law:• ‘A person shall not smoke within Robert Thompson Park.’ • ‘A person shall not smoke within ‘x’metres of the children’s playground equipment at the Robert Thompson Park.’ • ‘A person shall not smoke within any park or reserve within the City of Bayswater.’ • ‘A person shall not smoke within ‘x’metres of children’s playground equipment at all parks and reserves within the City of Bayswater.’ • ‘A person shall not smoke within ‘x’ meters of a public place within the City of Bayswater that is used for recreational purposes.’ If smoking is prohibited within the Robert Thompson Park or any other park/ reserve within the City of Bayswater, it would be important to consider prohibiting smoking around the perimeter of the park/ reserve also. It is likely that smokers will relocate to the perimeters of the parks/ reserves and children may be exposed as they are entering or exiting a park/ reserve. Therefore this could in fact defeat the aim of not exposing children to second-hand tobacco smoke. For instance dot point 1 mentioned above could be altered to:“A person shall not smoke within Robert Thompson Park or on the adjoining council verge.” Nevertheless it should be noted that no complaints regarding smoking near playgrounds have been received by the City of Bayswater, since the new regulatory amendments were introduced. As the current legislation appears to be adequate, it may be unnecessary to allocate further money and resources to further regulate this issue. Page 124 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 However should significant issues arise or if there is evidence that the 10m restriction is inadequate in protecting people from second-hand tobacco smoke, this matter could then be further reviewed and the option of a new Local Law considered. Policy Implications Nil. Financial Implications Costs associated with developing and policing a new Local Law. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. Council continues to enforce the new regulatory amendments introduced on the 22 September 2010 to control smoking in WA, which restricts smoking within 10m of all children’s playground equipment. 2. Council’s Environmental Health Section monitors the effectiveness of the new regulatory amendments and reports to Council if serious non-compliance issues arise regarding smoking within 10m of children’s playground equipment. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION At the Technical Services and Finance & Personnel Committee: Item 1.4 was dealt with after this Item. Page 125 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee Meeting: Deputation (i) and (ii) were received prior to this Item. 12.1.2 Slade Street Traffic Management Attachments: Issues and Suggestions from Submissions Statistical Results of Survey Traffic Volumes and Speed Data Origin and Destination Survey Working Party Notes Slade Street Action Group Minutes - 18.01.11 Addendum - Tabled Correspondence Addendum - Tabled Email Addendum - Emails from Residents Officer: Director of Technical Services Refer: Item 12.3 OMC 14.04.09 Item 12.5 OMC 09.06.09 Item 12.1.12 OMC 24.08.10 Application To allow Council consideration of the results of the traffic management trial undertaken in Slade Street and a portion of Whatley Crescent, Bayswater. Background In considering the recommendation of the Slade Street Local Area Traffic Management (SSLATM) Working Group, Council resolved as follows at the Ordinary Meeting of Council of 24 August 2010; “That Council: 1. Receives the Slade Street Traffic Management Report. 2. Authorise the Director of Technical Services to initiate a three month trial of traffic management treatments in Slade Street and Whatley Crescent/Newton Street generally in accordance with Drawing Nos. 33/09a and 35/09. 3. Seek public comment from residents in the study zone following the completion of the trial. 4. Consider a comprehensive report in relation to a technical assessment of the trial and the results of the public consultation following the completion of the trial in liaising with the Slade Street Working Group. 5. The Local Area Traffic Management (LATM) report include an origin and destination survey prior to the trial taking place and that if there is a requirement for funds for the computer program, that funds be taken from the traffic management account.” In accordance with the above recommendation, a three month trial was undertaken commencing on 29 September 2010 and finishing 24 December 2010. Following the trial, a survey was circulated to 698 properties in the affected area and 195 submissions were returned. Page 126 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Trial Results (a) Public Comment A spreadsheet detailing the comments received was presented to Councillors under separate cover. A summary of the main issues and suggestions raised in the submissions received is enclosed as Attachment 1. Attachment 2 details the statistical results of the survey. (b) Traffic Data Attachment 3 details traffic volume and speed data for traffic within the study area before, during and after the trial for comparison purposes. Attachment 4 is an origin and destination survey for Slade Street, indicating the level of through traffic before and during the trial. (c) Working Party Consultation The notes from the Working Party Meeting held to discuss the results of the trial are enclosed as Attachment 5. Trial Analysis The high level of surveys returned (30%) indicated that the traffic management issues is a considerable concern for residents in the study area. The traffic statistics collated (Attachment 3) indicate that there was a marked reduction in traffic during the trial as detailed below. PRE TRIAL DURING TRIAL STREET VOLUME (Vehicles) SPEED (km/hr) VOLUME (Vehicles) SPEED (km/hr) Slade Street 1,324 63 871 51 Whatley Crescent 1,880 65 1,226 54 REDUCTION VOLUME (Vehicles) SPEED (km/hr) 453 (34%) 654 (35%) 12 (19%) 11 (17%) Similarly, as detailed in Attachment 4, through traffic volumes were generally in the order of 65%less during the trial. Page 127 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The following comments are provided in relation to the main issues raised in the submissions received; ISSUES Size of bumps (Whatley Crescent) COMMENTS The humps used were the standard size manufactured in accordance with Australian Standards. Slightly higher humps were used to meet MRWA requirements as there are no central islands. 2. No. of devices (Slade Street and Whatley Crescent) Should Council resolve to proceed with the devices in either street, the number of devices could be decreased and more installed if necessary following monitoring of the situation. 3. Noise issues associated with As is the case with the majority of traffic management devices (Slade Street and treatments available, there is always some degree of Whatley Crescent) disbenefit associated with any particular treatment (i.e. noise, loss of access/connectivity etc.). Typically, noise issues associated with speed humps are worse than those associated with other treatment types. 4. Increase in traffic in other streets Traffic counts undertaken indicate that this was not the case. There may however have been increases initially as traffic adjusted to the trial. 5. Flow conflicts and speeding through (Slade Street) Similar devices are used elsewhere with few problems. Formalisation of devices would reduce this concern. 6. Inconvenience to road users Travel time disruption would be minimal and needs to be balanced against local community needs. 7. Question of need Community support is evidenced by survey. 8. Whatley Crescent/King William Street (right turn arrow) This matter has previously been considered by Main Roads WA and is not feasible due to geometry, pedestrian phases and proximity to Railway Parade traffic signals. 9. Speed between devices (Slade Street) Would need to be monitored. Not evident from traffic counts during trial. 10. Parking near slow points Could be controlled by parking restrictions. 11. Lighting (Whatley Crescent) Would be improved in vicinity of traffic control devices as part of project. 12. Whatley Crescent/Cobden Street intersections Intersection has been reviewed and adequate sight distance is available. 13. Rubbish Truck (Slade Street) Similar devices exist in other streets and no problems have been reported. 14. Classification of Slade Street Changing classification alone will have no effect on traffic characteristics. Any change in road classification needs to be undertaken with due consideration to the adjoining road network and any associated impacts. 15. Property access near devices Can be reviewed. 1. Page 128 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The overall survey statistics (Attachment 2) indicate the 58.5% and 58.8% of respondents felt that the traffic treatments were effective in Slade Street and Whatley Crescent respectively. Considering the responses from residents of Slade Street and Whatley Crescent alone, 58% of Slade Street residents and 77% of Whatley Crescent residents supported the implementation of the trialled treatments on a permanent basis. With regard to Slade Street, a number of respondents in the street indicated their preference for a cul-de-sac at the Guildford Road end of Slade Street. In total, there were 24, of these, 8 supported the trialled treatments and 16 were against. In relation to other comments within the area, there were 79 responses with 36.2% responding no effect and 47.5% responding a negative effect. As detailed above, this may have been associated with initial traffic increases in adjoining streets on the implementation of the trial. In regards to the noise associated with speed cushions being located adjacent to 41 and 43 Whatley Crescent, the residents were adamant that they did not want them there. As detailed in Attachment 5, the trial results were considered by the SSLATM Working Group and whilst it was acknowledged by the community members of the group that the trial had reduced vehicle volumes and speed, it was their firm opinion that the majority of Slade Street residents still preferred the cul-de-sac/slip road option (Option 2 from the original Working Party report) and they recommended that this option be implemented by Council. In addition, a public meeting of the Slade Street Action Group was held on 18 January 2011. This meeting was convened by the Slade Street residents and was attended by Mayor Kenyon and Cr Robinson. Minutes of the meeting are enclosed as Attachment 6. As detailed in the Action Group and Working Party Minutes (Attachments 5 and 6), concern was expressed in relation to the current access/egress arrangements for the 'Ascot Gardens' units. Currently, the units are accessed via a crossover on King William Street and exit is via the crossover on Slade Street. It has been claimed that the King William Street crossover was originally a two-way access and the change to a one-way system has resulted in significantly more traffic from the units utilising Slade Street. City officers have reviewed original building plans and approvals and have not been able to identify any indication of the proposed traffic flow within the development or any restrictions on access/egress from either of the two crossovers. In addition, any potential reduction in vehicles utilising Slade Street should access/egress be allowed from the King William Street crossover is unknown and as any traffic management treatments are designed to promote appropriate vehicle speeds regardless of the traffic volume, this issue is not considered to be of major importance when considering applicable treatment options. Page 129 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment The results of the trial clearly show that the traffic management treatments trialled were effective with a reduction in traffic volumes and speeds. However, the community members in the Working party still believe that there is majority support from Slade Street residents for the implementation of the preferred cul-de-sac option. Whilst this may be the case, the survey undertaken indicated a majority support from Slade Street residents that responded to the survey for implementation of traffic treatments as trialled. Notwithstanding this, it may be that residents would prefer other options however as they were not trialled, they did not necessarily comment on other options. In regards to Whatley Crescent and Newton Street, it is recommended that should Council resolve to implement traffic treatments, the speed cushions in front of 41 and 43 Whatley Crescent be deleted due to adjacent residents concerns. In this instance, a lane restriction is proposed by installing a central median island in the vicinity. The options available to Council would appear to be; Option 1: Implement traffic calming as per trial; (a) (b) Slade Street; and Whatley Crescent with removal of speed cushions in front of 41 and 43 and installation of central median island in the vicinity. Option 2: Undertake a trial of an alternate option. As detailed in the report, there is a level of support for the cul-de-sac option. Trialling of this option would allow a full assessment of any impacts on residents and on adjoining streets associated with the closure of Slade Street. Option 3: Implement an alternate option. As detailed in the report, there is a level of support for the cul-de-sac option. Should Council wish this or an alternate option could be implemented, however, this is not recommended as the effects associated with alternate options have not been fully investigated to date. Undertake a further survey to determine the level of support for the cul-desac/slip road option (Option 2 from the original Working Party report) as approved to the trialled option. Policy Implications Nil. Financial Implications Council allocated $200,000 on the current budget for traffic management works in the study area. Expenditure to date is approximately $30,000. Option 4: Page 130 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The cost estimates for each option are as follows; Option 1: (a) Slade Street - $62,000; and (b) Whatley Crescent - $100,000. Option 2: Trialling of cul-de-sac option would cost in the order of $10,000 to $20,000. Option 3: Implementation of preferred cul-de-sac option $286,000. Option 4: Undertake a further survey to determine the level of support for the cul-desac/slip road option (Option 2 from the original Working Party report) as approved to the trialled option - $1,000. Summary As detailed in the above report, the trialled traffic treatment achieved considerable reductions in vehicle numbers and speeds in Slade Street and Whatley Crescent. In addition to this, the survey results indicated a majority support for implementation of the trialled treatments. Notwithstanding the above, there is still community support, particularly from a number of Slade Street residents for a cul-de-sac to further limit vehicle numbers within the street. The level of support for this option as opposed to the trialled option is unclear at this stage. Notwithstanding this community support, Council would need to consider potential adverse impacts associated with a cul-de-sac option (i.e. traffic increases on other roads, loss of network connectivity). Whilst numerous residents throughout the City would like to live in a cul-de-sac, the simple fact is that there needs to be some level of connectivity in the road network and this needs to be considered when road closure options, such as this, are put forward. Accordingly, should Council feel that the cul-de-sac option is the preferred option it is recommended that it be trialled in the first instance. Alternatively, Council could undertake a further survey as detailed in Option 4 to further gauge the level of support for the cul-de-sac option. With respect to Whatley Crescent, support for the implementation of the trialled option is relatively high, however, it is considered that this option should only be implemented in conjunction with the final approved treatment for Slade Street to avoid any traffic increases in Slade Street in the interim. Similarly, should Council wish to trial an alternate option in Slade Street, it may be advisable to do this with the treatments in Whatley Crescent to ensure an accurate representation of traffic movement changes. From a strictly technical view point, the trial is considered successful as it achieved considerable traffic volume and speed reductions and can be implemented for a relatively low cost. On this basis, officers would normally recommend the implementation of the trialled treatment, however, given the high level of community interest in this matter, the option of a further survey may be warranted to clarify the wishes of the community. Page 131 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Voting Requirements Simple Majority Required Officer's Recommendation That Council undertake a further survey within the Slade Street Local Area Traffic Management study area to gauge the level of support for the cul-de-sac/slip road option (Option 2 from the original Working Party report) or other alternatives as opposed to the trialled option. ADDENDUM – TECHNICAL SERVICES COMMITTEE MEETING – 22 MARCH 2011 AND FINANCE & PERSONNEL Mr Glenn Cookson and Mrs Branka Radanovich presented a Deputation to the Committee and tabled correspondence (refer Attachment 7) in support of the cul-de-sac, Option 2, for Slade Street. Mr Brian Blechynden presented a Deputation to the Committee and tabled an email (refer Attachment 8) in support of the trialled traffic treatments to be implemented. At the Technical Services and Finance & Personnel Committee Meeting: Committee Discussion The Committee changed the Officer's Recommendation to conduct a further one month trial to gauge the level of support for a cul-de-sac in Slade Street as per the original Working Group report and conduct public consultation within the study zone to access the practicality and community support for this option. ADDENDUM – ORDINARY COUNCIL MEETING –29 MARCH 2011 1. An error in the statistics provided in the report has been identified. With respect to Attachment 4, it was reported that through traffic volumes were generally in the order of 65% less during the trial. The actual reduction in volume is in the order of 57%. 2. Further to the Technical Services and Finance & Personnel Committee Meeting held on 22 March 2011, the following emails have been received from residents regarding Slade Street Traffic Management (refer Attachment 9); • • • • • Mr Huixuan Andrew Huang and Ms Yan Christina Qin; Ms Marina Ivanic; Ms Catherine Vanderham; Mr David and Mrs Carol Solosy; and Mr Alan Howard. Committee Recommendation to Council That Council: 1. Authorise the Director of Technical Services to initiate a one month trial of a cul-de-sac option (back-to-back cul-de-sac without slip road) for Slade Street in conjunction with the proposed traffic treatments for Whatley Crescent (in accordance with Plan No. 35/09 with removal of the speed cushions in front of 41 and 43 and installation of a central median island in the vicinity), with a view to assessing the viability of Option 2 from the original Working Party report. Page 132 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 2. Seek public comment from residents in the study zone following the completion of the trial. 3. Consider a comprehensive report in relation to a technical assessment of the trial and the results of the public consultation following the completion of the trial in liaison with the Slade Street Working Group. At the Technical Services and Finance & Personnel Committee Meeting: FOR: AGAINST: CARRIED: 5/2 Councillors McKenna, Kenyon, JP, Robinson, Palmer and Radford Councillors Turkington and Anderton, JP At 8:48pm, Mrs Raylene Vucens, PA/Director Administration and Community Services returned to the meeting. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR MARLENE ROBINSON MOVED, CR TERRY KENYON, JP SECONDED that Council: 1. Authorise the Director of Technical Services to initiate a one month trial of a culde-sac option (back-to-back cul-de-sac without slip road) for Slade Street in conjunction with the proposed traffic treatments for Whatley Crescent (in accordance with Plan No. 35/09 with removal of the speed cushions in front of 41 and 43 and installation of a central median island in the vicinity), with a view to assessing the viability of Option 2 from the original Working Party report. 2. Seek public comment from residents in the study zone following the completion of the trial. 3. Consider a comprehensive report in relation to a technical assessment of the trial and the results of the public consultation following the completion of the trial in liaison with the Slade Street Working Group. CARRIED 6/5 FOR: AGAINST: Councillors Kenyon, JP, McKenna, Robinson, Palmer, Pittaway and Radford. Councillors Sabatino, Turkington, Albert, Anderton, JP and Blanchard. Page 133 ORDINARY COUNCIL MEETING MINUTES 12.1.3 29 MARCH 2011 Gummery Street Footpath Attachments: Original Footpath Alignment Proposed New Footpath Alignment Officer: Director of Technical Services Application For Council to consider amending the alignment for the proposed footpath construction in Gummery Street between Catherine Street and Coode Street, Bedford. Background As part of the 2010/2011 Budget, Council allocated $55,745 for the provision of a new 1.2 metre footpath along Gummery Street from Catherine Street to Coode Street, Bedford (Account No. G23100). The project was nominated for budget consideration to provide access for a disabled resident in the street. Council’s Policy EG-P04, ‘Footpaths – Located within Road Reserves’, defines the location of footpaths within the Council verge as follows; “1. Unless precluded by adverse verge levels, prohibitive obstacles or for reason of sustainable "invasion of privacy", all new strip footpaths, dual-use paths and footpaths that are constructed or reconstructed within road reserves, shall be located adjacent to the property line. "Invasion of privacy" considerations shall be deemed to apply where the living quarters of a residential building are located less than 4 metres from the property boundary and the boundary has either no fence or lacks an enclosed fence at least 1800mm in height above the proposed footpath level. 2. Where a narrow strip of verge remains between a newly installed footpath or dual use path and the road kerb, that section shall be brick paved. The width of the narrow strip shall be at the discretion of the Director of Technical Services.” In accordance with the above, the selected alignment was situated adjacent to the property boundary along the west side of the street, Catherine Street to the bend, and then for the section on the southern side, from the bend to Coode Street to primarily link the small park and residents with the network (refer Attachment 1). Prior to commencement of the footpath construction, in accordance with current protocols correspondence advising of the project was forwarded to residents on both sides of the street. This resulted in concerns being raised from a number of residents regarding the alignment of the path, the damage to the streetscape and the potential invasion of privacy. Seven letters from affected residents were received expressing their concerns which are summarised as follows; ADDRESS 5 Gummery ISSUES PROPOSED ACTION • Damage/removal of landscaped garden • Construct path on kerb line. area and total streetscape; and • Negative impact on environment to remove significant trees; and • Closeness of footpath impacts on privacy. Page 134 ORDINARY COUNCIL MEETING MINUTES ADDRESS 25 Gummery 33 Gummery 39 Gummery 43 Gummery 45 Gummery 56 Gummery 58 Gummery 275 Coode ISSUES 29 MARCH 2011 PROPOSED ACTION • Due to construction on the boundary, considerable modification to existing reticulation system will be required. • Increased noise; • Loss of privacy; • Loss of amenity and enjoyment; • Damage to existing gardens; and • Increased maintenance and watering costs. • Would like large ‘Black Boy’ outside fence line to remain where it has grown. • Footpath to be moved. • Privacy; • Impact on the streetscape of the street; • Modifications to garden beds and reticulation systems; • Small section of footpath that connects to Coode Street would be too close to homes and invade privacy and also requires crossing the road to connect to other path in street. • Recently completed construction and spent in excess of $25,000 on landscaping front gardens and verge; and • Design should match the majority of the street and therefore continue along the same alignment instead of stop at the park and then move across the street. This would make it safer at a reasonably blind corner. • Object to the path crossing over the street on the corner opposite the clubrooms – dangerous for disabled and pedestrians; • Privacy issues for property at 56 Gummery; • Damage to existing gardens; and • Existing path coming from Clarence Street and pedestrians would have to cross a blind corner. • Object to the path crossing over the street on the corner opposite the clubrooms – dangerous for disabled and pedestrians; • Privacy issues for property at 56 Gummery; • Damage to existing gardens; and • Existing path coming from Clarence Street and pedestrians would have to cross a blind corner. • Construct path on kerb line. • Construct path on kerb line. • Construct path on kerb line. • Construct path on kerb line. • Construct path on kerb line; and • Section of path that connects to Coode Street to be on the park side. • Footpath to continue along current alignment and join on park side of Gummery Street. • Section of path that connects to Coode Street to be on the park side; and • Existing footpath on Clarence Street cross over on blind corner can be avoided if path is kept on same side. • Section of path that connects to Coode Street to be on the park side; and • Existing footpath on Clarence Street cross over on blind corner can be avoided if path is kept on same side. It is important to note, that although concerns were raised, residents did not object to the construction of a path in Gummery Street. Page 135 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment Council’s policy requires the construction of the footpath adjacent to property boundaries to enhance safety by providing the maximum available separation between the footpath and roadway. Also, on bin collection days, pedestrians are not obstructed with bins placed on the path. Whilst the most ideal location for the path would be adjacent to property boundaries, in accordance with Council’s Policy, the Council has in the past varied path alignments for various reasons. To accommodate residents in the section from Catherine Street to the bend, the path can be placed on the kerb line however, the path would be required to be widened to 1.5 metres to allow a levelled section of footpath where it meets property crossover aprons. Consequently, this would incur additional costs however, this could be accommodated within savings from the construction of other paths already completed. A 1.2 metre path could be accommodated for the section from the bend to Coode Street within RA Cook Reserve (refer Attachment 3). The proposed internal alignment would provide connection (pram ramps) to the adjacent roadway and building on the reserve to facilitate universal access (disabled, prams etc.) and trees within the reserve would not be impacted. Adjustments to existing reticulation where the path will be located would be minimal, however, park reticulation would spray over the path in the early hours of the morning. The following options would appear to be available to Council; Option 1: Proceed with the proposed footpath as per Council’s Policy. This option will meet opposition from residents in the street. Option 2: Realign the footpath to the kerb line from Catherine Street to the bend and align the footpath within RA Cook Reserve from the bend to Coode Street. Option 3: Not proceed with the construction of a footpath in Gummery Street. This option may set an undesirable precedent where similar requests to not install footpaths are received. In general, the provision of footpaths in residential streets is seen as a positive action by the community as it enhances pedestrian/cyclist safety, promotes healthy activity and has the potential to move the reliance on motor vehicles for local trips. However, the positives need to be balanced against potential removal of landscaped verge treatments, removal or heavy pruning of street trees and residents concerns in relation to privacy. Ideally, footpaths should be provided at subdivision stage, so residents are aware that their property will be adjacent to a footpath from the start, however, this is not possible when retrofitting footpaths in established areas. There is likely to be some form of opposition or concern to new footpath construction in most cases however, this needs to be balanced against the needs of the community as a whole. As traffic volumes in the subject streets are low, the advance safety impacts associated with locating the path on the kerb line are lessoned, therefore, it is recommended that Option 2 to be considered by Council. Page 136 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Policy Implications Council’s Policy EG-P04, ‘Footpaths – Located within Road Reserves’, defines the location of footpaths within the Council verge Financial Implications The section of footpath from Catherine Street to the bend on Gummery Street, would be required to be widened to 1.5 metres and therefore would incur additional costs. However, it is believed that these costs can be accommodated from savings from other construction of paths already completed. Voting Requirements Simple Majority Required At the Technical Services and Finance & Personnel Committee Meeting: At 8:19pm, Cr Mike Anderton, JP left the meeting. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR TERRY KENYON, JP MOVED, CR BARRY MCKENNA SECONDED that Council advise affected residents that the proposed Gummery Street footpath construction will be relocated as follows; i) 1.5 metre footpath located on the kerb line from Catherine Street to the RA Cook Reserve bend; and ii) 1.2 metre footpath located within RA Cook Reserve from the Catherine Street bend to Coode Street. CARRIED 9/2 FOR: AGAINST: Councillors Kenyon, JP, McKenna, Robinson, Sabatino, Albert, Anderton, JP, Palmer, Pittaway and Radford. Councillors, Turkington and Blanchard. At the Technical Services and Finance & Personnel Committee Meeting: Item 1.7 was dealt with after this Item. Page 137 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee Meeting: Item 1.1 was dealt with prior to this Item. 12.1.4 On-Street Parking - Maylands Primary School Location: Kelvin Street, Maylands Attachments: Drawing No. 50/09 Applicant: Maylands Primary School Officer: Director of Technical Services MR DAMIEN MARTIN, ACTING DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Mr Damien Martin declared an impartial interest in this item as his son attends Maylands Primary School. Mr Martin remained in the room during voting on this item. Application For Council to consider as part of the 2011/2012 budget deliberations, the conversion of existing parallel parking into 45 degree angled parking bays in Kelvin Street, Maylands. Background In 2009, the Maylands Primary School through its respective Ward Councillors requested the provision of extra on-street parking along the Kelvin Street frontage of the school. Currently, along the north side of Kelvin Street, there is a ‘Kiss and Ride’ set-down area and 20 parallel parking bays. A budget allocation of $10,000 was included in the 2009/2010 budget for parking improvements. In discussions with school representatives, they expressed their concern that there is not sufficient parking to accommodate the parents attending the school and therefore have requested the possibility of converting the parallel parking bays into 45 degree angled parking to allow for more parking bays to be created. This change was well beyond the available funding. A design was undertaken with the view of maximising the on-street parking. The enclosed Drawing No. 50/09 (refer Attachment 1) indicates that the proposed ‘Kiss and Ride’ remain however, the parallel bays be converted to 45 degree bays being the maximum possible given width of the existing Kelvin Street parallel parking. The angled parking would increase the original 20 bays to 35 allowing an additional 15 bays for parking at an estimated cost of $160,000. Funding for this project was considered during the 2010/2011 budget deliberations however, due to budget constraints, the project was withdrawn for this financial year. Comment The proposed design has been discussed with the school and they are in support of the design and aware that it is subject funding. The additional bays would improve the current lack of parking however, widening of the north side of Kelvin Street would be required along with drainage modification and verge infill. Page 138 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 As Councillors may recall, the Council considered a similar request from Bayswater Primary School for the construction of additional parking and at the Ordinary Council Meeting on 14 December 2010 resolved as follows; "That: 1. Council approve the provision of carparking for the Bayswater Primary School within the unmade road reserve of Leake Street. 2. All associated costs be funded by the Department of Education on an ‘at cost’ basis." As can be seen in the Bayswater Primary instance, the Education Department, as the generator of the traffic, assumed responsibility for the necessary parking upgrade. To date, there has been no indication of any funding contribution towards the proposed improvements at the Maylands Primary School. In respect to Council contributions to parking facilities at schools within the City of Bayswater, Policy EG-PO8 applies and reads as follows; "Where a school has given a firm commitment to contribute at least matching funds, with Council, the Director of Technical Services will report to Council for a budget allocation not exceeding $35,000, for parking facilities at the school in accordance with Section 3.1 of the Local Government Act 1995, for good governance and conditional that the City of Bayswater workforce carrying out the works." Policy Implications Council's Policy EG-PO8, Council Contribution to Parking Facilities at Schools within the City of Bayswater of Bayswater , provides guidelines for the contribution of funds for parking facilities within the City. Financial Implications As detailed above, funding of $160,000 would need to be sourced for this project. Voting Requirements Simple Majority Required Officer's Recommendation That subject to confirmation from the Department of Education of at least a matching contribution towards parking improvements adjacent to Maylands Primary School, Council considers an allocation of up to $35,000 towards the project during the formulation of the 2011/2012 budget. At the Technical Services and Finance & Personnel Committee Meeting: Committee Discussion The Committee amended the Officer Recommendation to increase the considered allocation from $35,000 to $70,000. Amendment CR SONIA TURKINGTON MOVED, CR TERRY KENYON, JP SECONDED that the allocation to be considered be amended from $35,000 to $70,000. CARRIED: 6/1 FOR: Councillors McKenna, Kenyon, JP, Robinson, Turkington, Palmer and Anderton, JP AGAINST: Councillor Radford Page 139 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Committee Recommendation to Council That subject to confirmation from the Department of Education of at least a matching contribution towards parking improvements adjacent to Maylands Primary School, Council considers an allocation of up to $70,000 towards the project during the formulation of the 2011/2012 budget. AMENDMENT CR TERRY KENYON, JP MOVED, CR GRAHAM PITTAWAY SECONDED that an amendment be made to the allocation to be considered from $70,000 to $35,000. The Amendment was put and CARRIED 8/3 the Amendment became part of the Substantive Motion. FOR: AGAINST: Councillors Kenyon, JP, McKenna, Robinson, Anderton, JP, Palmer, Blanchard, Pittaway and Radford. Councillors, Turkington, Albert and Sabatino. COUNCIL RESOLUTION CR TERRY KENYON, JP MOVED CR GRAHAM PITTAWAY SECONDED that subject to confirmation from the Department of Education of at least a matching contribution towards parking improvements adjacent to Maylands Primary School, Council considers an allocation of up to $35,000 towards the project during the formulation of the 2011/2012 budget. CARRIED 10/1 FOR: AGAINST: Councillors Kenyon, JP, McKenna, Robinson, Palmer, Turkington, Albert, Anderton, JP , Pittaway, Radford, and Blanchard. Councillors Sabatino. At the Technical Services and Finance & Personnel Committee Meeting: CARRIED: 6/1 FOR: Councillors McKenna, Kenyon, JP, Robinson, Turkington, Palmer and Anderton, JP AGAINST: Councillor Radford Page 140 ORDINARY COUNCIL MEETING MINUTES 12.1.5 29 MARCH 2011 Underground Power Proposal - Ashfield Attachments: City of Bayswater Proposed Area of Inclusion Officer: Director of Technical Services Refer: Item 13.2.6 OMC 22.11.05 Item 13.2.2 OMC 26.09.06 Application To allow Council consideration of involvement in an underground power project by the Town of Bassendean for the Ashfield area which includes a number of properties within the City of Bayswater on boundary roads. Background Correspondence has been received from the Town of Bassendean advising that they have been successful in the Expression of Interest process under Round 5 of the State Underground Power Program (SUPP) for the undergrounding of power in the Ashfield area. There were 89 Expression on Interest applications applied for by 19 Councils from around Western Australia and in late December 2010 the Minister for Energy, Peter Collier released a media statement advising that the Ashfield was successful in the expression of interest process. The Town's Expression on Interest application identified that Ashfield was a disadvantaged area and as such a 35% cost subsidy could be applied bringing the average cost per ratepayer to an estimated $3,900. The Town of Bassendean intends to initially fund the rate payer contribution by raising a loan and then levying the ratepayer with a specified area rate or a service charge. The preferred option is to use the specified area rate as it allows for the application of rebates and deferments that are made available to ratepayers who are eligible under the Rates and Deferment Act. As part of the Expression on Interest application process, the Western Power/Office of Energy Steering Committee arranged for an independent consulting firm to conduct an Ashfield ratepayer survey and 72.9% of respondents indicated they were in favour of underground power and prepared to contribute financially. The proposed timeframe for the project is as follows; ITEM DATE Advise to Property Owners (Town of Bassendean) Transformer / Switchgear sign off by Local Government Project Design finalised Preliminary Budget including direct costs Council financial modelling and cash process finalised Contract agreement costs factored into final budget Agreement & Final Budget approved Agreement signed by all parties and financing/cash process Project start Page 141 March 2011 May 2011 June 2011 June 2011 July 2011 October 2011 November 2011 December 2011 January 2012 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The area of the proposed project is shown in Attachment 1 and as can be seen, it involves boundary roads with the City of Bayswater being portions of Pearson Street, Jacqueline Street and Moojebing Street. Accordingly, should the project proceed in its current form, residents that are in the City of Bayswater side of these boundary roads would need to be involved. Subject to final design, this would involve approximately 34 properties within the City of Bayswater. The Town of Bassendean are now seeking to come to some form of financial arrangement with the City of Bayswater to enable collection of the necessary cost contribution from the City of Bayswater residents involved. Comment Whilst the independent survey showed a high level of support and willingness to contribute amongst Town of Bassendean residents in the subject area, the level of support from City of Bayswater residents is unclear. It may be that City of Bayswater residents are equally as supportive however this requires confirmation. As Councillors may be aware, the City was involved in a similar project for the Mount Lawley area with the Town of Vincent and at the Ordinary Meeting of Council of 26 September 2006, Council resolved as follows; “That: 1. the Town of Vincent be requested to confirm that the funding for the Highgate East Project is to be generated by Service Charge and in accordance with Section 6.38 (6) of the Local Government Act 1995 any funds unspent on completion of the project contract be returned proportionately to the contributors; 2. subject to satisfactory response from the Town of Vincent regarding the Service Charge, the City of Bayswater’s contribution to the Highgate East Project be secured by upfront payment or ten annual repayments of a State Treasury Loan by the City of Bayswater ratepayers within the project area; and 3. the project participants be advised of the increase in the contract cost and any potential savings if the project is completed to budget and subject to the response the Council reconsider its participation in the project.” The above resolution was adopted once the City has surveyed its residents in the affected area. When the Mount Lawley residents were surveyed, they were offered payment options of upfront payment or a 10 year loan at State Treasury rates. It would appear that the following options are available to Council; Option 1: Advise the Town of Bassendean that the City of Bayswater does not wish to participate in the project. Option 2: Advise the Town of Bassendean that the City of Bayswater supports the project and fund the necessary contribution ($160,000) from municipal funds. Page 142 ORDINARY COUNCIL MEETING MINUTES Option 3: 29 MARCH 2011 Advise the Town of Bassendean that the City of Bayswater supports in principle the involvement of the subject City of Bayswater residents in the project subject to a favourable response from the landowners involved in relation to support for the project and willingness to contribute financially. In view of the benefits associated with the undergrounding of power, it is recommended that Option 3 be pursued. Policy Implications Council’s Policy No. EG-P09 Underground Power states: “Council shall seek City of Bayswater. to progressively underground power throughout the • At the discretion of the Council upon receipt of a resident initiated application, the Director of Technical Services shall prepare a costing for undergrounding power for that specific location. • At the direction of Council submissions shall be made periodically to the State Underground Power Programme (SUPP). Underground power shall be provided in all new subdivisions.” Financial Implications As detailed in the report, if Council participates in the project, a financial contribution of approximately $160,000 will be required for the City of Bayswater during the 2011/2012 financial year. This can be funded by Council or recouped from the residents involved as is normally the case with these projects. Voting Requirements Simple Majority Required • COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council: 1. Advise the Town of Bassendean that Council supports the inclusion of portions of Pearson Street, Jacqueline Street and Moojebing Street in the State Underground Power (SUPP) Round 5 project in principle, subject to a favourable response from City of Bayswater landowners involved. 2. Survey the affected landowners to ascertain the level of support and willingness to contribute to the Town of Bassendean’s Round 5 SUPP in the Ashfield Area. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION At the Technical Services and Finance & Personnel Committee Meeting: Deputation (i) was dealt with after this Item. Page 143 ORDINARY COUNCIL MEETING MINUTES 12.1.6 29 MARCH 2011 Budget Amendment - Road Asset Management Software Officer: Director of Technical Services Application To seek Council approval to amend the budget to accommodate a software upgrade to the City’s Road Asset Management Software (RoadPak) to comply with new Main Roads Western Australia (MRWA) input/output data protocols. Background MRWA periodically requires information from Local Authorities on the quantity, extent and make-up of their road network. This information is used to determine State and Federal grant funding and align inventories. The City stores all Road infrastructure details within the RoadPak application and in the past utilised the freely available ROMAN1 application as the data exchange protocol between the RoadPak database and the MRWA - IRIS database. ROMAN1 will be made redundant this year and replaced with ROMAN2, which incurs annual subscription fees. The City will not be moving to ROMAN2 at this stage due to the advanced state of the RoadPak system which already has all the functionality of the ROMAN2 purchase. Accordingly, software modifications are necessary for the RoadPak software to allow City to staff to comply with MRWA data transfer requirements. Comment The City’s RoadPak database has been managed to a very high level over the years; it provides all the required asset inventories, condition ratings, valuations and auditing functions, accurately and at a vastly cheaper annual subscription fee than the proposed ROMAN2 system. It also has a live link directly into the City’s corporate spatial viewer. MRWA have provided the City with the IRIS – Local Government Interface Requirement Manual and after analysis by City staff, RoadPak requires modifying to comply. Funds were not allocated in the 2010/2011 budget to facilitate this work. Loftus the provider of the RoadPak software have also analysed the manual and have advised that to include the input/output protocol functions within the RoadPak application will cost $7,800 excluding GST. Policy Implications Nil. Financial Implications The allocation for RoadPak software annual maintenance is included as a component of Account No. 430000-4271 – Spatial Software/Data Maintenance. The shortfall in funding can be accommodated from forecast savings in Account No. G33300 – Purchase of Wide Format Printer as savings have been affected in this area. It is therefore proposed to amend the budget to facilitate the RoadPak Software upgrade. Page 144 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Voting Requirements ABSOLUTE MAJORITY REQUIRED COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council amend its 2010/2011 budget in accordance with the following table: Account 4300004271 G33300 Description Spatial Software / Data Maintenance Purchase Wide Format Printer Original Budget Revised Budget Surplus/ Deficit $93,725 $100,492 -$6,767 $74,630 $67,863 $6,767 Net Effect NIL CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION WITH AN ABSOLUTE MAJORITY Page 145 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee Meeting: This Item was dealt with after Item 1.3 12.1.7 Rose Avenue Reserve Development Proposal Location: Cnr Rose Avenue and Railway Parade, Bayswater Attachments: Minutes Rose Avenue Reserve Community Group Meeting 15.02.11 Revised Development Plan Revised Program Rose Avenue Reserve Applicant: Friends of Rose Avenue Park Officer: Director of Technical Services Refer: Item 12.1.7 OMC 27.04.10 Item 12.1.1 OMC 22.06.10 Item 12.1.4 OMC 24.08.10 Application To seek Council’s consideration of a revised proposal for development and management of Rose Avenue Reserve, Bayswater. Background At the Ordinary Meeting of Council of 22 June 2010, Council resolved; “That Council: 1. Consider an allocation on the draft 2010/2011 capital works program of $20,000 for the limited development of the Rose Avenue reserve, Bayswater as a community garden. 2. Finalise with the Friends of Rose Avenue Park (FORAP) a detailed design and an agreement for management of Rose Avenue Reserve, Bayswater, prior to construction. 3. Initiate subdivision and amalgamation process to amend the boundary of reserve 23080 to separate the portion of roadway that currently exists within the reserve.” The Rose Avenue Reserve community garden proposal was initiated by Rose Avenue resident Greg Smith in November 2009 and refined in further discussions with Officers, over the months prior to Council’s resolution of 22 June 2010. Funds of $20,000 for the limited development of Rose Avenue Reserve at the corner of Railway Parade and Rose Avenue, Bayswater were allocated in the City’s capital improvement program 2010/2011 as project G24900 – 6999. Rose Avenue Reserve is an unirrigated park of 750m2 (including verges), of dry grass and a mix of mature and semimature trees including resident planted fruit trees. The City has in place a program for mowing the grass surface, mulching tree surrounds and removing litter. A meeting between the City’s Manager for Gardens and Landscaping and 6 of the 8 residents of Rose Avenue was held on 15 February 2011. A copy of the minutes of that meeting is enclosed as Attachment 1. Page 146 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment At the Rose Avenue Reserve community group meeting of 15 February 2011, residents resolved not to pursue the concept of a community garden and to instead have the park developed as a green public open space. The majority of attendees felt that they were unable to provide the support required of a community managed garden project. The group agreed on the development of the reserve as an open parkland for general public access and use as a recreation area. Attachment 2 shows the agreed revised sketch plan proposal and a revised program and estimate of works for Rose Avenue Reserve is enclosed as Attachment 3. Policy Implications Nil. Financial Implications An amount of $20,000 as project number G24900 – 6999 is included in the 2010/2011 capital improvement program. These funds are sufficient to complete the project as revised by the Friends of Rose Avenue Park (FORAP). Monies that may be required for more comprehensive interpretive signage and additional tree planting may be submitted to Council for consideration for inclusion in the 2011/2012 capital improvement program. Voting Requirements Simple Majority Required Officer's Recommendation That Council approve the revised development plan of the Rose Avenue Reserve, Bayswater as an irrigated, treed and fenced open public parkland. At the Technical Services and Finance & Personnel Committee: At 8:22pm, Cr Mike Anderton, JP returned to the meeting. Committee Discussion The Committee changed the Officer's Recommendation as it believed that consideration also needs to be given to upgrading Halliday Park in conjunction with the Rose Avenue improvements to allow for improved lighting, security and safety in Halliday Park to deter anti-social behaviour in the park. COUNCIL RESOLUTION (COMMITTEE/RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that this item be deferred to seek further information to incorporate the Rose Avenue development with Halliday Park improvements, including the undertaking of community consultation with affected residents prior to the commencement of any works. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 147 ORDINARY COUNCIL MEETING MINUTES 12.1.8 29 MARCH 2011 Hillcrest Reserve Living Stream Attachments: Species List Water Corporation Example Maintenance Plan Revegetation Plan Maintenance Plan Officer: Director of Technical Services Refer: Item 12.1.8 OMC 24.08.10 Item 12.1.3 OMC 01.02.11 Application For Council to consider comments received following consultation with affected residents regarding the development of the Hillcrest Living Stream Project. Background As part of the site redevelopment of Chisholm Catholic College, the school was granted approval to build a carpark over the previously existing Paterson Street Living Stream. The stream was constructed by the community using Local, State and Federal funding. The carpark construction was highly controversial in the community and as part of the planning approvals; a requirement was that the College and the Water Corporation contribute $50,000 towards the construction of a replacement living stream in another location. It is important to note, that the community expectation was that the location of the Living Stream be the Lower Hillcrest Drainage site. A report was presented to the Ordinary Meeting of Council on 24 August 2010 and in considering this matter, Council resolved that; “1. The Living Stream - Hillcrest Reserve Drainage Line project update report be received. 2. Natural Area Management Services (NAMS) be requested to develop a Draft Concept Plan for consideration and approval by the Council and Water Corporation prior to the commencement of the project.” Subsequently, at its meeting of 1 February 2011, Council was presented with the detailed design options for the living stream and resolved as follows; “That Council: 1. Supports in principle Concept 1 as designed by Natural Area Management Services (NAMS) for the design of the Hillcrest Drainage Reserve Living Stream. 2. Seeks comments from residents abutting the Hillcrest Drainage Reserve in relation to Concept 1. 3. Seeks Water Corporation formal approval for the construction of Option 1 for biodiversity and aesthetic outcomes. 4. Advises the Water Corporation and Swan River Trust of its decision.” Page 148 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Community Consultation Comments were received from six local residents with the general issues of concern being summarised as follows; CONCERN ANSWER The type of species being planted A mixture of shrubs and trees are proposed to be planted within Evans due to concerns views of the oval Place Reserve. The trees will be planted in the centre of the reserve to may be lost. limit problems with residential fences. Shrubs and rushes are proposed to be planted along the drainage line, ensuring an adequate buffer zone and access areas are left for the Water Corporation to undertake maintenance. The aesthetics and biodiversity of the area will be improved as local native species (refer Attachment 1) are being planted and the weeds are being cleared. The maintenance of existing trees Maintenance of the entire drainage line will ensure that any existing at the end of the drain on Drake vegetation is also addressed. Street due to concerns regarding overgrowth. Safety concerns regarding The existing fencing will be removed whilst works are in progress, fencing of the site, particularly however temporary fencing will be erected. Once the works are Evans Place Reserve. completed the Water Corporation will install permanent black chain mesh. Water Corporation Approval The Water Corporation has issued approval for the project to proceed subject to; “1. The design is in accordance with the criteria outlined for Design 1 of the November 2010 report prepared by Natural Area Consulting. (Note: The existing wooden toe protection is to be retained and the area between to remain clear of vegetation, this includes all typha. 2. A Maintenance Plan/Agreement being established between the City of Bayswater and the Water Corporation. (Note: It is recommended the enclosed Maintenance Plan for Anvil Way Compensating Basin Improvement Project is used as a template for this (refer Attachment 2). 3. Clearance to Work Permit (or Asset Protection – Risk Assessment) is arranged prior to the commencement of work with Steve Ellis on 9423 7803. (Note: The Maintenance Plan/Agreement will need to be signed off prior to the commencement of work).” In accordance with the Water Corporation’s approval, NAMS has completed a detailed revegetation plan (refer Attachment 3) and a maintenance plan (refer attachment 4) for the Hillcrest Reserve Living Stream. Comment Should Council wish to proceed with the living stream project, it is suggested that the proposed revegetation and maintenance plans are endorsed and the Water Corporation and Swan River Trust notified accordingly. Page 149 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The following options are provided for Council’s consideration; Option 1: Council endorse the proposed revegetation and maintenance plans. Council endorse the proposed revegetation and maintenance plans subject to the provision that the trees are replaced with low shrubs only in Evans Place to address residents concerns regarding the loss of views. Policy Implications Option 2: • Bayswater Brook Project; and • Swan and Canning Rivers Management Act. Financial Implications Funding is currently available in the 2010/2011 Budget to proceed with the project. However, Council would be required to budget approximately $2,500 annually for the maintenance of the living stream. Voting Requirements Simple Majority Required At the Technical Services and Finance Personnel Committee: At 8:29pm, Cr Sylvan Albert left the meeting and did not return. Officer Recommendation That: 1. Endorse the revegetation and management plans for the Hillcrest Reserve Living Stream Project as prepared by Natural Area Management Services (NAMS) subject to; (a) the replacement of trees with low shrubs only in Evans Place to address residents concerns regarding the loss of views; and (b) any minor amendments, if required, by Swan River Trust and the Water Corporation being included. 2. Advise the Water Corporation, Swan River Trust and residents abutting the Hillcrest Drainage Reserve Living Stream of the commencement of the proposed construction works. 3. Consider an allocation of $2,500 in the 2011/2012 budget for the annual maintenance of the Hillcrest Reserve Living Stream. At the Technical Services and Finance Personnel Committee: Committee Discussion The Committee changed the Officer's Recommendation as it believed that the project does not represent the true attributes of a 'living stream' and accordingly renamed the project to the 'Hillcrest Reserve Stream Project'. Page 150 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At 9:48pm, Cr Mike Anderton, JP left the meeting. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR SALLY PALMER MOVED, CR BARRY MCKENNA SECONDED that Council: 1. Endorse the revegetation and management plans for the Hillcrest Reserve Stream Project as prepared by Natural Area Management Services (NAMS) subject to; a) the replacement of trees with low shrubs only in Evans Place to address residents concerns regarding the loss of views; and b) any minor amendments, if required, by Swan River Trust and the Water Corporation being included. 2. Advise the Water Corporation, Swan River Trust and residents abutting the Hillcrest Reserve Stream Project of the commencement of the proposed construction works. 3. Consider an allocation of $2,500 in the 2011/2012 budget for the annual maintenance of the Hillcrest Reserve Stream. CARRIED UNANIMOUSLY Page 151 ORDINARY COUNCIL MEETING MINUTES 12.1.9 29 MARCH 2011 Claughton Reserve Concept Plan Officer: Director of Technical Services Application For Council to consider the results of the community consultation undertaken on the Claughton Reserve Draft Concept Plan. Background Council initially endorsed a plan to build a floating jetty, carpark and install lighting at Claughton Reserve. The installation of the infrastructure has since become a divisive issue for the area. Following a Special Electors' Meeting, Council resolved to cease all works at Claughton Reserve until a Management Plan was developed for the area. In developing a concept plan, the City has conducted public surveys, public workshops and background development design studies. During the consultation phases detailed above, the areas of greatest contention are the proposed jetty and the already built carpark. Accordingly, these issues have been given more consideration in the plan as they are the most controversial. Additionally, there were a total of fourteen key issues identified through the consultation process. Originally, concern was raised by the Friends of Claughton Reserve regarding the original lack of community consultation regarding the works at Claughton Reserve. In response to this, an exhaustive community consultation plan was developed to run parallel with the concept plan development. At the Ordinary Meeting of Council held on 23 November 2010, Council considered the Draft Concept Plan for Claughton Reserve and resolved that: 1. The Claughton Reserve Draft Concept Plan report be received. 2. Council undertake community consultation on the Claughton Reserve Draft Concept Plan, including the provision of a jetty, for the period December 2010 until the end of January 2011. 3. Council inform the Friends of Claughton Reserve, Swan River Trust, Recreational Boating WA, South West Aboriginal Land and Sea Council, other key stakeholders and any party who has previously forwarded a submission, of the consultation period. 4. An advertisement be placed in the Eastern Suburbs Reporter and a sign be placed on site advising the public of the community consultation period for Claughton Reserve. 5. A further report be presented to Council for consideration following community consultation." Page 152 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Community Consultation In accordance with the above recommendation, community consultation was undertaken and submissions received. These comments have been provided under separate cover. Despite the community consultation process using a number of request mechanisms, the community response was limited. There were eight responses from the general community, and additionally responses from the Friends of Claughton Reserve, Swan River Trust and Boating WA respectively. There has been a large degree of community consultation associated with this project to date and it may be that the majority of the community feel that they have already voiced their opinion in previous responses or forums, such as the Special Electors' Meeting, Claughton Reserve Community Surveys and Claughton Reserve Public Meeting, which have been incorporated into the Claughton Reserve Draft Concept Plan (provided to Councillors under separate cover). Analysis of Community Responses It was important to note that there were a number of overarching comments made by people regarding the plan which included; General Comments Positive Comments • "We are very supportive of the current draft precinct plan for the development of Claughton Reserve (with some exceptions)." • "Delighted to see such consideration taken to meet the needs and concerns of all users of the reserve." • "Congratulations on incorporating the feedback from the public consultation conducted by the City in 2009/2010. Pulled together views in a consecutive and workable concept." • "It is good Council have made a good effort on consultation with the community." • "Looking forward to seeing the final plan and its implementation." • "The City of Bayswater is to be congratulated for the foresight to upgrade the boating facilities, as many Council's just ignore them." Negative Comments • "Dismayed that the Council continue to propose the construction of a 28 metre boat jetty at Claughton reserve. To proceed with this short sighted proposal is paramount to environmental vandalism and should not be tolerated." • "While I welcome some changes, I do object to some of the reasoning behind this." Page 153 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Analysis of Comments Received based on 14 Key Points of Concept Plan = Supports Solution ISSUE SWAN RIVER TRUST = Disagrees with solution BOATING WA COMMUNITY RESPONSES NC = No Comment in response FRIENDS OF CLAUGHTON RESERVE THREE MOST CONTROVERSIAL ISSUES 3- Install a jetty Boating Facility Carpark Option 4 (inverted) N/C Install Bollard Lighting BUILT ENVIRONMENT N/C Install Car park Space at picnic area N/C (0- Against) Option 3 1 person N/C Option 4 1 person 2- N/C N/C Option 4 (Recommends carpark should be under Tonkin bridge) OFFICER COMMENT BASED ON CONSULTATION Include installation of jetty. Include redesign of carpark per Option 4 of plan. Against Flood Lightning Include installation of bollard lighting. No Immediate Action, (Long term option). Not an immediate request. Consider a boardwalk in the long term to limit river riparian zone damage by people. Include replacing toilets with sewer connection. Include Relocation of reserve access road. Lobby DPI to resume land. Water Sensitive Urban Design Installing a Boardwalk N/C N/C N/C Identifies that this is the high use area of reserve, but not a problem N/C N/C N/C No Comment Installing new toilets N/C N/C 4- Relocation of Access (Strongly Supported) N/C 4- 1- N/C Riverlink Connection NATURAL ENVIRONMENT N/C Restoration of Riverbank N/C N/C Restoration of Melaleuca Wetland N/C N/C Turning flooded area into wetland SOCIAL ENVIRONMENT N/C Infrastructure N/C to prevent hooning N/C Installation of N/C Additional Bins 2- - Upgrade Toilets/Connect to sewer (Various alternatives should be considered) - 2- 2- 1- Include WSUD in car park re-design. Include restoration of the riverbank. Include restoration of the Melaleuca Wetland. Include change of flooded area into Wetland. 1- NC Do not install at this time. 2- NC Include installation of additional bins Page 154 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comments Received that have Not been Considered in the Previous Studies/Consultation Within the comments received, most comments have already been discussed at officer level in the Claughton Reserve Draft Concept Plan. Below are responses to additional questions which have not been covered in the previous analysis. Respondent Comment: Officer Response: Comment: Officer Response: Respondent Comment: Officer Response: Swan River Trust Removal of car bays from the river side to create a larger foreshore buffer. Removing the river half of the car park would be the best environmental response. This would however leave the remaining parking flooded in winter The project could qualify for riverbank funding After further discussion with the Swan River Trust the only element of the project that would fit the riverbank funding criteria would be the restoration of the natural environment features such as the foreshore restoration. Friends of Claughton Reserve With reference to the Swan River Trust Report, FILE number SRT 2943 10 March 2008, Annotated: 2.1,5.19 and 5.20. These points state that the river is too shallow for the proposed jetty. Boats using the jetty will disturb the riverbed and cause heavy metals and nutrients to rise, and contaminate the water causing significant pollution problems The length of the jetty has been chosen with due regard to impact of the structure and the depth needed for boat launching in effect a balance was made to ensure that a modest size structure was chosen. It is suggested that by installing the current jetty design, riverbank disturbance will be reduced. This is due to the fact that boat users will have to use less engine thrust and be in deeper water when launching and retrieving their boats than the current situation. Comment: Advice from the Swan River Trust cannot be depended upon to ensure the good environmental health of the river. In this task they have failed miserably. Given the Swan River Trusts poor record in managing the health of the river its advice cannot be relied upon in this instance Swan River Trust At the time, the Trust considered that a floating jetty at Claughton Response Reserve would enhance public use, access and enjoyment of the river at an established recreation site. Whilst all development on the river has an impact, the impact needs to be balanced against the recreation, access needs of the wider community. It is considered that, provided appropriate construction management techniques are employed and a maintenance regime is implemented, the jetty would have a minimal impact on the natural environment and should be supported. Comment: SRT2493 clearly states the dimensions of the proposed jetty as being 17 metres long with an L shape projection of 11 metres with a total length of 28 metres. Page 155 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Respondent Officer Response: Friends of Claughton Reserve (Continued) The jetty's length across the river will be 17 metres long with an L shape addition at the end of 11 meters. This distance will start further inland than the river's edge. The 17 metres was advised as the maximum distance the jetty would protrude out into the river. Respondent Comment: Officer Response: Community Member Ensure that the area stays as dogs off lead The area currently has dogs off lead and a dogs on lead area. The status quo will remain, however may need further consideration at a later date. Respondent Comment: Community Member Request that the City considers including a community garden into Claughton reserve as phase two. Claughton reserve is located on the river, its location would likely not be appropriate for a community garden, in terms of managing nutrient outputs and weeds. Officer Response Comment Finalising the Concept Plan The Draft Concept Plan has various elements of social, economic and environmental consideration. Officers are now seeking Council’s direction on finalising the concept plan. From Council’s previous resolution, the study was to consider all environmental, social and infrastructure issues pertaining to the reserve. As such, potential solutions to all of the key issues raised by the community thus far have been included. Therefore, should Council adopt to implement all of these, funding of approximately $1.2M would be required, however, these works could easily be staged. At present, the cost of the jetty is fully budgeted and the cost of the river restoration could attract 50% Riverbank Funding from the Swan River Trust. At Officer level, there is an expectation that the possibility of attracting a grant for the remainder of the proposals is low, and they would likely need to be funded by the Council. It should be noted that the grant for the jetty has been outstanding for some time and Council runs the risk of losing this funding if the project is not progressed in the current financial year. In keeping with the Council endorsed community consultation plan, the purpose of this report was to adopt a final concept plan for Claughton Reserve. As part of the development of this plan, there were issues that arose that were controversial and issues where a general consensus was achieved. The 14 key issues have been categorised into; A. B. C. General Agreement; General Agreement with a cost; and Controversial Issues. General Agreement. Key Points A • Water Sensitive Urban Design (for car park); Page 156 ORDINARY COUNCIL MEETING MINUTES • • • • • • 29 MARCH 2011 Install a boardwalk along the land edge of the river; Install new toilets; Restoration of the riverbank; Restoration of the Melaleuca wetland; Returning flooded area into wetland; and Installation of additional bins. General Agreement (with high cost/political implications points). Key Points B • • • Install Carpark Space at Picnic Area - the picnic area has been identified as broadly needing management for parking. If the access road is relocated, formalised parking will be included as part of the road; Relocation of Access - the road access currently dissects the reserve, taking up the best area of the reserve and creating a hazard between the toilets, playgrounds and the river. This idea was accepted by the community; however has a high estimated cost of $380,000; and River Link Connection - there is general community desire to have access along the length of the river. The option would be to lobby the DPI to resume the front of the final property to enable a pathway to connect though to Ashfield Parade. Controversial Issues. Key Points C • • • Install a Jetty at the Boat Ramp - the jetty installation has been the most controversial and examined element of this project. Officers have presented various information as to why the jetty should be installed. The Friends of Claughton Reserve have presented various information as to why the jetty should not be installed. Based on the management issues examined for the site and most recent survey response it is the Officer's recommendation that the jetty be installed. Redesign Carpark - the carpark was the second most controversial issue. It is suggested that based on the community consultation and contemporary practices in relation to carpark design that the car park be redesigned as per option 4 of the Draft Claughton Reserve Concept Plan. This option is more in keeping with the normal use of the area. This action will cap the number of users of the area, but will also likely create parking problems during the busiest days of the year, such as Australia Day. Install Lighting - it appears that in general the community has accepted the suggestion of bollard lighting as a more acceptable compromise between the options available. It should be noted however, that although this design will still aid prevention of crime, such as antisocial behaviour, more than no lighting would, it will possibly not be as successful as the previously recommended pole lighting. The Friends of Claughton Reserve have highlighted that they are against the flood lighting over the boat ramp. It is suggested that the flood lighting is an important safety requirement for people launching and retrieving their boats at dawn and dusk and should remain in the plan. Additionally, this would only be one light and would have minimal effect on bird breeding, considering that the reserve and its surrounds have other forms of light pollution such as that from housing, street lighting and the additional lights and noise from Tonkin Highway. Page 157 ORDINARY COUNCIL MEETING MINUTES • 29 MARCH 2011 Infrastructure to prevent hooning - if the road access is redirected the design will include elements to deter hooning. Budget and Approval Considerations Post the Council resolution the only element of the concept plan which is currently budgeted for is the jetty. The jetty has received Swan River Trust approval until the 11 May 2011, however, will likely need a further extension of time. The jetty will require Section 18 Approval. The Indigenous consultation and anthropological studies have been undertaken and an application is ready to be submitted if the jetty is approved. It is expected that it would take approximately 4-6 months to install the jetty considering approval and construction timeframes. Other Elements of the Concept Plan The other elements of this project have not been budgeted for and some elements will need approval under Section 18 Approval from the Department of Indigenous Affairs and Form 1 approval from the Swan River Trust. In considering the above, the Council may wish to consider the following options; Option 1: Comprehensive plan incorporating all infrastructure concerns identified. environmental, social and To respond to all environmental, social and infrastructure concerns, would cost approximately $1.2M incorporating the 14 key issues (A, B and C) as follows; 2010/2011 - Fully Budgeted • Jetty installation. 2011/2012 - $364,500 • Install new self cleaning toilets ($100,000) • Installation of additional bins ($1,000) • The adopted elements of the plan be investigated/costed in detail ($40,000 + Officer time) • The City apply for SRT and DIA approval for the Draft Concept Plan ($30,000) • Fauna Box's be installed ($10,000) • Riverbank funding be sought for the foreshore restoration works (Officer time) • Restoration of the Melaleuca wetland begins ($12,500) • Returning flooded area into wetland begins ($12,500) • Seating upgrade ($40,000) • Playground upgrade ($60,000) • Barbeque upgrade ($48,500) • Tree planting ($10,000) Page 158 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 2012/2013 - $680,000 • That the Car park be re-constructed as per option 4 ($30,000) • That the access road be re-diverted as per option 2 ($380,000) • That the Water Sensitive Urban Design be included as part of the car park design ($50,000) • Restoration of the riverbank ($120,000) • Bollard Lighting ($50,000) • Indigenous Artwork ($25,000) • Restoration of the Melaleuca wetland ($12,500) • Returning flooded area into wetland ($12,500) 2013/2014 - $150,000 • Install a boardwalk between the pathway and river.($150,000) Option 2: This option is a fiscally restrained version based on the key controversial issues. Costs associated with core issue responses is approximately $416,000 and would include; 2010/2011 - Fully Budgeted • Jetty installation. 2011/2012 - $166,000 • Install new self cleaning toilets ($100,000) • Installation of additional Bins ($1,000) • The adopted elements of the plan be investigated/costed in detail (Officer time) • The City apply for SRT and DIA approval for the Draft Concept Plan ($30,000) • Riverbank funding be sought for the foreshore restoration works (Officer time) • Restoration of the Melaleuca wetland begins ($12,500) • Returning flooded area into wetland begins ($12,500) • Tree Planting ($10,000) 2012/2013 - $275,000 • That the Car park be re-constructed as per option 4 ($30,000) • That the Water Sensitive Urban Design be included as part of the car park design ($50,000) • Restoration of the riverbank begins ($120,000) • Bollard Lighting ($50,000) • Restoration of the Melaleuca wetland begins ($12,500) • Returning flooded area into wetland begins ($12,500) Option 3: No jetty installation. This option would be the same as Option 1 or Option 2 minus the jetty Installation. However, the City may be requested to refund the monies used during the car park construction and design. Page 159 ORDINARY COUNCIL MEETING MINUTES Option 4: 29 MARCH 2011 Limited response. This option would include the following at an approximate cost of $150,000; 2010/2011 - Fully Budgeted • Jetty installation only. 2011/2012 - $150,000 • Install new self cleaning toilets ($100,000) • Bollard Lighting ($50,000) Policy Implications Department of Planning and Infrastructure's Recreational Boating Facilities Scheme in Western Australia Study, • Swan River Trust (SRT) Best Management Practices., • Swan and Canning Rivers Management Act, and • Aboriginal Heritage Act Financial Implications The 2010/2011 Budget has an allocation for the installation of a jetty at Claughton Reserve and 50% of the funding for the cost of river restoration may be applied for through the Swan River Trust as part of its of riverbank funding. Costs associated with each Option are as follows; • Option 1: $1,200,000; Option 2: $416,000; Option 3: Same as Option 1 and 2, however there may be an additional cost that may need to be paid back to the boating grant scheme; and Option 4: $150,000 As detailed in the report, the options can be staged over a number of financial years. Voting Requirements Simple Majority Required Officer's Recommendation That Council: 1. Adopts Option 2 for the Claughton Reserve Concept Plan. 2. Advise all stakeholders that have provided written feedback or attended the workshops of Council's decision. 3. Considers an allocation for the staged development of Claughton Reserve in accordance with the Claughton Reserve Concept Plan during the formulation of Council's 2011/2012 budget. Page 160 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance &Personnel Committee Meeting: Committee Discussion The Committee changed the Officer's Recommendation to include the prioritising of the construction of the jetty as this has been an ongoing matter and the launching facilities at the reserve are being used currently. Amendment CR SONIA TURKINGTON MOVED, CR TERRY KENYON, JP SECONDED that a Point 4 be added to read: 4. Undertake the jetty installation works as a priority. CARRIED: 5/2 FOR: AGAINST: Councillors McKenna, Kenyon, JP, Turkington, Palmer and Radford. Councillors Robinson and Anderton, JP. AMENDMENT CR TERRY BLANCHARD MOVED CR MICHAEL SABATINO SECONDED that an amendment be made to Point 1 of the recommendation to read, that Council: 1. Adopts Option 2 for the Claughton Reserve Concept Plan, except the jetty not to be located directly adjacent to the boat ramp and that a floating finger-jetty be constructed where the old fishing jetty was located such that boats can be accessed by the disabled and elderly. The Amendment was put and LOST: 3/7 The Amendment did not become part of the Substantive Motion. FOR: AGAINST: Councillors Sabatino, and Blanchard. Councillors, Kenyon, JP, McKenna, Robinson, Turkington, Albert, Palmer, Pittaway and Radford. At 9:50pm, Cr Mike Anderton, JP returned to the meeting. Page 161 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR BARRY MCKENNA MOVED, CR SONIA TURKINGTON SECONDED that Council: 1. Adopts Option 2 for the Claughton Reserve Concept Plan. 2. Advise all stakeholders that have provided written feedback or attended the workshops of Council's decision. 3. Considers an allocation for the staged development of Claughton Reserve in accordance with the Claughton Reserve Concept Plan during the formulation of Council's 2011/2012 budget. 4. Undertake the jetty installation works as a priority. CARRIED 7:4 FOR: AGAINST: Councillors, Kenyon, JP, McKenna, Turkington, Albert, Palmer, Pittaway and Radford. Councillors, Robinson, Sabatino, Anderton, JP and Blanchard. At the Technical Services and Finance &Personnel Committee Meeting: CARRIED: 5/2 FOR: AGAINST: Councillors McKenna, Kenyon, JP, Turkington, Palmer and Radford. Councillors Robinson and Anderton, JP. Item 1.11 was dealt with after this Item. Page 162 ORDINARY COUNCIL MEETING MINUTES 12.1.10 29 MARCH 2011 Swan and Canning River – Draft Priority Plan Attachments: Draft Plan Officer: Chief Executive Officer Application For Council to consider endorsing the Western Australian Local Government Association’s (WALGA) ‘Draft Priority Plan for Investment in the Swan Canning Catchment’ developed on behalf of the Swan Canning Policy Forum. Background The WALGA established a Swan Canning River Policy Forum in February 2010 to unite the 21 Councils (C21) that adjoin the river on common issues affecting the Swan-Canning River System. The focus of the forum is to provide a united approach by local government; • • • For advocacy and action on water quality improvements in the iconic Swan and Canning Rivers; To source, secure sustainable funding at both a State and Federal level for water quality (health of the river) and foreshore infrastructure asset maintenance and riverbank stabilisation; and Delivering tangible, sustainable mechanisms for local government to manage assets and improve water quality in the catchment. The forum has been pursuing a business case for a sustainable funding mechanism for water quality improvements and infrastructure renewal and the development of a communication strategy to gain local community support that will result in; • • • • • • • • • • Improved water quality in rivers, waterways and groundwater; Improved condition of built and natural foreshore areas through implementation of best practice; Improved stormwater management to best practice standards; Increased community awareness about the water quality issues in the Catchment; Behaviour change influenced to reduce nutrients and contaminants reaching waterways; Water quality considerations integrated into land use planning processes; Current and future development maintaining or improving water quality; Increased trust, collaboration and understanding between key stakeholders; Improved river resilience to manage climate change impacts; and Clarity on the roles and responsibilities of relevant stakeholders. In May 2010, Mayor Kenyon, JP advised the WALGA forum of the outcomes of his meetings with Federal Members on impacts and issues relating to the financial burden on local governments left to tackle: • • foreshore erosion and rehabilitation; and landfill site management/remediation. Page 163 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Accordingly, to entrance the potential for Federal funding, the WALGA commenced undertaking investigations into the opportunity of Natural Heritage listing of the SwanCanning River System. The ‘Draft Priority Plan for Investment in the Swan Canning Catchment’ is enclosed as Attachment 1. The plan details many impacts on the river from toxins, climate, nutrients, algal blooms, reduced rainfall and clearing of land. However, the plan also recognises opportunities to redress issues including drainage, wetland improvements, community education, infrastructure design, river protection infrastructure and water reform to improve water quality. At this stage, there is no financial contribution required, rather the focus on seeking recognition from the highest levels of Government and therefore funding to major stakeholders to support their efforts in water quality improvement of the Swan Canning Rivers. The plan indicates that approximately $23.2M was being spent by Local Governments (C21) on the Riverpark in 2009/2010 and the current investment into Riverpark management is estimated at $72.36M annually. The plan also acknowledges Local Government as the biggest collective investor in the Riverpark. Comment The plan proposes a structure under the State Government with Local Government, the Swan River Trust (SRT), Water Corporation, Department of Water and research bodies taking equal places under a trust. All departments and organisations have contributed to the development of the plan and are prepared to endorse the ‘Draft Priority Plan’. The model is based on the principle that the community should share in the responsibility for protecting ‘high value’ environments. The Water Corporation would collect the funds which would be made available through the Trust for investment into water quality improvement projects. The model has been successfully implemented in other States. For example, there are an estimated 653,349 residential dwellings in the Perth metropolitan area. The Water Corporation currently charges a minimum rate of $75.45 the 260,000 residential properties. Applying a rate to the remaining 393,349 residential properties at the minimum charge of $75.45 would generate well over $30M annually. With consideration for higher GRV properties and the inclusion of industrial and commercial, this would be expected to generate $56M annually under current costing structures. This funding is proposed in addition to current investments. With matching requirements, this could reduce time for Priority 1 projects to 16 years compared to the projected 63 years under the current Riverbank Program and allow allocations for remediation of disused landfill sites. Page 164 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 There are a number of opportunities to develop a sustainable funding mechanism for water quality improvement. A combination of methods could be used to help achieve the stated objectives and the plan suggests the following other possible revenue streams; Healthy Catchment Rate: Term for ‘drainage rate’ can be used for an array of activities which will achieve water quality improvement. The drainage rate can be calculated, collected and administered in a number of ways. Collected by the Water Corporation and then administered by a central body who distributes to Local Government, Water Corporation, Swan River Trust, catchment and community groups is the preferred model. Developer Contributions: To be calculated using the average cost of remediation for nutrient concentrations. Stakeholder Investment: It is envisaged that stakeholders will contribute up to 50% of the total costs for this project, including Local Government. Boat Levy: Additional levy for boat owners which is used to improve water quality. Collected by Department of Fisheries and administered by the Department of Water. Speeding Fine for Boats: Revenue raised through enforcement could be put towards water quality and foreshore rehabilitation works. Business as Usual: Low level of investment leading to continuing water quality problems, aging and deteriorating shoreline and drainage infrastructure. For the City and Local Government in general, the key for future success seems to be the Healthy Catchment Rate however, further investigation is required to ensure the model is sustainable and robust. Business as Usual, is no longer an option, but the need for a strategic and integrated approach to funding is necessary. Stronger partnerships and cooperation between agencies would need to emerge to allow State Government to lead and make the initiative work. As part of the policy forum outcomes, WALGA developed the ‘Discover your River’s Campaign”, a communication strategy to raise the profile of the river and create community awareness regarding waterway health. WALGA have gained support from the Community Newspaper Group to sponsor this campaign and run a series of feature stories in relation to the river. The C21 Local Governments are also encouraged to be part of the campaign. The campaign was officially launched on 21 October 2010 at the Canning Eco Centre with the C21, Mayors and Presidents, signing the Local Government Charter for the Swan and Canning River System. Page 165 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The future impacts on the City could be in the areas of; • • • • asset management; water quality improvement works; policy change; and financial implications with the expectation that stakeholders would match funds for works. The recommendations of the Plan are; 1. The State Government work with key stakeholders to develop an equitable and ongoing funding mechanism to improve the health of the Swan Canning Catchment and river assets. 2. Local Government develop stormwater quality management plans to improve asset management and implement current best practice for integrated water management. 3. Water Corporation develop stormwater quality management plans and report on water quality within main drains and capital works programs and implement current best practice for integrated water management. 4. The State Government increase funding for the Swan River Trust in future State budgets. 5. A partnership agreement is signed by all statutory stakeholders to commit to water quality improvement and to clarify roles and responsibilities. 6. Water quality targets/guidelines are established for new development and enforced through the planning system or Department of Water. 7. A compulsory nutrient offset scheme is developed. 8. The State water reform Agenda include water quality management provisions for drainage services providers and mechanisms to reduce transfer of nutrients and contaminants to water bodies. 9. Expand the Infill Sewerage Program to include industrial areas and currently unsewered urban areas. 10. Require stronger fertiliser regulation for the agricultural sector through the Feriliser Action Plan and stronger emphasis on soil amendments and training in rural areas. The City provided comments on the draft Plan and the following responses were received; COMMENT RESPONSE There is insufficient emphasis on foreshore stabilisation, which is believed to be one of the original intent of the Forum Group. Almost one fifth of the total revenue is allocated to shoreline protection through the Riverbank Program, which includes foreshore stabilisation. An additional line item ‘Waterway Protection’ has also been included in the allocation table. Local Government has demonstrated commitment and political will to address stormwater quality where the Water Corporation is not mandated to do so. Recommendation 3 has been expanded to ensure Water Corporation also implements best practice. The report also seems to focus heavily on Local Governments’ responsibility for stormwater management whereas the responsibility of the State Government (Water Corporation) in stormwater management is not as strongly emphasised. Page 166 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COMMENT RESPONSE In relation to Recommendation 3, it is considered that the Water Corporation should be required to implement current best practice (as per Recommendation 2) not just report on water quality. The need for a Healthy Catchments Trust may not be necessary with organisations already working in this role such as Swan River Trust and Department of Water. If however, the Forum Group has a wider focus, the funding should also assist fund bush forever riparian vegetation restoration and management on the river foreshore, for example, at Bardon Park/Berringa Park This recommendation has been expanded to include implementation of best practice. This is a potential option and would be determined by the State Government. This would be considered if research indicated it was a priority. The Forum seeks endorsement of the draft plan and acknowledges that many of the options are outside the jurisdiction of Local Government. It is suggested that Council endorse the ‘Draft Plan’ and the intent of the plan to lobby State and Federal Governments. Policy Implications Policies would need to be reviewed in relation to land use planning polices and processes. Financial Implications At this stage, there is no financial contribution required however, there is an expectation that stakeholders would be required to match funds for works. In some instances, this could be accommodated in the City’s annual budget process. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council endorses and supports the recommendations contained within the ‘Draft Priority Plan for Investment in the Swan Canning Catchment’, to increase State Government funding to improve water quality and rehabilitation of the Swan and Canning Rivers. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 167 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee Meeting: This Item was dealt with after Item 1.9. 12.1.11 EMRC Council Meeting - 17 February 2011 Attachments: City of Bayswater Delegate's Report EMRC - Abridged Council Minutes - 17 February 2011 Officer: Director of Technical Services At the Technical Services and Finance & Personnel Committee Meeting: CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford declared an impartial interest in this item as he is a member of the EMRC. Cr Radford remained in the room during voting on this item. CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna declared an impartial interest in this item as he is a Deputy Delegate at the EMRC. Cr McKenna remained in the room during voting on this item. CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford declared an impartial interest in this item as he is a member of the EMRC. Cr Radford remained in the room during voting on this item. CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna declared an impartial interest in this item as he is a Deputy Delegate at the EMRC. Cr McKenna remained in the room during voting on this item. CR GRAHAM PITTAWAY, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Graham Pittaway declared an impartial interest in this item as he is the Chairman of the EMRC. Cr Pittaway remained in the room during voting on this item. Application To allow Council consideration of the recent Minutes from the Eastern Metropolitan Regional Council (EMRC). Background A Council Meeting of the EMRC was held on 17 February 2011, Cr Graham Pittaway (Chairperson), Cr Alan Radford and the Director of Technical Services were in attendance. A Delegates Report listing items with implications for the City of Bayswater is Attachment 1 and the Abridged Minutes form Attachment 2. Policy Implications Nil. Page 168 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications As detailed in the Delegates Report. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR SONIA TURKINGTON MOVED, CR SALLY PALMER SECONDED that the Eastern Metropolitan Regional Council’s (EMRC) Delegate’s Report and Abridged Council Minutes of the Meeting of 17 February 2011 be received. CARRIED UNANIMOUSLY Page 169 ORDINARY COUNCIL MEETING MINUTES 12.1.12 29 MARCH 2011 Making Cities Liveable Conference Attachments: Registration Brochure Officer: Director of Technical Services Application To advise Councillors of the 4th Making Cities Liveable Conference to be held at the Outrigger Little Hastings Street Resort & Spa, Noosa, Queensland from 28 to 29 July 2011. Background The 4th Making Cities Liveable Conference, as part of the Alliance for Healthy Cities, will be a platform for Government and Industry professionals to discuss causes, effects and solutions that relate to population health, sustainability, natural resource management, transport, climate change and urban design. The conference will focus on a variety of themes and topics; • Managing Population and Economic Growth in Healthy Cities; o o o Intensification of Regional Cities and Places; Impacts of buying local on Community Sustainability; and Green Principles Green Design - the Future for Viable Healthy Cities. • Coastal Urbanisation - Rapid Development Affecting Sense of Place; • Climate Change Adaption; o o o o • Renewable Energy; Community Engagement; Natural Resource Management; and Waste Reuse Technologies. Links between Environmental Sustainability and Human Health - the Co-benefits Framework; o o o o Population Health Management - Immunisation, Bio security, Food Safety and Epidemic Control; Managing Communicable Disease Outbreaks - Health Security; Child-friendly Cities - Physical Environments in our Cities and Neighbourhoods; and Disaster Management - Public Welfare - Recovery and Rebuild. • Technology and its Place in Healthy Cities; and • Managing Legislation and Policy to achieve Healthy Cities. A copy of the conference registration brochure is enclosed as Attachment 1, however, at this stage, the full conference program has not yet been released. Page 170 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment At this stage, the Senior Management Group has not approved for the attendance of an officer to the 4th Making Cities Liveable Conference and will await the release of the full conference program prior to deciding if it is appropriate to send an officer. It is recommended that Council gives consideration to nominating an Elected Member to attend. Policy Implications Council Policy EO-P05 Travel and Accommodation, provides the arrangements for the reimbursements of conference travel and accommodation expenses for Elected Member/s and officers in accordance with the Local Government Act 1995. Council Policy EO-P22 Conference/Seminar Attendance – Elected Members, establishes the parameters for the attendance of Elected Members at interstate and regional Western Australian conferences. Each Elected Member is eligible to attend up to three (3) conferences for the period covering the bi-annual elections. Financial Implications The cost associated with attendance of an Elected Member and any officer attendees is in the order of $3,500 per attendee and would be funded through the respective conference accounts. Voting Requirements Simple Majority Required Officer's Recommendation That approval be granted for the attendance and associated costs of Cr __________________ at the 4th Making Cities Liveable Conference to be held in Noosa, Queensland from 28 to 29 July 2011. Committee Recommendation to Council That approval be granted for the attendance and associated costs of Cr Sally Palmer and Cr Mike Anderton, JP at the 4th Making Cities Liveable Conference to be held in Noosa, Queensland from 28 to 29 July 2011. COUNCIL RESOLUTION CR BARRY MCKENNA MOVED, CR SALLY PALMER SECONDED that approval be granted for the attendance and associated costs of Cr Sally Palmer, Cr Mike Anderton, JP and Cr Alan Radford at the 4th Making Cities Liveable Conference to be held in Noosa, Queensland from 28 to 29 July 2011. CARRIED UNANIMOUSLY Page 171 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 12.2 Finance & Personnel 12.2.1 Financial Reports for the Period 1 July 2010 to 28 February 2011 Officer: Director of Finance Application To inform Council of the financial reports and Budget Review for the period 1 July 2010 to 28 February 2011. Background The financial statements for the reporting period are submitted in the form of : o Financial Activity Statement Report o Net Current Asset Position o Reserve Fund Statement o Summary Schedule of Divisional Financial Activity o Divisional Summaries. FINANCIAL MANAGEMENT REPORT – 1 JULY 2010 TO 28 FEBRUARY 2011 At a Glance 2010 2011 Total income $45,387,073 $50,008,611 Total expenditure $29,423,800 $29,963,067 Capital works expended $5,476,050 $13,021,686 4.89% 5.78% Average interest rate on earnings Financial results for the period ending 28 February are within budget estimates and compare favourably to the same period last financial year. Divisional Highlights • Chief Executive Office The division is operating well within budget estimates with cost savings occurring within the occupational Health and Safety and Human Resources areas. • Administration & Community Services The revenue in this division is slightly ahead of budget. This is mainly due to Bayswater Waves income. Expenditure - There are no significant variations to budget and overall expenditure is well within budget. Page 172 ORDINARY COUNCIL MEETING MINUTES • 29 MARCH 2011 Planning & Development Services Revenue - Planning revenue is slightly below budget with Building Applications slightly exceeding budget. Expenditure - The core area of expenditure in this division is the maintenance and upkeep of properties. Currently total levels of expenditure are on budget with minor higher-than-budget variations in e.g. General Building Maintenance. Overall the balance of expenditure in this area is on budget. • • Technical Services Revenue - The main revenue stream in this division is Sanitation Income. This is in line with budget. Expenditure - The division is operating at slightly above year-to-date budget, in particular in the Ground Maintenance area. Efforts will be made to curtail spending in this area, however minimum service levels still need to be maintained. Financial Services The revenue in this division is mainly rates income which is on budget. Overall expenditure is also in line with budget. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the financial reports for the period 1 July 2010 to 28 February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION At the Technical Services and Finance and Personnel Committee Meeting: Item 2.5 was dealt with after this Item Page 173 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CITY OF BAYSWATER FINANCIAL ACTIVITY STATEMENT REPORT FOR THE PERIOD 1 JULY 2010 TO 28 FEBRUARY 2011 % OF YEAR REVENUE General Purpose Funding Law Order & Public Safety Health Welfare & Education Housing Community Amenities Recreation & Culture Transport Economic Services Other Property & Services LESS OPERATING EXPENDITURE General Purpose Funding Governance/Admin Law Order & Public Safety Health Welfare & Education Housing Community Amenities Recreation & Culture Transport Economic Services Other Property & Services ADOPTED BUDGET 2010-2011 ACTUAL 32,007,554 155,700 111,848 8,156,527 75,400 8,910,425 5,330,892 332,081 651,500 52,000 $55,783,927 30,621,921 114,996 90,807 4,708,602 56,269 8,801,621 3,852,481 256,721 468,706 46,380 $49,018,504 95.67 73.86 81.19 57.73 74.63 98.78 72.27 77.31 71.94 89.19 87.87 515,423 4,521,159 1,875,514 1,300,383 8,655,811 102,858 9,771,266 20,812,027 4,224,101 1,555,601 1,789,508 $55,123,651 361,531 2,602,374 1,226,274 765,605 4,935,391 77,504 6,500,534 13,192,488 2,959,489 859,371 754,106 $34,234,667 70.14 57.56 65.38 58.88 57.02 75.35 66.53 63.39 70.06 55.24 42.14 62.11 843,737 7,587,766 744,702 552,476 ADD CONTRIBUTIONS/GRANTS FOR THE DEVELOPMENT OF ASSETS General Purpose Funding Recreation & Culture Transport Funding for Operations 437,631 $9,176,205 $990,107 $9,836,481 $15,773,944 ADD DISPOSAL OF ASSETS RESERVES MOVEMENT PRINCIPAL LOAN RECOVERIES EMPLOYEE PROVISIONS DEPRECIATION $414,500 $4,147,020 $58,480 $69,500 $6,407,400 $11,096,900 $4,271,600 $5,109,958 $310,752 $486,278 $41,328 CAPITAL EXPENDITURE $30,725,573 $13,332,438 LESS REPAYMENT OF DEBT PROFIT/LOSS ON DISPOSAL OF ASSETS OPENING BALANCE CLOSING BALANCE % BUDGET $61,480 ($467,296) $42,314 $30,319,757 $13,374,752 $9,872,975 $486,599 $10,172,099 $17,681,249 Explanation of expenditure greater than 10% of the average monthly estimates Nil Page 174 66.85% ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 NET CURRENT ASSET POSITION AS AT 28 FEBRUARY 2011 2010/2011 2009/2010 SURPLUS SUMMARY REPRESENTED BY CASH AT BANK AS AT 28 FEBRUARY 2011 $18,178,961 $25,359,903 $5,708,526 $10,165,139 STOCK $127,750 $158,953 PREPAID EXPENSES $139,008 $330,216 $24,154,245 $36,014,211 $352,998 $216,564 DEBTORS/INCOME DUE NOT RECEIVED G.S.T. CLEARING ACCOUNT (Cleared at time of lodging B.A.S. return ) FIRE & SERVICES LEVY CREDITORS Deferred Movement - Pensioners/Other Aged Persons Homes BALANCE AS AT 28 FEBRUARY 2011 As Per Summary of Divisional Activity ($564,643) ($4,042,409) ($473,351) ($2,564,240) ($54,538) ($16,012) $9,180,571 $5,322,871 $29,026,224 $38,500,043 $3,592,549 $7,752,426 $7,938,870 $3,836,345 $17,681,249 $26,724,828 LESS RESTRICTED ASSETS RESERVES - GENERAL RESERVES/RESTRICTED - AGED CLOSING BALANCE AS AT 28 FEBRUARY 2011 AS PER FINANCIAL ACTIVITY REPORT Page 175 Page 176 $ 13,701 73,298 Maylands Waterland Gratuity Reserve 4,630,479 $ 1,682 Bayswater Aquatic Centre Replacements Total Municipal Operations 39,199 3,200,925 Alma Venville Rec Centre Major Capital Works Morley Recreation Centre 786,047 Workers Compensation 4,078,827 $ 73,298 13,701 1,682 39,199 2,532,029 786,047 111,131 102,244 Building Upgrade 216,446 71,013 216,460 26,970 102,276 105,035 Plant & Equipment Long Service Leave 1,163 102,276 Bore & Reticulation Grounds Facilities Lighting 93,484 OPENING BALANCE 01-Jul-10 Budget Acual Property Building & Equipment TITLE 149,923 $ 2,932 548 61 1,568 90,000 31,442 4,090 8,658 6,885 3,739 145,050 $ 2,774 518 63 1,483 88,498 29,748 4,067 2,687 8,191 1,018 3,841 2,162 INTEREST EARNED Budget Actual 1,435,896 $ 325,896 1,000,000 110,000 TRANSFERS TO RESERVES Budget Actual - $ 4,947,477 $ 40,767 3,492,290 98,920 1,000,000 219,000 96,500 631,328 $ 526,914 14,759 3,155 86,500 717,169 $ 76,230 14,249 1,743 0 -544,365 817,489 16,301 71,013 225,104 26,970 161 12,274 Budget Budget Actual BALANCE REQUIREMENTS RESERVE FUND BUDGET 2010-2011 28-Feb-11 20,697 3,592,549 76,072 14,219 1,745 40,682 2,093,613 815,795 100,439 73,700 224,637 27,988 102,962 Actual BALANCE ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 SUMMARY SCHEDULE OF DIVISIONAL FINANCIAL ACTIVITY AS AT 28 FEBRUARY 2011 BUDGET (Revised) INCOME EXPENDITURE ACTUAL INCOME EXPENDITURE Chief Executive Office Administration & Community Services Aged Persons Homes Planning & Development Services Technical Services Financial Services $9,500 $7,525,709 $6,228,459 $9,125,501 $10,467,215 $31,982,954 $2,500,393 $12,019,775 $4,971,984 $4,748,062 $19,979,096 $4,019,095 $1,432 $5,284,867 $3,391,387 $882,297 $9,792,945 $30,655,683 $1,281,194 $7,209,971 $2,861,422 $2,800,710 $13,449,490 $2,360,280 TOTAL ALL OPERATING $65,339,338 $48,238,405 $50,008,611 $29,963,067 OPERATING CAPITAL Administration & Community Services Planning & Development Services Aged Technical Services Financial Services - Recreation Centres,Computing Plant Trades $450,245 $8,980,758 $127,894 $3,551,090 $222,451 ($414,500) ($310,752) $29,950,574 TOTAL ALL CAPITAL TOTAL FROM OPERATIONS $65,339,338 GENERAL OPENING BALANCE 1 JUL 10 $13,759,549 $4,485,370 - AGED PERSONS HOMES $848,161 $18,572,797 $282,000 10,192,474 $469,642 $78,188,979 $13,021,686 $50,008,611 $42,984,753 $13,224,852 $8,778,500 CLOSING BALANCE 28 FEBRUARY 2011 $29,026,224 CLOSING BALANCE 30 JUNE 2011 (Adopted Budget) Aged Persons Homes $1,682,436 $3,709,842 BORROWINGS Principal Loan Repayments - General Principal Loan Recoveries TOTAL $61,480 $42,314 $58,480 $58,480 $61,480 $41,328 $41,328 $42,314 $83,642,737 $83,642,737 $72,053,291 $72,053,291 Page 177 Last Year Income Expenditure $45,387,073 $34,899,850 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 BUDGET 2010-2011 CHIEF EXECUTIVE OFFICE 28-Feb-10 244 8 % OF YEAR Description Revised Budget Actual Committed Total 66.85% % Operating Income SS10100 Members of Council Total Operating Income -$9,500 -$1,432 $0 -$1,432 -$9,500 -$1,432 $0 -$1,432 15.07% 15.07% $826,246 $1,091,391 $500,443 $82,313 $604,011 $378,648 $282,982 $15,553 $24,012 $261 $2,552 $0 $628,023 $378,909 $285,534 $15,553 76.01% 34.72% 57.06% 18.89% Total Operating Expenditure $2,500,393 $1,281,194 $26,825 $1,308,019 52.31% Total Chief Executive Office $2,490,893 $1,279,762 $26,825 $1,306,587 52.45% Operating Expenditure SS10100 Members of Council SS10120 Chief Executive Officer's Office SS10200 Human Resources SS10210 Occupational Health & Safety Maintenance Costs Page 178 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 BUDGET 2010-2011 ADMINISTRATION & COMMUNITY SERVICES 28-February-2011 244 8 % OF YEAR Description Revised Budget Actual Committed Total 66.85% % Operating Income SS10300 General Administration SS10301 Records Administration SS10400 Rangers SS10405 Security Watch SS10410 Animal Control SS10420 Parking Facilities SS10600 Bayswater Waves SS10610 Maylands Waterland SS10700 Bayswater Library SS10705 Maylands Library SS10710 Morley Library SS10801 Other Recreation & Sport SS10805 Embleton Golf Course SS10810 Maylands Golf Course SS11000 Community Programmes SS11105 Bayswater Senior Citizens SS11106 Morley Senior Cits SS11107 Maylands Autumn Ctre SS11110 Bayswater Podiatry SS11111 Morley Podiatry SS11112 Maylands Podiatry SS11115 Community Housing SS11125 Youth Services SS11130 Community Bus SS11145 Other Community Services SS11210 Other Admin & Comm Service SS11300 HACC Program - Assessment SS11301 Meals on Wheels SS11302 Adult Day Services SS11303 Aged in Home Care SS11305 BLIS SS11306 Social Support Prg SS11307 HACC Program Transport SS11308 Food Preparation SS11310 Counselling Support SS11311 Client Care SS10800 Recreation & Sport SS11115 Community Housing SS11120 Rental Council Properties SS11201 Pre-Schools SS11600 Other Total Operating Income -$48,200 $0 -$32,500 $0 -$84,600 -$66,500 -$2,910,035 -$155,500 -$6,300 -$12,850 -$26,150 -$195,776 -$425,000 -$1,125,000 -$147,500 -$9,500 -$20,200 -$8,000 -$23,400 -$34,000 -$9,500 -$1,000 $0 -$3,000 -$11,000 -$20,000 -$174,128 -$305,000 -$240,000 -$268,500 -$153,000 -$255,300 -$179,000 -$105,300 -$80,000 -$11,000 -$272,570 -$61,700 -$12,700 -$32,000 $0 $22,498 -$510 -$13,315 -$10,000 -$57,442 -$32,808 -$2,222,773 -$134,067 -$5,102 -$9,202 -$17,750 $6,507 -$277,087 -$769,738 -$138,178 -$4,763 -$3,914 -$8,079 -$8,887 -$15,314 -$6,188 -$722 -$1,000 -$721 -$5,127 -$41,840 -$35,599 -$186,773 -$207,064 -$200,437 -$142,406 -$156,465 -$137,325 -$83,609 -$67,230 -$8,605 -$233,559 -$43,740 -$11,807 -$13,743 -$982 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,498 -$510 -$13,315 -$10,000 -$57,442 -$32,808 -$2,222,773 -$134,067 -$5,102 -$9,202 -$17,750 $6,507 -$277,087 -$769,738 -$138,178 -$4,763 -$3,914 -$8,079 -$8,887 -$15,314 -$6,188 -$722 -$1,000 -$721 -$5,127 -$41,840 -$35,599 -$186,773 -$207,064 -$200,437 -$142,406 -$156,465 -$137,325 -$83,609 -$67,230 -$8,605 -$233,559 -$43,740 -$11,807 -$13,743 -$982 -$7,525,709 -$5,284,867 $0 -$5,284,867 Page 179 -46.68% 40.97% 67.90% 49.34% 76.38% 86.22% 80.98% 71.61% 67.88% -3.32% 65.20% 68.42% 93.68% 50.14% 19.38% 100.99% 37.98% 45.04% 65.14% 72.19% 24.05% 46.61% 209.20% 20.44% 61.24% 86.28% 74.65% 93.08% 61.29% 76.72% 79.40% 84.04% 78.23% 85.69% 70.89% 92.97% 42.95% 70.22% ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 BUDGET 2009-2010 ADMINISTRATION & COMMUNITY SERVICES 28-February-2011 8 % OF YEAR Description Revised Budget Actual Committed Total 66.85% % Operating Expenditure SS10300 SS10301 SS10400 SS10405 SS10410 SS10420 SS10600 SS10610 SS10700 SS10705 SS10710 SS10750 SS10800 SS10801 SS10805 SS10810 SS11000 SS11100 SS11105 SS11106 SS11107 SS11110 SS11111 SS11112 SS11115 SS11125 SS11130 SS11140 SS11145 SS11200 SS11210 SS11300 SS11301 SS11302 SS11303 SS11305 SS11306 SS11307 SS11308 SS11310 SS11311 General Administration Records Administration Rangers Security Watch Animal Control Parking Facilities Bayswater Waves Maylands Waterland Bayswater Library Maylands Library Morley Library Maylands Multipurpose Centre Recreation & Sport Other Recreation & Sport Embleton Golf Course Maylands Golf Course Community Programmes Community Services Administration Bayswater Senior Citizens Morley Senior Cits Maylands Autumn Ctre Bayswater Podiatry Morley Podiatry Maylands Podiatry Community Housing Youth Services Community Bus Community Events Other Community Services Education Other Admin & Comm Service HACC Program - Assessment Meals on Wheels Adult Day Services Aged in Home Care BLIS Social Support Prg HACC Program Transport Food Preparation Counselling Support Client Care $1,021,483 $375,281 $269,255 $1,013,000 $225,826 $198,696 $3,221,293 $158,403 $418,632 $439,853 $782,184 $20,000 $5,700 $616,316 $123,950 $128,000 $380,000 $185,510 $45,980 $45,317 $43,653 $22,480 $21,000 $18,800 $62,875 $199,500 $29,400 $136,500 $11,000 $13,210 $15,450 $211,449 $340,562 $270,672 $307,670 $188,604 $79,711 $105,162 $123,822 $77,068 $66,508 $655,489 $222,847 $185,275 $651,454 $128,786 $110,639 $2,039,775 $95,954 $257,408 $269,256 $470,886 $0 $3,441 $352,763 $92,590 $48,815 $216,022 $109,426 $29,206 $28,967 $26,991 $7,349 $12,693 $8,176 $55,144 $100,439 $15,062 $105,101 $6,081 $4,810 $236 $51,482 $171,992 $156,809 $142,062 $101,681 $80,968 $86,232 $51,350 $43,672 $12,642 $19,746 $5,602 $6,449 $737 $2,938 $0 $81,378 $26,085 $15,333 $11,978 $18,178 $0 $0 $9,282 $0 $500 $17,327 $414 $149 $0 $0 $6,527 $14,467 $2,851 $0 $4,023 $535 $0 $0 $0 $4,985 $0 $25,175 $1,305 $0 $1,724 $0 $0 $0 $0 $0 $675,235 $228,450 $191,724 $652,191 $131,724 $110,639 $2,121,153 $122,039 $272,741 $281,235 $489,064 $0 $3,441 $362,045 $92,590 $49,315 $233,349 $109,839 $29,355 $28,967 $26,991 $13,876 $27,160 $11,027 $55,144 $104,462 $15,597 $105,101 $6,081 $4,810 $5,221 $51,482 $197,167 $158,115 $142,062 $103,404 $80,968 $86,232 $51,350 $43,672 $12,642 66.10% 60.87% 71.21% 64.38% 58.33% 55.68% 65.85% 77.04% 65.15% 63.94% 62.53% 0.00% 60.38% 58.74% 74.70% 38.53% 61.41% 59.21% 63.84% 63.92% 61.83% 61.73% 129.33% 58.65% 87.70% 52.36% 53.05% 77.00% 55.28% 36.41% 33.80% 24.35% 57.89% 58.42% 46.17% 54.83% 101.58% 82.00% 41.47% 56.67% 19.01% $12,019,775 $7,209,971 $277,688 $7,487,659 62.29% $4,494,066 $1,925,113 $277,688 $2,202,792 Maintenance Costs Total Operating Expenditure Total Admin & Community Services Page 180 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 ADMINISTRATION & COMMUNITY SERVICES OPERATING INCOME 8000000 7000000 6000000 Budget 5000000 Progressive Actual 4000000 Straight Line 3000000 2000000 1000000 0 E J UN MAY IL A PR UAR CH MAR R FEB Y UAR J AN Y ER EMB D EC ER EMB NO V BER BER TEM O OCT SEP UST AUG JULY OPERATING EXPENDITURE 16000000 14000000 Budget 12000000 Straight Line 10000000 Progressive Actual 8000000 6000000 4000000 2000000 0 E J UN IL MAY APR H R RUA Y UAR Y ER EM B ER EM B C MAR F EB J AN DEC NOV R O BE US T BE R TEM OCT SEP AUG JULY Page 181 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - ADMINISTRATION & COMMUNITY SERVICES AS AT 28-Feb-11 REVISED BUDGET ACTUAL COMMITTED TOTAL CARRIED FORWARD WORKS Sub Section: SS18000 - Furniture & Equipment F10000 Honour Board Sub Total $4,920 $0 $0 $0 $4,920 $0 $0 $0 $1,667 $0 $0 $0 $1,667 $0 $0 $0 $23,446 $0 $0 $2,175 $28,618 $6,818 $0 $0 $0 $2,457 $0 $140 $23,446 $0 $0 $4,632 $28,618 $6,958 $70,350 $61,057 $2,597 $63,654 $1,029 $4,881 $524 $0 $2,157 $0 $0 $0 $0 $0 $2,157 $0 $6,434 $2,157 $0 $2,157 $10,000 $0 $0 $0 $10,000 $0 $0 $0 Sub Section: SS18015 - Ranger & Security Services F10200 Dog Exercise Signs City Wide Sub Total Sub Section: SS18020 - Recreation Development D11700 F10900 F11200 F11300 F11400 F11500 Frank Drago Pitch and Lighting CSRFF upgrade successful application, Council$12,028 resolution April 07 ? Bayswater Bowling Club Lighting Improvemts $5,400 Maylands Bowling Club Auto Retic to Greens A and B $1,138 Noranda Sporting Complex Upgrade Floodlighting to Australian Standard $15,000 Houghton Reserve Upgrade Floodlighting to Australian Standard $27,613 Robert Thompson ReserveNew Playground Installation $9,171 Sub Total Sub Section: SS18070 - Public Open Space Capital Development C17100 C17500 C17600 POS Silverwood Reserve POS Puntie Cres Reserve POS Anchorage Park Resv Sub Total Sub Section: SS20150 - Community Services - Capital F33800 Noranda Senior Citizens Feasibility Sub Total Sub Section: SS20180 - Security Services E25300 2 x Bollard camera packs inclusive of installatio $18,960 $0 $0 $0 Sub Total $18,960 $0 $0 $0 Sub Total Cfwd Works $112,331 $63,214 $2,597 $65,811 Page 182 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - ADMINISTRATION & COMMUNITY SERVICES 28-Feb-11 AS AT REVISED BUDGET ACTUAL COMMITTED TOTAL New Asset Sub Section: SS18020 - Recreation Development G11000 G11100 G11200 Hillcrest Park Crimea Reserve Noranda Little Athletics Turf Wicket,3 Practice Wicket Home Run Fence Timing Equipment $20,000 $10,000 $15,000 $0 $0 $13,636 $14,221 $0 $0 $14,221 $0 $13,636 Sub Total Sub Section: SS20150 - Community Services - Capital $45,000 $13,636 $14,221 $27,857 G10100 $30,000 $0 $0 $0 Sub Total Sub Section: SS20190 - Maylands Waterland - Equipment $30,000 $0 $0 $0 G12100 G12200 G12300 $3,550 $5,995 $14,860 $3,237 $4,355 $9,800 $0 $0 $0 $3,237 $4,355 $9,800 $24,405 $17,391 $0 $17,391 Security Services - Asset Replacement Replacement and repair of fencing secur $32,000 $4,698 $4,698 $9,397 $32,000 $4,698 $4,698 $9,397 Noranda Netball Court Resurface $267,776 Skateparks - Wotton & Crimea Maintain & Repair $20,000 Upper Hillcrest Reserve, Deschamp Cricket Pitch Reserv & Net&Upgrades Pat O'hara Reserv$10,000 Playground Equipment Maintain & Repair $205,000 Playground Equipment Arbor Park/Browns Lake $65,000 $149,960 $3,036 $2,894 $173,645 $73 $20,810 $4,240 $5,588 $12,775 $65,000 $170,770 $7,276 $8,482 $186,420 $65,073 $567,776 $329,608 $108,413 $438,021 $10,880 $10,769 $15,000 $8,445 $9,182 $0 $0 $0 $0 $8,445 $9,182 $0 $36,649 $17,626 $0 $17,626 $0 $4,071 $0 $4,071 Sub Total $0 $4,071 $0 $4,071 Sub Total New Works $735,830 $387,031 $127,332 $514,364 Grand Total $848,161 $450,245 $129,929 $580,174 Community Sensory Garden Maylands Waterland Maylands Waterland Maylands Waterland Install new Defibrillator New automatic pool cleaner Install new park table settings Sub Total Asset Replacement/Improvement Sub Section: SS18015 - Ranger & Security Services G10000 Sub Total Sub Section: SS18020 - Recreation Development G10200 G10400 G10500 G10800 G35400 Sub Total Sub Section: SS18030 - Bayswater Waves - Furniture & Equipment G11600 G11700 G11800 Bayswater Waves Bayswater Waves Bayswater Waves Sauna refurbishment Pool Inflatable Security Camera System Sub Total Sub Section: SS20150 - Community Services - Capital G33700 HACC - Dishwasher Page 183 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 BUDGET 2010-2011 PLANNING & DEVELOPMENT SERVICES 244 28-Feb-11 8 % OF YEAR 66.85% % 2010/2011 Revised Budget YTD Actual Committed -7,560,000 -914,001 -651,500 -19,634 -394,820 -467,842 0 0 0 -19,634 -394,820 -467,842 0.26% 43.20% 71.81% -$9,125,501 -$882,297 $0 -$882,297 9.67% 262,600 290,500 450,200 499,080 710,771 157,273 10,290 75,000 1,275,085 1,017,263 243,698 177,284 330,005 211,782 370,077 152,955 5,880 12,555 698,535 597,939 35,570 20,618 12,341 30,319 0 0 0 0 32,273 4,197 279,268 197,902 342,346 242,101 370,077 152,955 5,880 12,555 730,808 602,136 106.35% 68.12% 76.04% 48.51% 52.07% 97.25% 57.15% 16.74% 57.31% 59.19% Expenditure Sub Total $4,748,062 $2,800,710 $135,319 $2,936,029 61.84% Total Planning & Development Services -4,377,439 1,918,413 135,319 2,053,732 Description Total_1 Operating Revenue SS11700 - Planning & Building Services SS13500 - Planning Department SS13600 - Building Department Revenue Sub Total Operating Expenditure 700 - Building Maintenance 750 - Special Building Mntce 800 - Cleaning Maintenance 900 - Preventative Maintenance 4123 - Electricity Charges 4125 - Water 4126 - Gas SS11700 - Planning & Building Services SS13500 - Planning Department SS13600 - Building Department Page 184 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 PLANNING & DEVELOPMENT SERVICES PLANNING & BUILDING ORDINARY INCOME (Excludes Capital Income) 1800000 1600000 1400000 1200000 Budget Straight Line 1000000 Progressive Actual 800000 600000 400000 200000 0 E J UN MAY IL A PR UAR CH MAR R FEB Y UAR J AN Y ER EMB D EC ER EM B NO V BER ST BER TEM O OCT SEP U AUG JULY OPERATING EXPENDITURE 5000000 4500000 4000000 Budget 3500000 Straight Line 3000000 Progressive Actual 2500000 2000000 1500000 1000000 500000 0 E JUN MAY IL APR CH MAR ARY Y R MBE R MBE R RUA FEB U JAN E DEC E NOV BER BER T EM O OCT SEP UST AUG JULY Page 185 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - PLANNING & BUILDING SERVICES AS AT 28 FEB 2011 CARRIED FORWARD WORKS REVISED BUDGET ACTUAL COMMITTED TOTAL Sub Section: SS19010 - Bayswater Waves Building Improvements C40200 F18600 Bayswater Waves - Major Improvements Upgrade showers – entire centre Bayswater Waves $12,702 $6,596 $12,702 $6,596 $0 $0 $12,702 $6,596 $19,298 $19,299 $0 $19,299 $0 $30,537 $207,000 Design & Documentation $30,000 $51,988 Upgrade external facade $50,000 New sign at front of building $2,000 New airconditioner $10,000 Repair damp in wall outside changerooms$2,000 Redirect drainage above $5,560 Airconditioner in office $7,773 Repair post $17,112 Upgrade Entry Statement $50,000 $29,557 $0 Floor - Grant $75,000 $0 $0 $0 $0 $52,456 $0 $0 $0 $0 $0 $0 $0 $9,750 $11,970 $0 $33,368 $0 $0 $0 $0 $11,757 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $64,213 $0 $0 $0 $0 $0 $0 $0 $9,750 $11,970 $0 $33,368 $568,527 $107,545 $11,757 $119,302 $96,721 $0 $46,182 $25,486 $20,000 $20,000 $15,898,026 $0 $283 $37,000 $24,514 $0 $0 $8,635,111 $0 $0 $0 $0 $0 $0 $5,288,591 $0 $283 $37,000 $24,514 $0 $0 $13,923,702 Sub Total $16,106,415 $8,696,908 $5,288,591 $13,985,498 Sub Total Cfwd Works $16,694,240 $8,823,751 $5,300,348 $14,124,099 Sub Total Sub Section: SS19020 - Building Construction/Upgrades D35900 D36400 E11100 E15700 E16000 F14500 F14600 F15600 F15900 F16000 F17300 F17400 F17600 F34400 F34600 F34800 Strutt Way Resv Claughton Reserve Reserve - Toilets Halliday Reserve upgrade Strutt Reserve Building Audit Halliday Park Bayswater Library Drill Hall Embleton Golf Course Embleton Golf Course Maylands Golf Course Maylands Golf Course Maylands Sport & Recreation Club Asbestos Management Plan Works Depot - Air Conditioning Units Bayswater SES Clubroom Upgrade Sub Total Sub Section: SS19030 - Major Capital Works C32300 C32400 D12600 F13900 F32800 F32900 Z10000 Henley Brook - Consulting Maylands Town Centre Upgrade Town Planning Schemes Bayswater/Maylands Town Centres Beechboro Rd Drake st Walter Rd/Grand Prom Maylands Multipurpose Centre Heritage Trails Design Investigate Page 186 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - PLANNING & BUILDING SERVICES AS AT 28 FEB 2011 REVISED BUDGET ACTUAL COMMITTED TOTAL New Asset Sub Section: SS19010 - Bayswater Waves Building Improvements G17400 Bayswater Waves Installation of automatic doors to gym entrance $6,800 $6,800 $0 $6,800 $0 $1,075 $0 $0 $35,000 $0 $2,761 $1,631 $0 $0 $0 $5,000 $32,773 $0 $0 $0 $0 $0 $6,250 $887,554 $40,467 $44,023 Replacement of carpets to upper level of $18,000 gym Installation of new lap time clock $1,500 Gym Floor $20,000 $0 $0 $16,309 $0 $2,400 $0 $39,500 $16,309 $2,400 96 Slade Street Upgrade kitchen facility $17,000 Bayswater Bowling Club Replace carpets $20,000 Bayswater Bowling Club Kitchen upgrade $7,000 Bayswater Petanque Club Replace two (2) cracked kitchen bench tops $6,500 Carramar Community Centre Kitchen upgrade $10,000 Depot Communication shed $25,000 Dog Pound Insulation of ceiling to kennel area $4,283 Halliday House Provide roller door to outbuilding and gutter $10,000 guard Hampton Park Kindergarten Replace ceiling $7,000 Maylands Autumn Centre Replacement of floor covering $35,000 Maylands Autumn Centre Internal painting of the Centre $15,000 96 Slade Street Provide new shelter to replace deteriorated$7,273 patio Tara Street Centre Replacement of existing dangerous shelter$9,812 Upper Hillcrest Replacement of external doors $10,000 Bayswater Senior Citizens Floor cover to store $4,500 Bayswater Senior Citizens Hairdresser equipment $2,500 Bedford Bowling Club Replace perimeter fencing $19,000 Bedford Bowling Club Upgrade power board and rewire buildings $80,000 Maylands Autumn Centre External paving $10,000 Les Hansman - Building Works $285,000 Morley Sport & Rec - Emergency Power Upgrade $17,000 Strutt Reserve - Demolition $15,311 Deschamp Resv - Noranda Cricket ClubPatio Extension $8,000 Robert Thompson Reserve - Toilet Upgrade $8,000 Shearn Park Disability Access Toilet Block $33,000 $614 $239 $10,306 $0 $0 $6,827 $4,283 $6,759 $0 $0 $0 $7,273 $6,927 $0 $2,914 $0 $20,456 $0 $1,688 $0 $0 $10,000 $11,760 $0 $3,384 $0 $0 $0 $0 $0 $15,440 $0 $0 $0 $0 $0 $0 $0 $3,945 $666,179 $93,431 $41,630 $25,000 $53,524 $200,000 $0 $0 $0 $0 $0 $0 Sub Total $278,524 $0 $0 $0 $0 $0 $0 $0 Sub Total New Works $1,878,557 $157,007 $88,053 $245,060 Grand Total $18,572,797 $8,980,758 $5,388,401 $14,369,159 Sub Total $6,800 Sub Section: SS19020 - Building Construction/Upgrades G16100 Bayswater Senior Citizens Dishwasher $2,000 Airconditioningto kitchen $6,000 G16200 Bayswater Bowling Club G16300 Drill Hall Installation of reverse cycle air conditioning $32,773 Installation of reverse cycle air conditioning $30,000 G16400 Filipino Club G16500 Maylands Multipurpose Centre Construction and fitout of new facility $0 G16600 Sensis Building Fitout $800,000 G16700 Robert Street Out of School Care Provide water fountain and children's hardstand $1,631play area G34700 Lightning Park - Pavilion Blinds $8,000 G34800 Morley Sporting Club - Heating RA Cooke Resv $7,150 Sub Total $6,800 $0 $6,800 $1,075 $5,000 $32,773 $35,000 $0 $2,761 $1,631 $0 $6,250 $0 $84,490 Asset Replacement/Improvement Sub Section: SS19010 - Bayswater Waves Building Improvements G17000 G17100 G17300 Bayswater Waves Bayswater Waves Bayswater Waves Sub Total $0 $2,400 $16,309 $0 $18,709 Sub Section: SS19020 - Building Construction/Upgrades G14000 G14100 G14200 G14300 G14400 G14500 G14600 G14700 G14800 G14900 G15000 G15200 G15300 G15400 G15500 G15600 G15700 G15800 G15900 G33400 G33500 G33800 G34900 G35000 G35500 Sub Total Sub Section: SS19030 - Major Capital Works G13500 Bayswater Town Centre Heritage Trail G13700 Aviation Park G13800 Albion Page 187 $1,684 $0 $7,680 $2,556 $10,325 $0 $0 $0 $0 $0 $614 $239 $10,306 $0 $0 $22,267 $4,283 $6,759 $0 $0 $0 $7,273 $6,927 $3,945 $2,914 $1,684 $20,456 $7,680 $4,244 $10,325 $0 $10,000 $11,760 $0 $3,384 $0 $135,061 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 DIVISIONAL BUDGET 2010-2011 TECHNICAL SERVICES 8 28-Feb-11 Budget 2008/2009 % OF YEAR 244 Actual Committed -12,600 -247,517 -50,600 -20,000 -80,248 0 0 -2,000 -2,069,235 -7,082,480 -506,200 -394,744 -1,591 -29,506 0 -40,524 -3,924 -57,597 -18,229 -13,472 -6,750 -1,222,383 -7,639,428 -337,969 -422,899 -265 0 0 0 0 0 0 0 0 0 0 0 0 0 -29,506 0 -40,524 -3,924 -57,597 -18,229 -13,472 -6,750 -1,222,383 -7,639,428 -337,969 -422,899 -265 337.50% 59.07% 107.86% 66.77% 107.13% 16.68% SUB TOTAL -$10,467,215 Expenditure 100 General Maintenance 3,077,914 300 Median Maintenance 508,285 400 Grounds Maintenance 4,866,106 540 Verges 260,400 560 Roundabouts 170,797 570 Entry Statements 8,160 SS11610 TennisCourt/Wicket 11,050 SS11905 Health - Other 110,300 SS11906 Sustainable Environment Services 601,510 SS11910 BVES 48,400 SS11911 Mat&Infant Hlth Ctres 4,000 SS11915 Prevent SVC. Immunisation 84,428 SS11916 Prevent SVC. Administration 802,727 SS12000 Public Works -17,320 SS12001 Plant Operation 17,320 SS12100 Tech Serv Administration 663,385 SS12101 Depot 135,475 SS12110 Other Technical Services 50,000 SS13200 Sanitation - Domestic 6,955,250 SS13205 Recycling 504,700 SS13206 Sanitation - Commercial 378,214 SS13207 Litter Control 340,121 SS13208 Environmental Maintenance 36,500 SS13900 GIS 361,374 Maintenance Costs -$9,792,945 $0 -$9,792,945 93.56% 2,048,638 222,746 3,634,090 65,036 62,795 8,213 -865 105,432 350,944 33,932 2,339 38,431 490,627 -44,004 -11,806 424,265 106,112 45,206 4,723,725 332,584 251,572 313,715 8,956 237,003 156,346 3,051 88,676 250 6,941 0 756 26,390 43,059 0 0 2,064 683 19,055 15,588 4,061 9,953 12,075 0 0 0 1,364 2,960 490 2,204,983 225,796 3,722,766 65,286 69,736 8,213 -109 131,822 394,004 33,932 2,339 40,495 491,310 -24,950 3,782 428,326 116,065 57,281 4,723,725 332,584 251,572 315,078 11,916 237,493 71.64% 44.42% 76.50% 25.07% 40.83% 100.65% -0.99% 119.51% 65.50% 70.11% 58.48% 47.96% 61.21% 144.05% 21.83% 64.57% 85.67% 114.56% 67.92% 65.90% 66.52% 92.64% 32.65% 65.72% $393,759 $13,843,445 69.29% $393,759 42.58% Description Total 66.85% % Income SS11905 SS11906 SS11910 SS11915 SS11916 SS12000 SS12001 SS12100 SS12110 SS13200 SS13205 SS13206 SS13900 Health - Other Sustainable Environment Services BVES Prevent SVC. Immunisation Prevent SVC. Administration Public Works Plant Operation Tech Serv Administration Other Technical Services Sanitation - Domestic Recycling Sanitation - Commercial GIS SUB TOTAL TOTAL TECHNICAL SERVICES $19,979,096 $13,449,686 $9,511,881 $3,656,741 Page 188 $4,050,501 234.17% 0.00% 80.09% 19.62% 71.77% ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 TECHNICAL SERVICES OPERATING EXPENDITURE 25000000 20000000 Budget 15000000 Progressive Actual Straight Line 10000000 5000000 0 JUNE IL MAY APR RUA CH MAR FEB RY ER ER Y EMB EMB ER BER UAR J AN DEC NOV O OCT EMB UST SEPT AUG JULY Page 189 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL CARRIED FORWARD WORKS Sub Section: SS20000 - Arterial Road Construction F18900 F19000 F20100 Walter Rd to Morley Drive Wellington Rd Resurfacing Crimea Street Morley Dve to Wonga Sub Total 323,456 100,000 0 5,403 12,373 10,965 0 25,283 0 5,403 37,656 10,965 $423,456 $28,740 $25,283 $54,023 94,129 6,429 2 15,000 0 1,584 2,938 16,831 90,968 1,846 0 0 33 945 2,982 0 1,364 0 0 0 0 572 0 18,501 92,332 1,846 0 0 33 1,518 2,982 18,501 $136,913 $96,774 $20,437 $117,211 15,754 21,474 10,000 16,000 200,626 600 425 0 0 129,710 0 0 0 0 58,300 600 425 0 0 188,010 $263,854 $130,735 $58,300 $189,035 12,296 43,815 20,293 42,792 93,132 31,297 49,587 60,000 53,329 10,000 130,000 0 0 5,317 4,364 0 19,074 0 0 915 0 0 0 0 0 0 0 2,750 0 0 0 0 0 0 0 5,317 4,364 0 21,824 0 0 915 0 0 $546,541 $29,670 $2,750 $32,420 15,000 78,777 30,000 10,000 200,000 0 48,000 8,754 0 18,742 1,491 34,443 0 28,549 9,665 0 2,335 0 632 0 0 18,419 0 21,077 1,491 35,075 0 28,549 $381,777 $91,978 $12,632 $104,610 75,571 3,667 13,167 17,248 0 2,864 10,455 5,000 5,940 0 13,167 23,252 120 1,800 0 0 21,447 0 0 0 0 1,063 0 1,721 27,387 0 13,167 23,252 120 2,863 0 1,721 $127,972 $44,279 $24,231 $68,510 Sub Section: SS20030 - Base Grant Road Reconstruction D20900 D21000 E19200 E19300 F20600 F20800 F21000 F21400 Kirkham Hill Tce East st to Peninsula Peninsular Rd Guildford to 6th Coode St (Extra Funds) Thomas St ROW Lighting Johnsmith St (Crimea To Broun) Stone St (Kelvin to McGann) McGann St (Queen to Stone ) Roberts St (Guildford To Neville) Sub Total Sub Section: SS20060 - Parks Development C78900 C92800 E22500 E22600 F29000 Parks Development-Gobba Lake 05/06 Maylands Foreshore Aviation Park Kelvin,Swanview Lookout Maylands Bowling Club Irrigation Upgrade Sub Total Sub Section: SS20070 - Environmental Development C78100 D31400 D31700 D36600 E23800 E24000 E25400 E33800 F30800 F30900 F31000 Parks Development-Foreshore Restoration Lightning Swamp Tranby Chisolm College Drainage Bayswater Brook Water quality improvement Eric Singleton Bird Sanctuary Swan Lake Restoration Project Lighting Swamp - Boardwalk Swan Lake restoration Lightning Park Concept Plan Solar Cities Solar Panels Sub Total Sub Section: SS20080 - Traffic Management D31100 D31300 D35700 F30500 F30600 F33400 F34700 Kirkham Hill Tce/Elizabeth Russell/Catherine R/B Kirkham Hill Tce/Watson Place Traffic Management Roadwise Traffic Management Slade STREET Salisbury Street Anti Hoon Speed Humps Sub Total Sub Section: SS20110 - Other Technical Services Capital C91200 D12900 E23700 E24600 E32100 F31900 F32400 F34200 Claughton Reserve Jetty/Car Park Administration Centre Pond Entry Statements Depot Storage - Asphalt Crossovers Sundry Works WAAMI Programme Bore Installation - Lightning Park Sub Total Page 190 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL CARRIED FORWARD WORKS Sub Section: SS20120 - Works Bfwd Technical Services Grants C59500 Claughton Res-Access Rd 05/06 Sub Total 25,999 4,238 0 4,238 $25,999 $4,238 $0 $4,238 100,300 87,295 0 0 0 0 0 0 $187,595 $0 $0 $0 Sub Section: SS20130 - Works Bfwd Other Technical Services C92400 C92500 Riverside Gardens Jetty - 05/06 Transby House Jetty - 05/06 Sub Total Sub Section: SS20135 - Golf Course Development - Embleton D33400 Replacement Green Keepers Shed 169,586 1,654 1,136 2,790 $169,586 $1,654 $1,136 $2,790 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 67,070 5,982 847 6,829 Sub Total $67,070 $5,982 $847 $6,829 Sub Total Cfwd Works $2,330,763 $433,591 $145,616 $579,208 Sub Total Sub Section: SS20165 - Golf Course Development - Maylands Peninsula D34100 D34200 D34300 F32300 Lift Bottom Tier 5 th Green Fence Storage Compound Survey Boundry Reticulation Upgrade Golf Course Development Sub Total Sub Section: SS20170 - Public Open Space - Tech Services C17800 POS Gobba Lake Page 191 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL New Asset Sub Section: SS20050 - Footpath/Slab Replacement Programme G23000 G23100 G23200 Illingbridge-Spruce To Emberson-New Path Disabled Gummery/Clement Sts-New Path- Disabled Disability Acess Morley Sub Total 0 55,745 20,255 0 0 3,967 0 0 0 0 0 3,967 $76,000 $3,967 $0 $3,967 97,000 45,000 88,622 15,511 3,690 0 92,312 15,511 $142,000 $104,133 $3,690 $107,823 4,000 3,400 0 3,400 $4,000 $3,400 $0 $3,400 80,000 69,218 19,322 88,540 $80,000 $69,218 $19,322 $88,540 10,000 5,000 0 0 0 0 0 0 $15,000 $0 $0 $0 20,000 10,000 0 9,926 21,048 0 21,048 9,926 $30,000 $9,926 $21,048 $30,974 Sub Section: SS20061 - Bore & Reticulation Development G23400 G23600 Waltham Reserve Beaufort Park Replace Irrigation System Replace Irrigation System Sub Total Sub Section: SS20070 - Environmental Development G25500 Solar Cities Maylands Multipurpose Centre Sub Total Sub Section: SS20110 - Other Technical Services Capital G32000 Street Lighting Sub Total Sub Section: SS20165 - Golf Course Development - Maylands Peninsula G34100 G34200 Signage Portable Toilet Facility Sub Total Sub Section: SS20200 - GIS Capital G33100 G33200 GPS Fleet devices programme Purchase of a Spatial Development Server Sub Total Page 192 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL Asset Replacement/Improvement Sub Section: SS20000 - Arterial Road Construction G18200 G18300 King William Road - Whatley Resurfacing to Nanhob Beechboro Rd Sth - Coode Resurfacing To Railway 60,000 47,000 0 44,684 0 0 0 44,684 Sub Total $107,000 $44,684 $0 $44,684 200,000 0 0 0 Sub Total $200,000 $0 $0 $0 1,921 64,854 86,034 1,921 19,504 0 3,843 84,359 86,034 $1,920,000 $152,809 $21,426 $174,235 100,298 250,209 8,694 180,055 0 19,648 8,694 199,703 $350,507 $188,749 $19,648 $208,397 34,800 29,000 21,750 10,150 24,650 9,450 55,100 98,000 56,000 56,550 10,580 68,000 15,120 15,950 17,690 4,200 15,220 2,320 10,000 36,400 8,260 8,120 12,900 13,500 5,220 5,510 27,700 0 0 0 0 22,947 8,806 46,871 0 0 0 0 45,569 23,342 8,153 13,834 0 9,587 3,548 13,036 26,463 8,096 7,634 9,519 10,243 6,236 5,545 17,040 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,994 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22,947 8,806 46,871 0 0 0 0 45,569 23,342 8,153 13,834 0 13,580 3,548 13,036 26,463 8,096 7,634 9,519 10,243 6,236 5,545 17,040 Sub Total $672,140 50,824 11,970 42,191 $286,467 48,038 10,972 0 $3,994 0 0 0 $290,461 48,038 10,972 0 Sub Total $104,985 $59,010 $0 $59,010 Sub Section: SS20010 - Black Spot G18400 Walter Wellington Right Turn Arrow Sub Section: SS20015 - Other Road Construction G18000 G21800 G21900 Wellington Road Duplication Coventry Development 50% Council 1,750,000 Contribution Stuart/Alma/Crawford/York Upgrading no 82 ROWs 80,000 Stuart/Alma/Crawford/Railwayno Upgrading83ROWs 90,000 Sub Total Sub Section: SS20020 - Other Road Grants G18100 G35600 King William Road - Whatley Resurfacing to Nanhob Grand Prom - Beaufort to Resurfacing Railway Sub Total Sub Section: SS20030 - Base Grant Road Reconstruction G18500 G18600 G18700 G18800 G18900 G19000 G19100 G19200 G19300 G19400 G19500 G19600 G19700 G19800 G19900 G20000 G20100 G20200 G20300 G20400 G20600 G20700 G20800 G20900 G21000 G21100 G33600 Adelphi St (Shaftesbury to Hester) Hester (Adelphi to Coode) Haddril St (Hester to Coode) Lawrence St ( Belham to Patterson) Mirador Pl Bunya Rd- COS Roberts St (Whatley to Almondbury) Smith (Light to Wellington) 50% Contribution to City of Stirling Central Ave (Peninsula to Elizabeth) Ferguson St (Whatley to Guildford) Second Ave (Whatley to Guildford) Bunya Rd (Widgee to Bramwell) 50% Cont to City of Stirling Clavering Rd (Durham to Railway)* Tuart Pl (Bottlebrush to Cul-de-sac) Peppermint Pl (Bottlebrush to Cul-de-sac) Marri Ct Rivergum Pl Myrtle Ct Hinsley Pl Grose Wy Donahue Cl Hadley Pl Keane Ct Mcness Ct Key Pl Bower Pl Gullan Close G21600 G21700 G40100 Hollister Wy Gough Pl Reo - Cullen to Mooney Page 193 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL Sub Section: SS20050 - Footpath/Slab Replacement Programme G22000 G22100 G22200 G22400 G22500 G22600 G22700 G22800 G22900 Bayview Catherine Street Kelvin Street Seventh Veitch View Street Maylands Yacht Club Sixth Ave Hubert Drake Street Roseberry to Salisbury 15,372 13,048 9,072 403 8,344 18,820 10,000 15,000 5,000 0 7,607 0 0 6,597 14,283 5,377 12,431 2,671 0 0 0 0 0 0 0 2,466 0 0 7,607 0 0 6,597 14,283 5,377 14,898 2,671 $95,059 $48,966 $2,466 $51,432 30,000 20,000 10,000 13,100 43,000 20,000 25,039 0 0 0 0 0 2,750 0 0 0 0 0 27,789 0 0 0 0 0 $136,100 $25,039 $2,750 $27,789 Bore Cubicle Replacement Replace Program redundant/dangerous bore cubicles 55,000 34,600 Bore Pump Inspection Program Inspect bore pumps to ensure continued80,000 functions 54,862 Turbine Replacement Program Kirkpatrick Reserve, Crowhurst Reserve, 225,000 Battersea Reserve an 175,141 8,007 1,408 17,274 42,608 56,270 192,414 Kerbline at Seventh Avenue Crossover at 3 Veitch Street Fourth to Central Penninsular No 8 Sub Total Sub Section: SS20060 - Parks Development G24300 G24400 G24600 G24700 G24800 G24900 Install Park Shelters - Several Locations Pat O'Hara Reserve Reserve and car park upgrade Strutt Reserve Garden improvements Coode Street Streetscape Hollett Reserve Rose Avenue Park Community Park Development Sub Total Sub Section: SS20061 - Bore & Reticulation Development G24000 G24100 G24200 Sub Total $360,000 $264,603 $26,689 $291,292 50,000 178,714 84,000 20,000 17,675 20,222 0 9,220 0 23,778 0 0 17,675 44,000 0 9,220 $332,714 $47,117 $23,778 $70,895 20,000 20,000 100,000 100,000 11,344 15,642 1,601 19,067 909 0 579 0 12,254 15,642 2,179 19,067 Sub Total $240,000 $47,654 $1,488 $49,142 Entry Statements PAW Gates and various reserve lighting Street Sign Upgrade Bus Shelters Sundry Works Crossovers Golf Course Development WAAMI Programme Replace Lighting at Clarkson Reseve Carpark Della Rd - Gate,Bollards,Signage Della Rd Bayswater Bowling ClubRepair Greens 20,000 8,000 40,000 72,000 20,000 420,000 14,234 15,000 40,000 15,000 28,000 14,046 288 35,116 35 7,512 249,186 4,250 0 0 0 25,455 4,201 0 482 49,075 0 42,460 0 0 0 13,550 0 18,247 288 35,598 49,110 7,512 291,647 4,250 0 0 13,550 25,455 Sub Total $692,234 $335,888 $109,769 $445,657 Sub Section: SS20070 - Environmental Development G25300 G25400 G34400 G34600 Baigup Wetland Rehabilitation Project Bath Street Foreshore Stabilisation Swan River Trust - Bath St Jetty River W Lake Bugana Aerator/Fountain Sub Total Sub Section: SS20080 - Traffic Management G25000 G25100 G25200 G34500 Traffic Management General TMP Paving Traffic Management Study Roseberry/Salisbury Street Parking Modifications Sub Section: SS20110 - Other Technical Services Capital G23700 G25600 G25800 G31800 G31900 G32100 G32300 G32400 G32500 G35100 G35200 Page 194 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - TECHNICAL SERVICES AS AT 28 FEB 11 REVISED BUDGET ACTUAL COMMITTED TOTAL Sub Section: SS20135 - Golf Course Development - Embleton G35300 Embleton Golf Course Netting 55,000 0 0 0 $55,000 $0 $0 $0 5,850 0 0 0 5,850 0 $34,000 $5,850 $0 $5,850 1,814,500 1,089,928 247,108 1,337,036 $1,814,500 $1,089,928 $247,108 $1,337,036 Lift Bottom Tier 5 th Green & possible Fairway Removal of Typha from Lake on 5th Facility Replacement 40,000 15,000 5,000 0 0 0 3,549 0 0 3,549 0 0 Sub Total $60,000 $0 $3,549 $3,549 74,630 66,888 0 66,888 Sub Total $74,630 $66,888 $0 $66,888 Sub Total New Works $7,595,869 $2,854,297 $506,724 $3,361,021 Grand Total $9,926,632 $3,287,888 $663,300 $3,951,188 Sub Total Sub Section: SS20140 - Health Dept Capital G32600 G32800 Environmental Health Replace vaccine fridge and power backup 9,000 supply Environmental Health Noise Meter 25,000 Sub Total Sub Section: SS20160 - Plant & Equipment G33000 Plant Replacement Sub Total Sub Section: SS20165 - Golf Course Development - Maylands Peninsula G33900 G34000 G34300 Sub Section: SS20200 - GIS Capital G33300 Purchase Wide Format Printer Page 195 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FINANCIAL SERVICES 8 BUDGET 2010-2011 28-February-2011 244 % OF YEAR Committed TOTAL 66.85% Revised Budget Actual -700 -355,000 -25,059,778 -3,557,720 -308,000 -315,000 -18,100 -2,368,656 -234 -223,320 -25,067,580 -3,556,433 -162,990 -324,242 -13,205 -1,307,678 0 0 0 0 0 0 0 0 -$234 -$223,320 -$25,067,580 -$3,556,433 -$162,990 -$324,242 -$13,205 -$1,307,678 33.46% 62.91% 100.03% 99.96% 52.92% 102.93% 72.96% 55.21% -$31,982,954 -$30,655,683 $0 -$30,655,683 95.85% -$31,982,954 -$30,655,683 $0 -$30,655,683 95.85% 443,300 16,483 295,504 10,976 0 0 $295,504 $10,976 66.66% 66.59% $459,783 $306,480 $0 EDP - General 160,191 EDP - Communication 6,500 EDP - Eastern Metro Regional Council 31,627 Galleria Morley Shop 132,822 Computer Services 866,878 Financial Services Administration 1,518,686 Rates 314,301 Stock Clearing Accounts 0 Suspense 0 Other Financial Services 258,217 Fire prevention 85,000 71,987 905 30,488 101,073 566,641 871,211 221,427 -1,503 -113,015 163,398 80,092 5,888 0 0 1,632 48,775 4,706 44,010 48.61% 13.92% 96.40% 77.33% 70.99% 57.68% 84.45% 0 90,445 0 $77,875 $905 $30,488 $102,705 $615,416 $875,917 $265,437 -$1,503 -$113,015 $253,843 $80,092 0 184,190 2,606 58,491 0 0 $2,606 $58,491 31.76% $3,558,412 $2,053,800 $195,456 $2,249,257 63.21% $4,018,195 $2,360,280 $195,456 $2,555,737 63.60% Description % Operating Income 235700 235600 235813 235912 236012 236100 236300 250000 Galleria Morley Shop Financial Services Administration Levy Minimums Interims Other Rates Morley Sport & Rec Centre Other Financial Services Total Revenue Operating Expenditure 235700 Insurance 250100 Workers Comp Premium 201201 201202 201101 235700 F11402 F11902 F14401 999700 999600 252400 201501 236200 AlmaVenville RecCtre 236300 Morley Sport & Rec Centre TOTAL EXPENDITURE Page 196 98.31% 94.23% ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 FINANCIAL SERVICES ALL INCOME 35000000 30000000 25000000 Budget Progressive Actual 20000000 15000000 10000000 5000000 0 E JUN MAY CH IL A PR MAR R RUA F EB Y UAR JAN Y ER EM B D EC R ER EM B NO V BER TEM O BE O CT SEP U ST AUG JULY OPERATING EXPENDITURE 4500000 4000000 3500000 Budget 3000000 Straight Line Progressive Actual 2500000 2000000 1500000 1000000 500000 0 E JUN MAY CH IL APR MAR R RUA FEB Y R MBE R MBE ER R Y UAR JAN E DEC E NOV B TEM O BE O CT SEP UST AUG JULY Page 197 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CAPITAL IMPROVEMENT PROGRAMME 2010-2011 - FINANCIAL SERVICES Carried Forward Works REVISED BUDGET ACTUAL COMMITTED TOTAL Sub Section: SS18010 - Computer Development E10300 F10300 COMPUTING COMPUTING $12,168.00 $29,474.00 $14,834.01 $31,544.81 $278.41 $0.00 $15,112.42 $31,544.81 Sub Total $41,642.00 $46,378.82 $278.41 $46,657.23 Sub Total Cfwd Works $41,642.00 $46,378.82 $278.41 $46,657.23 $8,000.00 $18,500.00 $30,000.00 $100,000.00 $8,210.63 $0.00 $13,465.17 $72,745.43 $0.00 $4,938.93 $8,000.00 $6,728.00 $8,210.63 $4,938.93 $21,465.17 $79,473.43 $156,500.00 $94,421.23 $19,666.93 $114,088.16 $18,000.00 $50,000.00 $18,500.00 $34,148.99 $16,747.58 $23,755.00 $0.00 $28,652.26 $0.00 $34,148.99 $45,399.84 $23,755.00 $86,500.00 $74,651.57 $28,652.26 $103,303.83 Morley Sports & Recreation Building - YMCA Improvements - Toilets Wellington $140,000.00 Room,Lower Courts $7,000.00 Morley Sports & Recreation Matting - YMCA Floors $20,000.00 $0.00 Morley Sports & Recreation Signage - YMCA $25,000.00 $0.00 $0.00 $0.00 $0.00 $7,000.00 $0.00 $0.00 Data works Licence Fees New Asset Sub Section: SS18010 - Computer Development G10304 G10305 G10306 G10307 Helpdesk Software High Speed Fibre Network - Olive Tree Ho City of Bayswater Intranet PC Replacement Sub Total Asset Replacement/Improvement Sub Section: SS18010 - Computer Development G10301 G10302 G10303 Update Network Infrastructure Minutes and Agenda Software Replace Aged Servers Sub Total Sub Section: SS30000 - YMCA Managed Rec Centres G12800 G12900 G13000 Sub Total $185,000.00 $7,000.00 $0.00 $7,000.00 Sub Total New Works $428,000.00 $176,072.80 $48,319.19 $224,391.99 Grand Total $469,642.00 $222,451.62 $48,597.60 $271,049.22 Page 198 ORDINARY COUNCIL MEETING MINUTES 12.2.2 29 MARCH 2011 Accounts Payable as at 22 March 2011 Attachments: Schedule of Accounts Submitted 22 March 2011 for Treasurer's Advance A/c Officer: Director of Finance Application To consider the schedule of accounts to be paid as at 22 March 2011. Background CERTIFICATE OF TREASURER SUMMARY OF SCHEDULE OF ACCOUNTS PAID FUND ELECTRONIC FUND TRANSFERS TREASURER’S ADVANCE ACCOUNT FUND, INCLUDING ELECTRONIC FUND PAYMENTS VOUCHER NO. AMOUNT CANCELLED CHEQUES FROM PREVIOUS MONTH $ 2,504,621.78 164617 - 165128 EF000175-196 $5,004,553.35 160076 160254 162740 163207 163649 164045 164136 164612 $21,775.44 which was submitted to each member of the Technical Services and Finance and Personnel Committee on 17 March 2011 has been checked and is fully supported by vouchers and invoices which are submitted herewith and which has been duly certified as to the receipt of goods and the rendition of services and as to prices, computations, and costings and the amounts shown are due for payment. TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 28 FEBRUARY 2011 TREASURER’S ADVANCE ACCOUNT FUND ________________________________ DIRECTOR OF FINANCE Page 199 $1,695,380 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 CERTIFICATE OF CHAIRPERSON SUMMARY OF SCHEDULE OF ACCOUNTS PAID FUND ELECTRONIC FUND TRANSFERS TREASURER’S ADVANCE ACCOUNT FUND, INCLUDING ELECTRONIC FUND PAYMENTS VOUCHER NO. AMOUNT CANCELLED CHEQUES FROM PREVIOUS MONTH $ 2,504,621.78 164617 - 165128 EF000175-196 $5,004,553.35 160076 160254 162740 163207 163649 164045 164136 164612 $21,775.44 which was submitted to each member of the Council on 17 March 2011 has been checked and is fully supported by vouchers and invoices which are submitted herewith and which has been duly certified as to the receipt of goods and the rendition of services and as to prices, computations, and costings and the amounts shown are due for payment. TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 28 FEBRUARY 2011 TREASURER’S ADVANCE ACCOUNT FUND $1,695,380 _____________________________________ CHAIRPERSON Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Schedule of Accounts be passed for payment. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 200 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 WESTPAC BANK ELECTRONIC FUND TRANSFERS TO WESTPAC ACCOUNTS 01 February 2011 Date to 28 February 2011 Amount Details MUNICIPAL FUND 01/02/2011 62,938.01 To Advance Account 02/02/2011 30,191.29 To Advance Account 03/02/2011 45,909.01 To Advance Account 04/02/2011 97,296.59 To Advance Account 07/02/2011 92,536.81 To Advance Account 08/02/2011 73,613.02 To Advance Account 09/02/2011 20,663.57 To Advance Account 10/02/2011 34,868.76 To Advance Account 11/02/2011 47,040.95 To Advance Account 14/02/2011 141,650.65 To Advance Account 15/02/2011 110,676.36 To Advance Account 16/02/2011 92,282.74 To Advance Account 17/02/2011 426,767.10 To Advance Account 18/02/2011 0.00 To Advance Account 21/02/2011 347,797.40 To Advance Account 22/02/2011 129,761.61 To Advance Account 23/02/2011 83,879.53 To Advance Account 24/02/2011 118,748.28 To Advance Account 25/02/2011 87,860.53 28/02/2011 356,100.56 $ 1,956,621.68 To At Call Account To Advance Account To Advance Account Total 09/02/2011 584,378.52 Wages 14/02/2011 139,485.00 ATO - PAYG 23/02/2011 548,000.10 Wages TREASURER'S ADVANCE ACCOUNT $ 548,000.10 Total TOTAL $ 2,504,621.78 Page 201 ORDINARY COUNCIL MEETING MINUTES 12.2.3 29 MARCH 2011 Investment Portfolio as at 28 February 2011 Officer: Director of Finance Application To present the investment portfolio as at 28 February 2011 for Council consideration. Background Comparison of Council’s investments with previous year: 28 February 2011 Average Rate % % $ Average Rate % % 28,526,721 5.78 91.49 33,368,519 4.89 91.18 3,415,721 $31,942,442 6.14 8.51 100.00% 3,230,571 5.26 8.82 $ General Trust Total 28 February 2010 $36,599,090 Council’s investments are currently placed with financial institutions as follows : Banks Westpac Bankwest ANZ Bank NAB Bendigo Bank Total Amount Invested $ 7,348,388 9,561,514 3,736,922 8,456,252 2,839,366 $31,942,442 Page 202 % Invested 23.01% 29.93% 11.70% 26.47% 8.89% 100.00% 100.00% ORDINARY COUNCIL MEETING MINUTES Page 203 29 MARCH 2011 ORDINARY COUNCIL MEETING MINUTES Page 204 29 MARCH 2011 ORDINARY COUNCIL MEETING MINUTES Page 205 29 MARCH 2011 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 INTE REST EARN INGS FOR Y EAR 2 010/ 2011 Date: 2 8-Feb-11 M ONTHLY PROGRES SI VE INTEREST E ARN INGS P ercentage of year elapsed : M onth Municipal Reserve T otal Progressi ve % of Budget Jul-10 59,187 19,745 78,932 7.64 Aug-10 114,089 38,890 152,979 14.80 Sep-10 231,523 56,490 288,013 27.87 Oct-10 317,439 74,757 392,196 37.95 N ov-10 407,864 92,769 500,633 48.45 D ec-10 518,599 110,397 628,996 60.87 Jan -1 1 608,643 129,032 737,675 71.39 F eb-11 695,496 145,050 840,546 81.34 M ar-11 Apr-11 May-11 Jun -1 1 FU LL YEAR BUD GET ESTIM AT ES Municipal BU DGET $ 708,374 Reserve $ 325,000 T otal $ 1,033,374 Policy Implications These investments have been apportioned as per the City’s Investment Policy, as follows : “(b) Counterparty credit framework (diversification) - the amount invested with any one *institution should not exceed the following percentages (restricted by the institution’s credit rating) so that single entity exposure is limited: * institution is defined as including wholly owned subsidiaries S&P Long-Term Rating S&P Short-Term Rating AAA AA A BBB+ A-1+ A-1 A-2 A-2 Direct Investment Maximum % 45% 35% 10% 10% Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the report on the investment portfolio as at 28 February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 206 ORDINARY COUNCIL MEETING MINUTES 12.2.4 29 MARCH 2011 Donation - 2011 LGMA Women in Local Government Conference Attachments: Sponsorship request letter Applicant: Local Government Manager’s Association Officer: Chief Executive Officer Refer: Item 12.2.4 : OCM : 23.2.10 Application To consider financial assistance to LGMA’s 2011 Women in Local Government Conference that is being held 2 - 3 June 2011 at Scarborough. Background Local Government Manager’s Association (LGMA) supports the continuing professional development of those within the sector. Following the success of the 2010 Year of Women in Local Government, it is intended to build on this, increase delegate numbers and develop programs that are both topical and engaging. The 2011 Conference has been specifically tailored for the professional development of women aspiring to be leaders in local government. It will also provide an excellent opportunity for delegates to develop relationships and network with colleagues in the industry. The event does not attract support from commercial sponsors, therefore local governments are being approached for specific support. Sponsorship will allow a reduction in registration costs, thereby increasing the attendance numbers for the benefit of all. Sponsorship is set as follows: o o $1,000 $500 Major sponsor Support sponsor The venue will be Rendezvous Hotel, Scarborough. Comment Council supported this initiative in 2010 by becoming a major sponsor of this conference. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. Page 207 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Committee/Officer Recommendation to Council That Council be a major event sponsor of the LGMA 2011 - Women in Local Government Conference which is being held 2 - 3 June 2011 at the Rendezvous Hotel, Scarborough, at a cost of $1,000. AMENDMENT CR ALAN RADFORD MOVED CR TERRY KENYON, JP SECONDED that the recommendation be amended from $1,000 to $500 for Council to be a Support Sponsor. CARRIED UNANIMOUSLY COUNCIL RESOLUTION CR ALAN RADFORD MOVED, CR TERRY KENYON, JP SECONDED that Council be a Support Sponsor of the LGMA 2011 - Women in Local Government Conference which is being held 2 - 3 June 2011 at the Rendezvous Hotel, Scarborough, at a cost of $500. CARRIED UNANIMOUSLY Page 208 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Technical Services and Finance & Personnel Committee: Item 2.1 was dealt with prior to this Item. 12.2.5 Donation – Alex Murphy – 2011 Australian Rowing Championships, Adelaide Applicant: Alex Murphy Officer: Director of Finance At the Technical Services and Finance & Personnel Committee Meeting: CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna declared an impartial interest in this item as he taught Alex Murphy. Cr McKenna remained in the room during voting on this item. CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna declared an impartial interest in this item as he taught Alex Murphy. Cr McKenna remained in the room during voting on this item. Application To consider an application for financial assistance that has been received from Alex Murphy who was selected to participate at the 2011 Australian Rowing Championships. Background Alex Murphy is 19 years of age, a resident of the City and works part-time. He has been rowing with the ANA Rowing Club for the past two years and is a member of its Elite Athlete Squad. Alex was selected to compete at the 2011 Australian Rowing Championships which were held in Adelaide from 7 to 13 March and won a Bronze medal in the U23 Lightweight Mens' Double Scull event. Costs to compete in the championships amounted to approximately $1500 and the applicant is seeking financial assistance towards these costs. Comment Alex Murphy has not sought financial assistance from Council in the past. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required Page 209 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that Council grants a donation of $200 to Alex Murphy, a resident of the City, towards the expenses he incurred in travelling to Adelaide as a member of ANA Rowing Club’s Elite Athlete Squad that competed at the 2011 National Rowing Championships which were held from 7 to 13 March. CARRIED UNANIMOUSLY Page 210 ORDINARY COUNCIL MEETING MINUTES 12.2.6 29 MARCH 2011 Donation – Australian Red Cross Applicant: Australian Red Cross Officer: Director of Finance Application To consider an application which has been received from Australian Red Cross for financial support towards its annual Red Cross Calling fundraising appeal. Background Australian Red Cross is planning its annual Red Cross Calling fundraising campaign to support its work in helping vulnerable people and responding to emergencies, wherever they may happen. All over Australia volunteers assist by doorknocking, holding a collection at work, running stalls, organising fundraising events and encouraging their family and friends to give. This month Red Cross members, schools and community groups across Australia will again be holding events and doorknocking. Comment In the past, Council has made the following donations to Australian Red Cross and Australian Red Cross Western Australia : October 1998 - $100 September 2001 - $1,048.42 - to the American tragedy. September 2002 - $100 - to the Australian Red Cross Tracing Service. January 2005 - $5,000 - towards the Tsunami appeal. February 2009 - $20,000 towards the Victorian Bushfire Appeal. August 2009 - $150 towards its ongoing fundraising campaign January 2010 - $5,000 towards the Haiti Earthquake Appeal August 2010 - $2,500 towards the Pakistan Floods Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. Page 211 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200.00 to Australian Red Cross towards its annual Red Cross Calling fundraising appeal in acknowledgement of the great work that the organisation carries out in the community. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 212 ORDINARY COUNCIL MEETING MINUTES 12.2.7 29 MARCH 2011 Donation - Bayswater Petanque Club – City of Bayswater Petanque Challenge Trophy Applicant: Bayswater Petanque Club Officer: Director of Finance Application To consider an application for financial assistance towards the 2011 City of Bayswater Petanque Challenge Trophy event which will be held on Sunday 15 May at Wotton Reserve, Embleton. Background The Bayswater Petanque Club Inc has requested financial assistance from Council towards staging the annual City of Bayswater Petanque Challenge Trophy event which this year will be held on Sunday 15 May. A mini petanque tournament will be held, followed by a barbeque lunch. The Club would be grateful for financial assistance towards the lunch expenses. The Mayor, Councillors and their partners have been invited to attend the event, along with their guests. Comment For the last ten years, Council has resolved to donate $400 towards this event. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that at Council grants a donation of $400 to the Bayswater Petanque Club towards the staging of its 2011 City of Bayswater Petanque Challenge Trophy event which will be held on Sunday 15 May at Wotton Reserve, Embleton. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 213 ORDINARY COUNCIL MEETING MINUTES 12.2.8 29 MARCH 2011 Donation - Dennis Lillee Sports Foundation for People with Disabilities Applicant: Dennis Lillee Sports Foundation for People with Disabilities Officer: Director of Finance Application To consider an application for financial assistance towards its current fundraising appeal that has been received from Dennis Lillee Sports Foundation for People with Disabilities. Background Dennis Lillee Sports Foundation for People with Disabilities, a not-for-profit charitable organisation, is seeking financial assistance from Council towards its current fundraising appeal. The Foundation supports sporting activities for children with disabilities. These children are either intellectually disabled, amputees, blind or deaf, and the Foundation gives them a chance to participate in events that other children may take for granted. It also has adaptive equipment demonstrations, expo’s, school activities and education sessions for teachers, parents and carers. Throughout the first term a variety of different modified carnivals will be run. All schools participating will get a chance to host the carnivals and all surrounding schools will attend. The carnivals give the children with all abilities the chance to participate in sport and encourage social interaction with their peers. They will include high support needs Aquatics, Boccia and Mini adaptive carnivals. 20 to 30 participants are expected to attend the "High Support Needs Carnivals" with 70 to 100 expected to attend the Boccia/Mini carnivals. The Foundation would like to raise $25,000 through its current fundraising appeal to provide children with disabilities across the state with a range of increased opportunities in their school holidays. Comment In May 2005, October 2008 and August 2009 Council donated $150 to the Foundation and in April 2010 $200 was donated. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. Page 214 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200 to Dennis Lillee Sports Foundation for People with Disabilities towards its current fundraising appeal” for West Australian children with disabilities having high support needs. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 215 ORDINARY COUNCIL MEETING MINUTES 12.2.9 29 MARCH 2011 Donation - Ion Uili - 2011 Junior Nationals Grid Iron Tournament, Narrabeen, NSW Applicant: Ion Uili Officer: Director of Finance Application To consider an application for financial assistance that has been received from Ion Uili who has been selected to participate at the 2011 Junior Nationals Grid Iron Tournament being held in Narrabeen, NSW. Background Ion Uili is 16 years of age, a resident of the City and works as a labourer for a recycling organisation. He has been selected to represent Western Australia in the 2011 Junior Nationals Squad which is competing at the Academy of Sport and Recreation in Narrabeen, NSW. The tournament will run from 16 to 24 April 2011. The approximate cost of Ion’s trip is $1,500 including tournament fee, flights and team merchandise and the applicant is seeking financial assistance from Council in this regard. Comment Ion Uili has not sought financial assistance from Council in the past. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200 to Ion Uili, a resident of the City, towards the expenses he will incur in travelling to Narrabeen, NSW to represent Western Australia at the 2011 Junior Nationals Grid Iron Tournament being held between 16 and 24 April. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 216 ORDINARY COUNCIL MEETING MINUTES 12.2.10 29 MARCH 2011 Donation – Jakob Ratnayeke – National Electric Wheelchair Sports Games Applicant: Jakob Ratnayeke Officer: Director of Finance Application To consider an application for financial assistance that has been received from Jakob Ratnayeke who has been selected to represent Western Australia in the 2011 National Electric Wheelchair Sports Games. Background Jakob Ratnayeke is 17 years of age, a resident of the City and is currently in year 12 at Shenton College in Shenton Park. Jakob was born with Duchenne Muscular Dystrophy which means he is unable to produce any new muscle. He has been selected to represent Western Australia in the 2011 National Electric Wheelchair Sports Games (NEWS) being held at Lake Narabeen, near Sydney, in April 2011. Jakob will compete in power wheelchair soccer, rugby and hockey. To compete in NEWS, all athletes must have a Neuromuscular condition and must use an electric wheelchair for mobility. The Western Electric Sporting Association Inc has a longterm commitment to helping people with disabilities as it acknowledges that competition and challenge are healthy and necessary aspects of life. The total cost for travel and accommodation at the New South Wales Academy of Sport is $2,300 for Jakob and a personal carer. The Association is busy fundraising with a lapathon and quiz night to contribute towards this cost and all State Team players are required to contribute an amount of $500. Jakob is seeking financial assistance from Council towards this amount. Comment Jakob Ratnayeke has not sought financial assistance from Council in the past. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. Page 217 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200 to Jakob Ratnayeke, a resident of the City, towards the expenses he will incur in travelling to Lake Narabeen, NSW to represent Western Australia in power wheelchair soccer, rugby and hockey at the National Electric Wheelchair Sports games being held in April 2011. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 218 ORDINARY COUNCIL MEETING MINUTES 12.2.11 29 MARCH 2011 Donation - Marissa Barbaro - 2011 Rotary Youth Leadership Awards (RYLA) International Seminar - Turkey Applicant: Marissa Barbaro Officer: Director of Finance Application To consider an application for financial assistance that has been received from Marissa Barbaro who has been selected to participate at the 2011 Rotary Youth Leadership Awards (RYLA) International Seminar being held in Turkey in April. Background Marissa Barbaro is 19 years of age, a resident of the City, and a student at the University of WA. She has been selected to attend the 2011 Rotary Youth Leadership Awards (RYLA) International Seminar which is to be held in Turkey from 21 to 25 April, concluding with the Gallipoli Dawn Service. The seminar is organised for young people endorsed by local Rotary Clubs, and Marissa has been nominated by the Morley Rotary Club. The aim of the seminar is to take lessons from history and permanently install meanings of peace, brotherhood and human rights in the minds of the younger generations. After having visited the Western Front (France and Belgium) in 2009, Marissa's interest in the World Wars and the ANZAC Legend became paramount. The sight of rows upon rows of graves brought home the effects of war. She now believes that it is her responsibility to pass on what she has seen and experienced to promote peace throughout the world. Upon returning from the Western Front she was invited to address a number of community groups including the Rotary, RSL, Lions and school groups. She was also asked to be the Keynote Speaker at the Bellevue RSL on Anzac Day and is therefore looking forward to attending the seminar in Turkey to gain knowledge and share her past experiences. Participants are required to pay for their own flights to Turkey as well as a fee to cover the costs of running the seminar. These amount to $2,300 and Marissa would be grateful for any assistance that the Council could give towards these costs. Comment In June 2007, Council granted a donation of $150 to Marissa when she competed with the International State Little Athletics Team at a competition held that month in Kuala Lumpur. Policy Implications Nil. Page 219 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200 to Marissa Barbaro, a resident of the City, towards the expenses she will incur in travelling to Turkey in April to attend the 2011 Rotary Youth Leadership Awards (RYLA) International Seminar, which will include participating in the Gallipoli Dawn Service. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 220 ORDINARY COUNCIL MEETING MINUTES 12.2.12 29 MARCH 2011 Donation – Ryan Dhue – Balcatta Soccer Club U16's Team - The Great Wall of China Cup, Beijing, China Applicant: Ryan Dhue Officer: Director of Finance Application To consider an application for financial assistance that has been received from Ryan Dhue who has been selected to play with the Balcatta Soccer Club's Under 16's team in The Great Wall of China Cup tournament being held in Beijing, China. Background Ryan Dhue is 15 years of age, a resident of the City, and attends Chisholm Catholic College. Balcatta Soccer Club is fielding an U16's and U18's team in the Great Wall of China Cup tournament being held in Beijing, China from 15 to 25 July 2011 and Ryan has been selected in the U16's team. The Club invited players from all over Western Australia to participate in the selection process which was advertised statewide in 'The West Australian' and through the State's governing body for soccer. The team was selected over a number of weekends by fullyqualified coaches and finals selection was based on skill, attitude, commitment and team spirit. The Balcatta Soccer Club will be representing Australia at the opening ceremony and its teams will play against international soccer teams from all over the world, and players will attend cultural events such as learning basic Chinese, Kung Fu, tour the Great Wall, Tiananmen Square and the Forbidden City. All of these elements combined will give the youth soccer team a great travel and soccer experience. Comment Ryan Dhue has not sought financial assistance from Council in the past. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required Page 221 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $200 to Ryan Dhue, a resident of the City, towards the expenses he will incur in travelling to Beijing, China as a member of the Balcatta Soccer Club's U16's team which will compete in the Great Wall of China Cup tournament being held from 15 – 25 July 2011. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 222 ORDINARY COUNCIL MEETING MINUTES 12.2.13 29 MARCH 2011 Donation – The International Association of Lions Clubs District 201W1 "Razzamatazz" Applicant: The International Association of Lions Clubs District 201W1 Officer: Director of Finance Application To consider an application for financial assistance to the International Association of Lions Clubs District 201W1 towards its annual "Razzamatazz" event. Background Lions Clubs District 201W1 (which represents the 32 Lions Clubs north of the river) annually hosts a live theatre event entitled "Razzamatazz" for the disadvantaged children of Perth. This year, at least four 90-minute shows will be held on Wednesday 11 May at the Perth Concert Hall. Five shows will be held if possible. Over 4,000 disadvantaged children from the local community, e.g. foster children, special needs children, Heart Kids and children from many other community support groups will attend the event, including approximately : • • 80 children from Durham Road Special School 20 children from Hillcrest Primary School. The Association is hoping to have young disabled adults who reside in group homes within the City of Bayswater attend. Lions Clubs District 201W1 has a special interest in helping children in Western Australia who are suffering from illness, and has had a longstanding involvement with Princess Margaret Hospital for Children, in particular King Edward Memorial Hospital Women's and Infant Research Foundation. Proceeds from the event will be donated towards : • • • • King Edward Memorial Hospital Women's and Infant Research Foundation The Lions Hearing Foundation The Lions Save Sight Foundation Various other associations. The organisation is selling five (5) tickets for $250, ten (10) tickets for $500 and fifteen (15) for $750. Comment In 2004 financial assistance of $250 was granted towards sending a group of autistic children from Hillcrest Primary School to the Film Festival. Page 223 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 In February 2005, December 2005, February 2007, May 2008, March 2009 and March 2010, $250 was donated towards sending a group of local disadvantaged children to the Annual Film Festival or "Razzamatazz" live theatre event, which it has become since 2007. Durham Road School has had a long-standing relationship with this organisation and has praised them for their involvement with the disadvantaged children at the school. Policy Implications Nil. Financial Implications The Donations allocation of $45,000 in the 2010/2011 Budget has a balance remaining of $5,552.60. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council grants a donation of $250 (including GST) to Lions Clubs District 201W1 towards its "Razzamatazz" event being conducted on Wednesday 11 May at the Perth Concert Hall for special needs, disabled and disadvantaged children of Western Australia. Beneficiaries of the proceeds will be Princess Margaret Hospital, in particular King Edward Memorial Hospital Women's and Infant Research Foundation, The Lions Hearing Foundation, The Lions Save Sight Foundation and various other associations. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION At the Technical Services and Finance & Personnel Committee Meeting: TECHNICAL SERVICES AND FINANCE & PERSONNEL COMMITTEE DECISION – EN BLOC CR MIKE ANDERTON, JP MOVED, CR SALLY PALMER SECONDED to en bloc the Committee/Officer Recommendation to Council of Items 1.6, 1.10, 2.2 to 2.4 and 2.6 to 3.2. CARRIED UNANIMOUSLY Page 224 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13 REPORTS OF MANAGEMENT/ADVISORY COMMITTEES 13.1 Security Watch Advisory Committee – 14 March 2011 13.1.1 Police Crime Statistics – February 2011 Officer: Police Officers Application To receive the Verbal Police report for the month of February 2011. Background Crime statistics for the City of Bayswater are presented to the Advisory Committee on a monthly basis. In addition, Officers in Charge of the Bayswater and Morley Police Stations provide a verbal report on crime trends within the West Metropolitan Police Districts. Comment Verbal reports on activities during the month of February 2011 in the following areas will be presented at the meeting: • Bayswater Police • Morley Police Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. Officer Recommendation The verbal Police reports by the Officers of the Bayswater and Morley Police stations for the month of February 2011 be received. Page 225 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Security Watch Advisory Committee Meeting: Committee Discussion Sgt. Pam Bayley provided a verbal report of fortnightly statistics, as noted below: Incidents – February 2011 (2 week period) Bayswater Burglaries 19 Stolen motor vehicles 2 Robberies Noranda Morley 2 8 14 It was agreed by the Committee that the Crime Statistics Report for the month of February 2011 would be submitted by Sgt Brayley and included in the Minutes of 14 March 2011. The Monthly Police Crime Statistics are note below: At the Security Watch Advisory Committee Meeting: Police Crime Statistics - February 2011 Residence Business Total Burglary and Commit Offence - Morley 24 9 33 Burglary and Commit Offence - Noranda 7 1 8 Burglary and Commit Offence - Bayswater 26 6 32 Burglary and Intent Offence - Morley 7 3 10 Burglary and Intent Offence - Noranda 4 3 7 Burglary and Intent Offence - Bayswater 5 3 8 Steal Motor Vehicle - Total Morley 5 Noranda 2 Bayswater 6 In recent months, the number of convictions has increased as a result of DNA testing from stolen motor vehicles. There has been an increase in anti-social behaviour surrounding the Bayswater Hotel specifically related to a large number of youths who congregate around the premises and at Halliday Park. Various options were discussed to reduce the anti-social behaviour in this area such as: • Utilising camera footage from the Bayswater Train Station • Installing CCTV cameras at Rose Avenue • Dedicated telephone contact with the Police Shift Supervisor • Extend lighting operation times at Halliday Park • Install lighting at the Gazebo area located at Halliday Park • Ongoing use of CCTV in mobile security vehicles. Page 226 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The Committee discussed the officer's recommendation and following the Committee's discussion regarding the anti-social behaviour at the Bayswater Hotel and Halliday Park, added several points as follows: 2. The Crime Statistics Report for the month of February 2011 be submitted by Police Officers and included in the Minutes of 14 March 2011. 3. The City write to the Department of Racing, Gaming and Liquor to advise of the current situation involving youth and alcohol at the Bayswater Hotel. 4. The City write to the Commissioner of the Western Australia Police to advise of the current situation involving youth and alcohol at the Bayswater Hotel and to seek additional local Police assistance during peak problem times. 5. Officers from the City of Bayswater and the Security Watch Advisory Committee, including local Police, conduct a Security Risk Audit at Halliday Park to identify the anti-social issues in the area. 6. A further report detailing the results of the Security Risk Audit Report to be submitted to a future Security Watch Advisory Committee meeting. Committee Recommendation to Council That: 1. The verbal Police reports by the Officers of the Bayswater and Morley Police stations for the month of February 2011 be received. 2. The Crime Statistics Report for the month of February 2011 be submitted by Police Officers and included in the Minutes of 14 March 2011. 3. The City write to the Department of Racing, Gaming and Liquor to advise of the current situation involving youth and alcohol at the Bayswater Hotel. 4. The City write to the Commissioner of the Western Australia Police to advise of the current situation involving youth and alcohol at the Bayswater Hotel and to seek additional local Police assistance during peak problem times. 5. Officers from the City of Bayswater and the Security Watch Advisory Committee, including local Police, conduct a Security Risk Audit at Halliday Park to identify the anti-social issues in the area. 6. A further report detailing the results of the Security Risk Audit Report to be submitted to a future Security Watch Advisory Committee meeting. AMENDMENT CR SALLY PALMER MOVED, CR TERRY KENYON, JP SECONDED an amendment to Points 3 and 4 of the recommendation to read that: 3. His Worship the Mayor, Cr Terry Kenyon, JP write to the Department of Racing, Gaming and Liquor to advise of the current situation involving youth and alcohol outside the Bayswater Hotel. 4. His Worship the Mayor, Cr Terry Kenyon, JP write to the Minister and Commissioner of the Western Australia Police to advise of the current situation involving youth and alcohol outside the Bayswater Hotel and to seek additional local Police assistance during peak problem times. CARRIED UNANIMOUSLY Page 227 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR SALLY PALMER MOVED, CR TERRY KENYON, JP SECONDED that: 1. The verbal Police reports by the Officers of the Bayswater and Morley Police stations for the month of February 2011 be received. 2. The Crime Statistics Report for the month of February 2011 be submitted by Police Officers and included in the Minutes of 14 March 2011. 3. His Worship the Mayor, Cr Terry Kenyon, JP write to the Department of Racing, Gaming and Liquor to advise of the current situation involving youth and alcohol outside the Bayswater Hotel. 4. His Worship the Mayor, Cr Terry Kenyon, JP write to the Minister and Commissioner of the Western Australia Police to advise of the current situation involving youth and alcohol outside the Bayswater Hotel and to seek additional local Police assistance during peak problem times. 5. Officers from the City of Bayswater and the Security Watch Advisory Committee, including local Police, conduct a Security Risk Audit at Halliday Park to identify the anti-social issues in the area. 6. A further report detailing the results of the Security Risk Audit Report to be submitted to a future Security Watch Advisory Committee meeting. CARRIED UNANIMOUSLY Page 228 ORDINARY COUNCIL MEETING MINUTES 13.1.2 29 MARCH 2011 Security Watch Status Report – February 2011 Attachment: 1. Security Watch Management Report – February 2011 Officer: Director Administration and Community Services Application To consider the status report on the Security Watch Services Statistics for the month of February 2011 and make recommendations to Council based on the information provided. Background Security Watch Services Statistics for the City of Bayswater are presented to the Advisory Committee on a monthly basis. Statistics are summarised from the official incident reports and presented as a graphical representation with any relevant information that explains variation to the expected outcomes. Staff register Action Requests against categories that were developed when the City of Bayswater Security Watch Services were introduced. Graffiti has been added to the report as it reflects the number of graffiti incidents reported by security officers. Comment Security Watch Action Requests City of Bayswater Security Watch dealt with 536 security related action requests throughout February 2011. In the current financial year to date the City of Bayswater Security Watch Service has dealt with a total 4916 Action Requests, an increase of 3222 for same period last year of these Action Requests 2589 were as a result of Graffiti reports to Technical Services. The Security Watch Management Report is (attached). Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. At the Security Watch Advisory Committee Meeting: Committee Discussion Rangers and Security Services attended a medical emergency at a Senior Citizens Centre. Officers viewed from outside the premises, that a resident had collapsed inside the home. Officers contacted ambulance services and the resident is recovering. Criminal Damage (Graffiti) is removed by the City of Bayswater from property within the City of Bayswater. Graffiti reports are 1% lower than the 5 year average for the month of February and represents a 32% reduction from the same period last year. The rolling five year average reduction in graffiti or criminal damage is 16%. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Security Watch Services Report for the month of February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 229 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR SALLY PALMER MOVED, CR TERRY KENYON, JP SECONDED that this item be moved to the end of the meeting and dealt with behind closed doors. CARRIED UNANIMOUSLY 13.1.3 City of Bayswater CCTV Report – February 2011 Attachment: 1. Confidential Attachment – CCTV Location Report Officer: Director Administration and Community Services CONFIDENTIAL ATTACHMENT Application To inform the Security Watch Advisory Committee of the current status of Closed Circuit Television (CCTV) installations within the City of Bayswater. Background Closed Circuit Television units have been installed within the City at various locations (refer to Confidential Attachment No. 1). A majority of the locations are relevant to City of Bayswater infrastructure where anti-social behaviour has been identified as an ongoing issue. Comment Bollard cameras as detailed in the CCTV Location Report have recently been damaged and destroyed by vandals. These cameras will not be replaced. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. At the Security Watch Advisory Committee Meeting: Committee Discussion Council had resolved not to replace bollard cameras once damaged. Alternative camera options to be determined on a case by case basis. The Committee discussed excessive rubbish in and around donation bins located within the City. It was suggested that additional rubbish receptacles be considered to help reduce the waste in these areas. CCTV equipment has been ordered for various Council buildings. A recent grant application for CCTV was not successful and therefore funding in the 2010/2011 budget was not considered by Council. A CCTV Strategy will be developed to support future grant applications. The City Officers continue to promote the Blue Iris Program to local businesses via the website, editorials and media. The option of permanent public cameras was discussed as an alternative to CCTV. Page 230 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Committee Recommendation That the City of Bayswater CCTV Report – February 2011 be received. Council Discussion The Council discussed the Security Watch Advisory Committee Minutes of 14 March 2011 and changed the Committee Discussion in relation to donation bins and amended the wording to refer to sourcing alternate solutions for the disposal of rubbish located around donation bins. COUNCIL RESOLUTION CR SALLY PALMER MOVED, CR MIKE ANDERTON, JP SECONDED that the City of Bayswater CCTV Report – February 2011 be received subject to the ‘Committee Discussion’ being amended to include alternate solutions to the disposal of rubbish where donation bins are located within the City. CARRIED UNANIMOUSLY Page 231 ORDINARY COUNCIL MEETING MINUTES 13.1.4 29 MARCH 2011 Graffiti Status Report – January 2011 Officer: Director Technical Services Application To receive the in-house Graffiti Programme report for January 2011. Background Council at its Ordinary Meeting of 26 August 2003 resolved that the Director of Technical Services be authorised to undertake the City’s graffiti removal programme utilising in-house resources. The in-house Graffiti Programme finally commenced at the beginning of October 2004 and a monthly report was presented to the Security Watch Committee detailing the reporting and removal of the graffiti. In consideration of the continual growth of the programme also incorporating political, social and educational components, as well as the importance of removing the graffiti vandalism at the earliest juncture, the Senior Management Group considered it appropriate that the Security Watch (reporting) element stay in that forum and the balance of the programme be transferred onto the Technical Services Agenda. It is also recommended that the minutes of this report then be included in the Security Watch Agenda as information only. The Graffiti Programme Status Monthly Report will include details on the following: 1. Monthly Graffiti Removal 2. Trends in Graffiti Vandalism Targets 3. Current Graffiti Issues. Comment Between 1 January and 31 January 2011, a period of approximately four weeks, 214 works requests for graffiti removal have been actioned. GRAFFITI Commercial Properties Removed (fences and shopfronts on boundary) Residential Properties Removed (fences) Public Utilities Removed (bus stops, power poles) Public Utilities Not Removed (inside fenced areas, path on Railway property - WAWA etc) City of Bayswater Removed (buildings, fences, street furniture, bus stops) TOTAL AUG 2010 SEPT 2010 OCT 2010 NOV 2010 DEC 2010 JAN 2011 69 69 36 62 46 48 57 61 51 67 58 37 107 96 71 134 74 27 0 0 0 0 0 0 142 96 136 135 111 102 375 322 294 398 289 214 Page 232 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Trends This month there has been a decrease in graffiti vandalism (26% on the previous month). Comparison of Graffiti Reports January (%) Commercial Properties Removed Residential Properties Removed Public Utilities Removed 22.4% 47.7% 17.3% 0.0% 12.6% Public Utilities Inaccessable City of Bayswater Removed City of Bayswater infrastructure (47.7%) and commercial properties (22.4%) have dominated the targets for graffiti vandals in the month of January, residential properties (17.3%) were next worst hit, followed by public utilities (12.6%) with no public utilities inaccessible. In January 2011, City of Bayswater staff cleaned graffiti off 27 public utility infrastructures which was a decrease (44 events) on the previous month. The breakdown was as follows: Main Roads WA Western Power Telstra TOTAL 12 14 1 27 Policy Implications Council’s Policy EG-P09 Graffiti Vandalism provides the direction for Council’s campaign against the graffiti vandals. It includes many strategies to contain the graffiti vandal’s activities from educational programmes to cleaning crews to providing a cash reward for information which leads to a successful prosecution. Page 233 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications The cost of the graffiti removal service in the past seven years and including this year to date is as follows: Budget Year 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 Budget $138,000 $100,000 $ 80,000 $103,000 $150,000 $160,000 $170,000 $160,000 Expenditure $ 138,000 $ 78,278 $ 99,307 $ 137,940 $ 165,723 $ 160,641 $ 169,827 $ 83,531 Percentage Spent 100% 78% 124% 134% 110% 100% 100% 52% There have been 2,243 incidents of removed graffiti in 2010/2011 and the expenditure correlates to $37.24 per incident of graffiti removal. The cost per incident has remained below $40. Voting Requirements Simple Majority Required. At the Security Watch Advisory Committee Meeting: Committee Discussion The Graffiti report indicates that the 5 year average has reduced by 16%, which is an excellent result. Positive public comments have been received by Cr Sylvan Albert regarding the City's graffiti response rate which is reflective of the City's commitment to reducing graffiti vandalism and the success of various anti graffiti strategies implemented by the Commissioner of the Western Australian Police. It was brought to the Committee's attention that a local publication had been distributed to residents of the City and that within this publication, the details for Rangers and Security was incorrect. The City of Bayswater is not responsible for this publication, however Officers will contact the publisher to advise the correct details for future publications. At 12:51pm Cr Terry Kenyon, JP withdrew from the meeting. At 12:54pm Cr Terry Kenyon, JP returned to the meeting. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that that the Graffiti Programme Status Report for the period 1 January to 31 January 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 234 ORDINARY COUNCIL MEETING MINUTES 13.1.5 29 MARCH 2011 Safety in our Suburbs Officer: Director of Administration and Community Services Application The City has recently participated in a documentary that was screened on Channel 9 titled Safety in our Suburbs. The component related to the City of Bayswater community security patrols was viewed by the Committee. The Committee agreed that the documentary was a positive and effective way to promote the City's Services. At the Security Watch Advisory Committee At 1:07pm Cr Terry Kenyon, JP withdrew from the meeting and did not return. Page 235 ORDINARY COUNCIL MEETING MINUTES 13.2 Local Emergency Management Committee - 14 March 2011 13.2.1 Emergency Management Exercise 2011 Update Officer: Emergency Management Project Officer Refer: Item 1.2 LEMC Meeting 06 December 2010 29 MARCH 2011 Application To update the Local Emergency Management Committee of progress towards the development of the 2011 City of Bayswater Emergency Management Exercise. Background The City of Bayswater has completed an organisation-wide Business Continuity Plan (BCP) specifically for pandemics. This involved the identification of essential functions and services that are required to continue during a pandemic and the development of action response plans for each Council department in the event of 50% staff loss. The final plan provides the stepby-step actions to be taken during a pandemic for each department’s critical functions/services. The City of Bayswater and the City of Stirling share the hosting of the annual emergency exercise on a yearly rotational basis for the West Metropolitan district. The City of Bayswater is due to host the next Emergency Management Exercise in May 2011. This year’s exercise will test the efficiency of the Business Continuity Plan (Pandemics) and will involve identifying any gaps or weaknesses in the plan. To develop the exercise, a working group consisting of the following members has been established: • Binh Luong, Senior Environmental Health Officer; • Sandra Sewell, Emergency Management Project Officer; • Mr Tony Green and LEMC Community representatives; • Mr Ash Smith, Bayswater State Emergency Services; • Beverley Bridgland, Manager Community Services; and • Bob Phipps, City of Stirling. Comment The Emergency Management Exercise Working Group will meet on a regular basis to develop the exercise. A desktop scenario that tests the BCP in a mock situation involving a pandemic will be finalised. The first meeting took place on Wednesday 9 February 2011.Various internal staff and external stakeholders will be invited to the exercise which is expected to be held in the Embleton Room at the Civic Centre on 31 May 2011. Policy Implications State Emergency Management Committee (SEMC) Policy No. 2.5 requires the Local Governments ensure that their arrangements are exercised annually. Exercises may be undertaken in conjunction with other emergency management agencies or the local government alone (Section 45). Page 236 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications There will be minimal costs associated with the exercise as it will be undertaken and developed “in-house”. Voting Requirements Simple Majority Required At the Local Emergency Management Advisory Committee Meeting: Committee Discussion Mr Tony Green commented that it was commendable that Mr Binh Luong was assisting the Emergency Management Project Officer with the planning for the Emergency Exercise. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that that the report titled 'Emergency Management Exercise 2011 Update' be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 237 ORDINARY COUNCIL MEETING MINUTES 13.2.2 29 MARCH 2011 Perth District Local Emergency Management Plan For The Provision Of Welfare Support Member: Mr Joanne Bennett Application To advise Council of a draft plan specific to the City of Bayswater for the Perth District Emergency Management Plan For The Provision Of Welfare Support. Background Ms Joanne Bennett a Local Emergency Management Committee (LEMC) who is employed by the Department of Child Protection, has previously worked on a Welfare Support Plan with assistance from former City of Bayswater Manager of Community Services Ms Carol Wainwright. The plan known as the Perth District Emergency Management Plan For The Provision Of Welfare Support is almost complete and the draft was presented to the Committee for comment. Comment The plan is specific to the City of Bayswater and is a complimentary plan to the City of Bayswater Local Emergency Management Arrangements. A meeting has been arranged with a small group of LEMC members to check the plan for terminology and editing before the final draft is submitted. It was suggested that names that are listed in the plans may be better listed as job titles. Job titles do not change however the people in those positions do change from time to time. It was also suggested that having a phone specific for those positions would provide continuity in the event that the welfare plan needs to be actioned. There was also a suggestion that facilities be listed in the plan for further places such as motels that may be used when a small number of people need evacuation, and do not require the use of a whole planned evacuation centre. For example, it would not be at all practical to cancel a booking for an aerobics class at the Morley Recreation Centre if the evacuation only involves a relatively small group of people. As there are no motels or caravan parks within the City of Bayswater it may be necessary to look at places that are close to our border such as Belmont and the City of Swan to provide emergency evacuation centres for small groups of people Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that that any amendments to the draft Perth District Local Emergency Management Plan For The Provision Of Welfare Support be forwarded to Ms Bennett by 30 April 2011. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 238 ORDINARY COUNCIL MEETING MINUTES 13.2.3 29 MARCH 2011 Secondary Emergency Power Supply to Council Buildings Officer: Emergency Management Project Officer Application To advise Council of the status of the secondary power supply to the City's buildings. Background A feasibility study was undertaken by the former Coordinator Environmental Health Mr Glenn Sargeson to provide electrical hard wiring to the Morley Recreation Centre so that a generator may be plugged in during a power failure in the event of an emergency. This would allow for the operation of air conditioning and refrigeration while the building is being used as an emergency evacuation centre. Comment An update was given to the Committee members by Emergency Management Project Officer Mrs Sandra Sewell regarding a secondary emergency power supply for the Morley Recreation Centre. It has been previously identified that it is necessary to have an evacuation centre both north and south of the Civic Centre that is hard wired to enable a generator to be plugged in. The City will not be purchasing a generator but instead has an agreement with a hire company to get a priority generator in the event of an emergency. Money has been allocated in the current budget for this purpose. It has been ascertained that electrical quotations still need to be done in order to complete this project. Electrical plans have been forwarded to the Manager of Building Services Mr Joe Gomboc who will arrange the quotations. The new Multi Purpose Centre in Maylands will also be wired this way during construction and as such will be able to use refrigeration and air conditioning should the City lose power during an emergency. This is of particular importance to vulnerable people such as the elderly and those in poor health. Discussion also took place regarding a secondary power source being made available for the Civic Centre. Planning for the Emergency Exercise has identified that a loss of power to the Civic Centre during an emergency would pose a significant issue. Financial Implications Nil. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED that the report titled ' Secondary Emergency Power Supply to Council Buildings' be received. CARRIED UNANIMOUSLY Page 239 ORDINARY COUNCIL MEETING MINUTES 13.3 Business Reference Group - 14 March 2011 13.3.1 Outstanding Business 29 MARCH 2011 Application To discuss any outstanding business. Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion Mr Greg DaRui from the Bayswater Village Retail Traders Association raised the following issues : • Issue: When will the Bayswater Town Centre Master Plan be done which will address some of the following issues : car parking; and streetscape? Response: This will be included in the Draft 2011/2012 Budget for Council consideration, the outcome of which will be known in early July 2011. • Issue: Provision of signs to direct shoppers to the carpark on Whatley Crescent. Response: This is currently being arranged and will be installed as soon as possible. • Issue: Lack of public toilets and parking. Response: This matter has been raised with the Public Transport Authority. The Mayor has also offered that he is more than happy for a representative from Bayswater Village Retail Traders Association to accompany him as a deputation to the next meeting he has with the Minister. • Issue: Traffic calming near the ramp on Whatley Crescent. Response: This was considered during the 2010/2011 budget deliberations and deferred for reconsideration in the 2011/2012 Budget deliberations. Issue: The provision of a footpath on a section of Whatley Crescent. Response: This was considered during the 2010/2011 budget deliberations however was not included due to funding restraints. It will be revised and reconsidered in the 2011/2012 Budget. • Page 240 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that that the report on outstanding business be noted. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 241 ORDINARY COUNCIL MEETING MINUTES 13.3.2 29 MARCH 2011 Deputation by Mr Steve Hunt, Chairperson, Autumn River Festival Officer: Director of Finance Application To provide the Committee with a status update on the Autumn River Festival. Background This year the event is in its 12th year. It attracts approximately 10,000 spectators who enjoy the free activities at Riverside Gardens. There will be some 80 stall holders from both commercial and community groups. The day is a fun-filled family event with live bands, face painting, Bouncy Castles and roving entertainment. Another attraction is the “Artist on the Walkpath” - an array of local artists who have sculptured art to fit into the surroundings. This year the event will be held on Sunday, 3 April 2011. Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion Mr Hunt presented to the group the history of the Autumn River Festival. He further described in detail the event, stressing that this is a community-based event. He encouraged business participation, even though the festival is only 3 weeks away and also requested that businesses consider getting involved in next year's event. An offer was made that if businesses were interested, their advertising material could be inserted in showbags to be handed out at the event. COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the deputation by Mr Steve Hunt be noted. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 242 ORDINARY COUNCIL MEETING MINUTES 13.3.3 29 MARCH 2011 Bayswater Village Retail Traders Association’s Report Attachments: Minutes of 14 December 2010 Meeting Officer: Director of Finance Application To present for discussion the report of the Bayswater Village Retail Traders Association. Background The Bayswater Village Retail Traders Association’s representative, Mr Greg DaRui, gave a brief overview of recent activities. Comment The Association’s last meeting was held on 14 December 2010 (refer Attachment 1). The issue of Lead On management of the event was also discussed. Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion Mr DaRui advised of the trader group's concerns at the level of Council funding towards the street festival, e.g. for the insurance, traffic management, advertising, etc. as well as expressing some doubt as to whether the Bayswater Village Retail Traders Association would hold another street festival. COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the report on the recent activities of the Bayswater Village Retail Traders Association be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 243 ORDINARY COUNCIL MEETING MINUTES 13.3.4 29 MARCH 2011 Maylands Business Group’s Report Officer: Director of Finance CR SYLVAN ALBERT DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Sylvan Albert declared an impartial interest in this item as he is the Chairman of the Maylands Business Association. Cr Albert withdrew from the meeting at 10:27pm. Application To present for discussion the report of the local Maylands Business Group. Background The Maylands Business Group’s representative, Mr Dominic Cuscuna, gave a brief overview of recent activities. Comment At the time of preparing the Agenda, the latest minutes of the Maylands Business Group were not available. Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion The issues of lack of parking and public toilets were raised. The Director of Finance advised that these matters had been raised with the Public Transport Authority. Mayor Kenyon also advised that he is more than happy for a representative from the Maylands Business Group to accompany him as a deputation to the next meeting he has with the Minister. COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR ALAN RADFORD MOVED, CR MIKE ANDERTON, JP SECONDED that the report on the recent activities of the Maylands Business Group be received. CARRIED UNANIMOUSLY At 10:28pm, Cr Albert returned to the meeting. Page 244 ORDINARY COUNCIL MEETING MINUTES 13.3.5 29 MARCH 2011 Morley Business Group’s Report Officer: Director of Finance Application To present for discussion the report of the Morley Business Group. Background The Morley Business Group’s representative, Mr Mark Whitehouse, gave a brief overview of recent activities. Comment At the time of preparing the Agenda, the latest minutes of the Morley Business Group were not available. Policy Implications Nil Financial Implications Nil Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion Issues raised were : • Mr Mark Whitehouse and the City's representative making contact with businesses in Morley • The Community Safety and Crime Prevention Plan in the context of City of Bayswater security patrols. It was advised that the City's representative will make arrangements to meet with Mr Whitehouse and start visiting Morley businesses. On the issue of the Community Safety and Crime Prevention Plan, this will be discussed at the Council Workshop in April. The issue of the business data base was also raised. It was advised that some six years ago, the City's Economic Development Officer partially completed a data base of businesses within the district. This was carried out by door-knocking. (This data base is still available although some of it could be out of date.) As this process was very time-consuming, a decision was made to purchase a Yellow Pages data base at a cost of $3,000 per annum which was more cost effective. This data base was maintained for some three years. Monitoring revealed that the data base only received on average one or two hits per week. A business decision was then made to discontinue this service on cost efficiency grounds. It should also be noted that Council maintains a rates data base. In the event of Council wishing to conduct a mail out, the practice is to either use its rates data base, the old existing data base, or an agency business data base. Page 245 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the report on the recent activities of the Morley Business Group be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 246 ORDINARY COUNCIL MEETING MINUTES 13.3.6 29 MARCH 2011 Industrial Business Group’s Report Attachments: Minutes of the Meeting of 18 November 2009 Officer: Director of Finance Application To present for discussion the report of the local Industrial Business Group. Background The Industrial Business Group’s representative, Mr Giuseppe Rechichi, gave a brief overview of recent activities. Comment The minutes submitted by the Group are dated 18 November 2009 (refer Attachment 1). No others were supplied by the Group. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion • Entry Statements in the Industrial Area It was advised that the budget for entry statements in 2009/2010 was $10,000 and that it was all spent on the major entry statement at the corner of King Street and Beechboro Road which comprised roadworks, verge work, signage and gardening works. This work was completed in February 2010. • Business Signage It was advised that an audit of all business signage was completed in August 2010 and reported to the Council in that month. The matter of the removal of old signage was considered in the 2010/2011 Budget however it was a low priority item and no funds were allocated for this project. • Lighting and Cameras in the Industrial Area Following on from the Manager Rangers and Security's presentation to the Trader Group in October 2010 on the proposed Community Safety and Crime Prevention Plan, he mentioned at the meeting that the plan would make it easier for the City to get grant funding. It should be noted that most grant funding normally requires a co-contribution towards a project from another party be this Council or the business community, or both. Page 247 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Business Reference Group Meeting: Group Discussion During the presentation it was requested that the business community provide input on the draft Community Safety and Crime Prevention Plan. To date there has been no response to this request. Further, the Community Safety and Crime Prevention Plan is scheduled to be considered at a Council workshop being held in April, the outcome of which will be taken to a full Council meeting for consideration. • Administrative support for the Industrial Group Comment was made that the industrial group has reduced from about ten members to two, mainly due to the lack of Council support. It should be noted that the purpose of the common interest group set up (in the case of the Industrial Group- the Industrial Group) was to foster closer ties to the businesses in the districts, in order to assist in the sharing of ideas, cross trading and to provide information to Council to enable an understanding of the issues in the relevant areas of the City. Council has also encouraged the groups to incorporate. As with all the groups, Council assistance initially was in the form of secretarial support and provision of a meeting place to enable the establishment of the group, then for the group to be fully self-supporting. The Industrial Group had been advised of this on many occasions. It is really up to your Committee to ensure the group works effectively. • Business Data Base Some six years ago, the City's Economic Development Officer partially completed a data base of businesses within the district. This was carried out by door-knocking. (This data base is still available although some of it could be out of date.) As this process was very time-consuming, a decision was made to purchase a Yellow Pages data base at a cost of $3,000 per annum which was more cost effective. This data base was maintained for some three years. Monitoring revealed that the data base only received on average one or two hits per week. A business decision was then made to discontinue this service on cost efficiency grounds. It should also be noted that Council maintains a rates data base. In the event of Council wishing to conduct a mail out, the practice is to either use its rates data base, the old existing data base, or an agency business data base. COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the report on recent activities of the Industrial Business Group be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 248 ORDINARY COUNCIL MEETING MINUTES 13.3.7 29 MARCH 2011 Central Eastern Business Association’s Report Officer: Director of Finance CR MIKE ANDERTON, JP DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Mike Anderton, JP declared an impartial interest in this item as he is a member of CEBA. Cr Anderton, JP remained in the room during voting on this item. CR GRAHAM PITTAWAY, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Graham Pittaway declared an impartial interest in this item as he a Life Member of the Morley Business Association now known as CEBA. Cr Pittaway remained in the room during voting on this item. Application To present for discussion the report of the Central Eastern Business Association. Background The Central Eastern Business Association’s representative, Mr Peter Gardner, gave a brief overview of recent activities. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. At the Business Reference Group Meeting: Group Discussion Mr Gardner advised that : 1. 2. this year is CEBA'S 40TH Anniversary; and the Small Business Awards will be held on Friday 29 July 2011. COUNCIL RESOLUTION (GROUP/OFFICER’S RECOMMENDATION) CR TERRY KENYON, JP MOVED, CR ALAN RADFORD SECONDED that the report on the recent activities of the Central Eastern Business Association be received. CARRIED UNANIMOUSLY Page 249 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13.4 Local Govt Community Housing Program (LGCHP) Tenants Committee – 16 March 2011 13.4.1 Outstanding Business Items Report Officer: Director of Administration and Community Services Application To present information from the Outstanding Business Items from the previous Local Government Community Housing Program (LGCHP) Management Committee meeting held on the 16 September 2010. Background Outstanding business items are presented to Council to ensure that all recommendations or discussions are completed. Any changes or upgrades for this joint venture program must be forwarded to the Department of Housing for ratification. Comment The current outstanding items are presented from the Local Government Community Housing Program (LGCHP) Management Committee meeting held on 16 September 2010, are as follows: 1. The Manager, Gardens and Landscaping has presented the following details to refurbish the front gardens as a water wise garden at the Francis Street, Bayswater complex: • Site preparation $ 6,650 • Project construction $ 6,350 • Total costs $13,000 2. The Officer liaised with the Department of Housing and the following information was requested: The garden information presented at this meeting and endorsed by Council will be presented to the Department of Housing for approval. A Financial Statement (providing Surplus amounts) must be included with this request for the 2011 – 2012 Community Housing Program budget. Policy Implications CS-PO5 Financial Implications Income (rent) received from the tenants’ is used to fund all costs for this program Voting Requirements Simple Majority Required. Page 250 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Officer's Recommendation That: 1. The information presented in the Outstanding Business Items Report be received. 2. The request to refurbish the front gardens at the Francis Street complex be forwarded to the Department of Housing for ratification. At the Local Govt Community Housing Program (LGCHP) Management Committee Meeting: Committee Discussion The Committee discussed the partnership arrangement with the Department of Housing and the requirement to ratify expenditure of surplus funds for the refurbishment of the gardens of six (6) units located at Francis Street, Bayswater. The Committee considered this item and changed the officer recommendation to include a third point to seek ratification from the Department of Housing for the refurbishment of the gardens of six (6) units located at Francis Street, Bayswater. 3. Upon ratification from the Department of Housing, Council consider the allocation of $13,000 from account number SS111115, Community Housing Program, for the refurbishment of the garden for six (6) units located at Francis Street, Bayswater. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. The information presented in the Outstanding Business Items Report be received. 2. The request to refurbish the front gardens at the Francis Street complex be forwarded to the Department of Housing for ratification. 3. Upon ratification from the Department of Housing, Council consider the allocation of $13,000 from account number SS111115, Community Housing Program, for the refurbishment of the garden for six (6) units located at Francis Street, Bayswater. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 251 ORDINARY COUNCIL MEETING MINUTES 13.4.2 29 MARCH 2011 Local Government Community Housing Program Status Report Attachments: No. 1 - File Notes from Building Services No. 2 - 2011 Building and General Maintenance Schedule No. 3 - Financial Statement (Confidential Attachment) Officer: Director of Administration and Community Services CONFIDENTIAL ATTACHMENT Application To provide a status report on the activities of the Community Housing Program (CHP) for the period September 2010 to February 2011. Background All areas of the Community Housing program have been brought to the attention of this Committee for discussion and recommendation. Comment 1 Tenancies 1.1 Income Assessment and Rent Reviews Income Assessment and Rent Reviews were completed in February 2011. The Australian Taxation Office Market Value Figures for a two bedroom unit is $440.63 per fortnight. This amount is 75% of the market rent and used in the Rent Setting Formula prepared by the Community Housing Coalition of WA (CHCWA) to meet the requirements of the Department of Housing Rent Setting Policy. Rent is calculated by using 25% of a tenant’s total income. Tenants have been informed of their new rent payments, reminded to update their direct debit payment amounts and to complete a new Commonwealth Rent Assistance Application Form at Centrelink. This review has been conducted for all the tenants at Francis and Haddrill Street units and the next Income Assessment and Rent Review will take place in February 2012 or when a tenant’s income changes. 1.2 Breaches There were no breaches during this period. 1.3 Termination of Tenancies There was one termination of Tenancy during this period. 1.4 Changes in occupation of properties There was one change in occupation of properties during this period. 1.5 Current Wait List and new applications There are four applicants on the wait list. Two applicants have been interviewed, assessed and placed on the wait list. Two applicants are being processed during March 2011. The Department of Housing and the Salvation Army will assist with providing contact details for new applicants when required. Page 252 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 1.6 Department of Housing Property Inspection Reports for November 2010 were completed by the Building Services Officer. A copy of the property inspections reports were sent to the Department of Housing on 15 November 2010. A copy of the Financial Report was completed by a Financial Services Officer and sent to the Department of Housing as part of the agreement for this Joint Venture Housing Program. 2. Property and Maintenance 2.1 Property inspections Property inspections were carried out in November 2010 by a Building Services Officer and the Senior Community Development Officer. 2.2 Tenant Maintenance requests Council staff action all maintenance requests from the tenants within a week and priority requests were completed within 24 hours. (Refer to Attachment No. 1). 2011 Annual maintenance schedule has been included (refer to Attachment No. 2) and will be completed as listed. • The gutters are cleaned and the removal of bore stains from the buildings is completed when necessary. 2.3 Garden maintenance A two year garden contract is in place with a local company from 1 November 2010 to 31 October 2012. Council procurement process was undertaken in completing this task. 3 Financial Status 3.1 Budget Report Expenses associated with the Community Housing Program relate to the running of the program and general maintenance works. All maintenance issues reported during this period have been completed. A Financial Statement of Operating Income and Expenditure has been completed by a Financial Services Officer (refer to Confidential Attachment No. 3). 3.2 Rental Arrears There are no rental arrears to report for this period. Most tenants have selected direct debit payments with Centrelink or their bank. Policy Implications CS-PO6. Financial Implications Rental income is used for the financial implications related to all costs for the Community Housing Program including gardening services and general maintenance requests received from the tenants. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Local Government Community Housing Program Status Report for September 2010 to February 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 253 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13.5 Golf Courses Management – 21 March 2011 13.5.1 Maylands Peninsula Golf Course Status Report Attachment: Maylands Peninsula Public Golf Course Report (Confidential) Officer: Director Administration and Community Services CONFIDENTIAL ATTACHMENT Application To provide the Management Committee with a status report for the Maylands Peninsula Public Golf Course. Background Maylands Peninsula Public Golf Course is managed on behalf of the City of Bayswater by Golf Oracle by Management Agreement for a five (5) year period from September 2010. Comment The Golf Course Manager, Mr Nigel Williams of Golf Oracle, has prepared a confidential report (Refer to Attachment No. 1) detailing the Golf Courses financial performance and a status report on some of the Capital works undertaken and works proposed by Golf Oracle. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the status report for Maylands Peninsula Public Golf Course to the Golf Course Management Committee 21 March 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 254 ORDINARY COUNCIL MEETING MINUTES 13.5.2 29 MARCH 2011 Embleton Public Golf Course Status Report Attachments: Embleton Public Golf Course Report (Confidential) Officer: Director Administration and Community Services CONFIDENTIAL ATTACHMENT Application To provide the Management Committee with a status report of the operating budget and attendance figures for the Embleton Public Golf Course. Background Embleton Public Golf Course is managed on behalf of the City of Bayswater by Golf Oracle by Management Agreement for a five (5) year period from September 2010. Comment The Golf Course Manager, Mr Nigel Williams of Golf Oracle, has prepared a confidential report (refer to Confidential Attachment No. 1) detailing the Golf Courses financial performance and a status report on attendances and comparisons to previous years. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the status report for Embleton Public Golf Course to the Golf Course Management Committee 21 March 2011 be received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 255 ORDINARY COUNCIL MEETING MINUTES 13.5.3 29 MARCH 2011 City of Bayswater Charity Golf Day 2011 Officer: Director Administration and Community Services Application To consider the management of the City of Bayswater 2011 Charity Golf Day Background The City’s annual Charity Golf Day is held in October at the Maylands Peninsula Public Golf Course. The event raises funds for the St Vincent de Paul Society and Salvation Army. All generated surplus from the event is divided between the two beneficiaries. The table below provides a list of available sponsorship opportunities. Sponsorship Post Match Player Meal Hole In One Competition Player Golf Carts Golf Balls (Logo) Player Caps Player Information Bags Pre Game Snacks Auctioneer Hole Sponsorship x 16 Total Available Sponsorship Value Inc GST $4,400 $3,850 $3,850 $1,500 $1,000 plus 120 branded caps $1,000 plus 120 branded bags In Kind Donation for 1 x Hole Sponsored Time in Kind for 1 x Hole Sponsored $ 500 per Hole $23,600 In addition to the above sponsorship opportunity income is raised through player entries amounting to 120 Players @ $110 per Player = $13,200 potential income. A post event auction and raffle is held during the player meal presenting an opportunity to auction donated or discounted goods and services from businesses. The auction and raffle raise on average $2,000. Comment The event is managed and administered by officers in conjunction with Golf Oracle. The current event management is effective in facilitating the on course competition, pre and post event catering and player administration, however it is considered that the current management arrangement may not be maximising all opportunities in approaching and securing donations from the business community. In order to maximise the fund raising opportunities of the event the Golf Course Management Committee may wish to consider the following options: Page 256 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Option 1 Establish a Charity Golf Course Sub Committee to provide a broad depth of skills and contacts to deliver a successful event. Suggested format for the committee would be: 2 x City of Bayswater Councillors Manager Maylands Peninsula Golf Course (Golf Oracle) City of Bayswater Events Officer Representation from Central Eastern Business Association (CEBA) The sub committee may wish to meet monthly or as required for the six months pre-ceding the October event. Option 1 provides the advantage of combined skills and improved access to the business community through CEBA. Any disadvantage may be the additional time commitment required to convene and attend meetings. Option 2 Officers continue to manage the event in conjunction with Golf Oracle. Option 2 maintains the current arrangement and may not be effective in engaging with the business community to maximise the sponsorship and fund raising potential of the event. Option 3 Engage the services of a professional event management company to manage the event on behalf of the City. Option 3 should ensure a successful event outcome and increase the fundraising potential of the event, however a management fee would be payable to any external management organisation and may reduce the overall net surplus of the event. Officers recommend Option 1 - to establish a Charity Golf Course Sub Committee. The Golf Course Management Committee has not been granted delegated authority to make decisions on behalf of Council. Any recommendations at the Golf Course Management Committee will be referred to the next Ordinary Council Meeting for consideration. Policy Implications Nil. Financial Implications Nil. Voting Requirements Simple Majority Required. Page 257 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Officer's Recommendation That: 1. The Golf Course Management Committee form a City of Bayswater Charity Golf Day Sub Committee to comprise of: a) Two (2) City of Bayswater Councillors; b) Manager Maylands Peninsula Golf Course (Golf Oracle); c) City of Bayswater Events Officer; and d) Representative from Central Eastern Business Association (CEBA). At the Golf Course Management Committee Meeting: Committee Discussion The Committee considered this item and changed the officer recommendation to allow one Councillor on the City of Bayswater Charity Golf Day Sub Committee. The recommendation was amended as follows: The Committee recommendation that the Golf Course Management Committee form a City of Bayswater Charity Golf Day Sub Committee to comprise of: a) b) c) d) One (1) City of Bayswater Councillors; Manager Maylands Peninsula Golf Course (Golf Oracle); City of Bayswater Events Officer; and Representative from Central Eastern Business Association (CEBA). COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Golf Course Management Committee form a City of Bayswater Charity Golf Day Sub Committee to comprise of: a) One (1) City of Bayswater Councillors; b) Manager Maylands Peninsula Golf Course (Golf Oracle); c) City of Bayswater Events Officer; and d) Representative from Central Eastern Business Association (CEBA). CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 258 ORDINARY COUNCIL MEETING MINUTES 13.5.4 29 MARCH 2011 Sponsorship for Pro Am Golf Tournament Officer: Director Administration and Community Services Application To consider a sponsorship request from Golf Oracle to support the third annual Pro - Am Golf Tournament at the Maylands Peninsula Public Golf Course on 5 May 2011. Background Maylands Peninsula Golf Course has promoted two successful Pro - Am Golf Tournaments on 13 May 2009 and 5 May 2010. The 2010 event was awarded Professional Golf Association (PGA) Pro - Am Tournament of the Year. In previous years the City of Bayswater has sponsored the event to the value of $7,500. Stratco is the Primary Sponsor for the 2011 event. Golf Oracle promote the event with the support of the City to raise the profile of both the Maylands Peninsula Golf Course and the City of Bayswater. Golf Oracle do not gain financially from the event reporting a net loss of $9,000 for the 2009 event and $3,000 for the 2010 event. Comment Golf Oracle request that Council consider the following options: 1. 2. 3. Sponsor the 2011 event to the value of $7,500 Sponsor the 2011 event to the value of $2,500 as a Gold Sponsor. Sponsor benefits include: Signage rights to a tee and green, Logo on sponsors acknowledgement board, 6 x player entry, post match dinner and drinks. Sponsor the 2011 event to the value of $1,500 as a Silver Sponsor Sponsor benefits include: Signage rights to a Tee and green, Logo on sponsors acknowledgement board, 3 x Player entry, post match dinner and drinks. Currently no budget allocation exists to accommodate any sponsorship request to support the 2011 event. Council allocated a budget of $30,000 for Skatepark Events (budget code 2081054317) in the 2010/2011 budget and skate events have been delivered $10,000 under budget. Accordingly surplus funds could be utilised to sponsor the 2011 Pro-Am Tournament. Council may: • Utilise surplus funds from the Skatepark Events budget - 2081054317. • Refer the sponsorship request to Council via the donations process. • Recommend not to sponsor the Pro Am Tournament in 2011. Policy Implications Nil. Page 259 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications Currently no budget allocation exists to accommodate the sponsorship request. The surplus of $10,000 from the Skatepark Event budget 2081054317 could be utilised. Voting Requirements Simple Majority Required. Officer's Recommendation That Council utilise surplus funds from the Skatepark Events Budget 2081054317 to support the 2011 Maylands Peninsula Golf Course Pro - Am Tournament to the value of $7,500. At the Golf Course Management Committee Meeting: Committee Discussion The Committee is in support of the Pro-Am Tournament to the value of $7,500, however the recommendation was amended to remove reference to the events budget account. The recommendation was amended as follows: The Committee recommendation that Council support the 2011 Maylands Peninsula Pro-Am Tournament to the value of $7,500. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council support the 2011 Maylands Peninsula Pro-Am Tournament to the value of $7,500. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 260 ORDINARY COUNCIL MEETING MINUTES 13.5.5 29 MARCH 2011 Proposed Driving Range Upgrade - Maylands Peninsula Golf Course Attachments: No. 1 - Letter from Golf Course Operator No. 2 - Proposed Facility Site No. 3 - Proposed Structure Officer: Director of Technical Services Application To allow Committee consideration of a proposal from the Golf Course Operator to upgrade the driving range at the Maylands Peninsula Golf Course. Background Correspondence has been received from the Golf Course Operator (Attachment 1) seeking Council support for the construction of a shelter and artificial turf tees at the driving range at the Maylands Peninsula Golf Course. As Committee members may be aware, the popularity of the driving range at the Maylands Peninsula Golf Course has increased steadily over the last few years. In order to further enhance this popularity and to provide more suitable conditions for all weather use of the driving range, the current operator proposes to construct a shelter on the driving range. The roofed shelter would provide protection from the elements and would incorporate an artificial turf tee area to facilitate greater usage of the driving range. The Golf Course operator has advised that the total project would cost in the order of $77,000 and a Council contribution of $27,000 towards the project is being sought. Attachment 2 shows the proposed site of the facility and Attachment 3 details the proposed structure. Comment Increased utilisation of the driving range at Maylands Peninsula Golf Course has benefits for both the operator and Council as it increases the income stream to both parties. The potential income increase for Council needs to be balanced, however, against potential maintenance cost increases associated with greater utilisation of the facility. As numbers increase at the driving range, the maintenance of a grass tee off area will become more and more of an issue as recovery times for the grass would be limited. The introduction of the proposed facility with artificial turf tee areas would take the pressure off the remaining grassed tee area to a large degree. To facilitate the construction of the shelter and artificial turf area, formal planning approval from the City and the Swan River Trust would be necessary. Policy Implications Nil. Page 261 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Financial Implications As detailed in the report, a contribution of $27,000 towards the project is being sought from Council. Given the total project cost, the potential for greater utilisation (and hence income) and reduced maintenance costs, the required Council contribution is considered to represent good value to the Council. With respect to the provision of the required funds, it is highly likely that the necessary approval processes will take a minimum of three months and therefore, the Council contribution would not be required until the 2011/2012 financial year. Voting Requirements ABSOLUTE MAJORITY REQUIRED. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. Support in principle the provision of a shelter and artificial turf area at the Maylands Peninsula Golf Course driving range subject to the attainment of relevant approvals from the City of Bayswater and Swan River Trust. 2. Allocate $27,000 on its 2011/2012 Budget as a contribution towards a shelter and artificial turf tee area at the driving range. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 262 ORDINARY COUNCIL MEETING MINUTES 13.5.6 29 MARCH 2011 Proposed Hard Stand Areas - Maylands Peninsula Golf Attachments: Proposed Hardstand Areas Officer: Director of Technical Services Application To allow Committee consideration of a proposal to provide formal hard stand areas for golf cart access adjacent to the tavern area and for material deliveries adjacent to the Greenkeepers shed at the Maylands Peninsula Golf Course. Background Over time, the City's operational staff at the Maylands Peninsula Golf Course have expressed concerns in relation to the maintenance of grassed areas that are regularly used by golf carts. In order to overcome the maintenance problems being experienced in the area between the cart shed and the pathway system, it is proposed to provide a hard stand (concrete) area for the area detailed above. In addition, the Council's Greenkeeper has experienced a need for a concrete hardstand area near the Greenkeepers shed for the storage of sand. Comment It is proposed to provide hardstand areas in the locations detailed above as shown on (Attachment 1). Policy Implications Nil. Financial Implications The cost of providing hardstand for the two areas identified is approximately $6,000. Council allocated $15,000 for removal of typha from the wetland adjacent to the 5th green and this work has been undertaken under budget. Accordingly, the remaining surplus funds can be utilised for the provision of the hardstand areas. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council utilise surplus funds from the removal of typha from the wetland on the 5th Green for the provision of concrete hardstand areas adjacent to the tavern and the Greenkeepers shed at the Maylands Peninsula Golf Course. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 263 ORDINARY COUNCIL MEETING MINUTES 13.5.7 29 MARCH 2011 Capital Project: Raising of 5th Green and Fairway - Maylands Peninsula Golf Course Attachments: Proposed Area of Fill Officer: Director of Technical Services Application To allow Committee consideration in relation to the proposed works to raise the 5th Green and Fairway at Maylands Peninsula Golf Course (MPGC). Background Funds have been included in Council's current 2010/2011 budget to facilitate improvements to the fifth green and fairway at MPGC. This project has been under consideration for a number of years and involves lifting the lower part of the 5th green and a portion of the fairway. The proposed works would alleviate seasonal flooding of the area which can lead to damage to the fairway from golf carts. It would appear that the fairway on the 5th green was not constructed to the same standard as the rest of the course and the soil profile and root zone of the turf are poor. Comment As detailed above, funds ($40,000) have been included in Council's current budget for improvements on the 5th green and fairway. Investigations have been undertaken and the proposed area of fill is detailed on Attachment 1. A minor retaining wall between the green and the adjacent lake would also be incorporated. The construction phase of this project is likely to take in the order of seven to ten days. It should be noted however, that due to the returfing requirements of the project, it is envisaged that the 5th hole would need to be out of action for a period of approximately six weeks. In brief discussion with the golf course operator, he has expressed concern in relation to the fifth hole being out of operation for the envisaged timeframe and this is understandable, given the disruption to the facility as an 18 hole golf course and associated loss of income for the operator and Council. As mentioned above, the proposed works are intended to improve the durability of the course during wetter periods and the subject works have been discussed from as far back as 2006 and possibly earlier. Notwithstanding problems that have occurred in this area due to inundation, it should be noted that during the drier winter last year, the problem was not as prominent. The following options would appear to be available; Option 1: Proceed with the works as proposed. As detailed, this would cause significant disruption to operations in the short term, however, long term operations should be improved and the necessity of any course closure associated with the 5th green reduced. Option 2: Not proceed with the proposed works. This option would not result in the considerable disruption to course operations however, there will be ongoing disruptions associated with inundation and potentially the need to restrict access to this part of the course from time to time. Page 264 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Given the concerns detailed above, it may be appropriate to defer the proposed works on the 5th green and reallocate the budgeted funds. Considering both the Maylands and Embleton Golf Courses, limited work has been done in relation to the replacement of aging reticulation systems. As a result, the irrigation systems are in need of constant maintenance, are not efficient and in a number of cases, do not provide even coverage to the relevant turf areas. Accordingly, it may be more appropriate to utilise the budgeted funds for reticulation upgrades at Maylands Golf Course. Policy Implications Nil. Financial Implications As detailed in the report. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that Council not undertake works at the Maylands Peninsula Golf Course (MPGC) to raise a portion of the 5th green and fairway at this stage, and utilise the available funds for reticulation upgrades at the course. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 265 ORDINARY COUNCIL MEETING MINUTES 13.5.8 29 MARCH 2011 Request for Reimbursement Application Golf Oracle has requested the reimbursement of $7012.27 for the replacement of a Gas Fan Forced Industrial Oven. Background The current oven failed and immediate replacement was required to serve booked functions. Golf Oracle are aware that the City should be notified in advance and approve asset replacement. Financial Implications As detailed in the report. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. The reimbursement to Golf Oracle of $7,012.27 for the replacement gas oven be approved. 2. All future asset replacement requests are directed through the City. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 266 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 13.6 Heritage Development Advisory Committee 13.6.1 Heritage Grant Application Location: Bardon House - Lot 84, No. 17 View Street, Maylands Attachments: No. 1 - Location Plan and Site Photos No. 2 – Supporting Information Indicating Areas Requiring Maintenance Work No. 3 - Quotations (Confidential Attachment) File No: VIE-4/17 Applicant: Debra Flower Owner: Debra Flower Officer: A/Director of Planning and Development Services CONFIDENTIAL ATTACHMENTS Application A heritage fund application dated 4 February 2011 and additional information have been received for brick tuckpointing on a heritage-listed property at Lot 84, No.17 View Street, Maylands. The applicant has requested a maximum contribution of $1,200 from the City. Council consideration is required as the applicant has applied for funding assistance through the City’s Heritage Incentive Scheme. Tuckpointing is the practice of applying coloured mortar to the grouted areas on brick walls in order to create a fine lined appearance. The practice of tuckpointing was common in the nineteenth and early twentieth centuries and is consistent with the architectural style of Bardon House. Background Town Planning Scheme No. 24 Zoning: Residential R30 Use Class: Single House – ‘P’ Lot Area: 507m² Existing Land Use: Single House Surrounding Land Use: Residential Size/Nature of Proposed Development: Tuck pointing of existing brickwork The subject site is a 'Classification 2' property on the City’s Municipal Heritage Inventory (MHI), and is included on the City of Bayswater Scheme List of Heritage Places. The building is described (in part) in the MHI as follows: “An imposing single storey house of brick with a tiled hip roof, return verandahs and a small portico over the entry steps. It has triple banked casement windows grouped in banks of three. The verandah is simply detailed with elegant post brackets… Historical Notes: A good example of war time suburban settlement with high aesthetic value. The land was bought by F W Bardon, a former president of the Shire of Perth, in 1912.The house was valued at 132 pound 10 shillings. Page 267 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 The land remained in the Bardon family from the time of its construction until 2003. The house is authentic and has had little remodelling. Bardon Park is named after this property and its occupants.” The northeast grounds of the subject site have been subdivided into residential lots since 2003. The current landowner has obtained development approvals in 2004 and 2009 for carport and front boundary fence additions and renovations respectively. The property is currently being advertised for sale. Council adopted the Heritage Fund Policy at its meeting on 24 October 2006. The City has set aside funds with the intention that the funds will be used for the maintenance and improvement of heritage listed buildings. The abovementioned policy offers funding for residential and non-residential properties up to the value of $4,000 per property, but not exceeding 50 percent of the total cost of approved works (excluding GST). The City’s 2010-11 Budget allocated $60,000 for the Heritage Incentive Scheme. There is currently $37,350 remaining unallocated in the budget. Comment The applicant has requested that the City contribute funding of $1,200 for the work quoted for a total up to $2,400 (excluding GST). The applicant has provided two (2) quotations for the proposed work. One quotation values that works at $1,600 (excluding GST) and the other at $2,400 (excluding GST). The applicant has indicated their preference for the higher of the two quotations. As per the ‘Heritage Grant Policy’, the City can only grant 50 percent of the cost of works which is $1,200. A copy of the two (2) quotes for the tuck pointing is attached (Refer to Confidential Attachment No.3). The proposed tuckpointing work to the exterior of the building is considered to amount to restoration work, which is permitted to be eligible for a grant subsidy in accordance with the City's policy. It is considered that it will improve the external appearance of the building without taking away its original elements. The proposed brick tuckpointing work is considered to be consistent with the style of the existing building. The grant request is recommended for in principle approval. Unauthorised Carport Door A site inspection undertaken by the City’s Planning Officer has indicated that the existing carport structure approved by Council at its ordinary meeting of 14 December 2004 has been fitted with a predominately solid awning door. The door was not indicated on the approved plans. It is considered that the door is not consistent with the heritage fabric of the building. The City requests that Council requests that landowner to remove the unauthorised carport door within 28 days of its determination. It is considered that the release of funds to undertake the proposed works should be withheld until the matter is satisfactorily resolved. The landowner should also be advised to fully disclose the requirement to comply with the terms of the planning approval issued by Council on 14 December 2004 to any potential purchasers of the property. Should the carport door not be removed the City may request Council to initiate legal action. Summary The applicant has requested that the City contribute funding of $1,200 to help complete the maintenance works quoted for a total of $2,400 (excluding GST). Page 268 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 A maximum grant of $1,200 (50 percent of cost of works excluding GST) is considered to comply with the City’s ‘Heritage Fund Policy’ No. TP-P 6.3 and would serve to enhance an important heritage listed building. It is recommended that the Council grant up to $1,200 towards the works. Policy Implications The expenditure of the Heritage Incentive Scheme is based on the provisions of the ‘Heritage Fund Policy’ No. TP-P 6.3. Clause 2 (a) of the Policy states the following: “The following works are eligible for funding: a) b) The painting or repainting of appropriate surfaces on the outside of the building. This does not include painting over previously unpainted exposed brickwork or other materials; Appropriate restoration works, building conservation works, veranda reconstruction, repair of walls or windows and the improvement of roof drainage…”. These elements of the funding request are considered to comply with the City’s ‘Heritage Fund Policy’ No. TP-P 6.3. Financial Implications The City’s 2010-11 budget contains $60,000 for the Heritage Incentive Scheme. To date, four (4) applications for $4,000 (No.140 Eighth Avenue, Maylands), $3,680 (No.6 Hamilton Street, Bayswater) $2,900 (No. 35 Eighth Avenue Maylands), $1,300 (5/89 Whatley Crescent) have been approved by the City for heritage funding in the 2010-11 budget period. Three (3) applications also remain outstanding for works approved by Council in the 2009-10 financial year totalling $10,770. A total of $37,350 is therefore available in the current budget for the Heritage Incentive Scheme. The City has received a request for heritage funding from the owner of the subject property to the maximum value of $1,200. The applicant obtained two quotes for the subject works with the lowest quote being $1,600 (excluding GST). The applicant has indicated that they would prefer the works to be undertaken in accordance with the more expensive quote of $2,400 (excluding GST). The requested contribution from the City is 50 percent of the more expensive quoted works, which is in accordance with the City’s policy. The City is able to grant a maximum of $1,200 towards works. Voting Requirements Simple Majority Required. Officer's Recommendation That: 1. Council approve the allocation of funding from the 2010-11 Heritage Incentive Scheme for the tuckpointing works to the heritage listed building at Lot 84, No. 17 View Street, Maylands. 2. That Council request the landowners to either remove the unauthorised carport door within 28 days of its determination. Page 269 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Heritage Development Advisory Committee Meeting: Committee Discussion The Committee considered the officer's recommendation and proposed that Condition 2 be reworded as follows: 2. That Council request the landowners to either remove the unauthorised carport door within 28 days of its determination or make an application to the City. COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that: 1. Council approve the allocation of funding from the 2010-11 Heritage Incentive Scheme for the tuckpointing works to the heritage listed building at Lot 84, No. 17 View Street, Maylands. 2. That Council request the landowners to either remove the unauthorised carport door within 28 days of its determination or make an application to the City. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 270 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 At the Heritage Development Advisory Committee Meeting: At 5:37pm, Cr Sally Palmer arrived at the meeting. 13.6.2 Proposed Two (2) Patio Additions Location: Lot 501, No. 10A Mitchell Street, Mount Lawley Attachments: No. 1 - Location Plan and Site Photo No. 2 - Detailed Plans File No: DA11-0013 Applicant: Great Aussie Patios Owner: Andrew Hall and Kristina Ferraz Officer: A/Director of Planning and Development Services Application MRS Form 1 and plans dated 1 January 2011 and revised plans dated 3 February 2011 have been received for two (2) proposed patio additions to the existing dwelling at Lot 501, No. 10A Mitchell Street, Mount Lawley. The proposal comprises one patio on the east side of the property and one patio on the west side of the property. Council consideration is required as the subject property is located in a Character Protection Area (Mount Lawley). The property is not listed on the City’s Municipal Heritage Inventory (MHI). Background Town Planning Scheme No. 24 Zoning: Residential R20 Use Class: Single House - ‘P’ Lot Area: 506m² Existing Land Use: Single House Surrounding Land Use: Residential Size/Nature of Proposed Development: Two (2) Patio Additions SCHEME PROVISIONS Setbacks Open Space * denotes non-objection West East North REQUIRED PROVIDED 1.5 m 1.5 m 1m 1 m* 1 m* 12 m 50 % 58 % Page 271 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Comment Character Protection Area The subject property is situated in the City’s Character Protection Area (CPA) No. 3. The CPA guidelines are to assist owners and developers with the design of alterations, additions or development in areas assessed as having particular character significance. The guidelines are intended to ensure that development is ‘sympathetic to the local historic character’. An assessment against the City’s CPA guidelines is provided below. Plan Form The proposal is consistent with the rectangular plan form of the existing dwelling and is aligned parallel to the street. Walls Both patios are open on all sides, except to the extent where they abut existing walls. No new walls are proposed as part of this application. Roof Form The patio on the west side of the lot is a hipend patio. The patio on the east side of the lot is a pyramidal patio. Both patios are proposed to have roof pitches of 22 degrees. While the proposed roof pitch is less than the 25 to 30 degrees stipulated in the CPA guidelines, this is not considered to have a significant effect on the character of the dwelling. Furthermore, the patios are not visible from the street and are therefore not considered to unduly impact on the streetscape. The design incorporates zinc coloured roofing, which is consistent with the existing dwelling and is consistent with the CPA guidelines. Openings No new openings are proposed as part of the application. Both patios are open and therefore, the existing openings (windows and doors) are not affected. Garages The proposal does not make provision for any garage or carport. Fencing The proposal does not make provision for any new or additional front fencing. Colours The applicant has indicated that posts and framework for the proposed patios will be ‘surfmist’ in colour. This colour is considered consistent with the finishes on the existing dwelling and is considered to complement the dwelling. Compliance with the Scheme and R Code Requirements Assessment of the application indicates that the proposed development complies with the acceptable development provisions of the City’s Town Planning Scheme No. 24 (TPS 24) and policies, and Residential Design Codes (R Codes) with the exception of variations to boundary setbacks. Boundary Setbacks Both patios are measure 2.5 metres in height and both adjoin an existing wall of the dwelling. The total wall length on the west side, including the patio, is proposed to be 28 metres. The total wall length on the east side, including the patio, is proposed to be 15.5 metres. Under the provisions of the R Codes, structures greater than nine (9) metres in length require a setback of 1.5 metres. The proposed setback to both boundaries is 1.0 metre. The relevant performance criteria of the R Codes state the following: “P1 Buildings setback from boundaries other than street boundaries so as to: Page 272 ORDINARY COUNCIL MEETING MINUTES • • • • • • 29 MARCH 2011 provide adequate direct sun and ventilation to the building; ensure adequate direct sun and ventilation being available to adjoining properties; provide adequate direct sun to the building and appurtenant open spaces; assist with protection of access to direct sun for adjoining properties; assist in ameliorating the impacts of building bulk on adjoining properties; and assist in protecting privacy between adjoining properties.” Both patios are considered to meet the abovementioned performance criteria of the R Codes. The proposed patios are open and are not large enough to assist in overlooking or the hinder the amount of sunlight to the subject and neighbouring properties. With regard to the impact on adjoining properties, a letter of non-objection was received from the owners of Lot 502, No. 10 Mitchell Street, Mount Lawley regarding the patio on the east side. The City sought comment from the owner of Lot 42, No. 12 Mitchell Street, Mount Lawley regarding the setback of the patio on the west side. No objection was been received from this landowner within the comment period. Summary With respect to the CPA guidelines, it is considered that the proposal meets with the elements described, and will not unduly impact on the streetscape and character of the area. The proposed boundary setback variations received no objections and are considered to meet with the performance criteria. Given the above, the proposed patios are recommended for approval subject to standard conditions. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval be granted for proposed two (2) patios at Lot 501, No. 10A Mitchell Street, Mount Lawley, in accordance with the application dated 1 January 2011 and revised plans dated 3 February 2011, subject to the following planning conditions: 1. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two (2) years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. The development shall be carried out only in accordance with the terms of the 2. application as approved herein, and any approved plan. 3. The development complying with any details marked in red on the approved plans. 4. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. 5. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 273 ORDINARY COUNCIL MEETING MINUTES 13.6.3 29 MARCH 2011 Proposed Two (2) Storey Grouped Dwelling Location: Lot 1 No. 122 Eighth Avenue, Maylands Attachments: No. 1 - Location Plan and Site Photos No. 2 - Detailed Plans File No: DA10-0198 Applicant: K. Tombouloglou Owner: K. Tombouloglou Officer: A/Director of Planning and Development Services Application MRS Form 1 dated 19 March 2010 and revised plans dated 25 November 2010 have been received for a proposed two storey grouped dwelling at Lot 1, No122 Eighth Avenue, Maylands. The proposal comprises the construction of a single two (2) storey grouped dwelling with direct vehicular access onto Eighth Avenue. There are two existing strata lots at the rear of the subject site which are accessed by a common property driveway along the south east boundary. Council consideration is required for the following matters: a) The site is located within Character Protection Area No.1 – Maylands North (CPA 1) therefore Council is required to be satisfied that the design meets with the Character Protection Guidelines. b) It is recommended that the design be altered to facilitate the provision of a straight crossover without obstruction. Background Town Planning Scheme No. 24 Zoning: Medium and High Density Residential R40 Use Class: Grouped Dwelling - ‘P’ Lot Area: 287m² Existing Land Use: Vacant Surrounding Land Use: Grouped Dwellings Size/Nature of Proposed Development: Proposed Two (2) Storey Grouped Dwelling SCHEME PROVISIONS Setbacks Front (SW) Side (NW) Side (SE) Rear (NE) Maximum Site Cover Parking REQUIRED PROVIDED 2m min, 4m average 0m, 1.2m 1-1.5m, 1.2m 1.5m/1.5m 3.3m, 4m/3.5m,4m 0m, 1.2m 1-1.5m, 1.5m 2.75m, 2.75m 45% 45% 2 bays 2 bays Page 274 ORDINARY COUNCIL MEETING MINUTES PARAPET/BOUNDARY WALL ACCEPTABLE DEVELOPMENT STANDARDS 29 MARCH 2011 REQUIRED PROVIDED Maximum Wall Height Maximum Average Wall Height 3.5m 2.8m 3.0m 2.7m Maximum Wall Length 9.5m 7.5m Comment Character Protection Area The subject property is located within Character Protection Area No. 1 – Maylands North. The Character Protection Area (CPA) guidelines are intended to assist owners and developers with the design of alterations, additions or development in areas assessed as having particular heritage significance. The guidelines are intended to ensure that development is ‘sympathetic to the local historic character’. An assessment of the application against each element of the CPA guidelines is provided below. Plan Form The form of the dwelling as seen from the street reads as a parallel frontage with a strong balcony element incorporated along the frontage of the dwelling. The proposed setbacks are consistent with adjoining grouped dwelling developments. This element is considered to be consistent with the intent of the CPA guidelines. Walls The walls of the dwelling will be constructed of cream rendered brick with contrasting red brick banding along the front and side elevations which is considered to meet with the intent of the CPA guidelines. Roof Form The design indicates a corrugated iron painted roof with a proposed roof pitch of 30 degrees. The roof is considered to be consistent with the CPA guidelines. Openings Openings of the dwelling have a predominantly vertical emphasis. This element is considered to be consistent with the CPA guidelines. Garages The garage for the proposal is not considered to be a dominant element of the design as it is setback 1.2 metres behind the upper floor balcony. The garage is not considered to detract from the amenity of the streetscape or the presentation of the dwelling. This element is considered to be consistent with the CPA guidelines. Fencing The front fence is proposed to be cream rendered brickwork with a solid portion to up 0.6 metres in height and open style infill panels above to 1.8 metres. The fence colour is consistent with proposed colour of the dwelling and is not considered to detract from the amenity of the streetscape. The fence is considered to meet with the intent of the CPA guidelines. As per the above CPA assessment, the proposal is considered to be sympathetic to the character of the area. The proposal is not considered to unduly affect the character qualities of the area. Page 275 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Compliance with Scheme and Residential Design Code Requirements The application has been assessed against the provisions of the City’s Town Planning Scheme 24 (TOS 24), the Residential Design Codes (R Codes) and the City's policies, and is considered to meet with all requirements with the exception of the location of the proposed garage and the implications with the existing street verge tree. Garage Location The application proposes the garage in a location which results in the crossover being in close proximity to the existing street verge tree. The garage also includes an internal storeroom which is positioned on the left side of the garage, and abuts the boundary with the adjoining grouped dwelling development at No.124 Eighth Avenue, Maylands. The plans show the crossover being tapered to provide a one (1) metre clearance to the street tree, which the applicant believes is sufficient. The explanatory guidelines of the R Codes state that crossovers are required to be aligned at right angles to the street and to be designed for vehicles to safely manoeuvre into the street without obstruction. The City’s Technical Services has advised that crossovers should have a straight alignment and not be tapered around obstructions, as this is considered to have safety implications with regard to vehicle egress. The tapered crossover results in the crossover not being aligned straight, and is not therefore in accordance with the City’s standard crossover specifications. Futhermore, the City’s Parks and Gardens has advised that the health of existing trees which are located in close proximity to new crossovers can be potentially affected by the installation of new crossovers. The City has recommended that the design be altered to provide a straight crossover without obstruction. By shifting the storeroom to the opposite side of the garage, the crossover is able to be moved a further 1 metre away from the street tree. This recommended change enables a straight driveway and crossover to be achieved and provides for safe vehicle egress in accordance with the Technical Services' recommendation. Whilst it is acknowledged that the recommended alteration will increase the length of the parapet wall on the boundary with the adjoining property, the total length still complies with the acceptable development standards and the impact is considered minimal as the wall abuts a common driveway on the adjoining property. The applicant has advised the City that the recommended design change is acceptable and no objection is raised to the inclusion of a condition to this effect. Summary An application for a two storey grouped dwelling proposes cream coloured rendered walls with red brick banding and cream coloured front fence, which are not considered to detract from the amenity of the streetscape. The design and presentation of the dwelling is considered to meet with the intent of the Character Protection Guidelines and not considered to unduly affect the Eighth Avenue streetscape. The application proposes a tapered crossover which does not comply with the standard crossover specifications. The City is of the view that the tapered crossover is not safe and could be avoided by placing the storeroom on the opposite side of the garage, which enables a straight crossover to be installed. The applicant has agreed to this condition being included, therefore a condition to this effect is included in the officer recommendation. The application is recommended for approval subject to conditions. Page 276 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that planning approval be granted for proposed two (2) storey grouped dwelling at Lot 1, No.122 Eighth Avenue, Maylands in accordance with the application DA10-0198 and revised plans dated 25 November 2010, subject to the following planning conditions: 1. The applicant to submit revised plans showing the garage parapet wall abutting the boundary, and the storeroom being located along the side of the garage adjacent to the ‘entry’ as denoted on the proposed plans, to the satisfaction of the City of Bayswater. 2. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two (2) years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. 3. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. 4. The development complying with any details marked in red on the approved plans. 5. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. 6. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or nter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961. 7. The approved boundary/parapet walls and footings abutting the boundaries must be constructed wholly within the subject allotment. The external surfaces of the boundary/parapet walls shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater. 8. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition. 9. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. Where the Water Corporation reticulated sewer is not available the premises are to be connected to an approved wastewater treatment system which complies with the requirements of the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage Policy Perth Metropolitan Region. Page 277 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 10. Any existing septic system is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997. 11. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL (m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater. 12. All vehicle crossings being upgraded, designed and constructed to the satisfaction of the City of Bayswater. Payment for the crossover is required prior to the issue of a building licence. 13. The existing and/or proposed driveways being constructed with brick paving or concrete to the satisfaction of the City of Bayswater. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 278 ORDINARY COUNCIL MEETING MINUTES 13.6.4 29 MARCH 2011 Proposed Change of Use from Shop to Small Bar Location: Lot 55, No. 198 Whatley Crescent, Maylands Attachments: No. 1 - Location Plan and Site Photo No. 2 - Detailed Plans File No: DA11-0058 Applicant: Alannah MacTiernan Owner: Alannah MacTiernan and Anthea MacTiernan Officer: A/Director of Planning and Development Services At the Heritage Development Advisory Committee Meeting: CR MARLENE ROBINSON DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Marlene Robinson declared an impartial interest in this item as she knows the applicant, Alannah MacTiernan. CR MIKE ANDERTON, JP DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Mike Anderton, JP declared an impartial interest in this item as he knows the applicant, Alannah MacTiernan. CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST In accordance with 5.60A and 5.65 of the Local Government Act 1995, Cr Mike Anderton, JP declared a financial interest in this item as he knows the applicant, Alannah MacTiernan and the family. Cr Anderton, JP withdrew from the meeting at 10:30pm CR MARLENE ROBINSON DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Marlene Robinson declared an impartial interest in this item as she knows the applicant, Alannah MacTiernan. Remained in the room during Application MRS Form 1 dated 1 February 2011 and further plans dated 4 March 2011 have been received for a proposed change of use from shop to small bar with associated signage, demolition and building works at Lot 55, Nos. 198-202 Whatley Crescent, Maylands. The City’s Town Planning Scheme No. 24 (TPS 24) does not currently have a use class or definition for small bar, although there is such a definition in the Model Scheme Text (MST). The most relevant use class in TPS 24 at present is considered to be tavern. Council consideration is required as: 1. 2. The closest use class of ‘tavern’ is listed as a discretionary use in a ‘business’ zone; and The proposed change of use will result in a parking shortfall of nine (9) car bays. Page 279 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Background Town Planning Scheme No. 24 Zoning: Business Use Class: Small Bar (Tavern) – ‘D’ Lot Area: 781m² Existing Land Use: Shop Surrounding Land Use: Commercial and Residential Size/Nature of Proposed Development: Change of Use to Small Bar (Tavern) and Associated Signage, Demolition and Building Works SCHEME PROVISIONS Parking* (* - refer to comments on parking REQUIRED PROVIDED 13 bays* 4 bays* provision) The subject site is listed as a ‘Classification 2’ in the City’s Municipal Inventory of Heritage Places. The ‘Classification 2’ management category states in part that: “Sites have considerable local importance and will generally include public or community buildings, commercial buildings and residential dwellings of exceptional significance. Demolition of these places would generally not be supported. Landowners are encouraged to conserve the integrity, authenticity and condition of the site’. The site is also part of the State Heritage Registered ‘Whatley Group’ of shops. The application was referred to the Heritage Council of Western Australia for comment. The Heritage Council advised that the proposal is supported, subject to a photographic record being prepared of the site. Legislative amendments to the Liquor Control Act 1988 were made in 2006 to provide for a new liquor licensing category designated as small bar. The objectives of the legislative changes included providing more choice for consumers (but not necessarily more licensed venues), greater levels of innovation within the liquor and hospitality industries, a boost to the small business sector and creating a safer liquor environment that is not limited to large, “beer-barn” establishments. A small bar has been defined by the Western Australian Planning Commission in the MST as: “… premises licensed as a small bar under the Liquor Control Act and used to sell liquor for consumption on the premises, but not including the sale of packaged liquor; and with the number of persons who may be on the licensed premises limited to a maximum of 120”. The MST definition noted above is to be included in TPS 24 as proposed in Amendment No. 45 (the Maylands Activity Centre Zone amendment). As noted in the definition, small bars do not allow for the sale of packaged liquor (i.e. – they cannot operate as a liquor store). Page 280 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 Small bars are currently operating in other local government areas such as the City of Perth and Town of Vincent. They have been found to be relatively safe establishments with less potential for anti-social behaviour. Council approved a change of use application for a small bar at Lot 46, No. 188 Whatley Crescent, Maylands at its Ordinary Meeting held on 27 July 2010. Comment The application proposes: 1. 2. 3. 4. 5. A change of use from shop to small bar (tavern); The demolition of a brick outhouse and a corrugated iron shed (both supported by the Heritage Council); The construction of a new kitchen and toilet block; The internal fit out of the existing shop at No. 198 Whatley Crescent; and The erection of one (1) verandah sign and one (1) sign on the window of the site. The applicant has advised that the proposal would consist of an “old style European bar”, with experienced chefs serving “simple and seasonal European style dishes matched with carefully selected local and European wines and beers. The bar will cater to a clientele who have a real interest in quality food and wine. Swallow strives to be a true ‘local’ where people feel drawn to visit once or twice a week for an after work drink or bite to eat in an intimate environment with soft tunes conducive to good conversation”. The proposed hours of trade would initially extend from 4.00pm to midnight from Monday to Saturday and 10.00am to 10.00pm on Sunday. Assessment of the application indicates that it complies with the provisions of TPS 24 and the City’s policy, with the exception of the use class of small bar (tavern) being listed as a discretionary use in a business zone and a shortfall in the on-site car parking provided of nine (9) car bays. Heritage The Heritage Council has advised that the proposal is supported from a heritage perspective, including the proposed demolition of a brick outhouse and a corrugated iron shed on the site. These structures are later additions and are not considered to be an integral part of the heritage of the site. It is considered that the proposed redevelopment and use of the site would serve to complement and enhance the heritage of the site. It would also serve to provide greater public access to the site and help to increase public awareness of the history of Maylands. The Heritage Council recommended that a condition be required for a photographic record of the site to be prepared prior to any demolition or development of the site, which is included in the recommended approval conditions. Appropriateness of Use The subject site is located in the proposed Main Street Precinct of the future Maylands Activity Centre Zone. Council granted final approval to TPS 24 Amendment No. 45 at its Ordinary Meeting held on 1 February 2011.The amendment has been referred to the Western Australian Planning Commission to seek final approval from the Minister for Planning. Page 281 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 A key objective of the Maylands Activity Centre Zone is to create an attractive and sustainable urban town centre that is a vibrant, desirable and safe place to live, work and socialise. It is considered that the proposed small bar would support the future zone’s objectives and contribute to making the town centre a vibrant and desirable place to live, work and socialise. Furthermore, the amendment proposes that a small bar be a permitted use in the Main Street Precinct. It is also considered that the proposed use would add to the night-time economy. Uses such as restaurants and small bars encourage after-hours activity and promote passive and active street surveillance, which can increase the perception of safety in the town centre at night. Given the above, the proposed small bar use is considered appropriate for the area. It is recommended as a condition of approval that the applicant prepare a detailed management plan to addresses potential issues such as the control of noise, anti-social behaviour, disposal of rubbish and any other appropriate matters to the satisfaction of the City. It is anticipated that these matters can be adequately addressed by the applicant. Car Parking The subject site does not currently have formalised parking constructed, however, it is considered there is enough space for six (6) car parking bays. The site is proposed to incorporate a number of uses for the purposes of calculating car parking, including: 1. 2. 3. Two (2) existing shops of approximately 65m² in total; An existing residential dwelling (the historic stationmasters house); and The proposed small bar and courtyard area of 76m². The two (2) existing shops would require parking to be provided at a ratio of six (6) bays per 100m² as per the standards of TPS 24. Given the existing shops have a floorspace of approximately 65m² in total, this equates to a requirement for four (4) on-site car parking bays as per the scheme standards. The existing stationmasters dwelling would be assessed in accordance with Clause 7.3.3 of the Residential Design Codes given that it is located within an indentified activity centre. Clause 7.3.3 would require a minimum of one (1) car bays for the existing dwelling. There are no development standards for the use class of small bar in TPS 24. The closest relevant standard is considered to be ‘restaurant’ given the relatively small-scale nature of the proposal with customers seated at tables and the focus on quality food, as opposed to a tavern, which generally accommodates a larger number of people and which is a more intensive land use. A tavern would require 1 car bay for every 5m² of bar or public areas as per TPS 24 (or 15 car bays for the subject proposal). The ‘restaurant’ development standard requires on-site car parking to be provided at a ratio of 10 bays per 100m². The proposed plans show an approximate small bar and courtyard area of 76m², which would require a total of eight (8) on-site car bays to be provided as per TPS 24 standards. A total of 13 on-site car bays would be required across the whole site as per the standards of TPS 24, while the application proposes four (4) on-site car bays, which is an indicative shortfall of nine (9) car bays. The current on-site car parking shortfall is calculated to be one (1) car bay. Page 282 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 In support of the proposed car parking shortfall, the applicant has advised that: 1. 2. 3. 4. 5. The peak time of activity at the small bar will occur at a time when there is lower parking demand for adjacent parking facilities at Maylands train station and adjacent onstreet car parking; The subject site is well serviced by public transport routes and taxis, ameliorating potential parking issues; Driving to places such as small bars should be discouraged (in-principle) to help prevent the potential for drink-driving; The parking provided is expected to cater for staff needs; and Council has approved parking shortfalls at other nearby sites, particularly the Match Maymont site at Lot 250, Nos. 178-192 Whatley Crescent and Nos. 70-88 Eighth Avenue, Maylands (where a total parking shortfall of 40 bays has been approved). The proposed parking shortfall is also supported by the following justifications: 1. The subject site is on the City’s Heritage List. Clause 5.5 of TPS 24 allows Council to vary any development standard specified in the scheme for sites included on the Heritage List to facilitate the conservation of a heritage place. It is considered that the parking provided would help to enhance the heritage of the site; 2. The application proposes three (3) on-site car bays to service the three (3) shopfronts on the site (including the proposed small bar). There is potential for reciprocal parking arrangements given that the site has one (1) landowner and because the peak trading period for the small bar would be outside normal business hours; 3. The subject site is located in a town centre environment where it is expected that some patrons will visit the small bar in combination with engaging in other activities in the town centre, such as shopping, employment, accessing local services or visiting the new multipurpose centre in Maylands etc. Multiple purpose visits to the town centre can mean that the total number of vehicle trips to the town centre requiring car parking to be provided can potentially be reduced; and 4. The town centre location also means that it is relatively accessible for pedestrians. The City has prepared a draft parking policy for the TPS 24 area (approved by Council for public advertising at its Ordinary Meeting of 1 February 2011), which provides parking dispensation for developments in town centres, such as the subject proposal. The draft policy recommends a 50% parking dispensation for 'food and entertainment' and small 'retail' uses to encourage such uses to locate in town centres and contribute to active and vibrant streetscapes. If the proposal were to be assessed under the draft parking policy, the onsite parking requirement would reduce from 13 bays to 7 bays, which would reduce the parking shortfall to three (3) car bays. The City has also prepared a draft cash in lieu of car parking policy (approved by Council for public advertising at its Ordinary Meeting of 1 February 2011), which details when and how cash in lieu of car parking payments can be sought. Cash in lieu contributions would be based on parking shortfalls assessed in accordance with a relevant parking policy or the scheme requirements. In this case, given that there is an indicative shortfall of three (3) cars bays when assessed against the draft parking policy for the TPS 24 area, the draft cash in lieu of car parking policy would require a $30,000 cash in lieu of car parking payment (three (3) bays shortfall x $10,000 per car bay). Page 283 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 It is not considered that cash in lieu of car parking could be sought in this case as Council has not given final approval to the draft cash in lieu of car parking policy and the necessary mechanisms are therefore not in place. The application was also made prior to the introduction of cash in lieu of car parking provisions. There are no objections to the proposed on-site parking provision. Right of Way Widening In accordance with the City’s Right of Way Study, Roxy Lane is required to be widened to 6.0 metres as per the Western Australian Planning Commission’s requirements. A 1.5 metre right of way widening has been noted on the plans and a condition for the right of way widening is part of the recommended approval conditions. Future Redevelopment of the Rear of the Site The applicant has provided indicative plans for the redevelopment of the rear of the site in accordance with the provisions of the future Maylands Activity Centre Zone. The plans have been provided principally to support the small bar application and demonstrate how issues such as car parking and vehicular access can be achieved on the site. Given the plans are indicative only, a full development assessment has not been undertaken. Notwithstanding, it is considered that the indicative plans would demonstrate a high degree of compliance with the future Main Street Precinct special control areas provisions and would, for example, comply with on-site car parking requirements by providing a minimum of one (1) car bay per dwelling in accordance with the new Clause 7.3.3 of the Residential Design Codes (R Codes). The applicant has advised that a development application will be lodged with the City in the future for the redevelopment of the rear of the site in accordance with the future Maylands Activity Centre Zone provisions. Summary It is considered that the proposed small bar would serve to complement and enhance the heritage of the site. The proposal would support the future Maylands Activity Centre Zone’s objectives and contribute to making the town centre a vibrant and desirable place to live, work and socialise. Uses such as restaurants and small bars also encourage after-hours activity and promote passive street surveillance. The applicant has also provided indicative plans for the redevelopment of the rear of the site. While a full development assessment has not been undertaken as the plans for the rear of the site are indicative only, it is considered that the initial plans would demonstrate a reasonable degree of compliance with the Main Street Precinct provisions of the future Maylands Activity Centre Zone. The proposal is recommended for approval, subject to conditions. Voting Requirements Simple Majority Required. Page 284 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED that planning approval be granted for the proposed change of use from shop to small bar (tavern) with associated signage, demolition and building works at Lot 55, Nos. 198-202 Whatley Crescent, Maylands, subject to the following planning conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. This approval is valid for a period of two (2) years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan. The development complying with any details marked in red on the approved plans. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. Where the Water Corporation reticulated sewer is not available the premises are to be connected to an approved wastewater treatment system which complies with the requirements of the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage Policy Perth Metropolitan Region. Any existing septic system is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater. The hours of operation of the small bar shall be limited to 7.00am to 12:00am (midnight) Monday to Saturday and 7:00am to 10:00pm on Sunday, inclusive. Packaged liquor shall not be sold at the premises. A detailed management plan that addresses the control of noise, anti-social behaviour, disposal of rubbish and its collection, litter and any other matters associated with the development shall be submitted to and approved by the City prior to the first occupation of the development, and thereafter implemented and maintained to the satisfaction of the City. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997. Page 285 ORDINARY COUNCIL MEETING MINUTES 13. 14. 15. 16. 17. 29 MARCH 2011 The vehicle parking area shall have a minimum of four (4) on-site car bays to be sealed or paved, kerbed, drained and line marked in accordance with the approved plans and specifications and shall be thereafter maintained to the satisfaction of the City of Bayswater. The provision of a suitably screened refuse bin area to the satisfaction of the City of Bayswater. The Roxy Lane right of way being widened by 1.5 metres along the full frontage of the land the subject of this application by the applicant/owner transferring the land required to the Crown free of cost for the purpose of widening the right of way. The section of the Roxy Lane right of way widened in accordance with this approval, is to be constructed and drained at the full cost of the applicant/owner. A Photographic Record is to be prepared, as per the Heritage Council of Western Australia’s 'Guide to Preparing An Archival Record', prior to the commencement of demolition and/or building works. The Photographic Record is to be submitted to the Office of Heritage for its records. CARRIED UNANIMOUSLY At 10:31pm, Cr Mike Anderton, JP returned to the meeting. COUNCIL RESOLUTION - EN BLOC RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED to en bloc the Committee/Officer Recommendations to Council items 11.1 - 11.1.6, 11.1.10 - 11.2.4, 11.2.7 - 12.1.1, 12.1.5 - 12.1.7, 12.1.10, 12.2 - 12.2.3, 12.2.6 - 12.2.13, 13.1.2, 13.1.4 -13.2.2, 13.3.3, 13.3.5 - 13.3.6 and 13.4.1 - 13.6.3 and those items requiring an Absolute Majority, be carried with an Absolute Majority. CARRIED UNANIMOUSLY Page 286 ORDINARY COUNCIL MEETING MINUTES 14 29 MARCH 2011 MAYOR’S REPORT His Worship the Mayor, Cr Terry Kenyon, JP provided the Mayoral report on the following events; • • BOOMSHANKA - SATURDAY, 26 FEBRUARY 2011 o Skateboarding and BMX riding continues to be a popular, fast growing activity with youth within our communities – and because of that Boomshanka has become bigger, more challenging and grown in popularity. o Wotton Skate Park has proven itself to be a great venue to showcase local talent and continues to provide a safe venue for our BMX and skateboard enthusiasts. o Thanks to Cr Robinson, the Skatepark Committee and the City of Bayswater staff for putting together a great event. ART EXHIBITION OPENING – “THE LONG MARCH”- FRIDAY, 4 MARCH 2011 o In 2011 we celebrate the 100th anniversary of International Women’s Day, a global day celebrating the economic, political and social achievements of women past, present and future. o On Friday, 4 March an art exhibition titled “The Long March” was held in dedication of this celebration. o Unfortunately, I was unable to attend this exhibition opening, however the CEO, Cr Palmer and Cr Turkington attended and said it was a great night with some fantastic pieces of artwork on show created by some extremely talented women, many of which were contributed by local artists from the DoC Gallery. o My congratulations and special thanks to Rona Chadwick and all of the artists and people involved in organising and coordinating this exhibition, held to commemorate a very special and important event. • EVENING ON THE PARK - 11 MARCH 2011 • JAZZ CONCERT - 12 MARCH 2011 o I would like to thank the City's staff for organising two fantastic events on the weekend of the 11 and 12 March. o The first being a and Evening in the Park with music and free activities provided such as face painting and competitions for the whole family to enjoy and the other being a Jazz Concert at the Maylands Peninsula Golf Course These events were well attended and everyone there had a great time. Thanks to the City's Manager Library Services, Terry Fay and to our Events Officer Antoinette McIntosh for organising these great events. Page 287 ORDINARY COUNCIL MEETING MINUTES • • • REGIONAL CYCLE 21 MARCH 2011 NETWORK 29 MARCH 2011 MASTER PLAN FORUM - o The City of Bayswater was proud to provide a forum for the Regional Integrated Transport Strategy Action Plan which places a strong emphasis on increasing the accessibility for walking and cycling in Perth’s eastern region in alignment with the activity centres component of the state government’s spatial planning strategy, directions 2031. o The partnership we have formed between Curtin University, the EMRC and the six Council’s of Perth’s eastern region, is a strong approach which brings together a process that is replicated across the region. The process engages with our community in a meaningful way to develop a regional plan for cycle infrastructure that suits our needs. o Thank you to those members of the local community that attended and participated as the input from this forum will be a key component of information for the development of the Regional Cycle Network Master Plan. NEIGHBOURHOOD DAY o Neighbourhood Day is Australia’s annual celebration of community, bringing together the people next door, across the street or across the park for a beer, a barbie or just a cuppa. o Last week the City organized morning tea at two of our aged care facilities Mertome Retirement Village and the City of Bayswater Hostel. o It is the perfect occasion to say thanks for being a great neighbour and for being there when you needed them the most. IN APPRECIATION I would like to thank; o Activ Foundation for inviting me to their 60th anniversary celebrations as their Vice Patron. Back in 1951 a small group of families came together with the common goal of providing opportunities for their children with disabilities. Sixty years on, Active has become one of the largest disability service providers in WA. o I would like to thank the Bethlehem Lutheran Church in Morley for inviting me to officially welcome members of their congregation to Morley. o A great evening was enjoyed by all at the Patrons and Sponsors Evening for the Bayswater Tennis Club - thank you to the Club's members for all the hard work they put in throughout the year. o Thank you to the Bedford Morley RSL for inviting me to share afternoon tea with their members. I would like to take this opportunity to thank my fellow Councillors for attending functions on behalf of myself and the City of Bayswater. Page 288 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 15 AFFIXING OF COMMON SEAL 15.1 Authorisation for Affixing of the Common Seal COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that approval be granted for affixing of the Common Seal to the following documents: Document Details Withdrawal of Caveat - 50 River Road, Bayswater. Building Agreement - Lotterywest Maylands Multipurpose Centre Withdrawal of Caveat - 6 Rivergum Place, Morley Withdrawal of Caveat - 31 Hollister Way, Noranda Section 70A Notification - Lots 6-10 Strata Plan 62630 - 115 Leake Street, Bayswater No. of Documents 1 Council Resolution N/A For Approval or Ratification Approval 1 Ratification 1 Item 8.1 SCM 08.03.10 N/A 1 N/A Approval 1 N/A Approval Approval CARRIED UNANIMOUSLY Page 289 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR TERRY BLANCHARD MOVED, CR BARRY MCKENNA SECONDED that the meeting be closed to the public. CARRIED UNANIMOUSLY At 10:39pm, the doors were closed to the public and those members of the public present withdrew from the meeting.. 16 DISCUSSION OF MATTERS BEHIND CLOSED DOORS 16.1 Planning and Development Services 16.1.1 Status Report - Planning Complaints and Zoning Breaches Attachments: Status Report – Planning Compliance Officer: Director of Planning and Development Services CONFIDENTIAL ITEM CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Barry McKenna declared a financial interest in this item as his wife is a part owner of a property which is directly opposite a property mentioned in the report. At 10:40pm, Cr McKenna withdrew from the meeting. Application To advise Council of the status of unauthorised planning activities within the City. In accordance with Section 5.23 (2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (b) The personal affairs of any person. Voting Requirements Simple Majority Required. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR ALAN RADFORD MOVED, CR MIKE ANDERTON, JP SECONDED that Council receive this status report on the complaints regarding unauthorised planning activities, as contained in Attachment No. 1. CARRIED UNANIMOUSLY At 10:40pm, Cr McKenna returned to the meeting. At 10:40pm, Mrs Raylene Vucens, PA/Director Administration and Community Services, left the meeting. Page 290 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 16.2 Administration and Community Services 16.2.1 Generations Centre Family House Community Youth Project Officer: Director of Administration and Community Services Refer: Item 11.1: OCM 12.05.2009 Item 10.1.8: OCM 29.01.2002 CONFIDENTIAL ITEM MR DOUG PEARSON, DIRECTOR OF TECHNICAL SERVICES, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Mr Doug Pearson, Director of Technical Services, declared an impartial interest in this item as his daughter is a participant in the Generations Centre Youth Program. Mr Pearson remained in the room during voting on this item. Application To seek Council endorsement for the renewal of a lease agreement with Generations Centre for the Council owned premises located at Property No. 3298 located in Bayswater. The period requested is for two (2) years from 1 June 2011 to 31 May 2013. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (b) The personal affairs of any person. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR TERRY KENYON, JP MOVED, CR MARLENE ROBINSON SECONDED that this item be deferred. CARRIED UNANIMOUSLY Page 291 ORDINARY COUNCIL MEETING MINUTES 16.3 Technical Services 16.3.1 Unkempt Property Officer: Director of Technical Services 29 MARCH 2011 CONFIDENTIAL ITEM Application To seek Council’s endorsement of the issuing of a Notice to the owners of a property in Bayswater to permanently remove all disused materials, rubbish and excess vegetation from the property. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (b) The personal affairs of any person. (d) Legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR MIKE ANDERTON, JP MOVED, CR MARLENE ROBINSON SECONDED that: 1. Council endorses the issuing of a Notice to the owners of 10 Rosebery Street Bayswater under the provisions of Section 3.25 of the Local Government Act 1995, requiring them to permanently remove from their property all disused items, excess vegetation and rubbish within a period of 30 days, to the satisfaction of Council’s Manager Environmental Health. 2. Should the terms of the Notice not be complied with, Council engage contractors under the provisions of Section 3.26 (2) of the Local Government Act 1995, to undertake the required works. 3. All costs to the City of Bayswater associated with undertaking the terms of the Notice, to be recovered from the owners of 10 Rosebery Street Bayswater in accordance with Section 3.26 (3) of the Local Government Act 1995. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 292 ORDINARY COUNCIL MEETING MINUTES 16.3.2 29 MARCH 2011 Unkempt Properties Officer: Director of Technical Services CONFIDENTIAL ITEM CR SALLY PALMER DECLARED A FINANCIAL INTEREST In accordance with 5.60A and 5.65 of the Local Government Act 1995, Cr Sally Palmer declared a financial interest in this item on Monday,(28 March 2011), her company, through a colleague, has been invited to discuss the future of the property owner. Cr Palmer withdrew from the meeting at 10:43pm. Application To seek Council’s endorsement of the issuing of Notices an owner in Bayswater in relation to his unclean house and unkempt properties. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (b) The personal affairs of any person. (d) Legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting. Voting Requirements Simple Majority Required COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR MARLENE ROBINSON MOVED, CR SONIA TURKINGTON SECONDED that: 1. The Council endorses the issuing of Notices under the provisions of Section 3.25 of the Local Government Act 1995, requiring Mr Ernesto Iuculano, the owner of 53 Milne Street Bayswater and 408 Guildford Road Bayswater to permanently remove from his properties all disused items, shipping containers, unregistered vehicles, excess vegetation and rubbish within a period of 90 days, to the satisfaction of Council’s Manager Environmental Health. 2. The Council endorses the issuing of a Health Notice under the provisions of Section 139 of the Health Act 1911, requiring Mr Ernesto Iuculano to render clean his house at 53 Milne Street Bayswater within 90 days, to the satisfaction of the City of Bayswater’s Manager Environmental Health. 3. Should the terms of the Notices not be complied with, Council engage contractors under the provisions of Section 3.26 (2) of the Local Government Act 1995 and/ or Section 140 (1) of the Health Act 1911, to undertake the required works. 4. All costs to the City of Bayswater associated with undertaking the terms of the Notices, to be recovered as a debt due from Mr Iuculano in accordance with Section 3.26 (3) of the Local Government Act 1995 and/ or Section 140 (1) of the Health Act 1911. CARRIED UNANIMOUSLY At 10:44pm, Cr Palmer returned to the meeting. Page 293 ORDINARY COUNCIL MEETING MINUTES 16.3.3 29 MARCH 2011 Tender No. 10-2010 - Lightning Swamp Boardwalk Officer: Director of Technical Services CONFIDENTIAL ITEM CR TERRY BLANCHARD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Terry Blanchard declared an impartial interest in this item as one of the tenderers, sponsored the Institute of Public Works Engineers Australia's (IPWEA) State Conference in March 2011 and he is the immediate past President of the IPWEA. Cr Blanchard remained in the room during voting on this item. Application For Council to reconsider submissions received for Tender No. 10-2010 for the supply and installation of a boardwalk at Lightning Swamp, Noranda. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (c) A contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (e) (ii) A matter that if disclosed, would reveal information that has a commercial value to a person. Voting Requirements ABSOLUTE MAJORITY REQUIRED Page 294 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED that Council: 1. Award Tender No. 10-2010 - Lighting Swamp Boardwalk to Firma Industries Option 2 for a 75m boardwalk at Lightning Swamp in accordance with the tender specification. 2. Amends the 2010/2011 Budget as follows; Account E33800 F15900 F1600 F17300 F17400 C10200 G34600 3. Description Lightning Swamp Boardwalk Embleton Golf Course - Repair Damp Wall Outside Changeroom Embleton Golf Course - Redirect Drainage Maylands Golf Course Airconditioner in Office Maylands Golf Course - Repair Posts to Verandah Noranda Netball Court Resurfacing Lake Bungana Fountain Original Budget $60,000 $2,000 Revised Budget $110,501 $0 Surplus/ Deficit -$50,501 $2,000 $5,560 $0 $5,560 $7,773 $0 $7,773 $17,112 $0 $17,112 $241,230 $226,204 $15,026 $20,000 $16,970 Net Effect $3,030 NIL Officers continue to seek funding opportunities to complete the boardwalk to its original 100m length. CARRIED UNANIMOUSLY BY AN ABSOLUTE MAJORITY COUNCIL RESOLUTION – CONFIDENTIAL EN BLOC RESOLUTIONS CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED to en bloc the following Committee/Officer Recommendations to Council of Confidential Items 16.3.1, 16.5.1.1 - 16.5.2.1 and those items requiring an Absolute Majority, be carried with an Absolute Majority. CARRIED UNANIMOUSLY Page 295 ORDINARY COUNCIL MEETING MINUTES 16.4 Finance & Personnel Nil. Page 296 29 MARCH 2011 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 16.5 Reports of Management/Advisory Committees 16.5.1 Local Government Community Housing Program Committee – 16 March 2011 16.5.1.1 Community Housing Program - Wait List Officer: Director of Administration and Community Services CONFIDENTIAL ITEM Application For the Committee to assess the Community Housing Program Wait List and select a tenant for the next available vacancy. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (b) The personal affairs of any person. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR MIKE ANDERTON, JP MOVED, CR MARLENE ROBINSON SECONDED that 1. The recommendation as contained in the attached “Confidential” Report is accepted. 2. No applicant be selected for the next tenancy until further information is received. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION Page 297 ORDINARY COUNCIL MEETING MINUTES 29 MARCH 2011 16.5.2 Golf Course Management Committee – 21 March 2011 16.5.2.1 Charity Golf Day 2010 Debrief Location: Maylands Peninsula Public Golf Course Officer: Director Administration and Community Services CONFIDENTIAL ITEM Application To update the Golf Course Management Committee on the outcome of the 2010 Charity Golf Day. In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (e) (ii) A matter that if disclosed, would reveal information that has a commercial value to a person. COUNCIL RESOLUTION (COMMITTEE/OFFICER’S RECOMMENDATION) CR MIKE ANDERTON, JP MOVED, CR MARLENE ROBINSON that: 1. The report on the City of Bayswater 2010 Charity Golf Day be received. 2. The 2011 City of Bayswater Charity Golf Day be held on Thursday, 27 October at Maylands Peninsula Golf Course. CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the meeting be re-opened to the public. CARRIED UNANIMOUSLY At 10:47pm, the meeting was re-opened to the public, however, no members of the public returned to the meeting. Page 298 ORDINARY COUNCIL MEETING MINUTES 17 29 MARCH 2011 CLOSURE THERE BEING NO FURTHER BUSINESS TO DISCUSS, THE CHAIRPERSON, HIS WORSHIP THE MAYOR, CR TERRY KENYON, JP, DECLARED THE MEETING CLOSED AT 10:48PM. Page 299