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CITY OF BAYSWATER MINUTES OF THE ORDINARY MEETING OF COUNCIL 22 June 2010

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Page 1: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

CITY OF BAYSWATER

MINUTES

OF THE

ORDINARY MEETING

OF COUNCIL

22 June 2010

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ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page i

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 ...................................................................................2

4 APPLICATIONS FOR LEAVE OF ABSENCE ...................................................8

4.1 Applicant: Cr Marlene Robinson 8

4.2 Applicant: Cr Barry McKenna, Deputy Mayor 8

5 CONFIRMATION OF MINUTES .........................................................................8

5.1 Ordinary Meeting : 25 May 2010 8

5.2 Special Meeting : 1 June 2010 8

6 DISCLOSURE OF FINANCIAL INTEREST SUMMARY ................................9

6.1 Disclosures at Planning and Development Services & Administration and Community Services Committee 9

6.2 Disclosures at Technical Services & Finance and Personnel Committee 10

6.3 Disclosures at Ordinary Council Meeting 10

7 URGENT BUSINESS.............................................................................................12

7.1 Maylands Multipurpose Centre - Amendment to Upper Floor Ceiling Heights 12 Location: Lots 147-152 Ninth Avenue; Lots 158 - 163 No. 28

Eighth Avenue; and Lots 153-155 and 3193 - 3194, No.'s 192-198 Guildford Road, Maylands 12

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COUNCIL MEETING MINUTES 22 JUNE 2010

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7.2 Regional and Local Community Infrastructure Program (RLCIP) Round Two 16

8 PETITIONS ............................................................................................................18

9 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN...............18

9.1 Requests for Past Information 18

10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING ..................19

11 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE.........20

11.1 Planning and Development Services 27

11.1.1 Council Ratification of Planning Determinations under Delegated Authority 27

11.1.2 Subdivision and Amalgamation Responses under Delegated Authority 28

11.1.3 Building Licences Issued under Council's Policy for Single Residential Development 29

11.1.4 Modification to Dividing / Boundary Wall 30 Location: Lot 27, No 23 Watervista Place, Maylands 30 File No: DA07-0655.01 30

CR SYLVAN ALBERT DECLARED AN IMPARTIAL INTEREST 30

11.1.5 Change of Use – Showroom/Warehouse to Hire Service (Non-Industrial) 34 Location: Lot 9, Unit 9, No. 515 Walter Road East, Morley 34 File No: DA10-0308 34

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A PROXIMITY INTEREST 34

11.1.6 Change of Use - Warehouse to Health Studio and Associated Alterations 38 Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands 38 File No: DA10-0221 38

11.1.7 Alterations and Additions to Maylands Sports and Recreation Club 42 Location: Reserve 9323, No. 48 Clarkson Road, Maylands 42

ABSOLUTE MAJORITY REQUIRED 45

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COUNCIL MEETING MINUTES 22 JUNE 2010

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11.1.8 PAW between Camboon Road and Hinsley Place, Noranda 48 Location: Camboon Road and Hinsley Place, Noranda 48

11.1.9 Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands 52 Location: ROW at Lot 10 Central Avenue, Maylands 52

11.1.10 Naming of Laneways in Maylands Activity Centre 57 CR SYLVAN ALBERT DECLARED A PROXIMITY INTEREST 57

11.1.11 Use of Moojebing Reserve 64 Location: Reserve 20955, No 22 Moojebing Street, Bayswater 64

11.2 Administration and Community Services 68

11.2.1 Aquatic Facilities Management Report- May 2010 68

11.2.2 Ranger Services Management Report – May 2010 69

11.2.3 City of Bayswater Community Crime Prevention Forum 72

11.2.4 Annual Leave – Chief Executive Officer 76 THE CHIEF EXECUTIVE OFFICER, MS FRANCESCA LEFANTE DECLARED A FINANCIAL INTEREST 76

11.2.5 Annual General Meeting of Electors : 7 December 2009 78 ABSOLUTE MAJORITY REQUIRED 81

11.2.6 City of Bayswater Annual Art Awards 83

11.2.7 Rotary Club of Morley Community Fair October 2011 85

11.2.8 YouthCARE Chaplaincy Service 88

11.2.9 City of Bayswater Volunteer Function –Event Debrief 91

11.2.10 Strutt Reserve Noranda – Campania Association and Parking Matters 93

11.2.11 Russian Social Club of WA Inc – Request for Space Maylands Library 96

12 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE ........................................................................................................99

12.1 Technical Services 103

12.1.1 Rose Avenue Park Development Proposal 103

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COUNCIL MEETING MINUTES 22 JUNE 2010

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12.1.2 Mount Lawley Subway Beautification Proposal 111 Location: Intersection Guildford Road and Whatley Crescent,

Maylands 111

12.1.3 City of Bayswater Western Entry Landscaping Proposal 115 Location: Intersection Whatley Crescent and Guildford Road,

Maylands 115

12.1.4 Bayswater Senior Citizens Centre Request for Tree Removal 120 Location: Cnr King William Street and Olfe Street, Bayswater120

12.1.5 Removal of Cotton Palms 122 Location: 2 Walmsley Drive, Noranda 122

12.1.6 Department of Water - Winter Sprinkler Ban 124

12.1.7 Review of the Underground Power Advisory Committee 126

12.1.8 Parks and Leisure Australia National Conference 2010 131

12.1.9 EMRC Council Meeting – 20 May 2010 134 THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST 134 CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST 134 CR GRAHAM PITTAWAY DECLARED AN IMPARTIAL INTEREST 134

12.2 Finance and Personnel 136

12.2.1 Financial Reports for Period Ending 31 May 2010 136

12.2.2 Accounts Payable as at 15 June 2010 166

12.2.3 Investment Portfolio as at 31 May 2010 169

12.2.4 Donation - Edmund Rice Camps for Kids WA 172 THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST 172

12.2.5 Donation – Hillcrest Primary School 60th Anniversary 175

12.2.6 Donation – Replacement of Chairs at Memorial Hall – Bedford RSL 177

12.2.7 Donation – Medecins Sans Frontieres (Doctors Without Borders) 178

12.2.8 City of Bayswater Business Reference Group – Terms of Reference 179

CR SYLVAN ALBERT DECLARED AN IMPARTIAL INTEREST 179 CR MIKE ANDERTON, JP DECLARED AN IMPARTIAL INTEREST 179

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13 REPORTS OF MANAGEMENT/ADVISORY COMMITTEES....................184

13.1 Minutes of the RoadWise Advisory Committee - 1 June 2010 184

13.2 Minutes of the Local Emergency Management Committee 185

13.3 Minutes of the Security Watch Advisory Committee Meeting 187

14 MAYOR’S REPORT ...........................................................................................189

15 AFFIXING OF COMMON SEAL......................................................................192

15.1 Authorisation for Affixing of the Common Seal 192

16 DISCUSSION OF MATTERS BEHIND CLOSED DOORS...........................193

16.1 Planning and Development Services 193

16.1.1 Status Report - Planning Complaints/Zoning Breaches 193 THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST 194 CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST 194

16.1.2 Proposed Lease - Bayswater Community Financial Services Ltd 195 Location: Lot 39, No 14 King William Street, Bayswater 195

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST 195 CR ALAN RADFORD DECLARED A FINANCIAL INTEREST 195 CR SALLY PALMER DECLARED A FINANCIAL INTEREST 195 CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST 196 THE DIRECTOR OF FINANCE, MR TED BUDZINSKI DECLARED A FINANCIAL INTEREST 196

16.1.3 Retaining Wall 197 Location: Lot 106, No. 11 Hollister Way, Noranda 197

CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST 197 CR MIKE ANDERTON, JP DECLARED AN IMPARTIAL INTEREST 197

16.2 Administration and Community Services 199

16.3 Technical Services 200

16.4 Finance and Personnel 201

16.4.1 Outstanding Rates and Charges 201

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COUNCIL MEETING MINUTES 22 JUNE 2010

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16.5 Management/Advisory Committees 202

CLOSURE..............................................................................................................................203

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ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 1

CITY OF BAYSWATER

Minutes of the Ordinary Meeting of the Bayswater City Council which took place in the Council Chambers, City of Bayswater Administration Centre, 61 Broun Avenue, Morley on Tuesday, 22 June 2010.

M I N U T E S

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 7:03pm.

2 RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

2.1 Attendance, Apologies and Absence

COUNCIL RESOLUTION

CR MICHAEL SABATINO MOVED, CR SYLVAN ALBERT SECONDED that the following Attendance, Apologies and Absences be accepted:

Members West Ward

Cr Terry Kenyon, JP, Mayor Chairperson Cr Marlene Robinson Cr Terry Blanchard

Central Ward

Cr Barry McKenna, Deputy Mayor Cr Michael Sabatino Cr Sally Palmer

North Ward

Cr Alan Radford Cr Graham Pittaway, OAM Cr Mike Anderton, JP

South Ward

Cr Sonia Turkington Cr Sylvan Albert

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ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

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Officers

Ms Francesca Lefante Chief Executive Officer Mr Ted Budzinski Director of Finance Mr Des Abel Director of Planning and Development Services Mr Doug Pearson Director of Technical Services Ms Debbie Todorovic Executive Assistant Ms Deirdre Cooper A/Minutes & Agenda Coordinator Ms Wardia Du Toit PA – Director of Technical Services

Apologies

Nil.

Observers

1 Press 16 Public

Absence

Nil. CARRIED UNANIMOUSLY

2.2 Leave of Absence (Previously Approved)

CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the following Leave of Absence (Previously Approved) be accepted:

Cr Sonia Turkington from 23 June 2010 – 24 July 2010 inclusive

Cr Terry Blanchard from 24 June 2010 – 27 June 2010 inclusive

CARRIED UNANIMOUSLY

3 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.

1. Mr Michele Di Biase, 9 Deely Street, Maylands WA 6061 The following questions for the Council are in relation to Item 1.9 of the Planning and Administration Committee Agenda, resolved on 14 June 2010. Right of Way (ROW) Closure at Lot 10 Central Avenue Maylands.

Question 1: Which adjoining landowner’s objections did the Council take into account in making the decision on 14 June 2010 not to support the closure of the right of way on Lot 10 Central Avenue Maylands? (a) Did the Council take into account the objections of 40 Central Avenue Maylands? And

if yes, why did the Council take into account those objections considering the owners of 40 Central Avenue have no registered easement benefit over the Land?

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Mr Di Biase made the following comments on this question: The law states that you have to have 20 years of continual use of a prospective easement and that an adjoining owner gives license to a person to use his gate or entry to his land through his land and then can rescind that license and that license is not transferable to the new owners of No 40 this council has entered that information into the public domain. I have a supreme court action happening and this council has entered information that is false into the public domain. So that is a question that needs to be answered. (b) Why did the Council take into account the objections of 40 Central Avenue as they

have no claim to a prescriptive easement over the land, there being no continued use of the land as an easement by owners of 40 Central Avenue for a period of twenty years?

Question 2: Why did the Council decide to not support closure of the right of way on the basis, inter alia, that there is no crossover access from Peninsula Road to 205 Peninsula Road, when there is no crossover for the right of way of Lot 10 Central Avenue? Question 3: Has the Council in its decision taken into account the additional loss of land area due to enforced ROW widening as stated in on Page 101 of the Ordinary Council minutes of 26 June 2007. Mr Di Biase made the following comment on this question: You take three metres of me and then you want to take a further 3 metres of me because you’re going to enforce a widening that’s in your minutes. Question 4: Has the Council taken into account the invasion of privacy for the owners of 38 Central and 40 Central Avenue due to the lighting provisions that will be in place as per the statement on Page 101 of the Ordinary Council minutes of 26 June 2007. Mr Di Biase made the following additional comments on this question: That lighting will be provided on roads that’s in your minutes that’s putting an invasion of privacy on two parties. My other point, I now have a neighbour on 40 Central Avenue who presumes and believes because its in the Councils minutes they have access to my privately owner ROW they have no easement they have started trespassing they’ve started trying to remove the fence line because its actually been put in here as gospel fact because its in your summation. In your summation it states that in a WAPC development control policy 2.6 there is a line there, given that the ROW only services a maximum of three lots a 3 metre wide ROW is considered inappropriate at this point in time. It doesn’t service 3 lots, its an easement on two the third lot shouldn’t be there. Which brings me to the point that the study in 2007 is where the council made the first mistake on this – the first mistake was to take into account a gate on No 40 Central Avenue it did not have an easement you used a 2:1 ratio at that point in time and you basically created the whole problem since then. That’s my questions, the questions I need answers on.

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His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to these questions in writing as this was a matter for discussion at the Council meeting tonight and the item also contained a confidential attachment. A copy of Council’s written response can be located at Appendix 1. 2. Mr Ian Walters, 124 Lawrence Street, Bedford My question relates to the City’s Policy Number FS-P09 Investment of Council Funds. Question 1: I notice the City has invested at 31st May 2010 $13,873,364 with the National Australia Bank, which equates to 50.37% of Council’s investments. Mr Mayor as you are no doubt aware this breaches the City’s Management Guidelines – Counterparty credit framework (diversification). Mr Mayor Policy does not grant the Chief Executive Officer authority to implement the investment policy where such action is outside delegation. Please inform Council has approved NAB investment. His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to this question in writing. A copy of Council’s written response can be located at Appendix 2 3. Mr Tony Green, Bayswater City Residents Association (Inc.), PO Box 1639,

Morley WA 6943 Why are there workshop comments on page 70 of tonight’s agenda showing an intention to co-author conference reports with staff officers when this is completely at odds with the 7 December 2009 Electors AGM motion which referred exclusively to Elected Members? Why is this even being considered as an option when the BCRA motion deliberately made no mention of staff officers? Is this intended to avoid the Elected Member writing a report at all, but just using the staff officer’s? If the consideration is to co-author these reports, is it not reasonable to assume that the electors motion has not been considered correctly, as extra factors have been introduced, not by the mover, but by the Elected Members? If this is the case, then is it not true that the Council is in direct contravention of the Local Government Act of 1995 in regard to this matter? Will Council consider passing in this item so that it can be correctly addressed, as per the LG Act 1995? His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to the questions in writing. A copy of Council’s written response can be located at Appendix 3.

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4. Mrs Deborah Supanz, 6 Stirling Court, Noranda Reference to Strutt Way Reserve proposed parking. Question 1: Can the Council please tell me why they are spending $60,000 on a 30 bay car park when there are already 3 car parking areas already around Strutt Way Reserve? –and why this is being considered on a very small reserve with homes in very close proximity? Question 2: Is the Council aware that another car park will increase the noise, safety and security problems already evident at Strutt Way Reserve. His Worship the Mayor, Cr Terry Kenyon, JP advised that the City will be undertaking advertising for public comment prior to Council consideration of the car park, and would further respond to these questions in writing. A copy of Council’s written response can be located at Appendix 4. Mrs Supanz made the following comment after reading her questions: Mrs Supanz expressed her view on Council considering another car park at Strutt Reserve as it is a passive reserve, and that the 30 bay car park via Stirling Court which is a cul de sac with only 12 houses will be a safety issue. The Mayor advised on an incident that occurred to him when he visited the Campagna Club and that on leaving to go to his vehicle was told to “shut up and keep the noise down” by a resident and found that insulting. The Mayor further advised the Council will make a decision after public consultation. 5. Mr Ian Walters, 124 Lawrence Street, Bedford My question relates to the City’s investment in the Eastern Metropolitan Regional Council (EMRC). Question 1: At Ordinary Meeting of Council – 23 February 2010 I asked what procedures are in place to fully inform all City of Bayswater Councillors of EMRC investments and the frequency thereof. Mr Mayor, 4 months have passed and I have not received any update of your approach to the EMRC. When may I expect a response and why has no procedures been put in place? His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to the question in writing. A copy of Council’s written response can be located at Appendix 5.

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6. Mr Tony Green, Bayswater City Residents Association (Inc.), PO Box 1639, Morley WA 6943

Question 1: When will the City of Bayswater start investigating the installation of solar-powered street lighting? Question 2: Why does the City of Bayswater lag behind more environmentally minded, but considerably smaller Council’s like the Town of Bassendean in this regard? Question 3: What is the current power bill for mains-powered street lighting now running at? Question 4: What would be the break-even period for installing solar-powered street lighting at today’s electricity tariff? His Worship the Mayor, Cr Terry Kenyon, JP advised the City does have a trial at a reserve for solar lights and that he would respond further to these questions in writing. Mr Green commented on the Friends of Lightning Swamp disappointment on not receiving the grant funding. The Mayor advised the Federal Government released a further $100 million funding and the City intends to resubmit the proposal. A copy of Council’s written response can be located at Appendix 6. 7. Mr Christopher Fayle, PO Box 639, Morley WA 6062 Question 1: (Verbal) First of all Mr Mayor I asked you at the last meeting a couple of questions, I received a reply from the CEO stating yet again pursuing Section 5.9.5 of the Local Government Act the information you’ve requested will not be provided as this is not a current issue before Council and is considered that researching this matter will divert a substantial amount of unreasonable portion of the Council’s resources away from other functions. I asked you two questions that I expected you to answer from your own recollection and I’m going to ask again, do you recollect whether the Council and Councillors received a copy or a report on the submission that went to the CCC? Question 2: The second question Mr Mayor did you check or do you recall checking the submission for accuracy and is it a matter of some public infamy now that parts of that submission were rejected by the CCC as being inaccurate and or untrue? Question 3: The third question for you Mr Mayor, is it true that all the documents pertaining to the CCC investigation that were still held by the CCC have been returned to the City since the last Ordinary Council meeting of this Council?

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Question 4: Fourthly has any other party obtained any documentation or information regarding the CCC submission by any means from this Council and if so who and what was it? His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to these questions in writing, and that he was asking for information that goes back 5 years ago that is done and dusted and keep coming back with the same questions and is not willing to waste resources on it but will go back and respond in a letter as can not see what relevance it has to do with the COB as from today that was in 2005 and its now 2010 and would like to move forward. A copy of Council’s written response can be located at Appendix 7. Question 5: Mr Mayor with respect there is some relevance to the City of Bayswater, quite simply the matter has not been completed. There have been calls from members of the Council and also some of the more morally bankrupt people within the City for the figurative head of a Councillor of this Council and the matter will not be completed until such time as the matter has reached its natural conclusion, and it does concern the Council. The Mayor advised it had reached its natural conclusion and that the issues Mr Fayle has are matters for the CCC and suggested that he take them up with them. 8. Harvey Tonkin, 31 Deschamp Road, Noranda Question 1: I noticed in the section relating to the Underground Power Committee there’s a table here showing Committee meeting attendance. Is it possible for the rate payers to gain access to other committees so that we can see whether there’s, as in this underground committee you can see some people did not attend to the end which it could indicate at the start people were getting people to deputise for them and then towards the end no-one bothered and I just wandered if that occurred in other Committees and if we were able to have access. His Worship the Mayor, Cr Terry Kenyon, JP advised that he would respond to these questions in writing. A copy of Council’s written response can be located at Appendix 8. Public Question Time was closed at 7:23pm.

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4 APPLICATIONS FOR LEAVE OF ABSENCE

4.1 Applicant: Cr Marlene Robinson Cr Marlene Robinson has requested a leave of absence from 8 July 2010 through to 18 July 2010 inclusive. 4.2 Applicant: Cr Barry McKenna, Deputy Mayor The Deputy Mayor, Cr Barry McKenna has requested a leave of absence from 28 June 2010 through to 7 July 2010 inclusive.

COUNCIL RESOLUTION

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED that Leave of Absences be granted as follows:

Cr Marlene Robinson from 8 July 2010 – 18 July 2010 inclusive

Cr Barry McKenna, Deputy Mayor from 28 June 2010 – 7 July 2010 inclusive

CARRIED UNANIMOUSLY

5 CONFIRMATION OF MINUTES

5.1 Ordinary Meeting : 25 May 2010

CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED, that the Minutes of the Ordinary Meeting of Council held on Tuesday, 25 May 2010 which have been distributed, be confirmed as a true and correct record.

CARRIED UNANIMOUSLY

5.2 Special Meeting : 1 June 2010

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED, that the Minutes of the Special Meeting of Council held on Tuesday, 1 June 2010 which have been distributed, be confirmed as a true and correct record.

CARRIED UNANIMOUSLY

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6 DISCLOSURE OF FINANCIAL INTEREST SUMMARY

6.1 Disclosures at Planning and Development Services & Administration and Community Services Committee

COUNCIL RESOLUTION

CR SONIA TURKINGTON MOVED, CR SALLY PALMER 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:-

Date Name Item No.

14 June 2010 Ms Francesca Lefante Item 2.4 – Annual Leave Chief Executive Officer 14 June 2010 Cr Barry McKenna Item 3.1.1 – Status Report – Planning

Complaints/Zoning Breaches 14 June 2010 Cr Barry McKenna Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 14 June 2010 Cr Sally Palmer Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 14 June 2010 Cr Alan Radford Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 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:-

Date Name Item No.

14 June 2010 Cr Barry McKenna Item 1.5 – Change of Use Showroom/Warehouse to Hire Service (Non Industrial)

14 June 2010 Cr Sylvan Albert Item 1.10 – Naming of Laneways in Town Centre 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.

14 June 2010 Cr Alan Radford Item 3.1.1 – Status Report – Planning Complaints/Zoning Breaches

14 June 2010 Cr Sonia Turkington Item 3.1.3 – Retaining Wall

CARRIED UNANIMOUSLY

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6.2 Disclosures at Technical Services & Finance and Personnel Committee

COUNCIL RESOLUTION

CR MICHAEL SABATINO MOVED, CR MARLENE ROBINSON SECONDED that the following disclosures at the Technical Services & Finance and Personnel Committee 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.

15 June 2010 Cr Graham Pittaway Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Barry McKenna Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Alan Radford Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Barry McKenna Item 2.4 Donation – Edmund Rice Camps for Kids WA 15 June 2010 Cr Sylvan Albert Item 2.8 – City of Bayswater Business Reference

Group – Terms of Reference 15 June 2010 Cr Mike Anderton, JP Item 2.8 – City of Bayswater Business Reference

Group – Terms of Reference

CARRIED UNANIMOUSLY 6.3 Disclosures at Ordinary Council Meeting

COUNCIL RESOLUTION

CR MARLENE ROBINSON MOVED, CR SONIA TURKINGTON 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.

22 June 2010 Ms Francesca Lefante Item 11.2.4 – Annual Leave Chief Executive Officer 22 June 2010 Cr Barry McKenna Item 16.1.1 – Status Report – Planning

Complaints/Zoning Breaches 22 June 2010 Cr Barry McKenna Item 16.1.2 – Proposed Lease – Bayswater

Community Financial Services 22 June 2010 Cr Sally Palmer Item 16.1.2 – Proposed Lease – Bayswater

Community Financial Services 22 June 2010 Cr Alan Radford Item 16.1.2 – Proposed Lease – Bayswater

Community Financial Services

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22 June 2010 Cr Mike Anderton, JP Item 16.1.2 – Proposed Lease – Bayswater Community Financial Services

22 June 2010 Mr Ted Budzinski Item 16.1.2 – Proposed Lease – Bayswater Community Financial Services

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:-

Date Name Item No.

22 June 2010 Cr Barry McKenna Item 11.1.5 – Change of Use Showroom/ Warehouse to Hire Service (Non Industrial)

22 June 2010 Cr Sylvan Albert Item 11.1.10 – Naming of Laneways in Town Centre 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 June 2010 Cr Sylvan Albert Item 11.1.4 – Modification to Dividing/Boundary Wall

22 June 2010 Cr Graham Pittaway Item 12.1.9 – EMRC Council Meeting – 20 May 2010 22 June 2010 Cr Barry McKenna Item 12.1.9 – EMRC Council Meeting – 20 May 2010 22 June 2010 Cr Alan Radford Item 12.1.9 – EMRC Council Meeting – 20 May 2010 22 June 2010 Cr Barry McKenna Item 12.2.4 Donation – Edmund Rice Camps for Kids

WA 22 June 2010 Cr Sylvan Albert Item 12.2.8 – City of Bayswater Business Reference

Group – Terms of Reference 22 June 2010 Cr Mike Anderton, JP Item12. 2.8 – City of Bayswater Business Reference

Group – Terms of Reference 22 June 2010 Cr Alan Radford Item 16.1.1 – Status Report – Planning Complaints/

Zoning Breaches 22 June 2010 Cr Sonia Turkington Item 16.1.3 – Retaining Wall 22 June 2010 Cr Mike Anderton,JP Item 16.1.3 – Retaining Wall

CARRIED UNANIMOUSLY

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COUNCIL RESOLUTION CR SALLY PALMER MOVED, CR MICHAEL SABATINO SECONDED that Items 7.1 and 7.2 be dealt with as Urgent Business and that these Items be dealt with now.

CARRIED UNANIMOUSLY

7 URGENT BUSINESS

7.1 Maylands Multipurpose Centre - Amendment to Upper Floor Ceiling Heights Location: Lots 147-152 Ninth Avenue; Lots 158 - 163 No. 28 Eighth

Avenue; and Lots 153-155 and 3193 - 3194, No.'s 192-198 Guildford Road, Maylands

Attachments: Floor Plan of the Proposed Ceiling Heights to the Upper Level Floor

File No: DA09-0617 Applicant: City of Bayswater Owner: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 8.1 : SMC 17.3.2010

Item 8.1 : SMC 21.12.2009 Item 8.1 : SMC 14.10.2009 Item 13.5 : OMC 13.10.2009 Item 13.2 : OMC 8.9.2009 Item 13.5 : OMC 11.8.2009 Item 8.5 : SMC 1.7.2009

Application

To seek Council approval for the proposed change in the first floor ceiling height as a result of the builders ongoing design development of the project.

Background

Council at its Special Meeting of 14 October 2009 supported the detailed design concept plans for the Maylands Multipurpose Centre subject to several modifications being incorporated into the concept plans, including the following item:

‘b) to include ceiling heights for the upper floor to be 3.5metres’. As a result of the design development and simplification of the roof structure of the Maylands Multipurpose Centre, the builder, Pindan has developed the design to incorporate the addition of a roof plant deck to the upper level thus resulting in the upper floor ceiling heights being reduced to a number of areas.

This matter was referred to the Maylands Multipurpose Centre Project Control Group meeting on 15 June 2010, where the Group resolved that this item be referred to Council for consideration given the above Council resolution.

Comment

The simplified roof structure as designed and developed by Pindan has allowed for the discreet accommodation of a majority of the mechanical plant (air conditioning and air handling units) that will service the building.

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The design of the roof plant decking will improve the integrity of the roof structure through the reduction of services penetration and large mechanical units being distributed across large areas of the roof structure. The simplified design of the roof structure has also allowed the roof coverage to be increased and significantly reduce the risk of ongoing high level maintenance costs.

The development of the roof design has also resulted in the ceiling height being reduced to several areas on the upper floor. This has been necessary to accommodate the plant decking and the distribution of ducting throughout the ceiling space of the upper level to the facility.

To accommodate the new roof design, the upper floor ceiling height has been reduced from the specified 3500mm in the tender as follows:

1. Community facilities/offices - 2700mm; 2. Youth facility - 2700mm; 3 Passage (between kitchen and ablutions area) - 2700mm; 4. Gymnasium ablution and change room area - 2700mm; 5. Gymnasium appraisal room - 2700mm; 6. Function room kitchen and bar area - 2400mm; 7. Ablution area - 2400mm; and 8. Staff kitchen area - 2400mm. The ceiling height in the main areas of the upper floor function room, gymnasium and lobby is 3500mm. In correspondence received on 17 June 2010, Pindan advised that the reasons for the reduced upper floor ceiling height are that ‘a standard office ceiling are generally 2700mm high, reduced heating and cooling requirements, reduced heat load on the external facade which in turn reduces the energy consumption in this area by approximately 6%, ease of access to the mechanical equipment which is located above the ceiling, the addition of a roof plant deck and available ceiling void and finally the additional costs that would be required by the City of Bayswater to partition the area at a future date’.

As a point of reference, the minimum ceiling height required by the Building Code of Australia (BCA) for such areas range from 2100mm (for the kitchens, ablutions and passage) to 2400mm (for the community facilities/offices and youth facility if these areas do not individually accommodate more than 100 persons) to 2700mm (for areas accommodating more than 100 persons).

The proposed reduction of the upper floor ceiling height from the specified 3500mm in the tender is not considered to adversely affect the occupant safety, health or amenity of the facility, or the external aesthetics of the building.

In light of the above, the proposed upper floor ceiling height in the community facilities/offices, passage and youth facility, ablution, bar and kitchen areas are considered acceptable.

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Summary

As a result of the design development and simplification of the roof structure of the Maylands Multipurpose Centre, the builder is proposing a reduction in the upper floor ceiling height from the specified 3500mm in the tender in the community facilities/offices, passage and youth facility, ablution, bar and kitchen areas. The proposed ceiling heights are greater than that required by the BCA and is considered to result in reduced heating and cooling requirements and energy consumption. The proposed ceiling height is not considered to adversely affect the occupant safety, health or amenity of the facility, or the external aesthetics of the building. The proposed upper floor ceiling height is therefore considered acceptable.

Policy Implications

Nil

Financial Implications

Pindan and the City’s Project Manager, Donald Cant Watts Corke, have advised that based on the current design, the construction cost will be neutral whether or not the subject upper floor ceiling height is 3500mm or 2400-2700mm as proposed. There is no construction cost increase in raising the ceiling as the ceiling height is adjusted by installing shorter ceiling hangers. The structure already extends up to 3500mm high and is not required to raised or lowered in relation to the ceiling height. The ceiling height to the youth facility waiting, passage, ablution, bar and kitchen areas is determined by the mechanical plant deck above, which was lowered within the roof space to conceal the plant and provide a more aesthetically pleasing building. If the ceiling is raised in this area, there would need to be further consideration on concealing the plant as it would subsequently protrude above the roof line. The proposed lower ceiling heights would have reduced volume therefore lesser ongoing running costs associated with the operation of the facility (heating and cooling of the affected areas) and lower partitions (particularly in the community facilities/offices area).

Voting Requirements

Simple Majority Required.

Committee Recommendation to Council That Council approve the following ceiling heights in the upper floor of the Maylands Multipurpose Centre at Lots 147-152 Ninth Avenue; Lots 158 - 163 No. 28 Eighth Avenue; and Lots 153-155 and 3193 - 3194, No.'s 192-198 Guildford Road, Maylands:

1. Community facilities/offices - 2700mm;

2. Youth facility - 2700mm;

3 Passage (between kitchen and ablutions area) - 2700mm;

4. Gymnasium ablution and change room area - 2700mm;

5. Gymnasium appraisal room - 2700mm;

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6. Function room kitchen and bar area - 2400mm;

7. Ablution area - 2400mm; and

8. Staff kitchen area - 2400mm.

Council Discussion: Council resolved to address the subject upper floor ceiling heights and associated costs at the next meeting of the Project Control Group.

COUNCIL RESOLUTION

CR MICHAEL SABATINO MOVED, CR SYLVAN ALBERT SECONDED that: 1. The matter be deferred to the Project Control Group meeting to be held on

Tuesday 29 June, 2010 at 1:00pm for further consideration of the matters listed and the cost rational be provided to Councillors prior to the meeting.

2. The Project Control Group be granted delegated authority to deal with the issue

of ceiling heights and associated costs.

CARRIED UNANIMOUSLY

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7.2 Regional and Local Community Infrastructure Program (RLCIP) Round Two Officer: Director of Finance Refer: Item 14.3 OMC 10.11.09

Application

To provide Council with the outcome of the City’s applications under the Federal Government’s Regional and Local Community Infrastructure Program (RCLIP) Round Two.

Background

Round One of the RLCIP was launched by the Federal Government in November 2008 as part of the Nation Building Economic Stimulus Plan and comprised of two components;

• a non competitive component for local government ‘ready to start’ projects; and • a larger competitive component specifically for strategic regional projects.

Under the non-competitive local government component, the City received $263,000 to fund the extensions to the Bayswater Waves Gymnasium, landscaping of Halliday House and the development of Robert Thompson Reserve. The $10M contribution towards construction of the Maylands Multipurpose Centre was funded through the competitive strategic regional component. Applications Under Round Two

Round Two of the RLCIP was announced in June 2009. Again, this round comprised a non-competitive local government allocation and a competitive strategic regional component. At the Ordinary Meeting of Council of 10 November 2009, Council resolved that;

“1. The following projects be applied for under the $100 million Regional and Local Government Infrastructure Programme for a total cost of $98,000 :

• Bayswater Tennis Club – Estimated cost: $15,000

i) Resurfacing of walkway from upper car park to club area;

ii) Ground surfacing outside clubrooms.

• Maylands Yacht Club Disability Access - Estimated cost: $50,000

• Morley Senior Citizens Centre – Renovation of existing toilet facilities for the provision of an accessible disabled toilet for persons utilising the Centre – estimated cost $45,000 with the shortfall funded out of major capital works reserves.

2. The following project be applied for under the $120 million Strategic Projects Program for a grant of $1 million :

• Lightning Swamp Environmental Centre – Estimated cost $1 million with the City of Bayswater contribution to the project of $0.5 million funded from the Major Capital Works Reserve.

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3. Council consider additional projects to be applied for under the $120 million strategic projects program including foreshore development Riverside Gardens Café prior to the deadline for lodgement of grants in January 2010.”

Comment

The applications for the Bayswater Tennis Club and Morley Senior Citizen’s Centre projects were not approved due to these projects not meeting the funding criteria and therefore, all the requested funding was approved against the disability access at the Maylands Yacht Club. Accordingly, the City was successful in receiving funding of $98,000 for the disability access to the Maylands Yacht Club. This project is ready to commence pending the development approvals. Under the $120M Strategic Projects Program, unfortunately, the application for a $1.5M grant (as per final costings) for the Lightning Swamp Environment Centre with a Council contribution of $0.5M was not successful. The Department advised that the strategic component of Round Two was significantly over subscribed, with 393 applications requesting approximately $1.3 billion with only $120M actually being available for distribution. At this time, future rounds of the RLCIP have not been advised by the Federal Government however, the program is being closely monitored for opportunities to submit future applications.

Policy Implications

Nil.

Financial Implications

The $98,000 grant for the disability access at the Maylands Yacht Club has already been included in the current 2009/2010 budget.

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED the Committee recommendation that the report on the Regional and Local Community Infrastructure Program (RLCIP) Round Two be received.

CARRIED UNANIMOUSLY

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8 PETITIONS

8.1 Cr Graham Pittaway tabled an email from John Supanz, No. 6 Stirling Court, Noranda re: Proposed parking bays on Strutt Way Reserve. A copy of the petition is at Appendix 9

At 8:11pm, Cr Sylvan Albert withdrew from the meeting. 8.2 Cr Sally Palmer tabled a letter from Laurie Butler re: Langley Road speed

humps. A copy of the petition is at Appendix 10

At 8:13pm,Cr Sylvan Albert returned to the meeting. 8.3 Cr Terry Blanchard tabled a letter from himself re: ‘Information Available

to Councillors and the Public’. A copy of the petition is at Appendix 11

9 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

9.1 Requests for Past Information

CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the Item for consideration be:

That the past information required by any rate payer or Councillor for personal use, be on a paid by basis.

LAPSED COUNCIL RESOLUTION CR TERRY KENYON MOVED, CR BARRY MCKENNA SECONDED that Motion 9.1 be deferred.

CARRIED

VOTES FOR: VOTES AGAINST: Cr Terry Kenyon, JP Cr Michael Sabatino Cr Barry McKenna Cr Sonia Turkington Cr Sylvan Albert Cr Mike Anderton, JP Cr Marlene Robinson Cr Sally Palmer Cr Graham Pittaway Cr Terry Blanchard Cr Alan Radford

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At 8:45pm, Cr Mike Anderton, JP withdrew from the meeting. At 8:46pm, Cr Mike Anderton, JP returned to the meeting.

10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

CR MICHAEL SABATINO MOVED that the Item for consideration be: The City of Bayswater furnish all current Councillors sitting at the time of the CCC investigation in 2005 with the following information on the Crime and Corrupation Commission’s hearing file No 15.1.101 from the Council records:

• All Council reports, minutes and recommendations in relation to the CCC; • Copies of all solicitors invoices; • Breakdown of which individual officers or Councillors received legal expenses and

what amounts; • What was the total budget funding over the period put towards this specific issue in its

duration and up until the final report; • Reports from solicitor’s office; • All invoices paid to solicitors; • All correspondence to and from the CCC, the City’s legal representatives, officers,

Mayor and CEOs.

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COUNCIL DECISION - EN BLOC RESOLUTION

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED to en bloc the Committee recommendations of items 11.1.1 through to 11.1.3, 11.1.6, 11.1.8 through to 11.1.9, 11.1.11 through to 11.2.3, 11.2.6, 11.2.9, 11.2.11 through to 12.1.1, 12.1.4 through to 12.1.6, 12.1.8, 12.2.1 through to 12.2.3, 12.2.6, 12.2.7, 13.2 through to 13.3 and 16.4.1.

At 8:51pm, Cr Michael Sabatino withdrew from the meeting.

11 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE

Application

To inform the Council of the minutes of the meetings of the Planning and Development Services & Administration and Community Services Committee, which was held on 14 June 2010.

Background

A copy of the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee, which was held on 14 June 2010, follow this report.

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee which was held on 14 June 2010, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

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 14 June, 2010 commencing at 7:00 pm.

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

ELECTION OF ACTING CHAIRPERSON

In accordance with Section 5.12 of the Local Government Act 1995 the members of the Committee are to elect a chairperson (presiding member) from amongst themselves. At 7:00pm, the Chief Executive Officer took the Chair and called for nominations of Acting Chairperson for the Committee. CR MARLENE ROBINSON NOMINATED, CR GRAHAM PITTAWAY SECONDED that the Deputy Mayor, CR BARRY MCKENNA be elected Acting Chairperson, and there being no other nominations, CR BARRY MCKENNA was declared elected.

CARRIED UNANIMOUSLY At 7:00pm, CR BARRY MCKENNA assumed the Chair.

ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE

Members

Cr Barry McKenna, Deputy Mayor Acting Chairperson (Deputy for Cr Terry Kenyon) Cr Marlene Robinson Cr Sonia Turkington Cr Sylvan Albert Cr Graham Pittaway, OAM Cr Alan Radford Cr SallyPalmer (Deputy for Cr Michael Sabatino from 7:32pm)

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

Officers

Ms Francesca Lefante Chief Executive Officer Mr Des Abel Director of Planning and Development Services Mr Damien Martin Manager Planning Services Mr Joe Gomboc Manager Building Services Mr Shaun Nancarrow Manager Ranger & Security Services Ms Deirdre Cooper A/Minutes & Agenda Coordinator Mrs Raylene Vucens PA – A/Director Administration and Community Services Ms Siiri Clausnitzer Acting PA/Director Planning and Development Services

Apologies

Nil.

Leave of Absence

Cr Terry Kenyon, JP, Mayor (Attending Interstate Conference)

Absence

Cr Michael Sabatino

DELEGATED AUTHORITY BY COUNCIL / TERMS OF REFERENCE

Delegated Authority

There were no items appearing in these minutes for which the Planning and Development Committee been granted delegated authority to act by the Council in accordance with Section 5.23 of the Local Government Act 1995 and therefore the meeting was not open to the public.

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.

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

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

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.

14 June 2010 Ms Francesca Lefante Item 2.4 – Annual Leave Chief Executive Officer 14 June 2010 Cr Barry McKenna Item 3.1.1 – Status Report – Planning

Complaints/Zoning Breaches 14 June 2010 Cr Barry McKenna Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 14 June 2010 Cr Sally Palmer Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 14 June 2010 Cr Alan Radford Item 3.1.2 – Proposed Lease – Bayswater

Community Financial Services 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:-

Date Name Item No.

14 June 2010 Cr Barry McKenna Item 1.5 – Change of Use Showroom/Warehouse to Hire Service (Non Industrial)

14 June 2010 Cr Sylvan Albert Item 1.10 – Naming of Laneways in Town Centre 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.

14 June 2010 Cr Alan Radford Item 3.1.1 – Status Report – Planning Complaints/Zoning Breaches

14 June 2010 Cr Sonia Turkington Item 3.1.3 – Retaining Wall

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FOR INFORMATION ONLY This page does not form part of the Council minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

CONFIRMATION OF MINUTES

CR GRAHAM PITTAWAY MOVED, CR SONIA TURKINGTON SECONDED that the Minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee meeting held on Monday, 17 May 2010, which had been circulated, were confirmed as a true and correct record.

CARRIED UNANIMOUSLY

DEPUTATIONS

Deputations are closed to the public. (i) Change of Use - Warehouse to Health Studio and Associated Alterations

Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands File No: DA10-0221 Applicant: Luke Dimasi Owner: Schulstad Engineering Pty Ltd Officer: Director of Planning and Development Services

In relation to Item 1.6, Mr Luke Dimasi (the applicant) was in attendance at the meeting from 7:08pm to 7:14pm speaking for the item. (Refer page No 18.) (ii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands

Location: ROW at Lot 10 Central Avenue, Maylands Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

In relation to Item 1.9, Ms Belinda Wong and Mr Adrian Irdi (Solicitors acting on behalf of the landowner of No 205 Peninsula Road, Maylands) and Anna Kosky (landowner of No 205 Peninsula Road, Maylands) were in attendance at the meeting from 7:22pm to 7:28pm speaking against the closure of the ROW. (Refer page No 33.) (iii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands

Location: ROW at Lot 10 Central Avenue, Maylands Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

In relation to Item 1.9, Mr Michele Di Biase and Ms Nelly Vidovich (landowners of No 38 Central Avenue, Maylands) were in attendance at the meeting from 7:38pm to 8:04pm speaking for the closure of the ROW and distributed additional information (refer Attachment No.2) (Refer page No 33.) At 8:05pm, Ms Siiri Clausnitzer left the meeting and did not return.

(iv) City of Bayswater Community Crime Prevention Forum In relation to Item 2.3, Mr Shaun Nancarrow (Manager Rangers and Security) was in attendance at the meeting from 8:46pm to 9:08pm giving a presentation of the Crime Prevention forum (refer Attachment No.7). (Refer page No 52.)

At 8:48pm, Mrs Raylene Vucens entered the meeting during the presentation. (v) Proposed Lease - Bayswater Community Financial Services Ltd

Location: Lot 39, No 14 King William Street, Bayswater Applicant: Bayswater Community Financial Services (BCFS) Owner: City of Bayswater Officer: Director of Planning and Development Services

In relation to Item 3.1.2, Mr Sean Kay (Branch Manager, Bayswater Community Financial Services Ltd) will be in attendance at the meeting from 8:15pm speaking on the item. (Refer page No 75.) This deputation was withdrawn prior to the meeting. Cr Robinson withdrew from the meeting at 8:14pm and returned to the room during deputation (vi) at 8:20pm.

Cr Sonia Turkington withdrew from the meeting at 8:15pm and did return until the end of deputation (vi). (vi) Retaining Wall

Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services

In relation to Item 3.1.3, Mr Ray Sparta (the owner) and Mr Sam Genovese (representing the owner of 11 Hollister Way, Noranda) were in attendance at the meeting from 8:16pm to 8:30pm speaking against the item and distributed additional information (refer Attachment No. 4). (Refer page No 82.) At 8:40pm, Mr Damien Martin withdrew from the meeting during discussion of deputation (vii) and returned to the room at 8:43pm.

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 JUNE 2010

(vii) Retaining Wall

Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services

In relation to Item 3.1.3, Mr Mark La Cava (owner of 13 Hollister Way, Noranda) was in attendance at the meeting from 8:33pm to 8:44pm speaking for the item and distributed photographs (refer to attachment No. 5). (Refer page No 82.) At 8:45pm, Cr Sonia Turkington returned to the room.

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11.1 Planning and Development Services

11.1.1 Council Ratification of Planning Determinations under Delegated Authority Attachment: Delegated Authority - 01/05/2010 – 31/05/2010 Officer: 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 2008 and Council’s policies.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council receive the Planning Determinations issued for the period 1 May 2010 to 31 May 2010 by the City’s Director of Planning and Development Services and Manager Planning Services in accordance with Council’s Policy – Delegated Authority, as contained in Attachment 1.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.2 Subdivision and Amalgamation Responses under Delegated Authority Attachment: Delegated Authority Subdivisions - 01/05/2010 – 31/05//2010 Officer: Director of Planning and Development Services

Application

The subdivision and amalgamation applications contained in Attachment 1 comply with the provisions of the City’s District Zoning 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 RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council receive the subdivision and amalgamation applications for which comment has been provided to the Western Australian Planning Commission for the period 1 May 2010 to 31 May 2010, as contained in Attachment 1.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.3 Building Licences Issued under Council's Policy for Single Residential Development Attachment: Delegated Authority - 01//05/2010 – 31/05/2010 Officer: 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 2008 and Council’s policies.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council receive the Building Licences issued for single residential development for the period 1 May 2010 to 31 May 2010 by the City’s Building Services Section, in accordance with the Building Code of Australia, Residential Design Codes 2008 and Council’s policies, as contained in Attachment 1.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.4 Modification to Dividing / Boundary Wall Location: Lot 27, No 23 Watervista Place, Maylands Attachments: No. 1 - Location Map & Photo

No. 2 - Detailed Plans File No: DA07-0655.01 Applicant: M. Bielawski Owner: A & M Bielawski Officer: Director of Planning and Development Services Refer: Item 16.1.2: OCM : 23.02.2010 Item 12.3.13: OCM : 25.03.2008

At the Planning and Development Services & Administration and Community Services Committee meeting: CR SYLVAN ALBERT DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, CR Sylvan Albert declared an interest in this item as his name was raised when this item came to Council previously(refer 16.1.2 OMC 23.02.10).

Cr Sylvan Albert remained present during discussion and voting of the item.

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 his name was raised when this item came to Council previously (refer 16.1.2 OMC 23.02.10)

Cr Sylvan Albert remained present during discussion and voting on the item.

Application Revised plans dated 23 May 2010 have been received for a modification to the approved height of the existing south-eastern dividing / boundary wall at Lot 27, No. 23 Watervista Place, Maylands. The application involves an increase in height of the dividing / boundary brick wall adjacent to the common boundary with No. 25 Watervista Place, Maylands.

Council consideration is required as the height of the dividing / boundary wall exceeds the height limit under the Peninsula Golf Estate Design Guidelines.

Background

Town Planning Scheme No. 24 Zoning: Medium and High Density Residential R30

Use Class: Single House ‘P’

Lot Area: 300m²

Existing Land Use: Single House

Surrounding Land Use: Single House, Local Public Open Space

Size/Nature of Proposed Development: Increase in height of dividing wall (brick fence)

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SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks -

Front

4 metres 4.5 metres

Fence Height 1.8 metres 3.2 metres Following investigations by the City in relation to the height of the parapet wall on the opposite side boundary with No. 21 Watervista Place, Maylands, the City became aware that the dividing / boundary wall on the boundary with No. 25 Watervista Place was not constructed in accordance with the relevant planning approval and building licence. Council at the Ordinary Meeting on 23 February 2010 resolved to issue formal notices to the owner and builder of the subject site in relation to the constructed height of the garage parapet/boundary wall on the boundary with No. 21 Watervista Place, Maylands. The owner of the property has lodged an Application for Review against the subject notices regarding the constructed height of the parapet wall adjoining No. 21 Watervista Place with the State Administrative Tribunal (SAT). A Full Hearing on the matter is scheduled for 7 July 2010. The current application is seeking approval for the increased height of the south-eastern brick wall, and is not considered to have any implications with regard to the matter before the SAT regarding the impact of the parapet / boundary wall on the boundary with No. 21 Watervista Place, Maylands.

Comment The application has been assessed against the requirements of the Town Planning Scheme No. 24 (TPS 24) and Council Policies and Local Laws and is considered to comply with all requirements with the exception of the height of the subject wall.

The wall has the function of a boundary fence, but given the height and relationship to the building is considered to be a boundary wall. For information only, the Peninsula Golf Estate Design Guidelines states that a boundary fence, should be limited to a height of 1.8 metres measured from the natural ground level. The dividing / boundary wall the subject of this application is located adjacent to the garage boundary wall with No. 25 Watervista Place, Maylands. The height of the wall will result in the structure being at approximately the same height as the abutting garage parapet/boundary wall on No. 25 Watervista Place, Maylands. The front setback of the wall at 4.5 metres is approximately the same as the adjoining garage parapet/boundary wall. The adjoining landowner has indicated that they have no objection to the subject wall height. The height of the wall is considered to be acceptable from an amenity perspective, as it screens the parapet/boundary wall from the adjoining property, and is not considered to unduly affect the amenity of the adjoining property or the amenity of the streetscape. In areas coded Medium and High Density Residential R30, parapet/boundary walls are permitted to be constructed to a maximum height of 3.5 metres with an average height of 3.0 metres. In this regard the maximum height of the fence is 3.3 metres with an average height of 2.8 metres.

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Council has the ability to consider the wall under performance. It is considered that the height, length and location of the wall are acceptable. Notwithstanding, the characteristics of the wall have been considered under performance, given that any variations to the provisions of the Peninsula Golf Estate Design Guidelines are required to be considered against the performance criteria of the Residential Design Codes (R Codes). The relevant performance criteria of the R Codes state boundary walls should make effective use of space; or enhance privacy; or otherwise enhance the amenity of the development; 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 wall satisfies the above performance criteria. Based on the above, the height of the wall is not considered to unduly affect the amenity of the area and is recommended for approval subject to the conditions contained in the officer’s recommendation.

Summary An application seeking approval for a dividing / boundary wall to a height of 3.2 metres will allow the wall to be the same height and approximately the same front setback as the garage boundary wall on the adjoining property at No. 25 Watervista Place, Maylands. The adjoining landowner has indicated no objection to the height of the wall.

The application is recommended for approval subject to conditions, including a condition requiring the applicant to provide confirmation of the constructed height of the wall.

Voting Requirements Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SYLVAN ALBERT MOVED, CR SALLY PALMER SECONDED the Committee recommendation that Planning Approval be granted for the dividing / boundary wall at Lot 27, No. 23 Watervista Place, Maylands in accordance with the application DA08-0655.01 and revised plans dated 23 May 2010 subject to the following planning conditions:

1. This approval is valid for a period of two 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 certificate endorsed by the City must be obtained.

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5. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should the applicant/owner wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, the applicant/owner must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961.

6. 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.

7. The applicant/owner to provide an ‘as constructed’ plan showing the final as constructed height of the subject wall to the satisfaction of the Manager of Planning Services.

CARRIED UNANIMOUSLY

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11.1.5 Change of Use – Showroom/Warehouse to Hire Service (Non-Industrial) Location: Lot 9, Unit 9, No. 515 Walter Road East, Morley Attachments: No. 1 - Location Plan and Site Photos

No. 2 - Detailed Plans File No: DA10-0308 Applicant: Daniel Bertogna Owner: Hempway Pty Ltd Officer: Director of Planning and Development Services Refer Item 11.1.10: OCM 25.05.2010

Item 11.1.8: OCM 02.02.2010 Item 13.4: OCM 28.07.2009 Item 12.3.14: OCM 24.07.2007

At the Planning and Development Services & Administration and Community Services Committee meeting: THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A PROXIMITY INTEREST In accordance with Section 5.60B and 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an interest in this Item as his wife is 25% owner of the property in Stoke Place, which directly abuts 515 Walter Road East, Morley.

Cr Barry McKenna withdrew from the meeting at 9.20pm. In accordance with Section 5.12 of the Local Government Act 1995 the members of the Committee are to elect a chairperson (presiding member) from amongst themselves.

At 9:20pm, the Chief Executive Officer called for an Acting Chairperson. CR GRAHAM PITTAWAY NOMINATED, CR SONIA TURKINGTON SECONDED, that CR MARLENE ROBINSON be elected Chairperson. There being no further nominations CR ROBINSON was declared elected.

CARRIED UNANIMOUSLY

At 9:21pm, CR MARLENE ROBINSON assumed the Chair.

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A PROXIMITY INTEREST In accordance with Section 5.60B and 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an interest in this item as his wife is 25% owner of the property in Stoke Place, which directly abuts 515 Walter Road East, Morley. At 8:56pm, Cr Barry McKenna withdrew from the meeting.

Application

MRS Form 1 and plans dated 4 May 2010 have been received for a change of use from showroom/warehouse to hire service (non-industrial) at Lot 9, Unit 9, No. 515 Walter Road East, Morley.

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Background

The applicant is the proprietor of the Major DVD and Games Centre outlet which is currently located nearby at Lot 755, No. 484 Walter Road East, Embleton. The applicant intends to move the business from this location to the subject site at Unit 9, No. 515 Walter Road East, Morley. The unit is currently vacant and has not been occupied by a business since the completion of the complex in 2008.

Town Planning Scheme No. 24 Zoning: Light Industry

Use Class: Hire Service (Non-Industrial) – ‘D’

Lot Area: 135m²

Existing Land Use: Vacant

Surrounding Land Use: Showroom/Warehouse, Fast Food Outlet and Residential

Size/Nature of Proposed Development: Change of Use

SCHEME PROVISIONS REQUIRED PROVIDED

Parking 10 bays 6 bays The site received planning approval by Council on 24 July 2007 for a showroom/warehouse complex with 159 parking bays. The unit proposed to be used as the subject hire service (non-industrial) was approved with six parking bays. Council has previously approved the following change of use applications in the complex with parking shortfalls:

CHANGE OF USE APPLICATION

PARKING REQUIRED

PARKING PROVIDED

PARKING SHORTFALL

COUNCIL APPROVAL

DATE

Showroom/Warehouse to Convenience Store – Unit 7 12 bays 9 bays 3 bays 28/07/2009

Showroom/Warehouse to Fast Food Outlet – Unit 6 11 bays 5 bays 6 bays 02/02/2010

Showroom/Warehouse to Fast Food Outlet – Unit 10 9 bays 5 bays 4 bays 25/05/2010

Comment

Assessment of the application indicates that it complies with the provisions of TPS 24 and Council Policy with the exception of a shortfall in the required onsite parking and the land use of hire service (non-industrial) is listed as a discretionary use under the City of Bayswater TPS 24.

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Appropriateness of Use The site is zoned ‘Light Industry’ under the provisions of TPS 24. The use of hire service (non-industrial) is listed as a discretional use under TPS 24. The definition of a hire service (non-industrial) under TPS 24 is as follows:

“Hire Service (Non-Industrial): means any land or buildings used for offering for hire or rent of goods of a non bulky nature which does not include large mechanical devices or equipment.”

The applicant has indicated that the proposed use is for a DVD and video game hire service business to be open from Monday to Friday during the hours of 10am to 10pm and Saturday to Sunday during the hours of 9am to 10pm. The applicant proposes to employ up to six overall staff with a maximum of two working onsite at a time. The proposal provides for six (6) parking bays which are addressed further in this report.

The proposed hire service business is to be located at the front of the subject site adjacent to an approved fast food outlet. This area of the site is considered to be suitable for short term high turnover customer traffic as there are ample parking bays after business hours and two vehicular access points to Walter Road East.

It is noted that the busiest times for customer visits are expected to be after 5pm on weekdays and during weekends. The applicant has stated that it is expected that there will be an average weekly customer turnover of 400 persons, 80% of which are expected during the hours of 6pm to 8pm Monday to Sunday. As noted earlier in this report the applicant is currently operating from nearby premises at No. 484 Walter Road East, Morley. It not considered that a relocation of the existing premises will result in an undue impact upon the amenity of the surrounding area.

Parking The proposal makes provision for six parking bays on the site, which are the bays proportionately assigned to the subject tenancy. Development standards for a hire service (non–industrial) are not specified under TPS 24 so the proposal has been assessed in accordance with the parking requirements of a shop. Accordingly parking is required to be provided at seven bays per 100m², which results in 10 parking bays required based on the 135m2 floor area of the tenancy, representing a shortfall of four bays. The site overall provides a total of 159 bays.

Whilst the proposed hire service (non-industrial) may generate more overall traffic than the existing approved use of showroom/warehouse, the nature of this use will be a short term parking use, commensurate with high turnover parking, thereby ameliorating any potential parking issue. In addition to this, the proposed hours of operation for this use is largely outside general business hours, with peak demand for onsite parking expected to occur between the hours of 6pm to 8pm. It can be expected that demand for onsite parking at the subject site outside general business hours would be reduced.

There is also likely to be some overlap with some customer visiting more than one business on the site, with the approved fast food outlets at Units 10 and 6 and the approved convenience store at Unit 7 serving as multiple purpose trip generators. It is further considered that a reasonable amount of customers will walk to this outlet from surrounding residential areas due to the nature and contextual location of the outlet and an existing local customer base carrying over from the current location at No. 484 Walter Road East. Given the above and the large number of total bays on site, the parking shortfall is considered to be acceptable in this instance.

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Summary

Assessment of the application indicates that it complies with TPS 24 and Council Policy with the exception of a shortfall in the required onsite parking. The land use of hire service (non-industrial) is also listed as a discretionary use under TPS 24. The parking shortfall is considered to be mitigated by the likelihood of short customer visits and the availability of additional parking within the complex during off peak hours. Given that the proposed business already operates within close proximity of the subject site, the proposed change of use is considered to not create an undue impact on the surrounding area in terms of appropriateness of use. Accordingly, the proposal is recommended for approval.

Voting Requirements Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR GRAHAM PITTAWAY MOVED, CR MIKE ANDERTON, JP SECONDED the Committee recommendation that Planning Approval be granted for the proposed change of use to hire service (non-industrial) at Lot 9, Unit 9, No. 515 Walter Road East, Morley, in accordance with the application and plans dated 4 May 2010, subject to the following planning conditions:

1. This approval is valid for a period of two 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. 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.

4. The development complying with any details marked in red on the approved plans.

5. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997.

6. No retailing to be undertaken on the premises to the satisfaction of the City of Bayswater.

7. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater.

8. Compliance with the City of Bayswater Health Local Laws.

At 8:56pm, the Deputy Mayor Cr Barry McKenna returned to the meeting.

At the Planning and Development Services & Administration and Community Services Committee meeting:

At 9:23pm, the Deputy Mayor Cr Barry McKenna returned to the meeting and resumed the Chair.

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11.1.6 Change of Use - Warehouse to Health Studio and Associated Alterations Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands Attachments: No. 1 - Location Plan and Site Plan

No. 2 - Detailed Plans File No: DA10-0221 Applicant: Luke Dimasi Owner: Schulstad Engineering Pty Ltd Officer: Director of Planning and Development Services Refer: Item 11.1.7: OCM 25.05.2010

Application

MRS Form 1 and plans dated 26 March 2010, and amended plans dated 1 April 2010 have been received for a change of use from a warehouse to a health studio at Lot 75, Unit 1, No 11 Foundry Street, Maylands. The existing unit is vacant; the City’s records indicate that it was most recently used for the purposes of storage and repairs by a business named ‘Safari Treks’. Council consideration is required as the applicant has requested Council dispensation in relation to the car parking requirements of the Scheme.

Council at its meeting on 25 May 2010 resolved that this Item be deferred to enable further information to be provided on the possibility of providing car parking on the adjoining verge and its impact on the adjacent residential area.

In support of the proposal the applicant has advised the following: • The business is intended to provide physical fitness training to small groups of customers; • Additional parking is available within the strata unit complex during evenings after 5pm; • Further parking is available on the council road reserve abutting the subject site; • The times of peak business will be from 6am to 10am and 4pm to 7pm; and • A maximum of 15 people will be onsite during peak times.

Background

The neighbouring premises at No. 9 Foundry Street were approved for the use of showroom/warehouse and private gym by Council on 21 November 2001. The gym area was approved for use by staff members only and is not open to customers. The premises continue to be used for the sale of items and bulky goods pertaining to physical fitness.

Town Planning Scheme No. 24 Zoning: General Industry

Use Class: Health Studio – ‘D’

Lot Area: 2009 m²

Existing Land Use: Warehouse

Surrounding Land Use: General Industry/Residential

Size/Nature of Proposed Development: Health Studio Council at its meeting on 25 May 2010 considered the application and resolved to defer determination of the item until matters regarding parking had been further clarified.

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SCHEME PROVISIONS REQUIRED PROVIDED

Parking 23 bays 9 bays (7 additional bays available after 5pm)

Comment

Assessment of the application indicates that it complies with the provisions of Town Planning Scheme No. 24 (TPS 24) and Council Policy with the exception of a shortfall in the required onsite parking. TPS 24 requires 23 bays to be provided for the subject site. nine bays have been provided resulting in a shortfall of 14 car bays, although it is noted that a further seven onsite parking bays are available during the projected periods of peak activity after 5pm. Appropriateness of Use The site is zoned ‘General Industry’ under the provisions of TPS 24. The use of ‘health studio’ is listed as a discretional use under TPS 24. The definition of a health studio under TPS 24 is as follows: “Health Studio: means land and buildings designed and equipped for physical exercise, recreation and sporting activities.”

The applicant has indicated that the proposed use is for a group physical training business to be open during the hours of 6am to 8pm during weekdays and 7am to 12pm on Saturdays. The applicant proposes to employ two staff members on site, although the applicant has stated that a further two employees will work offsite. The area of the unit to be used for the proposed use measures 313m2. The premises are located within an area that is zoned as General Industry; however the site is adjacent to a residential area. The commercial nature of the proposed use is considered to have less impact upon the amenity of the locality than other uses that may possibly be permitted under a General Industry zoning. The proposed use is not dissimilar to the existing use of the neighbouring premises at No. 9 Foundry Street. Furthermore it is considered that a mixture of commercial and residential development is in keeping with the established pattern of land uses in the vicinity of the Maylands town centre. The applicant has stated that the business will be centred primarily on ‘one on one’ personal fitness training sessions by appointment only. Although group training sessions are proposed to be undertaken from the site the applicant has advised that they will account for about 20% of customer visits, are not proposed to take place after 7pm and will provide for a maximum of 12 customers at a time. Hence it is not considered that the operation of group classes from the site will result in undue disruption or impact upon the amenity of neighbouring residents in the vicinity of Foundry and Morrison Streets in Maylands. Parking The proposal makes provision for 9 parking bays on the site. Under the provisions of TPS 24, parking is required to be provided for a health studio at 1 bay per 15m² of floor area and a further one bay per staff member, which results in 23 parking bays representing a shortfall of 14 bays.

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There are at least three potential parking bays available on Foundry Street directly outside the premises. The applicant has indicated that a further seven onsite parking bays are available within the strata complex after 5pm. These bays will increase the parking provision during evenings to 16 bays representing an overall parking shortfall of seven bays during those times.

As encompassed in the Addendum contained within the Council Agenda dated 25 May 2010 relating to this item, the City's Engineering Services Section has advised that the verge adjacent to the industrial and commercial properties along Foundry Street is of an insufficient width to install angled parking. Whilst it is considered feasible to install an additional three parallel bays, this would only replicate bays currently available on the road reserve. Furthermore as parking restrictions do not apply in the vicinity of Foundry Street the benefit of dedicated parking bays on the road reserve its considered to be minimal. It is however considered prudent that the verge adjacent to the subject site is paved and drained so that informal spillover verge parking can be more readily accommodated. The applicant has stated no objection to upgrading the verge at the applicant’s expense.

The applicant has stated that the maximum amount of people onsite that is considered to be feasible is no more than 15.

The peak hours are predominately outside of the standard business hours of 8.30am to 5pm. The subject site is approximately 550m from the Maylands town centre. Given the proximity of both the Meltham and Maylands train stations (500-600m) and public transport bus service on Guildford Road, it is considered that some customers who live and work in the vicinity will use public transport or walk to the premises. The applicant has further advised it is expected that many clients will cycle or be dropped off at the site.

Residential zones are located on the opposite side of Foundry Street. These areas are zoned Medium and High Density Residential – R50 and are in close proximity to Guildford Road and the Maylands town centre. As many of the residential properties near the subject site are relatively small in size many residents and visitors park in the street. This is particularly the case on Morrison and Ferguson Streets.

If the maximum amount of people on the premises does not exceed 15 after the hours of 5pm then there will be at least 16 parking bays available for customers and staff within the subject property after this time. Condition 6 of the officer’s recommendation addresses this possible issue by limiting the maximum amount of people on site to no more than 15. Furthermore the applicant has advised that group training sessions will not operate back to back thereby alleviating the potential pressure on parking during changeover periods. Accordingly it is not considered that the proposed change of use will result in an undue impact upon the amenity of surrounding residents with regards to parking.

Given the above, it is considered that during the morning peak period of operation, there would be adequate onsite parking and potential on street parking to sufficiently cater for the projected amount of customers. During the evening peak period, it is considered that there would be sufficient onsite parking to accommodate the maximum amount of 15 persons that the applicant has stated will be onsite at any one time as there will be 16 parking bays available onsite during the projected peak periods of the health studio. It is considered that any spillover parking that does arise from the use of the site as a health studio will not unduly impact on neighbouring residential properties, particularly given that the residential properties along Foundry Street have an existing interface with commercial and industrial activities.

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Summary

The proposal for a health studio is considered to be appropriate considering that nature of the surrounding urban context. The shortfall in car parking is considered to be mitigated by the likelihood of additional after hours parking within the strata complex and the relatively small amount of visitors that are expected to be onsite. The proposal is recommended for approval.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Planning Approval be granted for the proposed change of use to health studio and associated alterations at Unit 1, No. 11 Foundry Street, Maylands in accordance with the application dated 28 March 2010 and plans dated 1 April 2010, subject to the following planning conditions:

1. This approval is valid for a period of two 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 be sought and obtained.

2. The development shall be carried out on in accordance with the terms of the application as approved herein, and any approved plan.

3. 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 including internal fit-out.

4. The verge on the Foundry Street road reserve to be paved and drained to the satisfaction of the City of Bayswater.

5. No more than 15 persons to be on the premises at any given time.

6. Compliance with the City of Bayswater Health Local Laws.

7. The building is to be registered and certified as a public building with Environmental Health Section of the City of Bayswater, in accordance with the Health (Public Buildings) Regulations 1992.

8. Sanitary conveniences 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.

9. Compliance with the Health (Air Handling and Water Systems) Regulations 1994 and relevant Australian Standards.

10. Any noise generated is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

11. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.7 Alterations and Additions to Maylands Sports and Recreation Club Location: Reserve 9323, No. 48 Clarkson Road, Maylands Attachments: No. 1 – Location Plan

No. 2 – Detailed Plans No. 3 – Cost Estimates

Applicant: City of Bayswater Owner: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 13.12: OCM 23.06.2009

Application

To consider the concept designs for the provision of an entry statement, office/meeting room and additional toilet and shower facilities for the Maylands Sports and Recreation Club situated at No. 48 Clarkson Road, Maylands.

Background

Council resolved as part of the 2008/2009 Capital Works budget to prepare a concept design of the upgrade of the Maylands Sports and Recreation Club including upgrades to the existing entry as requested by the current lessee, Maylands Sports and Recreation Club Incorporated.

A report was presented to Council meeting on 23 June 2009 which outlined the three options for the upgrade of the facility, and Council resolved the following: “That Council:

1. Support the concept design options for the proposed additions and alterations to the Maylands Sports and Recreation Club situated at Reserve 9323, No. 48 Clarkson Road, Maylands and endorse Option 3 being the preferred option.

2. Approve the existing funds of $50,000 (Account E158000) be carried forward to the 2009/2010 Budget for the preparation of detailed design and construction drawings for the project.

3. Authorise the Director of Planning and Development Services to obtain all necessary approvals from relevant authorities for the preferred concept.”

Comment

General Building Condition The facility was built in 1988 and is performing / functioning as intended. The facility is due to undergo an audit over the next few weeks as part of the ongoing building assessments. The existing survey information shows that the building / asset is in generally good condition and there are no major or urgent items of disrepair. Design In accordance with Council resolution, the City engaged the services of M. Rodic and Associates to provide detailed working drawings for the upgrade of the facility in line with the preferred option (Option 3).

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As part of these works, consulting engineers (Simon Tan and Associates Pty Ltd) inspected the facility in order to finalise the electrical, hydraulic and mechanical service designs for the facility. Further to the above assessment of the existing building, the following matters were raised which need to be addressed as part of the building upgrade:

• Provision of new sub-mains from the existing local sub-switchboard to cater for the building additions;

• Provide emergency lighting to the existing building; • Provide a fire detection and alarm system to cover existing and the proposed additions; • Integrate existing intruder system in the main building to the proposed additions; and • Upgrade the existing power supply from Western Power to the existing metered site main

switchboard.

Final plans are now being prepared by M. Rodic and Associates that will take into consideration the consultants’ findings to enable the City to prepare tender documents for the proposed additions/renovations as approved by Council. Estimated Project Cost Detailed cost estimates have been provided by a quantity surveyor (Jessett Estimating Building Services) with the current estimate for the building works being $332,886.00 (excluding GST) for 137m2 of additional floor space as detailed in Option 3 previously supported by Council. Cost estimates for the additional works as highlighted by the consulting engineers that will be required to be carried out as part of the proposed works in order for the facility to comply with relevant legislative requirements, has been estimated at between $50,000 - $80,000 (excluding GST) subject to further investigations. The consulting engineers have been engaged to prepare detailed design documentation for the additional works so that they can be included within the tender for the proposed additions.

The indicative project costs are as follows:

Works Estimated Cost

Demolition $2,000.00

Preliminaries & Consultants $7,000.00

Building Works $332,886.00

Electrical Service Upgrade, Mechanical Service Upgrade and Fire Safety

$80,000

Contingency $40,000.00

Landscaping $3,000

Total $464,886.00

GST $46,488.60

Total including GST $511,374.60 Note: Estimate for the service upgrades to the facility are still to be determined and are subject to further consultation by the consulting engineers and costs being finalised.

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Timeframe Given the above, the project timeframes have been amended as follows:

Key Milestones Timeframe Status

Approval of design option – Option 3 June 2009 Complete Preparation of detailed documents May 2010 Complete Approvals (Planning & Swan River Trust) May 2010 - December 2010 Tender preparation June 2010 – December 2010 Tender period December 2010 - January 2011 Tender assessment January 2011 Award of contract February 2011 Construction February 2011 - May 2011 Completion June 2011

The City will need to obtain the necessary approvals from the Swan River Trust and Western Australian Planning Commission which may take up to 8-16 weeks. To meet the proposed timeframe, the City needs to finalise the detailed drawings for the subject works and address the service variables for the project. Prior to the calling of tenders for the subject works, sufficient funding for these works needs to be allocated to ensure these works can be completed.

Summary

The design of the proposed alterations and additions to Maylands Sports and Recreation Club based on the preferred option has been prepared. The total estimated cost of the project is $464,886.00 (excluding GST). The next stage is to obtain the relevant approvals and then undertake the tender process and construction works. The works are not essential to the immediate functioning of the facility but was a request of the user group to enhance and upgrade the external appearance of the building. The works could be undertaken in 2011/2012 onwards. Given the budget situation Council could consider various options to progress the works and the preferred option is for Council to defer the calling of tenders until funding has been obtained from alternative funding sources and/or funding has been considered and approved by Council as part of the 2011/2012 Budget process.

Financial Implications

The 2009/2010 budget has the following allocations for this subject project:

Account No. E158006999 - $50,000 (carried forward from 2008/2009) for design and documentation.

Account No. F176006999 - $50,000 for upgrade of entry statement.

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Currently the City has expended and committed the following funds from Account No. E15800699:

Expenditure Works Amount

Current expenditure Design and documentation $21,500

Committed expenditure Engineering design $9,150

Total $30,650 The total amount of $50,000 under Account No 176006999 for the entry statement upgrade is proposed to be carried forward as part of the draft 2010/2011 Budget. The current draft 2010/2011 Budget does not include any additional allocations of funds for this project. Given the budget situation, there are various options to progress the works, and the two key options are as follows: Option 1 The total budget provision of $464,886 (excluding GST), to be considered as part of the 2010/2011 budget process this will enable the project to proceed by facilitating the calling of tenders for this project and carrying out all works as scoped. Option 2 The City applied for alternative sources of funding for the project, including the following avenues: • Lotterywest;

• Department of Sport and Recreation - Community Sport Facilities Fund (CSRFF); and

• Federal Government – Regional and Local Community Infrastructure Programme (RLCIP)

Preferred Option The proposed works (alterations and additions to the Maylands Sports and Recreation Club) are not essential to the immediate functioning of the facility but was a request of the user group to enhance and upgrade the external appearance of the building. The works could be undertaken in 2011/2012 onwards. Council has the option to defer the calling of tenders until funding for the project has been obtained from alternative funding sources and/or funding has been considered and approved by Council as part of the 2011/2012 Budget process. Policy Implications Nil.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED

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ADDENDUM – PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE MEETING

The item relates to the progress of the proposed new entry statement, office/meeting room and additional toilet and shower facilities for the Maylands Sports and Recreation Club following the development of the concept designs by M Rodic and Associates.

It has come to light that the cost of demolition works, preliminaries and consultants have been included in the estimated costs provided by the quantity surveyor (Jessett Estimating Building Services).

The Contingency figure provided in the Agenda report has also been amended to reflect 5% of the works, not 10% (being 5% for construction and 5% for design) as all design works will be completed for the project before going to tender.

Given the above, the indicative project costs now read as follows:

Works Estimated Cost

Building Works, including Demolition, Preliminaries and Consultants

$332,886.00

Electrical Service Upgrade, Mechanical Services Upgrade and Fire Safety

$80,000.00

Landscaping $3,000.00

Contingency (Approximately 5% of Above Works) $21,000.00

Total $436,886.00

GST $43,688.60

Total including GST $480,574.60

At the Planning and Development Services & Administration and Community Services Committee meeting: At 9:31pm, Mr Shaun Nancarrow withdrew from the meeting and returned at 9:33pm.

Officer's Recommendation That: 1. Council defer the commencement of the proposed alterations and additions to the

Maylands Sports and Recreation Club at Reserve 9323, No. 48 Clarkson Road, Maylands, until the following matters have been resolved:

a) All necessary approvals from relevant authorities for the works have been obtained; and

b) Sufficient funding for the works have been obtained from alternative funding sources; and/or

c) Sufficient funding for the works has been considered and approved by Council as part of the 2011/2012 Budget process.

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2. Council authorise the Director of Planning and Development Services to obtain all necessary approvals from relevant authorities for the works.

At the Planning and Development Services & Administration and Community Services Committee meeting:

Committee Discussion: The Committee considered that the recommendation be changed to not include funding consideration in the 2011/2012 budget process and deleted points a), b) and c); and to include that a report should be prepared for Council once the necessary approvals have been obtained.

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR MARLENE ROBINSON MOVED, CR TERRY BLANCHARD SECONDED the Committee recommendation that Council:

1. Defer the commencement of the proposed alterations and additions to the Maylands Sports and Recreation Club at Reserve 9323, No. 48 Clarkson Road, Maylands.

2. Authorise the Director of Planning and Development Services to obtain all necessary approvals from relevant authorities for the works and the outcome be reported back to Council.

CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY

At the Planning and Development Services & Administration and Community Services Committee Meeting:

VOTES FOR: VOTES AGAINST: Cr Barry McKenna Cr Sonia Turkington Cr Sylvan Albert Cr Marlene Robinson Cr Sally Palmer Cr Graham Pittaway Cr Alan Radford

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11.1.8 PAW between Camboon Road and Hinsley Place, Noranda Location: Camboon Road and Hinsley Place, Noranda Attachments: Location Plan and Site Photo Applicant: Alex Starine Owner: The Crown Officer: Director of Planning and Development Services Refer: Item 11.1.11: OCM 25.05.2010

Item 13.16: OCM 27.01.2009 Item 14.19: OCM 28.10.2008

Application

Council consideration is required in relation to a request to install gates across the pedestrian access way (PAW) between Camboon Road and Hinsley Place, Noranda. Council originally considered a request to install gates across the PAW from the same applicant at its meeting of 27 January 2009 and resolved that “the request to place gates across the Pedestrian Access Way be declined on the grounds that gates may not be appropriate in this instance”. The subsequent request to install gates was considered by Council at its meeting of 25 May 2010, where Council resolved that “this item be referred back for further consideration regarding installation of gates”. The options for consideration in relation to the subject request include: 1. Maintain the status quo; 2. Provide gates at either end of the PAW; and/or 3. Provide extra security features such as lighting or more security patrols.

Background Correspondence dated 4 September, 2008 was received from a landowner adjoining the pedestrian access way (PAW) between Camboon Road and Hinsley Place, Noranda requesting that gates be installed in the PAW to control access at night. The reasons cited for the request were security issues at night and graffiti on adjoining fences.

Council, at its meeting of 28 October 2008 resolved to advertise the proposal to place gates across the PAW before considering the matter further. Public advertising finished on 2 December 2008. A total of three submissions were received during the advertising period, comprising one submission objecting to the installation of gates and two submissions from service agencies stating no objections to the installation of gates. One submission was also originally received from the applicant requesting the gates be installed. Following the public advertising period, Council further considered the original request to place gates across the PAW at its meeting of 27 January 2009, and resolved that “the request to place gates across the Pedestrian Access Way be declined on the grounds that gates may not be appropriate in this instance”.

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In accordance with Council’s policy TP-P 1.3 on Pedestrian Access Way Closures, further requests will not be considered within twelve months of the resolution date. Another request from the original applicant to place gates across the PAW was received on 24 February 2010. The applicant states that since the original request to place gates across the PAW, anti-social behaviour has been an increasing occurrence, particularly graffiti and noise at night.

Comment

Requests to close or install gates in pedestrian access ways (PAWs) are often made on the grounds of security, safety and amenity. However, PAWs were created to provide improved pedestrian access to services and facilities within a neighbourhood. In considering closure or gate installation requests, a balance needs to be found between pedestrian access and concerns regarding residents’ amenity and security. An adjoining landowner has further requested gates to be installed at either end of the PAW to improve security during the night. The request states that anti-social behaviour has become an increasing occurrence since the original request to place gates across the PAW, particularly graffiti and noise at night. The PAW between Camboon Road and Hinsley Place, Noranda is strategically located and considered to form an important part of the pedestrian network in the area. The PAW is located near Camboon Primary School, Millerick Reserve and commercial facilities along Camboon Road. An alternative route exists via Hinsley Place, Noranda which would require a walk of an additional 100m metres to reach the primary school. The PAW also provides access to bus stops on Camboon Road. The alternate route may be up to 270m further. As such, the PAW is considered to be important to the daytime local pedestrian network. Permanent closure is not considered to be the most appropriate option and is not requested by the applicant. The installation of gates is considered to be a possible solution in some instances to address security concerns in PAW’s. Gates would allow public access during daylight hours and would be locked between the hours of 10pm and 5am by the City’s Security and Ranger Services, as per Council policy. It should be noted that the opening and closing of PAW gates each morning and night has the potential to impact on the efficiency of the City’s Security and Ranger Services. The process of installing gates at either end of the PAW would cost the City approximately $5,000 based on previous examples. Given that during the public advertising period of the original request no submissions were received in support of the proposed installation of gates, and that one submission was received objecting to the proposal, it is considered that the installation of gates may still not be appropriate in this instance. Further, it is considered that the installation of gates would have a negative influence on the visual amenity of the area. The installation of gates may also reinforce the perception that crime is prevalent in the area, and may negatively affect community attitudes towards the area.

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The applicant has stated that anti-social behaviour has increased in and around the PAW, however no additional evidence has been provided to support this claim. The City’s Western Australian Police Crime Events database indicates that there were no crime events reported in or around the PAW (or adjoining properties) between January 2009 and June 2009. This data is unavailable past June 2009. The City’s Ranger and Security Services section have advised that there have been no reported incidents of anti-social behaviour in or around the PAW in the last six months. Given that there is minimal evidence of anti-social behaviour in and around the PAW, and there were no submissions of support for the gates received during the previous public advertising period, it is considered that the installation of gates would not be appropriate in this instance. As an alternative to the installation of gates, it is considered that the City could investigate lighting upgrades at either end of the PAW and more frequent security patrols in order to improve security and visibility in and around the PAW. Bollard lighting has previously been trialled in another PAW within the City approximately 10 years ago. The bollard lighting at that PAW was subject to recurrent vandalism over a period of time. The recurrent vandalism of the bollard lighting created significant difficulties in regards to its maintenance, and therefore the bollard lighting was required to be removed. Since this time, it is considered that advances may have been made in more resistant bollard lighting. A request for extra lighting in the PAW has also been received from an adjoining landowner. It is therefore recommended that the City’s Technical Services investigates potential lighting upgrade options for security in PAW’s. Further, residents should also be encouraged to report any incidents to the police, the City’s Security and Ranger Services and Neighbourhood Watch.

Summary

The City has received a request to install gates at either end of the PAW between Camboon Road and Hinsley Place, Noranda. An original request to install gates was considered by Council at its meeting of 27 January 2009, where it was not supported. An additional request from the same applicant has been received, stating that anti-social behaviour has become an increasing occurrence, particularly graffiti and noise at night. No additional evidence has been provided to support this claim, and investigations by the City show no significant occurrence of anti-social behaviour in or around the PAW. When the original request was publicly advertised, no submissions were received in support of the proposed installation of gates, and one submission was received objecting to the proposal. It is also considered that the installation of gates would have a negative influence on the visual amenity of the area. It is therefore considered that the request to place gates across the PAW be declined. Further, to address anti-social behaviour concerns it is considered that the City’s Technical Services investigates potential lighting upgrade options for security in PAW’s.

Policy Implications

Nil

Financial Implications

The installation of gates at either end of the PAW would cost the City approximately $5000 based on previous examples. There was $10,000 allocated in the 2009/10 budget for upgrades for PAW’s.

Voting Requirements

Simple Majority Required

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that in relation to the Pedestrian Access Way (PAW) between Camboon Road and Hinsley Place, Noranda:

1. Council declines the request to place gates across the pedestrian access way on the grounds that gates are not appropriate in this instance.

2. The applicant be advised of Council’s decision and encouraged to report any anti-social incidents to the police, the City’s Ranger and Security Services and Neighbourhood Watch.

3. The City’s Technical Services investigate potential lighting upgrade options for security in pedestrian access ways.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.9 Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands Location: ROW at Lot 10 Central Avenue, Maylands Attachments: No. 1 - Location plan and site photo

No. 2 - Certificates of Title - Confidential No. 3 – Tabled information from Deputation

Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

Application

Council consideration is required regarding a request to close the privately owned right of way (ROW) at Lot 10 Central Avenue, Maylands. This is in the context of current Supreme Court action between the owners of the subject and adjacent properties relating to access rights over the ROW.

Background

The owners of the subject ROW at Lot 10 Central Avenue, Maylands also own the adjoining property at Lot 1, No. 38 Central Avenue. It is recognised that there are burden and benefit easements in relation to the ROW, which the City has sought legal advice on. This is further discussed below. Council adopted a ROW Study at its meeting of 26 June 2007. The study outlines recommendations for dealing with ROW closures. The recommendation contained in the ROW Study for the subject ROW is ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. In addition to the request for closure of the ROW that has been received by the City, the matter is currently before the Supreme Court. The owners of the ROW are seeking to have the easements extinguished pursuant to section 129C of the Transfer of Land Act, to enable the ROW to be amalgamated with the adjoining Lot 1. The owners of Lot 2, No. 205 Peninsula Road are seeking confirmation of access rights in regards to the easement as part of the Supreme Court action.

Comment

The City sought preliminary comment from adjoining landowners on the proposed closure of the ROW for initial Council consideration. Should Council consider closure is appropriate, full public advertising will be required. Objection to Closure The owner of No. 205 Peninsula Road, Maylands made a submission objecting to the proposed closure of the ROW, stating: 1. The ROW is the only vehicle access to the property; 2. The closure of the ROW would adversely affect the value of the property; 3. The ROW leads to a garage/carport, which supports the use of the ROW; 4. The owners of Lot 10 Central Avenue have allowed the previous tenants and landowner

to use the ROW; and

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5. Off street parking would be unable to meet the City’s requirements. This is due to the width of the lot, and the proximity of the house to the front boundary.

The owner of No. 40 Central Avenue, Maylands made a submission objecting to the proposed closure of the ROW. The owner stated that legal advice has been sought regarding the matter and consider that due to the historical use of the ROW to access the rear of the property, the owner can apply for a prescriptive easement and subsequent caveat on the title. Supporting Closure The applicant made a submission in support of the closure, stating: 1. The ROW no longer supports the intended use (sanitation servicing) and is no longer in

character of the area.

2. The ability to use the ROW is restricted due to the natural composition of the land.

3. There has been limited use of the ROW over a number of years. Owners on Peninsula Road have used the verge for parking, as opposed to rear access.

4. The present owner of No. 205 Peninsula Road has stated intermittent use of the ROW to access the rear of the premises since the property was purchased in 2007, which indicates that the ROW is not the prime access to the property.

5. The owner of No. 205 Peninsula Road has extended the front of the house, which has prevented sufficient land available for adequate off street car parking at the front of the lot.

6. The original recommendation in the City’s draft ROW study was to close the ROW and amalgamate it with the adjoining lot. This recommendation was subsequently changed to ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. There was no opportunity to refute this change.

7. The inability to amalgamate the ROW into the adjoining lot reduces the development potential of the land.

8. There are concerns in regards to public liability.

9. The Western Australian Planning Commission’s Development Control Policy 2.6 states that the minimum width of a ROW must be 6.0 metres to enable adequate vehicle access. This ROW is only 3.0 metres wide.

10. The ROW only provides for one-way access, and does not allow for manoeuvring.

11. There is no vehicle crossover to access the ROW from Central Avenue.

12. The ROW creates an unsafe pedestrian environment for users of Central Avenue. Legal Advice The City has obtained legal advice in regards to the matter, which can be summarised as follows: 1. No. 205 Peninsula Road has the right, pursuant to section 167A of the Transfer of Land

Act, to use the ROW as an easement (right of way) to benefit that lot. Those rights extend to vehicular and pedestrian access. The owners of the ROW are not permitted to unreasonably hinder those rights.

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2. In regards to the matter which is currently before the Supreme Court, the owners have the burden of convincing the court the easement should be extinguished, and the opposition by the owner of No. 205 Peninsula Road will mean that the burden is not easily discharged.

3. The City does not ultimately control whether the ROW is closed. The mechanism for closing a section 167A ROW is section 52 of the Land Administration Act 1997 (LAA). Under that section, a local government may request the Minister for Lands to close the ROW. It is considered unlikely that the Minister would agree to close the ROW under section 52 of the LAA in the circumstances of this case, given that the adjoining landowners object to the closure.

4. Given that the Supreme Court action will determine whether the ROW is extinguished, it is recommended that the City should not support closure of the ROW.

It is noted that the submission in support of the closure raises a number of issues which will be considered by the Supreme Court. It is therefore considered inappropriate for the City to comment on a number of these issues. Notwithstanding, the following issues are raised in addition to the above legal advice: ROW Study The ROW Study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. Given that the adjoining landowners have objected to the closure due to requiring the ROW for rear access, it is considered that the ROW should not be closed in accordance with the recommendation contained in the ROW Study. The applicant stated that the recommendation contained in the original draft ROW Study was to close the ROW and amalgamate it with the adjoining lot. This statement is correct, however after the draft ROW Study was referred to Council following public advertising, the recommendation was then changed to ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. This was due to submissions received from adjoining landowners. Council adopted the final ROW Study at its meeting of 26 June 2007. WAPC Development Control Policy 2.6 The applicant has stated that the subject ROW is 3.0 metres in width. The Western Australia Planning Commission’s (WAPC) Development Control Policy 2.6 requires a minimum width of 6.0 metres for ROW’s. However, the WAPC’s Planning Bulletin No. 33 states that narrower ROW’s are acceptable in some instances. Given that the ROW only services a maximum of three lots, a 3.0 metre wide ROW is considered an appropriate width at this point in time. Car Parking There is insufficient space at No. 205 Peninsula Road, Maylands for the provision of two car bays in accordance with the City’s Town Planning Scheme No. 24 requirements for off street car parking. Vehicle access to Peninsula Road is required to be in forward gear as Peninsula Road is a Local Distributor Road as per the Metropolitan Road Hierarchy, and there is insufficient manoeuvring space to allow for this. Further, there is no crossover access to Peninsula Road from this lot. This effectively makes the ROW essential to allow No. 205 Peninsula Road access to two car bays at the rear of the property.

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The City’s officers inspected the subject ROW on 4 May 2010, and it was observed that the ROW has been fenced off by the owner of the ROW (who is also the adjoining landowner at No. 38 Central Avenue). There is a sign on the fence which states “Site is closed to public access while works are in progress” (refer Attachment No. 1). Given that this matter is currently before the Supreme Court, it is considered that the City should not take any action in regards to the current state of the ROW. The Supreme Court dispute is a private dispute between the owner of the ROW and adjoining landowners regarding access rights. The ROW is not a public ROW and the City has no obligations in connection with its maintenance. Development Potential The applicant has stated that the inability to close and amalgamate the ROW into the adjoining lot would negatively influence the development potential of the land. Lot 1, No. 38 Central Avenue is zoned Medium and High Density Residential R30, with a lot area of 738m². The ROW at Lot 10 Central Avenue is zoned Medium and High Density Residential R30, with a lot area of 72m². In accordance with the Residential Design Codes site requirements for R30, the average site are per dwelling is 300m². Lot 1, No. 38 Central Avenue therefore has the development potential for two grouped dwellings. The amalgamation of the ROW into the adjoining lot would have no impact on this development potential. Purchase of the ROW The subject ROW was created as part of a subdivision in 1904. It is the responsibility of the purchaser of the land to conduct the appropriate due diligence to identify any encumbrances which may affect the land. Given the above, it is considered appropriate that the request to close the subject ROW be declined. Nevertheless, if Council wishes to proceed with the closure, full public advertising would be required. The matter would then be referred to State Land Services, who are the determining authority for ROW closures.

Summary

The City has received a request to close the privately owned right of way (ROW) at Lot 10 Central Avenue, Maylands. The applicant/owner of the ROW is the adjoining landowner of No. 38 Central Avenue, Maylands. In addition to the request for closure of the ROW that has been received by the City, the matter is currently before the Supreme Court where the owners of the ROW are seeking to have the easement extinguished pursuant to section 129C of the Transfer of Land Act, to enable the ROW to be amalgamated with the adjoining lot. The owners of No. 205 Peninsula Road are seeking confirmation of access rights in regards to the easement as part of the Supreme Court action. The City sought preliminary comment from adjoining landowners on the proposed closure of the ROW. Two adjoining landowners who have easement benefits over the ROW objected to the proposed closure. The applicant considers that the ROW is no longer functional for its intended use. The ROW Study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. Given the above, it is considered appropriate that Council does not support the proposal to close the subject ROW.

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Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required. ADDENDUM The Certificates of Title for the ROW (Lot 10 Central Avenue), Lot 2 No. 205 Peninsula Road and Lot 1, No. 38 Central Avenue are shown in Confidential Attachment No. 2. These outline the burden and benefit easements in relation to the subject ROW. The City’s legal advice states that Lot 10 Central Avenue, Maylands takes the burden of a ROW pursuant to section 167A of the Transfer of Land Act 1893 (TLA). Section 167A(1) of the TLA provides: “Subject to subsection (2), every right of way shown and marked as such upon any map or plan deposited with the Registrar, under the provisions of Part VIII, on the subdivision of any land shall, unless the contrary is stated, be deemed an easement appurtenant to the land comprised in such map or plan and abutting upon such right of way, and not a public way or thoroughfare”. A site investigation was undertaken on 16 June 2010 in relation to the provision of car parking at No. 205 Peninsula Road, Maylands. Given side setbacks of approximately 1.5m on the western boundary and 1.8m on the eastern boundary, vehicular access to the rear of the property from Peninsula Road is not possible, as a minimum 3.0m wide access leg is required in accordance with the Residential Design Codes (R Codes). Further, the front setback ranges from approximately 1.8m to 6.0m. Whilst this may provide space for one (1) car parking bay, there would be insufficient maneuvering space to allow for forward gear entry onto Peninsula Road which is required under the R Codes as Peninsula Road is classified as a Local Distributor Road in the Metropolitan Road Hierarchy.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that in relation to the Right of Way (ROW) at Lot 10 Central Avenue, Maylands:

1. Council declines the request to close the ROW on the grounds that:

a) The ROW study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access’; and

b) There are burden and benefit easements in relation to the ROW.

2. The applicant and submitters be advised of Council’s decision.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.1.10 Naming of Laneways in Maylands Activity Centre Attachments: No. 1- Map and Proposed Names of Laneways in Maylands

Activity Centre Zone No. 2 - Summary of Submissions No.3 - Geographic Names Committee's Principles Guidelines and Procedures - Road Naming Guidelines

Officer: Director of Planning and Development Services Refer: Item 11.1.7: OCM 23.02.2010

At the Planning and Development Services & Administration and Community Services Committee meeting: CR SYLVAN ALBERT DECLARED A PROXIMITY INTEREST In accordance with Section 5.60B and 5.65 of the Local Government Act 1995, Cr Sylvan Albert declared an interest in this item as he owns properties that back onto the laneway. At 10:00pm, Cr Sylvan Albert withdrew from the meeting.

CR SYLVAN ALBERT DECLARED A PROXIMITY INTEREST

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995, Cr Sylvan Albert declared a proximity interest in this item as he owns properties that back onto the laneway. At 8:56pm, Cr Sylvan Albert withdrew from the meeting. Application

Council consideration and authorisation is required to: 1. Approve the recommended names for the laneways in the Maylands Activity Centre,

which were selected as a result of the local community’s suggestions; and 2. Write to the Geographic Names Committee requesting that the recommended names be

added to the City’s Street Names and Reserves Register.

Background

Council at its meeting of 8 December 2009 considered a report on the Maylands Activity Centre Urban Design Framework and resolved in part as follows: “That:

1. Council adopt the Maylands Urban Design Framework as a strategic plan to guide the future development of the Maylands town centre and the Framework be considered pursuant to Clause 3.6.1 f) of Town Planning Scheme No. 24, subject to: …”

Part 2 of the Urban Design Framework (UDF) relates to General Urban Design Principles and Objectives with Part 2.4 specifically dealing with Movement Networks. Part 2.4.3 of the aforementioned document relates to Laneways and states the following:

“…It is also recommended that laneways within the Activity Centre be named to establish a sense of place and identity.”

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Council at its Ordinary Meeting of 23 February 2010 considered a report on the Consultation of the Naming of the laneways in the Maylands Activity Centre and resolved as follows: “That:

1. The City undertake consultation inviting the community to submit suggestions for names to be considered for the laneways in the Maylands Activity Centre.

2. Following consultation, a report is to be presented to Council for consideration of

the suggested names for the laneways in the Maylands Activity Centre.” Consultation inviting the community to submit suggested names commenced on 16 March 2010 and concluded on 6 April 2010. Letters were sent to the adjoining landowners and advertisements placed in the local newspaper and on the website, as per the City’s standard consultation procedure.

Comment

The City received seven submissions, containing a total of 16 suggested names, which are outlined below: 1. Ellard Lane; 2. Park Lane; 3. Farnham Lane *; 4. Robinson Lane; 5. Roxy Lane; 6. Elliot Lane; 7. Rifo’s Lane; 8. Sullivan Lane; 9. Watts Lane; 10. Sargent Lane; 11. Rose Lane; 12. Bakers Lane; 13. Colbung Lane; 14. Lyric Lane *; and 15. Lyric Theatre Lane. Names that were suggested twice in separate submissions are highlighted by an asterisk (*). Background information on the names and justification for the suggestions are summarised in the summary of submissions provided in Attachment No. 2.

The report presented to Council at its Ordinary Meeting on 23 February 2010 highlighted the fact that for a name to be further considered by the Council it would need to meet the requirements of the Geographic Names Committee’s Principles Guidelines and Procedures (the Guidelines), the relevant section of which is contained in Attachment No. 3. Also noted was the fact that if the suggested name was related to a person it would need to meet the following criteria of the City’s Policy relating to the Naming of Parks, Reserves, Streets and Infrastructure: “4. All requests for the naming of a street, recreation reserve or infrastructure must be

identified within one of the following categories:

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a) War veteran from within the City of Bayswater; b) Founding member of a Bayswater community organisation; c) Ex-councillor, Local Member of Parliament or Senior Council Officer; d) Contribution to the Bayswater community (contribution must be verifiable, i.e. long-

term member of a community organisation); or e) A figure of local historical note.” The report presented to Council on 23 February 2010 also highlighted the fact that there were 6 sections of laneways to be named in the Maylands Activity Centre. Following an analysis of the submissions and having due regard to the criteria stated above, the following names are recommended for the sections of the laneways in the Maylands Activity Centre: 1. Laneway Section 1 – Sargents Lane; 2. Laneway Section 2 – Lyric Lane; 3. Laneway Section 3 - Ellard Lane; 4. Laneway Section 4 – Roxy Lane; 5. Laneway Section 5 – Sullivan Lane; and 6. Laneway Section 6 – Bakers Lane.

The recommended names for each of the sections of the laneways are graphically illustrated in Attachment No. 1. The names proposed for each of the sections of the laneways have attempted to be as geographically accurate as possible in relation to the location of the businesses/ proprietors/property owners that each section is named after. The detail provided in the submissions suggesting the recommended names clearly illustrates that the names either fit into categories d) and e), and in some instances both, of the City’s Policy relating to the Naming of Parks, Reserves, Streets and Infrastructure.

The recommended names either represent: 1. Businesses or types of businesses that were important to the area in its early, formative

years from both an economic and social perspective; or 2. People who made outstanding contributions to the Maylands community, particularly in

the early, formative years. The table below outlines why each of the six names are recommended by the City’s officers:

Suggested Name Justification for Selection

Sargents Lane • Lionel Sargent was an important business owner who made outstanding contributions to the Maylands community in its early, formative years.

• Mr Sargent’s shop was located on Railway Terrace (now Whatley Crescent) and Laneway Section 1 is at the rear of properties fronting Whatley Crescent.

Lyric Lane • The Lyric Theatre was an important, well known meeting place for the Maylands community during the early formative years of the suburb.

• The building, which still stands, is located adjacent to Laneway Section 2.

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Ellard Lane • The Ellard family has been in Maylands for over a century.

• 4 of the children settled in Maylands with families, and children went to Maylands schools.

Roxy Lane • The Roxy Picture (outdoor theatre) was located at the corner of Guildford Road and Falkirk Avenue for many years.

• The theatre was an important, well known meeting place for the Maylands community during the early formative years of the suburb.

Sullivan Lane • Muriel Sullivan was a member of the Maylands community who made outstanding contributions to the community, particularly with respect to volunteering to help the needy and returned, infirmed soldiers.

• Ms Sullivan lived at No. 49 Ninth Avenue, which is located in close proximity to Laneway Section 5, for 57 years.

Bakers Lane • There were four bakeries in Maylands during the early formative years. These bakeries were not only important to the area economically but also socially, as they provided places for the community to shop and socialise with each other.

• Laneway Section 6 is located adjacent to where one of the bakeries used to be located.

Further to the above, each of the recommended names has historical and geographic relevance to the laneways, the Maylands Activity Centre and its community. They are therefore unique to the area. The historical and geographic relevance to the laneways and Maylands Activity Centre will assist in creating a unique sense of place for the Maylands Activity Centre as recommended in the Maylands Activity Centre Urban Design Framework. The City’s officers considered that the suggestion of Farnham Lane also had merit. Bernard Farnham owned a well known and important grocery store in the area and contributed to the community through helping customers during times of hardship, such as the depression years. However, the Geographic Names Committee’s Guidelines state that “name duplication within local governments or adjoining local governments shall be avoided”. Farnham Way already exists in Morley (around 5.5 kilometres from the subject site). Accordingly, Farnham Lane, whilst a locally suitable suggestion, would not meet the Geographic Names Committee’s Guidelines and therefore has not been recommended. The suggestions of Rose Lane, Watts Lane, Robinson Lane and Park Lane would also be similar to existing street names in the City and would therefore not meet the Geographic Names Committee’s Guidelines on name duplication as outlined above. Accordingly, they have not been recommended.

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Next Steps Once the names have been endorsed by Council, the City’s Officers will need to liaise with the Geographic Names Committee in order to have the names included on the City’s Street Names and Reserves Register. At such time as formal correspondence from the Geographic Names Committee is received advising the City that the recommended names have been included on the City’s Street Names and Reserves Register, the laneways can be formally named.

Summary

Based on the community’s suggestions, it is recommended that Council approve the following names for the laneways in the Maylands Activity Centre as depicted in attachment 4:

1. Laneway Section 1 – Sargents Lane; 2. Laneway Section 2 – Lyric Lane; 3. Laneway Section 3 - Ellard Lane; 4. Laneway Section 4 – Roxy Lane; 5. Laneway Section 5 – Sullivan Lane; and 6. Laneway Section 6 – Bakers Lane.

It is also recommended that Council authorise the Director of Development Services to write to the Geographic Names Committee requesting that the above names be included on the City’s Street Names and Reserves Register.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required. ADDENDUM – PLANNING AND DEVELOPMENT SERVICES AND ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE MEETING The City received an additional submission from Mr Roger Tomlins, Vice President of the Maylands Ratepayers and Residents Association. This submission was inadvertently not included in the Agenda report.

This submission recommends Greenslade Lane as a name for a laneway in the Maylands Activity Centre. The submission stated that Mr Frank Greenslade: • Was the founder of the Maylands Historical and Peninsula Association; • Was awarded the citizen of the year when Maylands was part of the City of Stirling; • Is constantly involved with the community of Maylands, and was the main driver of

People for the Peninsula; and • Has been integral in the proposed development of a commemorative park to acknowledge

the historical significance of Maylands aerodrome.

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It is evident that Mr Frank Greenslade has made a significant and valuable contribution to the Maylands community over many years, and the suggestion of Greenslade Lane has merit. However, an analysis of the submissions and naming criteria indicate that the six (6) names contained in the Officer’s Recommendation are appropriate, as they have historical and geographical relevance specifically to the Maylands Activity Centre.

Officer’s Recommendation 1. Approve the following names for the laneways in the Maylands Activity Centre:

a) Laneway Section 1 – Sargents Lane

b) Laneway Section 2 – Lyric Lane

c) Laneway Section 3 – Ellard Lane

d) Laneway Section 4 – Roxy Lane

e) Laneway Section 5 – Sullivan Lane

f) Laneway Section 6 – Bakers Lane

2. The Council authorise the Director of Development Services to write to the Geographic Names Committee requesting that the above names be included on the City’s Street Names and Reserves Register.

At the Planning and Development Services & Administration and Community Services Committee meeting: Committee Discussion: The Committee considered the additional information in the addendum and recommended to acknowledge the contributions from Mr Frank Greenslade with a portion of the Laneway Section 4 being named after him. ADDENDUM

Further to the submission from Mr Roger Tomlins, of the Maylands Ratepayers and Residents Association suggesting the name ‘Greenslade Lane’, the following additional information is provided. The Geographic Names Committee Principles, Guidelines and Procedures states the following:

“Names of Living Persons - The names of living persons are not normally suitable for road names, and if proposed will be subject to a more rigorous selection process. The proposal must be accompanied by comprehensive biographical details including details of community involvement, and also an indication of strong community support for the proposed name”.

The following further information has been provided to support the recommendation of ‘Greenslade Lane’ as a name for a laneway in the Maylands Activity Centre. Mr Frank Greenslade:

• Has lived in the (now) City of Bayswater for 58 years. • Retired in 1980 from a career as a Licensed Aircraft Radio Maintenance Engineer. • City of Stirling Citizen of the Year 1995. • City of Bayswater Citizen of the Year 2005. • Received the Centenary Medal presented by Her Majesty Queen Elizabeth II.

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• Life Member of Royal Flying Doctor Service (RFDS) of Australia. Mr Greenslade has been a member of the RFDS for 50 years including 27 years as a member of the Council. Mr Greenslade was also a member of the Communication and Aviation Advisory Committees.

• Founding President and Life Member of the Maylands Historical and Peninsula Association (founded in 1991).

• Long time member and one time President of the Maylands Ratepayers and Residents Association.

• Is constantly involved with the community of Maylands and was the main driver of People for the Peninsula.

• Has been integral in the proposed development of a Commemorative Park to acknowledge the historical significance of the (former) Maylands aerodrome.

It is evident that Mr Frank Greenslade has made a significant and valuable contribution to the Maylands community over many years, and the suggestion of Greenslade Lane has merit. The information provided above has been presented in support of the suggestion of ‘Greenslade Lane’ and in order to satisfy the requirements and stipulated criteria of the Geographic Names Committee Principles, Guidelines and Procedures.

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SONIA TURKINGTON MOVED, CR SALLY PALMER SECONDED the Committee recommendation that Council:

1. Approve the following names for the laneways in the Maylands Activity Centre:

a) Laneway Section 1 – Sargents Lane

b) Laneway Section 2 – Lyric Lane

c) Laneway Section 3 – Ellard Lane

d) Laneway Section 4 – via 9th Avenue - Roxy Lane

e) Laneway Section 5 – Sullivan Lane

f) Laneway Section 4 – between point d) and e) - Greenslade Lane

g) Laneway Section 6 – Bakers Lane

2. Authorise the Director of Development Services to write to the Geographic Names Committee requesting that the above names be included on the City’s Street Names and Reserves Register.

CARRIED UNANIMOUSLY

At 8:57pm, Cr Sylvan Albert returned to the meeting.

At the Planning and Development Services & Administration and Community Services Committee meeting: At 10:09pm, Cr Sylvan Albert returned to the meeting.

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11.1.11 Use of Moojebing Reserve Location: Reserve 20955, No 22 Moojebing Street, Bayswater Attachments: No. 1 - Correspondence W.A. Radio Control Model Car

Club No. 2 - Location Plan

Applicant: City of Bayswater Owner: Crown land vested in City of Bayswater Officer: Director of Planning and Development Services

Application

To seek Council’s approval to advertise for registration of interest to use and lease a portion of Reserve 20955 located at 22 Moojebing Street, Bayswater for community purposes.

Summary of Possible Use and Lease

Property : Portion of Reserve 20955, 22 Moojebing Street, Bayswater

Zoning : Local Scheme Reserve – Local Public Open Space

Uses : Scale Model Car Racing

Leased Area : Approx 3,575m²

Term: Standard Lease - 10 years

Rent : To be determined

Outgoings : Standard Lease - Local government services and other charges, rubbish collection charges, water usage and telephone, electricity, gas and other power and light charges.

Background

Moojebing Reserve located at No. 22 Moojebing Street, Bayswater is vested to the City of Bayswater and has been leased to four separate clubs that currently utilise separate portions of land and buildings that have been constructed over the years (by the club members) on the Reserve, these being: 1. Light Car Club of WA Inc; 2. Australian Model Railway Association (WA Branch ) Inc; 3. West Coast Model Rally Club Inc; and 4. WA Radio Control Model Club Inc. Of the above clubs only the Australian Model Railway Association (WA Branch ) Inc is in lease with the City (expires on 30 April 2016). All other clubs leases expired on 30 April 2009.

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The City has written to all other clubs advising that the leases have expired and in turn both the Light Car Club of WA Inc and West Coast Model Rally Club Inc are waiting to renew the respective lease to utilise the land and building that are currently utilised over the past twenty two years. The standard lease agreement has been forwarded to these two clubs and comments have been received which is subject to future items being presented to Council before any lease is finalised with the clubs The WARCMCC ceased racing on this site due to noise pollution generated from the race cars. Noise population testing was conducted in September 2007 which highlighted that the noise generated exceeded the allowable limit. A letter dated 24 February 2009 was received from the WARCMCC requesting a further tenure of ten (10) years as the lease agreement is due to expire. The lease agreement between the City of Bayswater and the WARCMCC expired on 30 April 2009. A letter was sent to the WARCMCC dated 27 May 2009 requesting the WARCMCC obtain a noise management plan to ensure the clubs activities comply with the Environmental Protection (Noise) Regulations 1997. Once the City received this plan, the future tenure would be considered. The WARCMCC advised the City verbally on 16 September 2009 that the noise testing was not successful. A letter was received from the WARCMCC dated 26 October 2009 advising the City that the WARCMCC were withdrawing its application to renew the lease, due to the sound test conducted highlighting that the cars exceeded the noise levels required by the Noise Regulations (Refer Attachment No.1). As the WARCMCC are no longer situated at the site it is currently being maintained by the City.

Comment

The zoning of the site for Local Scheme Reserve – Local Public Open Space allows the site to be used for recreational uses and possibly community purposes.

The leased area is approximately 3,575m² and consists of a bitumen sealed race track, brick commentator’s box, elevated control platform and an area designated for race preparation. Entry to the premises is shared with the West Coast Model Rally Car Club Incorporated that are currently located at the rear of the Reserve. The West Coast Model Rally Car Club Incorporated (WCMRCC) has a separate lease agreement for the area of the reserve that it utilises. The site in its current form would be suitable for community groups that have a need for a model race track.

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A letter dated 3 March 2009 from the West Coast Model Rally Car Club Incorporated expressed an interest in the lease for the area that the WARCMCC had occupied. Considering the history of this site and noise complaints received, the WCMRCC were requested to obtain a noise management plan from an accredited acoustic consultant demonstrating that all of the clubs’ intended activities conducted on the property comply with the Environmental Protection (Noise) Regulations 1997. The WCMRCC conducted the relevant testing on 18 September 2009 and the results were presented to the City. The consultants engaged for the testing believes that the electric remote control cars used by WCMRCC comply with the Environmental Protection (Noise) Regulations 1997. Furthermore, the City received a letter from the Perth Radio Electric Car Club (PRECC) dated 7 October 2008 submitting a proposal to keep radio control on-road racing at Moojebing Reserve in the form of electric racing. The PRECC required an enclosed venue. A meeting was held with the PRECC and the City’s Officers to discuss this proposal and the outcome of this meeting was that the PRECC were to submit a further proposal outlining the clubs financial contributions for the construction of an enclosed venue. To date the City’s records indicate that no further response has been received.

Summary

As a result of previous noise complaints and non compliances, the City’s Environmental Health Services has requested acoustic consultant reports from each leasee proposing to race remote control cars (petrol and electric) at the Moojebing Reserve Complex. Independent acoustic consultant reports were received from WCMRCC (prepared by Vipac Engineers and Scientists Limited) and WARCMRC (prepared by Garbriel’s Environmental Design Pty Ltd). The report from WCMRCC (electric scale model cars) revealed compliance whereas the WARCMCC (petrol scale model cars) did not. The leased area has now been vacated by WARCMCC and the City has taken re-procession of the site. Currently the reserve is set up for two styles of model car racing (off road dirt track and bitumen surface hard track). Registrations of interest from community groups just for the lease of the bitumen surface hard track would be limited. As part of previous discussions with the WARCMCC, the president has submitted an expression of interest in taking over and combining the lease for the on-road track located on the same reserve.

Policy Implications

Nil.

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Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council:

1. Accept the expression of interest from West Coast Model Rally Club Inc for the use and lease of the on road track and associated structures on Reserve 20955 No 22 Moojebing Street Bayswater.

2. Authorise the Director of Planning and Development Services to prepare a draft (standard lease) agreement for the use of the on road track and associated structures in addition to the current off road track and associated structures located on Reserve 20955 No 22 Moojebing Street Bayswater in consultation with West Coast Model Rally Club Inc. The terms of the lease to be in accordance with the adopted standard lease agreement and require the Club to ensure compliance with the Environmental Protection (Noise) Regulations 1997 at all times when utilising the site.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2 Administration and Community Services

11.2.1 Aquatic Facilities Management Report- May 2010 Attachments: 1. Aquatic Facilities Management Report – May 2010 Officer: Acting Director of Administration and Community Services

Application

To consider the report of activities at the City of Bayswater aquatic facilities for May 2010.

Background

A copy of the report and operations undertaken in the Month of May 2010 (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 7:00pm Saturday to Sunday 7:00am to 7:00pm Maylands Waterland operating hours are 1 November 2009 through to 18 April 2010: Monday to Sunday 10:00am to 5:00pm The Royal Life Saving Society training room has commenced construction at the south eastern corner of the building, abutting the newly constructed gym extension. This addition is being funded by the Federal Grant Community Education and Vocational training infrastructure.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council receive the report of activities and operations for the City of Bayswater’s aquatic facilities for May 2010.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2.2 Ranger Services Management Report – May 2010 Attachments: Ranger Services Management Report – May 2010 Officer: Acting Director Administration and Community Services

Application

1. To provide Council with information about the activities of City of Bayswater Ranger Services for May 2010 in order for Council to make informed decisions about the service provided.

2. Consider the Ranger Services Management Report format and the information provided to Council.

Background

Statistics relating to Ranger Services has been presented to Council previously by providing a spreadsheet of Action Request types and a brief description of activities or issues arising.

At the Planning and Development Services and Administration and Community Services Meeting held on 17 May 2010, Councillors discussed the Ranger Report content and outlined some issues relating to the level of service being provided specifically relating to shopping trolleys impounded, illegal signs and infringements issued.

The intent of the Ranger Services report is to provide Council with information about the service in order to effectively make decisions that affect the medium to long term application of the service.

Ranger Services deals with action requests and administer laws relating to specific legislation in order to maintain and improve community safety. The various Legislation rangers administer are:

• Dog Act

o Dog Attacks o Dogs Wandering o Dog Nuisance o Dog Registrations o Dog Impounding

• City of Bayswater Local Laws

o Parking Local Laws o Activities on Thoroughfares Local Laws o Property (Reserves) Local Laws o Dog Local Laws

• Litter Act

o Littering o Bill Posting o Dumping of Rubbish

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• Bush Fires Act

o Fire Management o Fire Break Inspections o Fire Prevention

• Control of Off-Road Vehicles Act

o Driving of Unlicenced Vehicles (Other than on a road) o Impounding

• Local Government Act

o Impounding of Abandoned Vehicles o Impounding of Materials o Livestock

Rangers also act as eyes on the street and report any illegal activity to police.

The City 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 Report is attached and reflects the work carried out by rangers throughout the month of May 2010.

Ranger Services has developed new methods of obtaining data and information using existing data systems, and is reviewing the reporting format to enable more detailed and aligned reporting.

The school parking program implemented by Council in April 2010 has seen a reduction in the number of schools calling in relation to parking problems. The City of Bayswater rangers monitor most schools for parking during pick-up and set-down times within the City over a scheduled period resulting in listed schools being monitored at least twice over a nine day period.

During May 2010, Hampton Primary, Hampton High School, Bayswater Primary School and Weld Street Primary School have been included in the patrol list after requests for parking control were received. The City now monitors 11 schools within the City ensuring that rangers attend at least two of the participating schools weekday mornings and afternoons.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council receive the Ranger Services Management Report for May 2010.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2.3 City of Bayswater Community Crime Prevention Forum Attachments: 1. List of Issues Identified

2. List of Identified Causes 3. Community Safety Forum Recommendations 4 Draft Risk Management Context, Criteria and Structure 5. Draft Prioritised Risk Register 6. List of Proposed Solutions 7. Presentation from Manager Ranger & Security Services

Officer: Acting Director Administration and Community Services Application

1. To Provide Council with a report on the outcomes of the recent Community Safety Forum held by the City of Bayswater.

2. Confirm the draft documents relating to a Community Crime Prevention Plan. 3. Using the information collected develop a Community Crime Prevention Plan in

consultation with Council and stakeholders.

Background

In February 2009, residents and local businesses raised concerns about anti-social behaviour and community safety within the city. In March 2009, a public meeting was held to discuss this issue and seek a way forward. One of the outcomes of that meeting was to organise the Community Safety Forum that was held on 13 April 2010.

The forum used a planned approach in four (4) sessions held throughout the day. The four sessions of the forum were:

i. The Issues – Identifying and prioritising the issues we face.

ii. The Causes – Identifying the causes of the issues we have prioritised.

iii. The Solutions – Identifying and prioritising the solutions to the problems we face.

iv. The Partnership – Identifying what is being done and by whom, and identifying future opportunities for our community leaders and partners.

The intended outcomes of the forum were to:

• Identify the crime and community safety risks in the City of Bayswater.

• Prioritise the risks using crime data and information and measuring levels of fear of crime.

• Identify the causes of the risks.

• Identify possible solutions to deal with the causes of the risks.

• Identify potential partners in treating the risks using identified solutions.

• Prioritise the solutions.

The forum received representation from thirtyone (31) agencies and groups represented by fiftyfour (54) members of Government and Community based agencies, Police and Public Transport Authority, Neighbourhood Watch, residential and business community representatives.

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Prior to the forum the City of Bayswater Economic Development Officer consulted with the invited guests to obtain information as to the issues faced by the groups they represent. The City of Bayswater Security Service also carried out surveys in various locations across the City to obtain further feedback that included visitors and young people.

The collected information and crime statistics were presented to the forum for consideration during the process.

Session Outcomes

Session 1 The outcome of the first session (refer to Attachment No. 1) records the issues in order of priority to the forum for the purpose of focusing on those issues. The forum participants prioritised each issue based on perception of likelihood and consequence. The seven highest priorities were used on the next sessions.

All original issues identified will are included in the Risk Register and will considered as a part of the continual improvement process.

Session 2 During session two, participants were asked to identify the causes related to each of the priority issues identified. These were linked to each issue. For the purpose of reporting the causes are listed. (Refer to attachment No. 2).

This session was critical in providing information for the next session of identifying solutions that addressed the causes of each issue rather than solution that treated only the issue. Using an approach to treat issues rather than causes can often results in agencies providing responses the issues rather than solving the origins of the issues.

Session 3 Session three provided the opportunity to capitalise on the participants’ knowledge and experience in dealing with the issues. Participants were requested to identify solutions that were achievable and appropriate. These solutions where then prioritised into a list of preferred treatment options resulting in Community Safety Forum Recommendations (refer to Attachment No. 3). The treatments listed are for consideration and consultation with stakeholders. Session 4

Participants were asked to indicate if they were responsible for any existing programs and or if they would be prepared to participate or lead any of the proposed solutions. This provides the City of Bayswater with potential stakeholders to continue in the deployment of those recommendations. These resources are also listed in the Community Safety Forum Recommendations.

Comment

Community Crime Prevention Plan The opportunity now exists for the City of Bayswater to use this information to formulate a planned approach to community safety in a crime prevention context called a Community Crime Prevention Plan (CCPP).

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The steps to establish a CCCP are:

Step Outcome Timeframe / Progress

Identify the community Issues

(Communicate / Consult with stakeholders)

Draft Crime Risk Register

Agreed Prioritised Risk Register.

April 2010 / 100%

July 2010 / 0%

Idenitfy strategies to deal with the issues.

(Communicate / Consult with stakeholders)

Draft Risk Treatment Options list.

August 2010 / 50%

Identify Stakeholders and Partners in for the delivery of the identified stategies.

(Communicate / Consult with stakeholders)

Crime Risk Management Plan including treatment options and responsibilities.

September 2010 / 50%

Agree on strategies.

(Communicate / Consult with stakeholders)

Crime Risk Management Plan with agreed Action Plans, timeframes and measures.

October 2010 / 0%

Draft Community Crime Prevention Plan (CCPP) Provided to Community and Stakeholders for Comment.

Draft Community Crime Prevention Plan.

November 2010 / 0%

Final CCPP Council endorses CCPP

Delivery Partners endorse CCPP

December 2010 / 0%

December 2010 / 0%

The City of Bayswater has an existing partnership with the WA Police that exists in the form of a Graffiti Management Plan also shared with the City of Stirling and the City of Wanneroo.

The WA Police has recently announced its new approach to Community Crime Prevention Planning through the Office of Crime Prevention. By following a crime prevention planning process the City will be able to determine the levels of risk that affects our community and prepare planned treatment options to address those risks.

The expected outcomes of a Community Safety and Crime Prevention Plan based on risk evidence are:

• Prioritised Risk Register (Identified Issues)

• Proposed solutions (Treatment Options)

• Process for prioritising treatment options.

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• Agreed treatment options (based on treatment options called Action Plans).

• Measureable performance of Action Plans.

Policy Implications

Nil.

Financial Implications

Following the risk management process to develop a CCPP allows proposed treatment options to be prioritised for the purpose of budget consideration.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. The City of Bayswater Community Crime Prevention Forum Report be received.

2. Council supports the development of a Community Crime Prevention Plan using the draft documents from the Community Crime Prevention Forum as a basis.

3. The draft Community Crime Prevention Plan be referred to Council for further consideration.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2.4 Annual Leave – Chief Executive Officer Officer: Chief Executive Officer

At the Planning and Development Services & Administration and Community Services Committee meeting: THE CHIEF EXECUTIVE OFFICER, MS FRANCESCA LEFANTE DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Chief Executive Officer, Ms Francesca Lefante declared a financial interest in this item as it relates to her position.

Ms Lefante did not withdraw from the meeting as this item was moved en bloc.

THE CHIEF EXECUTIVE OFFICER, MS FRANCESCA LEFANTE DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Chief Executive Officer, Ms Francesca Lefante declared a financial interest in this item as it relates to her position.

At 8:57pm, Ms Lefante withdrew from the meeting. Application

The Chief Executive Officer Ms Francesca Lefante, requests Council approval to take annual leave for the period 27 September 2010 to 6 October 2010, inclusive.

Comment

In accordance with the Local Government Act 1995, there is a need for a Director to act in the capacity of Chief Executive Officer to sign legal documents, co-ordinate the Senior Management Group and perform any of the Chief Executive Officer’s duties while she is on annual leave.

It is proposed for the period 27 September 2010 to 6 October 2010, inclusive, the Director of Finance, Mr Ted Budzinski, be authorised to act in the capacity of Acting Chief Executive Officer.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED the Committee recommendation that:

1. Approval be given for the Chief Executive Officer to take the following leave:

• 8 days annual leave from 27 September 2010 to 6 October 2010, inclusive; and

2. The Director of Finance, Mr Ted Budzinski, be authorised by Council to act in the capacity of Acting Chief Executive Officer during the period 27 September 2010 to 6 October 2010.

CARRIED UNANIMOUSLY

At 8:58pm, Ms Lefante returned to the meeting.

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At 8:58pm, Cr Michael Sabatino returned to the meeting.

11.2.5 Annual General Meeting of Electors : 7 December 2009 Attachments: Item 11.2.5 Annual General Meeting of Electors – 7.12.09 Officer: Chief Executive Officer

Application

To consider: 1. The resolutions from the Annual General Electors Meeting held on

7 December 2009; and 2. The outcomes of the discussions at the workshop held on 8 May 2010.

Background

At the Ordinary Council Meeting held on 10 November 2009, Council resolved, in part, that: “1. The Annual Report and Financial Statements as at 30 June 2009 be adopted.

2. The 2009 Annual General Meeting of Electors, as required under the Local Government Act 1995, be held at the City of Bayswater Civic Centre on 7 December 2009, commencing at 7:30pm.”

At the Annual General Electors Meeting held on 7 December 2009, a number of issues were raised by the Electors, and four motions were moved. Council at its meeting 2 February 2010 considered the four resolutions (refer attachment) and resolved that: “1. Council notes all four (4) Annual Electors Motions.

2. Points 2, 3 and 4 (of the original Officers recommendation) be referred to a workshop for further detailed discussion, following which a further report be presented to Council.”

Legislative Provision The Local Government Act 1995 Section 5.32 requires the Chief Executive Officer to cause minutes of the proceedings at an Electors meeting to be kept and preserved and to ensure that copies of the minutes are made available for inspection by members of the public before the Council meeting at which decisions at the Electors meeting are first considered. The Local Government Act 1995 Section 5.33 requires that any decisions made at an Electors meeting be considered at the next Ordinary Council meeting or, if that is not practicable at the first Ordinary Council meeting after that or at a Special Council meeting called for that purpose.

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In accordance with Section 5.53 of the Local Government Act 1995 the Annual Report is to contain an overview of the plan for the future of the district including major initiatives that are proposed to commence or to continue in the next financial year. Comments The City conducted a Councillor workshop on 8 May 2010, as which the motions of the AGM were discussed. With regard to the four motions carried at the AGM the following is relevant. AGM - Motion 1 Mrs Pat Lim moved and Cr Terry Blanchard seconded the following:

“That electors’ present accept the 2008/2009 City of Bayswater Annual Report and Financial Statements.”

There was no opposition to the main content of the 2007/2008 Annual Report. AGM - Motion 2 Mrs Pat Lim moved and Ms Joanne Brabazon seconded the following:

“That Council consider the following: 1. Because Mr Ian McClelland has breached the rules of the Local

Government Act 1995 regarding the handling of postal votes during the 2007 Local Government Election, been fined $500;

2. Mr Ian McClelland also had his status of Justice of the Peace firstly revoked from him by the Attorney General, Mr Porter and secondly then followed by an appeal to the Supreme Court by Mr Ian McClelland, where the Supreme Court again refused the reinstatement of his position of Justice of the Peace. That this Council remove forthwith his status of Freeman of the City;

3. The Freeman of the City status which is the highest award a person can receive in Local Government be removed from Mr McClelland in perpetuity and never awarded to firstly or retrospectively any other person who commits an unlawful offence, is fined, receives a jail status through the Courts, found guilty of an offence through the Corruption and Crime Commission, or found unfit to hold the status of a Justice of the Peace. The above Acts are in relation to the Local Government Act and the Corruption and Crime Commission Act respectively and by the powers given to the Attorney General.

4. Mr Mayor, if this motion cannot be passed at this meeting then my motion is to go to the next meeting of Council so it can be attended to in the light of the seriousness of the unbecoming and inappropriate behaviour of Mr McClelland and the final decision made by the Supreme Court against Mr McClelland in November 2009.”

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Council’s Policy EO-P15 outlines the specific criteria for nominations conferring the title of ‘Honorary Freeman’. It is noted that under Spent Convictions Act 1988 it would be unlawful for Council to remove this title from Mr McClelland, on the basis of a spent conviction.

The following comments were raised at the council workshop in relation to this motion:-

• It is not appropriate to remove Freeman status to Ian McClelland

• Ian McClelland contributed to Council for over 23 years;

• Freeman Policy should be reviewed to include Code of Conduct and behaviour expectations which are clear and specific.

AGM - Motion 3 Mr Tony Green moved and Mrs Pat Lim seconded the following:

“That the following policy be added by Council to be included in the City of Bayswater Policy Manual: A Councillor shall not be permitted to attend a conference in the six (6) months prior to their term of office expiring.”

It is for Council to consider whether restricting the times for which conferences may be attended by any Elected Member that is up for re-election. Elected Members have an obligation to perform their duties for the whole of their elected term, which may include attending conferences and events. The following comments were raised at the Council workshop in relation to this motion:-

• Councillors are required to fulfil their duties for the duration of their elected term; • Councillor attendance at a conference includes consideration of availability and

suitability; and • Councillors attendance provides increase knowledge and understanding of specific

matters, which is beneficial to their role in making decisions.

AGM - Motion 4 Mr Tony Green moved and Mr Tony Anstee seconded the following:

“That the following Policy be considered by Council to be added to the City of Bayswater Policy Manual: 1. Any Elected Member who attends a conference must then, within ten (10)

working days of returning from it, submit a report on it to the Chief Executive Officer, who will then immediately circulate it to all Elected Members. The Chief Executive Officer will be responsible for archiving the report.

2. That a report be presented to Council stating the business case of the conference attended, fully disclosing the cost of attendance and the benefit of the attendance to the City of Bayswater and its ratepayers.

3. That this report be included on the City of Bayswater’s website.”

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Should Council concur with the motion, a review of Policy No. EO-P22 will be undertaken and a further report presented to Council for consideration. The following comments were raised at the Council workshop in relation to this motion:-

• There is value in presenting a Conference Report to Council although the time frame should be more given other commitments;

• The inclusion of a business case post the event is not considered relevant; • The report should be jointly written by both the officer and Councillor; and • Any reports that go to Council appear on the website as part of the agenda.

In accordance with Section 5.33(2) of the Local Government Act 1995 Council is required to consider motions as stipulated by the Annual General Electors Meeting dated 7 December 2009, and record all decisions in the minutes of the Council Meeting. In accordance with the Local Government Act 1995 Sections 5.32 and 5.33 there is no requirement for the minutes of an Annual Electors Meeting to be confirmed.

Policy Implications

Should Council resolve to accept the Annual General Electors Meeting recommendation two, consideration of Policy EO-P15 will be required. Should Council resolve to accept the Annual General Electors Meeting recommendations three and four, a review of Policy No. EO-P22 will be required.

Financial Implications

Nil.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR TERRY BLANCHARD SECONDED the Committee recommendation that in accordance with Section 5.33 of the Local Government Act 1995 :-

1. The Annual General Electors Meeting (AGEM) - Resolution 1 – which states “That electors’ present accept the 2008/2009 City of Bayswater Annual Report and Financial Statements” is noted.

2. The Annual General Electors Meeting (AGEM) - Resolution 2 - to remove the Freeman of the City status of Mr Ian McClelland is not supported given the provisions of the Spent Convictions Act 1988.

3. Council pursue a review of Freeman Policy No. EO-P15, provisions in relation to expected code of conduct standards of a Freeman.

4. The Annual General Electors Meeting (AGEM) Resolution 3 – “limiting Councillor attendance at a conference in the six (6) months prior to their term of office expiring” – not be supported on the basis that the Elected Members have an obligation to perform their duties for the whole of their elected term, which may include attending conferences and events.

5. The Annual General Electors Meeting (AGEM) - Resolution 4 regarding the requirement to submit a Conference Report is noted.

6. Council review policy EO-P22 and submit a report for further Council consideration on the extent and timeframes to be included in conference reporting.

CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY

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11.2.6 City of Bayswater Annual Art Awards Attachments: 1. MOU – City of Bayswater & Hawaiian Investment Group

2. MOU - City of Bayswater & Bayswater Art Society 3. Art Awards and Exhibition Entry Form

Officer: Acting Director of Administration and Community Services Application

1. To provide Council with information on the proposed Art Awards event to be held at Noranda Shopping Village on Monday, 20 September 2010 to Saturday, 25 September 2010.

2. To seek approval for the opening ceremony of the City of Bayswater Art Awards on Monday, 20 September 2010 at the Noranda Shopping Village.

Background

The City of Bayswater Art Awards are held annually at Noranda Shopping Village to provide an opportunity for local artists to participate in a professionally presented event and allow the wider community to enjoy the exhibited pieces of art. The City of Bayswater Art Awards are managed by the City in conjunction with the Bayswater Art Society and the Hawaiian Management Group. A Memorandum of Understanding is drafted between the City of Bayswater, Hawaiian Management Group (Refer to Attachment No. 1) and Bayswater Art Society (Refer to Attachment No. 2). The event has been run in conjunction with Bayswater Art Society for over thirty (30) years and has traditionally been held in the first week of October. In 2009, the event attracted 120 entries from across the metropolitan area. The Bayswater Art Society provides volunteers for the duration of the week long event and assists in the judging of the ‘peoples choice award’. The local community are engaged by contributing pieces of art for inclusion in the exhibition, which is available for wider community viewing and enjoyment throughout the week long event.

The event recognises local community artistic talent through a series of category awards, including a main acquisition prize of $5,000. The City’s budget allocation is $24,000. In addition, the Hawaiian Management Group (who manage Noranda Shopping Village) also contributes $10,000 toward the event. A professional curator is used by the City to assist in the artistic presentation of the exhibition and judging of award categories. The Awards have an official opening ceremony promoted by the City of Bayswater and hosted at Noranda Shopping Village by Hawaiian Management Group. The opening ceremony is scheduled for the evening of Monday, 20 September 2010 at Noranda Shopping Village. Invitees include all participating artists, His Worship the Mayor, City of Bayswater Councillors, City of Bayswater Executive Managers, City of Bayswater VIP’s and Hawaiian Management Group Executives.

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At the commencement of the opening ceremony the award curator conducts a tour of entries with Councillors and executive guests highlighting works demonstrating artistic merit. The exhibition remains open to the wider public for viewing during business hours of the Noranda Shopping Village for the period Monday, 20 September to Saturday, 25 September 2010. The event is advertised in the community newspaper, The Artist Chronicle Magazine, flyers distributed around the City, City of Bayswater Website and entry forms mailed to past participants database.

Comment

The City of Bayswater Art Awards consistently achieves the maximum number of entries possible into the exhibition, which is determined by the amount of display space available, (around 150 entry places are available for the 2010 event). (Refer to Attachment No. 3). The event is well received by the art community, Hawaiian Management Group and the customers of the Noranda Shopping Village, and the wider community visiting the exhibition. It is proposed to run the 2010 event from Monday, 20 September to Saturday, 25 September 2010. The date change has been requested by the Hawaiian Management Group who are unable to host the opening ceremony in October due to existing commitments.

Financial Implications

1. $24,000 is listed for consideration in the 2010/ 11 Budget. 2. Hawaiian Management Group contributes $10,000 to the event, which provides for the

display infrastructure, event advertising, staging and audio for the opening ceremony.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. Council approve the City of Bayswater Art Awards to be held at Noranda Shopping Village from Monday 20 September 2010 to Saturday 25 September 2010.

2. Council approve the opening ceremony of the City of Bayswater Art Awards to be held at Noranda Shopping Village on Monday 20 September 2010, 7:00pm to 8:30pm.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2.7 Rotary Club of Morley Community Fair October 2011 Officer: A/Director of Administration and Community Services

Application

To provide Council with:

1. An update on the proposal received from the Rotary Club of Morley to stage an annual Bayswater Community Fair at the Bayswater Riverside Gardens.

2. Details on the future arrangements for the event.

Background

Council, at its Ordinary meeting held on 25 May 2010, considered a request from the Rotary Club of Morley to stage a Community Fair as a fundraising event within the City. Council resolved:

That: 1. The information as contained within the Bayswater Community Fair Proposal

– Rotary Club of Morley be received. 2. Officers advise the Rotary Club of Morley that the event will require further

investigation to ascertain budget requirements and the impact this event may have with existing events conducted by the City.

3. Officers to provide a report to Council in June to detail the financial implications and the impact that proposed Bayswater Community Fair event may have on other events conducted by the City of Bayswater (eg Autumn River Festival).

The City has since met with Rotary Club Morley Representative, Marcus Pobjoy, to discuss staging the Bayswater Community Fair. Mr Pobjoy advised that the Community Fair would be held in October each year at the Riverside Gardens as a fundraising opportunity promoted by the Rotary Club of Morley. The event would be themed around family fun and consist of craft stalls, food, music and other entertainment, and would have a similar style to the successful Hyde Park Community Fair.

Comment

The City holds a number of events within the month of October, including:

• The North of Perth Music Festival Winners Concert at the Morley Sport and Recreation Centre Wellington Room;

• The annual Charity Golf Day at Maylands Peninsula Golf Course; • The Early Settlers Event,; and • Bayswater Waves Family Fun Day

None of these events would clash with or detract from the proposed Community Fair.

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The Rotary Club of Morley representative has discussed the proposed Community Fair in detail with his event organising committee and has since advised that Rotary proposes to hold the first event in mid to late October 2011, ( to allow for sufficient planning and lead in time). Riverside Gardens has been selected as their preferred location, with an anticipated attendance of approximately 2000 people throughout the day. The Community Fair would run from 9:30am to 5:00pm in a fenced-off area of the reserve. A gold coin donation would be requested as an entry to the event, but would not be compulsory. The proposed event will consist of art and craft stalls, a variety of food vendors, musical entertainment throughout the day, children’s activities, roving entertainment and family rides The Rotary Club of Morley has requested the following support from the City:

• Financial donation of $7500 toward the provision of family orientated entertainment.

• Provision of waste facilities by way of twenty (20) wheelie bins and one (1) bulk bin, plus the provision of compliance checks on the day undertaken by environmental health. (Estimated value of $1,000).

• Assistance from officers through the provision of advice and expertise - especially in the areas of traffic and risk management, site acquisition and layout.

• Advice and assistance with legislative compliance surrounding food handling, electrical safety, stage, sound and marquee provision.

Rotary committee members have been invited to attend the Avon Descent and the Autumn River Festival events so that they can be briefed on the ‘set up’ procedures for events held at Riverside Gardens. This proposal represents excellent value for money and the event would add value to the City’s events programme.

Financial Implications

1. A donation of $8,500 to be considered as part of the 2011/12 budget.

2. Provision of waste facilities to the value of $1,000, (to be considered as part of the 2011/12 budget).

3. Staff resources to assist with health compliance and event promotion for the Rotary

Community Fair event

Voting Requirements

Simple Majority Required.

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Officer’s Recommendation That:

1. The information as contained within the Bayswater Community Fair Proposal – Rotary Club of Morley be received.

2. Council note the Rotary Club of Morley proposes to hold the first Bayswater Community Fair in October 2011.

3. Council approve the proposed Bayswater Community Fair to be promoted by the Rotary Club of Morley at Riverside Gardens in October 2011, and the allocation of staff resources to provide the Rotary Club of Morley with event advice and expertise.

4. Council list a budget allocation of $10,000 for consideration in the 2011/12 budget representing a donation of $7,500 to the Rotary Club of Morley, the provision of waste facilities and the provision of environmental staff resources for the proposed Rotary Community Fair in October 2011.

At the Planning and Development Services & Administration and Community Services Committee meeting: Committee Discussion The Committee considered the item and deleted points 3 and 4 as they requested further information regarding the Community Fair proposal and wished to invite the Rotary Club to a deputation at a full Council meeting.

At 8:59pm, Cr Sonia Turkington withdrew from the meeting.

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED the Committee recommendation that:

1. The information as contained within the Bayswater Community Fair Proposal – Rotary Club of Morley be received.

2. Council note the Rotary Club of Morley proposes to hold the first Bayswater Community Fair in October 2011.

3. The Rotary club of Morley be invited to a deputation.

CARRIED UNANIMOUSLY

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11.2.8 YouthCARE Chaplaincy Service Attachments: 1. YouthCARE – Morley District Letter

2. YouthCARE - Maylands District Letter Officer: Acting Director of Administration and Community Services

Application

To advise Council of the request received from Youth CARE for additional funding in the 2010/11 budget for the School Chaplaincy Service.

Background

Council has contributed funding for the YouthCARE School Chaplaincy programme since 2001. This funding has increased from $10,000 in 2001/02 to $24,420 in 2009/10, as follows:

• 2001/02 to 2003/04 $10,000 • 2004/05 to 2007/08 $20,000 • 2008/09 $24,200 • 2009/10 $24,420

The City has received a request from YouthCARE Morley (refer Attachment No. 1) and YouthCARE Maylands (refer Attachment No. 2) for funding for their School Chaplaincy Service of $29,140 and $2,700 respectively, ($31,840 in total). This represents an increase of $7,420 or 30.38% on the funding provided in 2009/10. The increase in funding has been requested to cover a shortfall in their budget to provide the service and allow a CPI increase of 2.1%.

Comment:

The City’s contribution has assisted YouthCARE to expand the services provided to support students and their families. Currently, YouthCARE has seven chaplains who work with around 4,000 students in local schools, including:

• Hampton Senior High School; • John Forrest Senior High School; • Morley Senior High School; • Anzac Terrace Primary School; and • Maylands Peninsula Primary school.

The chaplains provide a range of inclusive services that support students - irrespective of race, creed or religion. These services include: counselling, support to their families, development of social and life skills, as well as pastoral care. The Federal Government provides $42.8 million in funding to extend the National School Chaplaincy Service programme until the end of 2011. This funding is insufficient to maintain YouthCARE’s school chaplaincy service and the City’s funding is needed to keep the service at its current level. Should Council wish to continue its support of the YouthCARE service, the draft 2010/11 budget has provisionally identified $32,000 for this purpose.

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Given the level of funding requested, Council may wish to require that a quarterly report from YouthCARE be provided detailing:

- the type of services delivered and the benefits to the community; - numbers and demographics of the participants receiving the service; and - schools participating in the programme.

Policy Implications

Nil.

Financial Implications

$29,000

Voting Requirements

Simple Majority Required.

Officer’s Recommendation

That:

1. Council support the allocation of $32,000 in the 2010/11 budget for the YouthCARE Chaplaincy service, to be allocated as follows:

a) YouthCARE Morley $29,300

b) YouthCARE Maylands $2,700

2. That YouthCARE be advised that as a condition of receiving the funding, YouthCARE provide a quarterly report to Council detailing:

a) the type of services provided by the chaplains and the benefits to the community;

b) the number and ages of the students receiving the service; and

c) the schools participating in the programme

At the Planning and Development Services & Administration and Community Services Committee meeting: Committee Discussion: The Committee discussed the funding allocation and decided to increase the amounts and make a small adjustment to the budget figures.

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COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR TERRY BLANCHARD SECONDED the Committee recommendation that:

1. Council support the allocation of $33,000 in the 2010/11 budget for the YouthCARE Chaplaincy service, to be allocated as follows:

a) YouthCARE Morley $30,000

b) YouthCARE Maylands $3,000

2. YouthCARE be advised that as a condition of receiving the funding, YouthCARE provide a quarterly report to Council detailing:

a) the type of services provided by the chaplains and the benefits to the community;

b) the number and ages of the students receiving the service; and

c) the schools participating in the programme.

CARRIED UNANIMOUSLY

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11.2.9 City of Bayswater Volunteer Function –Event Debrief Attachments: 1. Volunteer Award Recipients Officer: Acting Director of Administration and Community Services

Application

To brief Council about the annual National Volunteer Week Function held for the City’s Volunteers on Tuesday, 11 May 2010.

Background

The City currently has 216 volunteers which are assigned to various council programmes. To recognise the valuable contribution that volunteers make to the community, the City hosts several functions to acknowledge the individual achievements of our volunteers. In February 2010, Council resolved to conduct three Volunteer Functions each year: • One informal function held during National Volunteers Week (all volunteers are invited). • Two formal functions held around International Thank a Volunteer Day (volunteers can

invite their partner however volunteers may only attend one formal function each year). In March 2010, Council supported an increase to the Volunteer Function budget to accommodate the increased number of functions. The amount of $38,000 has been included in the 2010/11 draft budget.

Comment

Approximately 140 guests attended the Volunteer Function which was held at the Civic Centre on Tuesday, 11 May 2010. Feedback from the City’s volunteers, suggest that the function was of great success. His Worship the Mayor presented Service Award Badges to those volunteers who had celebrated 15, 25 and 30 years of volunteering with the City of Bayswater (refer to Attachment No. 1). Special recognition was given to Mr Frank Giannini for thirty years of service. The following feedback on the volunteer function has been received by the City: • Great opportunity to meet other volunteers from a variety of services. • Abundant amount of finger food” and “red wine of excellent quality. • Venue was good. • Presentation segment was the best. • More chairs and tables to be made available. • A photo/video presentation of our volunteers at work on a large screen. • Catering requirements be requested on the invitation to cater for those who have allergies

or intolerances. • A small number of our older volunteers requested that next year the function be held

either at morning or afternoon tea time to avoid coming out at night as they find it hard to drive or do not have means of transport to attend in the evening.

Two formal Volunteer Functions have been scheduled for 30 November 2010 and 1 December 2010 at the Morley Sport and Recreation Centre.

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Policy Implications

Nil.

Financial Implications

The budget for the event was $10,000. The function held in May 2010 was conducted within budget at a cost of $7,164.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the information as contained within the City of Bayswater Volunteer Function Event Debrief be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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11.2.10 Strutt Reserve Noranda – Campania Association and Parking Matters Attachments: 1. Car Parking, Strutt Reserve Noranda

2. Aerial Photograph - Strutt Reserve Noranda Officer: A/Director of Administration and Community Services Refer: Item 11.3 : OCM : 14/04/2009

Application

To provide Council with an update on Strutt Reserve / Campania Association.

Background

At its Ordinary Meeting held on 14 April 2009, Council resolved: “That: 1. Council actively seek a more appropriate location for the Campania Association and

that the use of Strutt Way Reserve facility by the Association will be terminated when the Campania Association is relocated to a more appropriate location.

2. Council write to the Campania Association advising that they have breached the conditions outlined in the Policy RC-P06, requesting a written response on how the Association will be managing and addressing the key issues identified by the residents, those being:

• Late finish times outside Policy RC-P06; • Excessive noise in carpark when members are leaving; and • Inappropriate parking on residential verges and on Stewart Way. • And should another breach of Policy RC-P06 occur, this matter will be

referred back to Council for further consideration.” There was a great deal of Council discussion regarding the complaints received by residents with regards to the Campania Association’s usage of the Strutt Way Reserve facility. Council resolved to terminate the use of this facility by the Campania Association once an appropriate replacement site has been identified. Officers had undertaken an investigation of buildings that may be suitable to relocate the Campania Association, however the Campania Association strongly indicated its preference to be relocated to a ‘sole used facility’. As such, no appropriate location has been identified.

Comment

Campania Association members have raised the possibility of remaining at Strutt Reserve and remedy the residential concerns / issues caused by noise and parking by constructing a new car parking area in front of the facility. Council may wish to reconsider the Campania Association’s tenure at the facility given no appropriate alternative location has been identified and its recent request to remain at the facility or alternatively the Council may proceed to cease the Association’s tenure at the facility.

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Should Council determine that the Association remains at Strutt Reserve, the concerns of local residents will need to be addressed. The proposed new car park would be located on Strutt Reserve, next to the facility with access from Stirling Court. The new car park location will maximise the facility and the surrounding landscape will act as a noise buffer. This will minimise noise when members leave and minimise inappropriate parking on residential verges, (the main concerns raised by residents). In addition the carpark location will maximise the reserves current lighting framework, provide sufficient parking and improve access to the facility for all users. An aerial photograph of Strutt Reserve Noranda and a map of the proposed car park location map is attached. (Refer Attachment No’s 1 & 2). Officers estimate that the new carpark facility would cost approximately $60,000 and that an allocation be considered in the draft 2010/11 budget. Officers suggest that the current pathway from the building to Stewart Way should be removed and the area reinstated to bushland to discourage future parking along Stewart Way. All paved access to the building should be via the new proposed carpark. Council may note that currently $20,000 has been carried forward for the upgrade of the kitchen from 2008/09, with Building Services also investigating the upgrade of the changerooms. Additional funding maybe required to complete the upgrade of the kitchen and changeroom facilities to meet the current Building Code Australia. The Campania Association has expressed its approval of a proposed car park location and possible funding for the coming financial year. The Club President believes that 24 bays would not be enough and 30 should be the minimum consideration including 2 disabled car parking bays. The Campania Association would also welcome any proposed kitchen upgrades and would favourably consider a lease arrangement for the building. Should Council wish to progress with the proposed carpark, the City’s officers would seek to commence lease negotiations between the City and the Campania Association for the lease of the building located on Strutt Way Reserve based on the standard lease agreement previously adopted by Council. However, given the high level of residential concern over the future use of Strutt Reserve, officers would first suggest that consultation be undertaken with surrounding residents on the following matters: 1. Proposed additional carparking facilities and the location of such facilities. 2. Proposed facility upgrades. 3. Proposed lease to Campania Association to use Strutt Reserve

Policy Implications

RC- P06 – Use of Strutt Way Reserve and the Building on that Reserve.

Financial Implications

$60,000 for the construction of a proposed car park at Strutt Way Reserve has been listed for consideration in the draft 2010/11 budget. $20,000 to upgrade the kitchen facilities has been listed as a carried forward item in the 2010/11 draft budget.

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It is recommended that these budget allocations be subject to Council’s review of the public consultation outcomes.

Voting Requirements

Simple Majority Required.

Officer’s Recommendation That Council:

1. Authorise the City’s officers to undertaken consultation with residents surrounding Strutt Reserve on the matters below and report back to Council on the consultation outcomes:

a) Proposed lease to Campania Association to use Strutt Reserve;

b) Proposed facility upgrades; and

c) Proposed additional car-parking facilities and the location of such facilities.

At the Planning and Development Services & Administration and Community Services Committee meeting: Committee Discussion:

The Committee discussed the item and considered that the Campania Association should be consulted regarding a contribution towards the kitchen upgrade.

At 9:01pm, Cr Sonia Turkington returned to the meeting.

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR GRAHAM PITTAWAY MOVED, CR MIKE ANDERTON, JP SECONDED the Committee recommendation that Council:

1. Authorise the City’s officers to undertaken consultation with residents surrounding Strutt Reserve on the matters below and report back to Council on the consultation outcomes:

a) Proposed lease to Campania Association to use Strutt Reserve;

b) Proposed facility upgrades; and

c) Proposed additional car-parking facilities and the location of such facilities.

2. The Campania Association be requested to provide confirmation of their financial contribution to the proposed kitchen upgrade at Strutt Reserve.

CARRIED UNANIMOUSLY

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11.2.11 Russian Social Club of WA Inc – Request for Space Maylands Library Attachments: Correspondence - Russian Social Club of WA Inc Officer: Acting Director of Administration and Community Services

Application

To consider a request from the Russian Social Club of WA Inc, to allocate space in the new Maylands Public Library to house their private Russian language collection.

Background

The Russian Social Club of WA wrote to the City of Bayswater in April 2010 requesting that space be made available in the new Maylands Public Library to house a Russian language collection (refer to Attachment). Since 2001, this collection has been housed in a small anti-room adjoining the stage area of the Maylands Library. No records could be located indicating that the decision to provide space was a result of a formal direction from Council. The collection’s holdings are not linked or in anyway associated with the Maylands Library’s collection. Volunteers from the Russian community undertake all tasks associated with the collection using software installed on their own PC. The Maylands Branch Librarian has advised that the collection receives less than thirty five (35) patron visits per week and is available to members of the Russian community for approximately five (5) hours per week. Housing the Russian and similar collection in the City’s Libraries has several implications:

Statutory and legal considerations Due to items being written or spoken in Russian, the City’s librarians are unable to assess the suitability of items held in the Russian collection. This is a concern as the City’s librarians are unable to ascertain if the content of items contravenes state and federal statutes. All other non-English language items held by the City’s libraries are vetted and catalogued by the State Library Service. The majority of items in languages other than English held in WA public libraries are supplied in this way. A small number of public libraries acquire stock to augment material supplied by the State, but none maintain their own collections. These libraries have staff members with the necessary language and professions skills to assess these acquisitions. Regardless of who owns or manages the contents of a collection, the City will be deemed liable if any item held within one of their libraries is found to contravene a state or federal statute. It is important therefore, that Council or State Library officers assess all items acquired and that all items are owned by the City or the State Government. All items not purchased need to be passed into the ownership of City and be assessed for inclusion in the collection using selection criteria set out in Policy No. LB-P07 Libraries – Donations. Social neutrality An important consideration in locating community owned, culturally specific collections in libraries is the impact these collections will have on the need for public libraries to be perceived as places that are politically, socially and culturally neutral. To-date, the location of the Russian collection in the rear anti-room has obscured its existence and purpose. The open plan nature of the new library will change this, as the collection would need to be housed in the Library’s main public area. Its location will increase the visibility of both the collection and the activities of the volunteers engaged in managing the collection. Given the cultural and religious diversity of the Maylands community, some residents may consider our support for a specific cultural group inappropriate.

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Logistical considerations The shelving currently used by the Russian Social Club to house their collection is a mismatch of warehouse style steel shelving. This shelving is aesthetically and in design terms inappropriate for use in a public library. To adequately house the collection in any of the City’s libraries will require the purchase of an additional twenty two (22) bays of library shelving at an estimated cost of $6,500 (ex GST) and the location of 45 to 50 square metres of space. Additional space would also be needed to store boxes of un-shelved stock and a desk. The shelving bays that can be comfortably installed in the new library are only sufficient to hold the Library’s own collection. The additional bays required for the Russian collection would have to be located in an area assigned as a sitting/reading area. Space for this purpose in the new Library is already very limited. These spaces are an essential component of a successful service model for contemporary public libraries.

Comment

The pros and cons of granting the request from the Russian Social Club of WA have been carefully considered by officers. The inability of the City’s librarians to assess the contents of items not written or spoken in English and not supplied by the State Library Service exposes the City to being held responsible for the dissemination of inappropriate or illegal material. The focus on this issue has highlighted the risks and difficulties involved in acquiring and assessing both individual items and collections that are not owned by Council or the State Government. Although the current policy for the acceptance of donations covers most contingencies, it needs to be broadened to include the donation of large collections. The housing of the Russian collection in main area of the new library will impact on the space available for other purposes. This will have a negative impact on the amenity of other library patrons and potentially harm the library’s image as a neutral and inclusive place. Although the granting of the request would benefit the small number of individuals that use the Russian collection, it will have a larger negative impact on the overwhelming majority of patrons using the new library. The group providing the Russian collection see their collection as an important resource for their community members. Unfortunately the City’s Libraries are not the appropriate place to house this collection in its current format.

Policy Implications

Policy No. LB-P07 Libraries – Donations.

Financial Implications

Installation of additional shelving, estimated cost $6,500.

Voting Requirements

Simple Majority Required

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. The request from the Russian Social Club of WA to have space allocated in the proposed Maylands Public Library not be granted.

2. The Russian Social Club of WA be informed of this decision and be offered assistance in finding a suitable alternative venue for their collection.

3. The Manager Library Services review Policy No. LB-P07 Libraries – Donations and include draft criteria that provide clear guidelines for officers assessing the acquisition of private collections and items in languages other than English.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE

Application

To inform the Council of the minutes of the meetings of the Technical Services & Finance and Personnel Committee, which was held on 15 June 2010.

Background

A copy of the minutes of the meeting of the Technical Services & Finance and Personnel Committee, which was held on 15 June 2010, follow this report.

COUNCIL RESOLUTION

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED that the minutes of the meeting of the Technical Services & Finance and Personnel Committee, which was held on 15 June 2010, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE MINUTES 15 JUNE 2010

CITY OF BAYSWATER

MINUTES of the meeting of the Technical Services and Finance and Personnel Committee which was held in Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Tuesday 15 June 2010 commencing at 7:12 pm.

NOTE: - Committee recommendations 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 Chairperson Cr Michael Sabatino Cr Mike Anderton, JP Cr Alan Radford Cr Sally Palmer Cr Marlene Robinson (Deputising for Cr Terry Kenyon) Cr Sonia Turkington (Deputising for Cr Terry Blanchard)

Officers

Ms Francesca Lefante Chief Executive Officer Mr Ted Budzinski Director of Finance Mr Doug Pearson Director of Technical Services Mr James Riley Manager of Environmental Health Ms Deirdre Cooper A/Minutes & Agenda Coordinator Ms Wardia Du Toit PA – Director of Technical Services

Leave of Absence

Cr Terry Kenyon, JP, Mayor (Attending interstate conference)

Observer

Cr Sylvan Albert Cr Graham Pittaway, OAM

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE MINUTES 15 JUNE 2010

Apologies

Absence

Cr Terry Blanchard

DELEGATED AUTHORITY / TERMS OF REFERENCE

Delegated Authority

There were no items appearing in these minutes for which the Technical Services Committee had been granted delegated authority to act by the Council in accordance with Section 5.23 of the Local Government Act 1995 and therefore the meeting was not open to the public.

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.

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FOR INFORMATION ONLY

This page does not form part of the Council minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE MINUTES 15 JUNE 2010

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.

15 June 2010 Cr Graham Pittaway Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Barry McKenna Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Alan Radford Item 1.9 – EMRC Council Meeting – 20 May 2010 15 June 2010 Cr Barry McKenna Item 2.4 Donation – Edmund Rice Camps for Kids WA 15 June 2010 Cr Sylvan Albert Item 2.8 – City of Bayswater Business Reference

Group – Terms of Reference 15 June 2010 Cr Mike Anderton, JP Item 2.8 – City of Bayswater Business Reference

Group – Terms of Reference

CONFIRMATION OF MINUTES

CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED, that the minutes of the meeting of the Technical Services & Finance and Personnel Committee meeting held on Tuesday, 18 May 2010, which had been circulated, were confirmed as a true and correct record.

CARRIED UNANIMOUSLY

DEPUTATIONS

Deputations are closed to the public. Nil.

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12.1 Technical Services

12.1.1 Rose Avenue Park Development Proposal Attachments: Location Plan

FORAP Sketch Plan Development Proposal $20,000 Development Scope

Officer: Director of Technical Services Refer: Item 12.1.7 OMC 27.04.10

Application

To seek Council’s consideration of a community garden proposal for development and management of Rose Avenue Reserve, Bayswater.

Background

At the Ordinary Meeting of Council of 27 April 2010, Council resolved;

“That this Item be deferred in order for further information to be provided on the following matters: 1. A review of the $56,500 cost estimate for the community garden. 2. Provision of the ‘sketch plan’ referred to in the report as provided by the ‘Friends

of Rose Avenue Park’. 3. Information of who will be providing the plants for the park (residents/Council)

and can this be compared to other municipal community gardens. 4. Are other community gardens constituted organisations? 5. What guarantees are there that, if put in place, the community garden will be

maintained and by whom. 6. Cost breakdown of current supplementary services provided (supplementary truck

watering twice a week/periodic lawn mowing/basic tree maintenance and litter removal).

7. What is the size of other community gardens and what size would the proposed

garden be? 8. The TOD study and link to the airport are years away, could this area be used

temporarily for the proposed purpose of a community garden. 9. Who runs the other perma-culture facility on Railway Parade? How long has it

been there and what are the associated conditions of its operation/approval.

10. Adequate community consultation. 11. What would the cost of a bore on site be.

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12. Would there be a requirement for a wall or fencing and what would the cost be.”

In the Comment section of this report, the 12 numbered matters of Council’s request are again listed and responded to accordingly by Officers.

Rose Avenue Reserve is an unirrigated park of 750m2 including verges, with a good cover of grass and a number of mature and semi-mature trees. It lies within the cultural heritage precinct of Bayswater and was within the nursery land holding of the Smeed Family who established a nursery business on 10 acres between Drake and Coode Streets. Attachment 1 shows the location of the reserve. The park was named after Rose Lilly Smeed, daughter of William Leonard Smeed, Chairman of the Bayswater Road Board (1901) and Sarah Smeed in charge of the pre-post office mail bag for the locality.

Residents in the immediate vicinity of Rose Avenue installed a number of fruit trees on the northern edge of Rose Avenue Reserve in around 2001. The adjacent neighbours provided water and the City has been providing supplementary truck watering twice a week during summer. A number of letters from residents in Rose Avenue have been received, relating to requests for care and materials for further development of the reserve. The City provides a periodic mowing service to the grass surface, addresses serious weeds and removes litter. Up until a recent request from local resident Greg Smith, the City was also undertaking some tree maintenance in the form of mulching and pruning. In November 2009 Greg Smith of 16 Rose Avenue, representing Friends of Rose Avenue Park (FORAP), prepared a sketch plan and a list of items for inclusion in the park (refer Attachment 2). On returning from his leave, further discussions were held between Mr Smith and the City’s Manager for Gardens and Landscaping, Joanne Smith. The development proposal was refined to address all the FORAP’s requests and Mr Smith was advised that the proposal would be listed for Council’s consideration for inclusion in the forthcoming 2010/11 capital works program. These discussions have also worked some way towards determining the proposed use and community ownership of the park. Attachment 3 sets out the proposal items, estimated costs totalling $56,500 and allocated management responsibilities.

Comment

Firstly, when considering this proposal, Council needs to determine if the proposed use is suitable for the particular site or is the best use for the site in terms of the wider community.

In this context, the City is certain to be undertaking planning studies in relation to Transit Orientated Designs (TOD) and redevelopment of the Bayswater Townsite in the near future. The potential use of the Bayswater Train Station as a bus or rail link to the airport also needs to be considered. Given the potential high profile development of the area (rail link to airport etc.) a community garden may be inconsistent with the ultimate character for the townsite. With respect to the current proposal, Mr Smith has enthusiastically voiced the local community’s desire and need for a community garden for the meeting of community members and growing vegetables, flowers and fruits. Mr Smith has advised that he will make arrangements for nearby residents to undertake working days to manage the property and risks associated with such an endeavour. It is not clear that FORAP has a membership and commitment to successfully execute such a project. Prior to works being initiated at the site, an agreement detailing responsibilities will need to be formalised between the City and FORAP.

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The following is provided in response to Council’s resolution of 27 April 2010; 1. A review of the $56,500 cost estimate for the community garden.

The estimate for $56,500 is based on the development proposal in the letter of November 2009 submitted by Greg Smith and further discussions of clarification between Mr Smith and Officers of the City. The estimate and schedule (refer Attachment 3) itemises each construction portion of the proposal and relies on free of cost unskilled labour provided by the Community. Should Council resolve to reduce the funds allocated to this project, this would be best achieved by reducing the scope of the project such as removing the pergola and sign portion and thereby reducing capital costs by around $5,000; and/or staging the works over a number of years, subject to annual review of the project’s success. Options for a reduced cost approach are explored further under each of the question responses.

The most costly items relate to the supply and installation of retaining walls and an

automatic irrigation pipe work system. Officers consider the walls to be fundamental to creating robust terracing for the gardening activities and to achieve the best cost benefit outcome for amenity at this key town centre site. The irrigation system is readily accessible from the groundwater supply and pumping system opposite. Other proposals were discussed, such as for a rainwater tank onsite remotely filled by truck or bore. This system would not provide better water supply cost or environmental benefits, relies on manual application by community members and does not provide for grassed verge watering and efficiencies gained through efficiently designed and applied irrigation systems, ie. The quantity of water applied is unmonitored and would be applied unevenly over the site, exacerbated by a lack of pressure from a gravity feed arrangement. The higher capital cost of the irrigation significantly outweighs the ongoing costs and unreliability of a manual watering arrangement.

To substantially reduce the capital cost of the project, the scope of works should be

accordingly restrained. This could result in a partial or less intense use of the site. 2. Provision of the ‘sketch plan’ referred to in the report as provided by the ‘Friends of

Rose Avenue Park’.

The sketch plan and list of items requested is provided as Attachment 2. 3. Information of who will be providing the plants for the park (residents/Council) and

can this be compared to other municipal community gardens.

The estimate and schedule (Attachment 3) assumes that the City will supply plants and pea straw mulch annually at a cost for around $400. The Community members would then prepare beds, undertake weed control and fertilising, and install seeds/seedlings and mulching. At the time of finalising a formal agreement between FORAP and the City, it may be agreed that the supply of plants and mulch be the responsibility of the community rather than the City. Of the other municipal community gardens investigated by Officers, all supplied their own gardening materials after the initial construction phase.

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4. Are other community gardens constituted organisations?

The formal arrangements, physical form and management of community gardens is as varied as the number of shared gardens in existence. Officers investigated a number of places in the Perth CBD defined as community gardens. The Director Technical Services has previously visited the Ceres project in Melbourne and the Manager Gardens and Landscaping recently spent a day with the founding members of the Veg Out Community Gardens St Kilda, whilst visiting friends in Melbourne. Although the gardens varied enormously, some common themes were apparent for the most successful:

Managing community groups are incorporated to facilitate public liability insurance, attract grants, manage funds and consolidate objectives and activities.

Often the managing body is an organisation that operates in an adjacent facility. For example they may have a place of regular worship, educational or cultural activities and a steady number of like minded participants. The stronger the common interests of the group, the more likely they will retain commitment to the gardening project. The St Kilda Veg Out gardens were initiated by a group of artists who occupied the disused bowling green buildings. With a strong sense of environment aesthetic and social observation they were able to plan, organise and administer a large complex multiple ownership project.

The need for a public gardening place must be greater than the environment available for gardening in local homes. The St Kilda gardens offer for a small rent plots of 5x2m to individuals who often do not have enough sunlight in their high density housing to sustain growing vegetables. The Ceres gardens were developed from a need to rehabilitate a disused quarry and tip site for an environmental and cultural community benefit.

A strong commitment to a stated vision and objectives is necessary for the garden to operate cohesively and provide for flow on community benefits. It is evident that the success of a community garden largely comes from the character of the place which develops from the people involved. The St Kilda Veg Out garden is an excellent example of a well managed and beautiful community facility. This is as a result of the artist community being very clear about how the garden plots should be allocated, set out and built, what materials should be used, encouraging gardeners to be artists by bringing the site together with sculpture, mosaic and a keen sense of form and structure, and through participation in regular organised events and competitions.

Those involved and those who regularly pass by or live near the garden, must see

that the garden contributes to their quality of life. If the site is unsightly, poorly managed, environmentally detrimental, exclusive, or draws heavily on resources, it will fail in the short term. .

5. What guarantees are there that, if put in place, the community garden will be maintained and by whom?

It is essential to have a formal written agreement between the community group and local government, clearly detailing responsibilities and commitments. The agreement should also include a review process and timeframe for negotiating better outcomes, should the need arise.

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6. Cost breakdown of current supplementary services provided (supplementary truck

watering twice a week/periodic lawn mowing/basic tree maintenance and litter removal).

The current annual budget allocation of $2,000 to Rose Avenue Reserve is for activities related to:

Passive park mowing six times per year at an hour each service. Weed spraying four times per year for at an hour each service. Materials for mulching, fertilising, etc $350.

Additional expenditure at this park is allocated to other budgets for: Tree truck watering once per week during winter months (May to September) and

twice during summer months (October to April). Litter pick up and disposal.

7. What is the size of other community gardens and what size would the proposed

garden be?

The size of community garden must correspond to the number of people and benefit gained. Small enclosed spaces can be easily managed by a small group of people such as at a Community Centre where mothers and small children can work during day time and secure the remote site at night time. It is easier to administer, maintain and find commonality in objectives. A large garden of 3,000m2 or more requires greater commitment of a group of dedicated individuals to manage and keep others to task. Essentially the size of the site should be related to number and skills of the individuals of the community group and the anticipated life of the garden project. Of the larger gardens investigated, Ceres is 4.5km2, St Kilda Veg Out is 3,000m2 and the Fremantle Environmental Resource Network site is 3,600m2. Each of these projects have intensively developed sites including a number of building facilities, day time residency and a wide range of scheduled educational and cultural development activities. Rose Avenue is very small site at 750m2, including verges. It is not clear how the site is to be managed by the FORAP group. Should a system of individually managed vegetable plots be applied then the site would support around 5 to 7 individuals, with limited to no common space for meeting, composting or storage facilities. In addition Alinta Gas have indicated that there will be construction and planting set back constraints in relation to the high pressure gas main through the site, further reducing development space available.

8. The TOD study and link to the airport are years away, could this area be used

temporarily for the proposed purpose of a community garden?

The TOD study does not preclude the site from being used as a community garden. How the site is utilised and developed in the short term is a matter for Council to determine based on the information in this report and considerations for equity across the City of Bayswater.

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9. Who runs the other perma-culture facility on Railway Parade? How long has it been

there and what are the associated conditions of its operation/approval?

Nearby to Rose Avenue Reserve at Lot 8957 (68A) Railway Parade is a City of Bayswater Reserve 32356 leased to the Hare Krishna Food For Life Inc. The gardens are utilised exclusively for perma-culture vegetable and fruit growing by that community group. The group also utilise a nearby building for worship and other activities. The lease was commenced in 2001 and they have recently relocated to new facilities in Kalamunda and are currently in discussion with the City regarding the continued use of the City’s site for gardening.

10. Adequate community consultation.

Any development or changed use of the Rose Avenue Reserve will be subjected to wider community consultation. This is particularly important with regard to any changes in public access and utilisation of the reserve. The draft agreement between FORAP and the City will require community endorsement as it may be viewed to be an exclusive use by the group of a public open space currently available to all.

11. What would the cost of a bore on site be?

A bore at this location is unnecessary given the proximity of an existing ground water bore, pump and associated electrics on the opposite side of Railway Parade. There is adequate run time available on this system to accommodate the additional running hours required to meet Rose Avenue Reserve’s needs, whilst meeting the Department for Water’s requirements and still gaining the benefits of off peak power rates on the pump. Should it be resolved to install a stand alone ground water sourced irrigation system, capital costs would be around $50,000 for a bore, power to site, pump and discharge system, flow monitor and electrical cabinet, in addition to the estimated $18,750 for irrigation valves, pipe work and sprinklers (refer Attachment 3) .

12. Would there be a requirement for a wall or fencing and what would the cost be?

The schedule of costs and program of works (refer Attachment 3) indicates a construction amount of $18,000 for low limestone walls and $1,600 for gates and a small portion of fencing. Officers considered limestone walls to be the most appropriate material for achieving garden terracing, screening and fencing at this high profile location. Fencing off the gardens was at the FORAP’s request to limit vehicle and uncontrolled pedestrian access across the reserve. Should Council resolve to limit the life of the project subject to further planning investigations, limestone retaining can be limited to achieve basic plot levelling, with the balance of the boundary simply fenced. This could be achieved for around $10,000 less, with some loss to ease of management and visual amenity.

The following options would appear to be available to Council; Option 1: Consider the allocation of funds on the 2010/2011 budget for the development of

Rose Avenue Reserve as a community garden. Should Council select this option, it is proposed to formulate an agreement between FORAP and the City for the management of the reserve.

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Option 2: Advise the applicants that the City is not prepared to proceed with the proposal

until relevant planning studies have been undertaken in the area. Option 3: Support a lesser scale of development as a community garden pending the

finalisation of the relevant planning studies. A capital allocation of $20,000 could provide improvements to the area such as some fencing and planting however, residents would need to provide for watering and maintenance. An indication of the scope of development possible with $20,000 is provided in Attachment 4. An agreement between FORAP and the City will be required for development and management of the reserve.

It is recommended that Option 3 be adopted and that FORAP be advised of Council’s decision by the Director Technical Services. Investigation of this matter has also highlighted anomalies with the reserve boundary which currently indicates a portion of the roadway as shown on the attached location plan. It is proposed to initiate subdivision and amalgamation processes to rectify this anomaly.

Policy Implications

Nil.

Financial Implications

Should Council consider the project worthwhile, funds should be included in the draft 2010/2011 capital works program for prioritising against all other requests for that budget year.

Voting Requirements

Simple Majority Required

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation 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 processes to amend the boundary of Reserve 23080 to separate the portion of roadway that currently exists with the reserve.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

At the Technical Services & Finance and Personnel Committee Meeting:

VOTES FOR: VOTES AGAINST: Cr Marlene Robinson Cr Mike Anderton, JP Cr Barry McKenna Cr Alan Radford Cr Sally Palmer Cr Sonia Turkington Cr Michael Sabatino

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12.1.2 Mount Lawley Subway Beautification Proposal Location: Intersection Guildford Road and Whatley Crescent,

Maylands Attachments: Location Plan

Example of Artwork Officer: Director of Technical Services Refer: Item 12.3 OMC 13.10.09

Application

To provide Council with an update on the progress of the project for beautification of the Mount Lawley Subway by installing an artwork, prepared by local youth, to the subway walls. (Refer Attachment 1 location plan).

Background

At the Ordinary Council Meeting of 13 October 2009, it was resolved:

“That Council: 1. Approves the City of Bayswater’s participation in a project to beautify the Mount

Lawley Subway and surrounds in conjunction with the Town of Vincent, City of Stirling, Public Transport Authority (PTA) and Main Roads WA (MRWA).

2. Writes to the City of Stirling, seeking their support for the project; 3. Notes that a further report will be submitted on this matter as the proposal is

progressed and cost implications are determined. This matter was originally initiated by the Member for Mount Lawley, Mr Michael Sutherland, MLA and City of Bayswater officers have met and been in correspondence with officers of the MRWA, PTA, City of Stirling and the Town of Vincent regarding an overall intersection beautification proposal and specific local treatment requirements for the road and rail reserve verges. With regard to the subway wall artworks proposal:

• All authorities have agreed that an artwork installation (refer Attachment 2) example of artwork) onto the walls of the subway is worthwhile and the City of Bayswater have undertaken to project manage this portion of the project.

• Bayswater City officers have prepared a survey base plan of the walls and have

sought quotes for a suitable substrate to fix to the walls, on which to apply the artworks. Quotes have been sought for an artist to prepare a design to be approved by Bayswater and Vincent elected members, prior to the youth implemented works beginning.

• The Town of Vincent have provided an in principle agreement to contribute to the

design brief and costs for installation of the artworks.

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A proposal for landscaping to the Whatley Crescent verge and railway reserve portion has been developed in conjunction with the Subway beautification project and is addressed in a separate agenda item (refer to Item 1.3 of this Agenda).

Comment

Quotes have been received from three reputable companies to design and implement the artworks in conjunction with local youth. Staff are also awaiting a quote from Artage. Final selection will be based on cost, the quality of their submissions and engagement of youth:

Drew Straker/David Garland $ 16,850 Freestyle Now $ 8,360 The Yard $ 8,978

It is anticipated that the artwork may be commissioned and fixed onto the walls approximately six weeks from commissioning a suitable contractor.

Policy Implications

Nil.

Financial Implications

The table below outlines a preliminary estimate of costs for the Subway artwork project. If approved, the project could be completed by September 2010.

ITEM CONSTRUCTION ITEM SOURCE QTY UNIT EACH TOTAL 1 Stakeholder consultation City of Bayswater 1 ea 0.00 02 Dial Before You Dig City of Bayswater 1 ea 0.00 03 Artwork by artist and youth Contract 1,200 m2 9.00 10,800

4 Artwork substrate and installation Contract 1,200 m2 14.50 17,400

5 Artwork traffic management Contract 12 hrs 600.00 7,200

6 Unauthorised graffiti management City of Bayswater 26 hrs 50.00

$35,400 It is recommended that Council include in the forthcoming 2010/2011 capital works program an expenditure allocation of $17,700 to undertake the Mount Lawley Subway beautification artworks and authorise the Director Technical Services to gain final design approvals from service authorities, Ward Elected Members and His Worship the Mayor for the City of Bayswater and adjacent Councils and to seek financial or in-kind contributions from the Town of Vincent, PTA, MRWA and City of Stirling to meet the remainder of funds required.

Voting Requirements

Simple Majority Required

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Officer’s Recommendation That Council:

1. Notes the progress to date of the Mount Lawley Subway Beautification proposal.

2. Authorises the Director Technical Services to liaise with His Worship the Mayor, Ward Elected Members, the Town of Vincent, City of Stirling, Main Roads WA (MRWA) and Public Transport Authority (PTA) for the finalisation of the Mount Lawley Subway Beautification design and implementation works.

3. Considers an allocation in the forthcoming 2010/2011 draft budget of $17,700 for the Mount Lawley Subway Beautification works.

At the Technical Services & Finance and Personnel Committee meeting: Committee Discussion: The Committee considered the funding allocation and felt that this should be deferred to the 2011/2012 budget due to the financial constraints on the current budget, and amended the recommendation to reflect this. They further considered that sponsorship be sought from local businesses and amended the recommendation accordingly. Committee Amendment

CR MARLENE ROBINSON MOVED, CR MIKE ANDERTON, JP SECONDED that Council: 3. Seek sponsorship from local businesses subject to relevant approval prior to 2011/2012

budget consideration.

4. Considers an allocation in the forthcoming 2011/2012 draft budget of $17,700 for the Mount Lawley Subway Beautification works.

CARRIED

VOTES FOR: VOTES AGAINST: Cr Mike Anderton, JP Cr Sonia Turkington Cr Alan Radford Cr Michael Sabatino Cr Marlene Robinson Cr Barry McKenna Cr Sally Palmer

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COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED the Committee recommendation that Council:

1. Notes the progress to date of the Mount Lawley Subway Beautification proposal.

2. Authorises the Director Technical Services to liaise with His Worship the Mayor, Ward Elected Members, the Town of Vincent, City of Stirling, Main Roads WA (MRWA) and Public Transport Authority (PTA) for the finalisation of the Mount Lawley Subway Beautification design and implementation works.

3. Seek sponsorship from local businesses subject to relevant approval prior to 2011/2012 budget consideration.

4. Considers an allocation in the forthcoming 2011/2012 draft budget of $17,700 for the Mount Lawley Subway Beautification works.

CARRIED

At the Technical Services and Finance and Personnel Committee Meeting:

VOTES FOR: VOTES AGAINST: Cr Terry Kenyon, JP Cr Michael Sabatino Cr Barry McKenna Cr Sonia Turkington Cr Mike Anderton, JP Cr Sylvan Albert Cr Marlene Robinson Cr Terry Blanchard Cr Sally Palmer Cr Graham Pittaway Cr Alan Radford

VOTES FOR: VOTES AGAINST: Cr Barry McKenna Cr Sonia Turkington Cr Mike Anderton, JP Cr Michael Sabatino Cr Sally Palmer Cr Alan Radford Cr Marlene Robinson

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12.1.3 City of Bayswater Western Entry Landscaping Proposal Location: Intersection Whatley Crescent and Guildford Road,

Maylands Attachments: Location Plan

Concept Design Officer: Director of Technical Services

Application

To provide Council with an update on the progress of the project for the City of Bayswater western entry by landscaping Whatley Crescent verge and a portion of the Perth Transport Authority (PTA) land parallel to the railway (refer Attachment 1 location plan).

Background

In the current financial year, Council allocated the following funds for landscaping an entry statement at this location:

ITEM ACCOUNT AMOUNT Whatley/Guildford Road Entry C91400 $54,915 Whatley Crescent Lighting C91500 $14,952 Entry Statement F33500 $20,000

TOTAL FUNDS AVAILABLE $89,867 In addition, at the Ordinary Council Meeting of 13 October 2009, Council resolved to undertake a project to beautify the Mt Lawley Subway. This proposal is addressed in a separate agenda item of this report to Council. City of Bayswater officers have met and been in correspondence with officers of the PTA, City of Stirling and the Town of Vincent regarding an overall intersection proposal and specific local treatment requirements for the road and rail reserve verges. With regard to landscaping the City entry:

• The City of Stirling have prepared an un-irrigated native species planting plan for the north western side of the rail embankment and have submitted the proposal to the PTA for that authority’s written approval. The weed removal and planting works are to be undertaken during the winter months of 2010.

• The Town of Vincent has advised that further to a previous National Tree Day

project, supplementary native species planting will be undertaken to the East Parade and West Parade verges during the 2010 winter months.

• Officers of the City of Bayswater have investigated various design proposals and

sought the advice of the PTA and utility service providers for the site. Residents opposite the landscape site have been consulted with regard to their views of the Perth city skyline and the entry.

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Comment

A conceptual design for landscaping the Whatley Crescent verges from Guildford Road to the Mount Lawley train station car park has been prepared (refer Attachment 2) for comment and review prior to detailed design and installation. Approvals are yet to be gained from the PTA given there are design constraints related to the electrical railway buffer and adjacent land ownership, and from Alinta Gas given there is a high pressure main through the verge of Whatley Crescent and the adjacent PTA lot. The sketch proposal meets a number of important design criteria for the site, being to:

• Provide arrival and orientation queues as a formally landscaped entry statement to the City of Bayswater, with plantings of distinctive colour and texture, appropriately scaled signage and appropriate night time illumination. As detailed, the proposal advocates the upsizing of the standard entry statement signage to provide a sign that is more in keeping with the other elements of the proposed landscaping plan.

The existing entry statement sign can be relocated to an alternative site. Should the Council wish to retain a standard size for entry signs throughout the City, this element could be removed, however the impact and the suitability of scale of the entry statement signage would be reduced accordingly.

• Create interest and bring together positive elements with simple and uniform

treatments such as continuing the limestone wall from the billboard signage and installing large scale plantings, appropriate to the road traffic environment.

• Reduce the impact of disparate elements in the landscape, by screening them and

drawing the eye to attractive elements. • Address lack of irrigation supply by utilising Waterwise landscaping principles,

given the Department of Water have refused a licence to take groundwater due to a full allocation in this location.

• Manage illegal parking and improve pedestrian and cyclist movements. • Address utility and transport network provider’s requirements. • Stage works over two Municipal budget periods from June to October 2010 to

optimise funds available.

Policy Implications

Nil.

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Financial Implications

Estimates for the project including the entry sign upsizing and associated landscaping total $128,467. The two tables below summarise anticipated funding and capital expenditure from the current year’s allocations with the wall and paving construction, plant installation and establishment works to be funded in the 2010/2011 capital works program:

Whatley Crescent Landscape Proposal : FUNDING PROPOSAL

PROJECT DESCRIPTION 2009-10 C91400

2009-10 C91500

2009-10 F33500

2010-11 TBA TOTAL

Whatley/Guildford Entry 54,915 54,915Whatley Crescent Lighting 14,952 14,952Entry Statement 20,000 20,000Western Entry soft landscaping 38,600 38,600

Project Total $128,467

Whatley Crescent Landscape Proposal : PROJECT SUMMARY 2009-10 2009-10 2009-10 2010-11 DESCRIPTION C91400 C91500 F33500 TBA

TOTAL

Stakeholder consultation 0Up scale City entry sign and lighting 14,952 13,015 27,952Gas main supervision 500 500 1,000Hard landscaping (paving and walls) 0Purchase of plant stock 15,915 485 16,400Site preparation 19,000 19,000Tree transplanting 20,000 6,000 26,000Hard landscaping 10,000 10,000Shrub and tree planting 28,100 28,100

Project Estimate $54,915 $14,952 $20,000 $38,600 $128,467

It is recommended that Council include in the forthcoming 2010/2011 capital works program an allocation of $38,600 to complete the landscaping works to the City of Bayswater western most entry statement.

Voting Requirements

Simple Majority Required

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At the Technical Services & Finance and Personnel Committee meeting:

Committee Amendment

CR MARLENE ROBINSON MOVED, CR SECONDED that:

2. Considers an allocation in the forthcoming 2011/2012 draft budget of $38,600 for second stage works to the City of Bayswater Western Entry Statement.

LAPSED

Committee/Officer Recommendation)

That Council:

1. Notes the progress to date of the Whatley Crescent/Guildford Road entry project.

2. Considers an allocation in the forthcoming 2010/2011 draft budget of $38,600 for second stage works to the City of Bayswater Western Entry Statement.

AMENDMENT CR MARLENE ROBINSON MOVED, CR ALAN RADFORD SECONDED that Council: 1. Notes the progress to date of the Whatley Crescent/Guildford Road entry project.

2. Considers an allocation in the 2011/2012 budget of $38,600 for second stage works to the City of Bayswater Western Entry Statement.

WITHDRAWN

Council Discussion As there was some uncertainty in relation to the available sources of funding, it was decided to defer the matter pending further funding information.

COUNCIL RESOLUTION

CR MICHAEL SABATINO MOVED, CR MARLENE ROBINSON SECONDED that this matter be deferred for further information on funding.

CARRIED

At 9:54pm, Cr Graham Pittaway withdrew from the meeting.

VOTES FOR: VOTES AGAINST: Cr Terry Kenyon, JP Cr Sonia Turkington Cr Michael Sabatino Cr Sylvan Albert Cr Barry McKenna Cr Mike Anderton, JP Cr Marlene Robinson Cr Sally Palmer Cr Graham Pittaway Cr Terry Blanchard Cr Alan Radford

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At the Technical Services and Finance and Personnel Committee Meeting:

VOTES FOR: VOTES AGAINST: Cr Michael Sabatino Cr Marlene Robinson Cr Mike Anderton, JP Cr Alan Radford Cr Barry McKenna Cr Sally Palmer Cr Sonia Turkington

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12.1.4 Bayswater Senior Citizens Centre Request for Tree Removal Location: Cnr King William Street and Olfe Street, Bayswater Attachments: Location Plan Officer: Director of Technical Services Refer: Item

Application

To seek Council’s consideration of a request from the Bayswater Senior Citizens Centre for the removal of mature palm trees (refer Attachment).

Background

At the Ordinary Meeting of Council of 23 March 2010, Council considered the Minutes of the Senior Citizens Centres Management Committee Meeting and resolved:

“1.1 Bayswater Senior Citizens Centre 2010/2011 Request That the following items be quoted and listed for inclusion in the draft 2010/2011

budget for the Bayswater Seniors Centre:

e) Technical Services to investigate the removal of Palm trees at the front of the building and report back to Council.”

Sixteen mature palm trees, fifteen Queen or Cocos palms (Arecastrum romanzoffianum) and one Fan palm (Washingtonia robusta) line the front of the Bayswater Senior Citizen Centre and Library building. They are in good health and have grown to a mature height of around 10 metres. The palms form a sentry of columns along the façade of the building and their canopies softening the brick and glass frontage and providing some summer shade from the western sun. The trees annually produce large racemes of flowers followed by a proliferation of orange berries. The berries and large woody flower husks then fall from the trees. Staff at the Senior Citizens Centre have reported that children have sometimes pulled any low hanging leaves to the ground. Berries and leaves have been thrown over the pathways and into the entry and foyer of the building itself. This has caused serious concern for those with sight or mobility impairments.

Comment

Immediately upon receipt of this request, staff assessed the trees and arranged for the canopies to be heavily pruned on 20 May 2010, to remove any remnant flowers and potential hanging leaves from reach. The trees are usually pruned and tidied as a matter of course once per year. It is felt that the trees provide an important architectural service to the Centre and Library building frontage onto King William Street. They are distanced outside of paving and walls to avoid any future root and branch damage to structures. This simple landscape treatment of the palms in the lawn is straightforward for maintenance and ease of access for pruning the trees. Removing the trees could be considered to be at the detriment of the building and street landscape.

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It is recommended that Parks and Gardens continue to monitor the trees for nuisance and prune the leaves and husks annually. In addition, a second prune to remove flowers before they mature into berries should be undertaken. Should this option prove to not meet the needs of the facility, the removal of the trees should be reconsidered.

Policy Implications

Nil.

Financial Implications

There are sufficient funds in the current operational budget allocation to facilitate additional trimming services to the trees to manage leaf, flower and fruit drop. Should Council resolve to remove the trees, this would be at an estimated $700 per tree plus site reinstatement costs which include repairs to irrigation, turf surfaces and other damage that may occur. Therefore, approximately $15,000 (excluding GST) would be required to remove all 16 palms.

Voting Requirements

Simple Majority Required

At the Technical Services & Finance and Personnel Committee meeting:

At 8:03pm, Cr Graham Pittaway withdrew from the meeting and returned at 8:05pm.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. Council not approve the removal of sixteen palms fronting the Bayswater Senior Citizens Centre and Library on the corner of King William Street and Olfe Street, Bayswater.

2. The Manager Parks and Gardens monitor and manage the palms fronting the Bayswater Senior Citizens Centre and Library to reduce nuisance caused by flower, berry and leaf drop.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12.1.5 Removal of Cotton Palms Location: 2 Walmsley Drive, Noranda Attachments: Location Plan

Photographs Officer: Director of Technical Services

Application

To consider the requested removal of three mature Cotton Palms, Washingtonia filifera, at 2 Walmsley Drive, Noranda (refer Attachment 1).

Background

The three street trees located at 2 Walmsley Drive, Noranda are mature Cotton Palms (Washingtonia filifera). The adjacent landowner has raised concerns regarding possible risk to pedestrians from falling debris and damage to infrastructure located in close proximity to the trees. The trees are approximately 16 metres high and have an average diameter at breast height of 2 metres.

Comment

The trees are located within less than a metre from the fence line and it is only a matter of time before they damage the boundary wall. This species of palm is the larger variety of the Cotton or Fan palm. The tree grows leaves and becomes taller from a single growth meristem at the crown. As it matures, the root mass increases, air is taken into the stem and the trunk becomes hardened and wider in girth. These trees were incorrectly planted close to a boundary wall by earlier home owners and will inevitably break apart the brick and concrete construction wall. Also, the large fruit stems and dried woody husks covered with barbs drop from the trees from time to time during the year. This can be managed with regular pruning, two to four times per year. Copies of photographs are enclosed (refer Attachment 2). The trees cannot be transplanted and will cause structural damage if left to remain in place due to the presence of underground utility services. Therefore, it is recommended that the trees be removed and the stumps ground out.

Policy Implications

The process stated above does not conflict with the City’s Policy PG-P01, ‘Parks and Gardens – Street Trees’.

Financial Implications

It is estimated that the cost to cut down and remove the trees in question is $1,500. Funding to undertake the work can be accommodated from the 2009/2010 Parks Operating Maintenance Budget.

Voting Requirements

Simple Majority Required

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. The Manager Parks and Gardens arrange for the removal of the street trees adjacent to 2 Walmsley Drive, Noranda.

2. Suitable approved replacement Council street trees be offered to the adjacent landowner.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12.1.6 Department of Water - Winter Sprinkler Ban Officer: Director of Technical Services

Application

To advise Council on the current status of the Department of Water’s ‘Winter Sprinkler Ban’.

Background

In recent years, the Department of Water has permitted evening or early morning watering of private gardens for two days a week using scheme water or three days for domestic bore water users. On Tuesday 30 June 2009, Water Minister Dr. Graham Jacobs announced that a trial enforceable winter sprinkler ban would be introduced for Perth, Mandurah and the whole of southern Western Australia, to take affect from the following day. The ban affected scheme water users, garden bore users and selected licensees – including Local Government, on a trial basis and through until 31 August 2009. All City of Bayswater irrigation systems were turned off as a precautionary measure until further information was forthcoming. The Department of Water were contacted but had not been aware of any further detail at the time. In response to concerns from industry, on Wednesday, 8 July 2009, the Water Corporation distributed explanatory flyers detailing conditions under which water users could irrigate during the watering ban. For Councils this meant that we could apply for exemptions in certain situations such as to irrigate for system testing and adjusting purposes as well as for grass renovation purposes. This was necessary to identify the locations of infield sprinklers prior to activities such as renovation of parks with heavy slicing machinery so as to avoid damage and fertilising so as not to burn the grass. Councils were also permitted to operate irrigation systems for short durations to prevent the systems clogging up with iron and bacteria in areas where the ground water quality was poor. Between the end of the initial trial sprinkler ban and now, the Western Australian Local Government Association (WALGA) has been coordinating the concerns of Councils and making representation to the Water Corporation.

Comment

On 5 May this year, the City received correspondence from the Department of Water (DOW), advising that the winter sprinkler ban had been extended and would now be permanent and take affect from 1 June 2010 through to 31 August 2010. The flyer also detailed the exemptions that now generally apply resulting from the aforementioned negotiations with WALGA. These exemptions are:

• Maintain and test reticulation systems. • Water new lawns, gardens or grass covered sporting grounds for up to 28 days. • Apply fertilisers, pesticides or wetting agents and undertake verti-mowing

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• Water active sporting areas including ovals, golf course tees and greens, turf wickets and bowling greens.

The approach currently used by the City of Bayswater is quite conservative. Water is only applied when it is absolutely necessary. For example, although it is permitted, fertilising and similar activities are scheduled outside the ban period. New grass establishment is scheduled to commence prior to the onset of rain to minimise the use or additional irrigation through the use of ground water. Currently all Irrigation maintainers are encouraged to take leave or are working on Capital works such as installation of replacement irrigation systems or alternate duties such as mowing or gardening. System testing is only undertaken for short periods as possible and then is required to erect signs advising the public that they are testing the sprinklers. These tests also serve to “flush” the system to prevent blockages where practicable. As a general rule the City of Bayswater try and keep irrigating during the ban to an absolute minimum. Local Councils are required to provide the DOW with an operating strategy confirming their commitment to adhere to the winter sprinkler ban as a condition of their license to draw bore water. All Perth metropolitan Council Bores are required to be licensed by the DOW and are permitted to draw a maximum of 7500 kilolitres each year. It is worthy of note that Public Open Space uses only 3% of total ground water used by sector and its benefits such as Parks and streetscapes are enjoyed by virtually everyone. Agriculture uses 37%, Minerals and Energy 26%, Households 18%, and Commerce and Industry use the remaining 16%. This information was provided by the Department of Water.

Policy Implications

Nil.

Financial Implications

Undetermined savings to Parks and Gardens Operating Maintenance budget on power used by Bores and cost of replacing sprinklers damaged by vandalism.

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the status report on the Department of Water – Winter Sprinkler Ban be noted.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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At 9:54 pm, Cr Sylvan Albert withdrew from the meeting.

12.1.7 Review of the Underground Power Advisory Committee Attachments: Members Attendance at UPAC Officer: Director of Technical Services Refer: Item 9.1 OMC 25.05.10

Application

To facilitate a Council review of the relevance of the Underground Power Advisory Committee (UPAC).

Background

At the Ordinary Meeting of Council of 25 May 2010, Council resolved: “That the Council reviews the relevance of the Underground Power Advisory Committee and report back to Council.”

In accordance with the above resolution, the following information is provided to assist Council with their deliberations. The UPAC was formed following the Council elections in October 2007. The terms of reference for the committee are as follows and the inaugural meeting of the Committee was held on 13 February 2008.

“Terms of Reference 1. Research the history of the State Underground Power Program (SUPP) and

develop strategies for promoting improvements to the Program.

2. Review the City of Bayswater’s involvement in the SUPP.

3. Identify the potential benefits to the City and ratepayers that would be realised through the introduction of underground power.

4. Prioritise the areas of aerial power supply to be retrofitted with underground power.

5. Explore the options for funding the SUPP including minimizing the impact on the City of Bayswater and its ratepayers.

6. Establish a timeline for the introduction of underground power to the City of Bayswater.

7. That the State Underground Power program not be implemented with Council

funding, by the proceeds of the sale of Council assets, or by a specific levy on ratepayers.”

The Committee has met on the following occasions;

(i) 5:00pm, 13 February 2008; (ii) 4:08pm, 2 July 2008; (iii) 4:17pm, 23 July 2008;

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(iv) 7:08pm, 21 January 2009; (v) 6:20pm, 10 August 2009; (vi) 12:05pm, 28 January 2010; and (vii) 12:00pm, 27 April 2010 (No Quorum)

Membership on the Committee has been as follows;

• 2007 – 2009: Cr Terry Blanchard (Chairperson); Former Cr Lou Magro; Cr Michael Sabatino; Cr Mike Anderton, JP; and Cr Sylvan Albert

• 2009 – 2011: Cr Terry Kenyon, JP (Chairperson); Cr Barry McKenna Cr Michael Sabatino; Cr Mike Anderton, JP; Cr Terry Blanchard; Cr Sylvan Albert; and Cr Alan Radford

A schedule of members’ attendance at Committee Meetings is enclosed as Attachment 1. Councillors have also been provided with a copy of all minutes and supporting correspondence associated with the Committee.

Comment

To date, the principal activities of the Committee have been the lobbying of politicians in relation to increasing funding for underground power. This lobbying has been via letters and representations to politicians and local government representative bodies such as the Eastern Metropolitan Regional Council (EMRC) and Western Australian Local Government Association (WALGA). To assist in lobbying for greater funding for underground power, a consolidated underground power report has also been prepared by officers. This report details the following;

• Benefits of Undergrounding Power o Reliability of Supply; o Safety; o Aesthetics; and o Street Trees

• Issues with the current overhead network

o Cost Offsets; o Network Maintenance; o Tree Pruning; and o Traffic Safety.

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• Non-compliance issues regarding the maintenance of the current network o Economic Regulation Authority (ERA) Assessment Report (2008); and o 2008 Distribution Wood Pole Audit Review.

• Limitations associated with the current State Underground Power Program (SUPP); and

• Letters of support from Politicians and other Local Governments. The Committee has also been actively reviewing the approved Localised Enhancement Project under the SUPP for Guildford Road, Maylands.

Policy Implications

Council’s Policy EG-P09: “Council shall seek to progressively underground power throughout the

City of Bayswater.

• 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 Program (SUPP).

• Underground power shall be provided in all new subdivisions.” Financial Implications

Nil.

Voting Requirements

Simple Majority Required

Officer Recommendation For Council to consider and provide direction on the future of the Underground Power Advisory Committee (UPAC).

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At the Technical Services & Finance and Personnel Committee meeting:

Committee Amendment

CR SONIA TURKINGTON MOVED, CR MIKE ANDERTON, JP SECONDED that:

1. Council to continue the Underground Power Advisory Committee (UPAC) and change the Terms of Reference.

LOST

Committee Discussion: The Committee discussed at length the future of the Underground Power Advisory Committee and considered that it should be disbanded as the Committee had fulfilled the requirements of its Terms of Reference. At 9:57pm, Cr Graham Pittaway returned to the meeting. At 9:58pm, Cr Sylvan Albert returned to the meeting.

At 10:18pm, the Presiding Member adjourned the meeting for 5 minutes for the purpose of regaining order in the chambers in accordance with Standing Orders Clause 3.8.9 (i).

At 10:23pm, the meeting resumed.

On recommencing the meeting the Presiding Member read out Clause 3.8.1 and 3.8.2 of the current Standing Orders.

VOTES FOR: VOTES AGAINST: Cr Mike Anderton, JP Cr Alan Radford Cr Sonia Turkington Cr Sally Palmer Cr Michael Sabatino Cr Marlene Robinson Cr Barry McKenna

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COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED the Committee recommendation that: 1. The Underground Power Advisory Committee (UPAC) be disbanded.

2. The Director of Technical Services monitor the State Underground Power Programme and report to Council when necessary.

CARRIED

At the Technical Services and Finance and Personnel Committee Meeting:

VOTES FOR: VOTES AGAINST: Cr Terry Kenyon, JP Cr Sylvan Albert Cr Alan Radford Cr Mike Anderton, JP Cr Barry McKenna Cr Sonia Turkington Cr Marlene Robinson Cr Terry Blanchard Cr Sally Palmer Cr Michael Sabatino Cr Graham Pittaway

VOTES FOR: VOTES AGAINST: Cr Alan Radford Cr Mike Anderton, JP Cr Sally Palmer Cr Sonia Turkington Cr Marlene Robinson Cr Michael Sabatino Cr Barry McKenna

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12.1.8 Parks and Leisure Australia National Conference 2010 Officer: Director of Technical Services

Application

To advise Councillors of the Parks and Leisure Australia (PLA) National Conference 2010 to be held in Glenelg, South Australia from 12 to 15 September 2010.

Background

The Parks and Leisure National Conference is held on an annual basis and is the largest conference for Leisure and Recreational professionals in Australia. Parks and Leisure Australia is the key professional Association which provides a broad range of services to members of the parks and leisure industry. The theme for the conference is “Parks and Leisure in a Changing World”. The 2020 Summit of 2008, the government’s Intergenerational and Closing the Gap reports and the debates on population levels and climate change draw attention to immediate and future challenges facing the parks and leisure profession. The conference will address a range of change drivers and current and potential responses. The sub-themes relate to industry response areas as follows: Responding to the Challenges through New Technology in Parks and Leisure

• Using technology to measure and monitor an economic return; • GIS services in mapping the changes; • Technology based play; and • Play and modernisation.

Responding to the Challenges of Health and Wellbeing

• Obesity, Prevention and Lifestyle programs; • The importance of inclusion for all, strategies and policy for addressing mental

health issues; • Demographic trends and the implications for health and well for being people and

(demographic implications; • Intergenerational /cultural diversity changing lifestyles/society - how to keep them

coming; • Changing trends in Generational and cultural Participation.

Responding to the Challenges of Urban Growth

• Buildings and park design innovation – the next 20 years; • Landscapes (creating unique and valued places); • Infrastructure management – what are we doing in response to under-resourcing; • Trends in catering for a social and cultural factors - beyond the space – place

making; demographic implications; Indigenous communities; • The debate between Natural play space and manufactured playgrounds – designs

which balance both; and • Parks and leisure as economic drivers and economic change agents.

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Responding to the Challenges of Climate Change

• ‘Waterproofing’ programs in parks and leisure environments; • Environmental examples of best practice response to climate change impacts; • Biodiversity and the implications with climate change; • National parks and the conservation areas – how are we responding to change

impacts; and • Recreation within natural settings – what’s got to change!

Responding to the Challenges through improved Governance

• Partnerships in service delivery - such as alliances, infrastructure agreements, community contracting;

• Strategic approaches to improved governance models within community (e.g. sports governance - intra sports and inter sports and sustainability;

• Securing financial futures through good governance – providing examples.

Comment

The Senior Management Group have approved the attendance of a Manager from the Parks, Gardens and Landscaping area and a recreation officer at the conference.

It is recommended that Council gives consideration to nominating an Elected Member to attend also.

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 Parks and Leisure Australia (PLA) National Conference 2010 to be held in Glenelg, South Australia from 12 to 15 September 2010.

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COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that approval be granted for the attendance and associated costs of Cr Michael Sabatino and Cr Mike Anderton , JP at the Parks and Leisure Australia (PLA) National Conference 2010 to be held in Glenelg, South Australia from 12 to 15 September 2010.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12.1.9 EMRC Council Meeting – 20 May 2010 Attachments: City of Bayswater Delegates Report

EMRC Abridged Council Minutes 20.05.10 Officer: Director of Technical Services

At the Technical Services & Finance and Personnel Committee meeting:

THE DEPUTY MAYOR, CR BARRY MCKENNA 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 GRAHAM PITTAWAY DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Pittaway declared an impartial interest in this item as he is Chairman of the EMRC. 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.

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an impartial interest in this item as he is a Deputy Delegate at the EMRC. Cr Barry McKenna remained present during discussion and voting of 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 Alan Radford remained present during discussion and voting of 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 Chairman of the EMRC. Cr Graham Pittaway remained present during discussion and voting of 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 20 May 2010, Cr Graham Pittaway, OAM (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.

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Financial Implications

As detailed in the Delegates Report.

Voting Requirements

Simple Majority Required At 10:57pm, Cr Sally Palmer withdrew from the meeting. At 10:57pm, Ms Debbie Todorovik withdrew from the meeting.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR MICHAEL SABATINO MOVED, CR TERRY BLANCHARD SECONDED the Committee recommendation that the report on the Eastern Metropolitan Regional Council’s (EMRC) Council Meeting of 20 May 2010 be received.

CARRIED UNANIMOUSLY

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12.2 Finance and Personnel

12.2.1 Financial Reports for Period Ending 31 May 2010 Officer: Director of Finance

Application

To inform Council of the financial statements for the period ending 31 May 2010.

Background

The financial statements for the reporting period are submitted in the form of :

• Financial Activity Statement Report

• Net Current Asset Position

• Reserve Fund Statement

• Summary Schedule of Divisional Financial Activity

• Divisional Summaries.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the financial reports for the period ending 31 May 2010 be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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CITY OF BAYSWATER

FINANCIAL ACTIVITY STATEMENT REPORT

FOR THE PERIOD 1 JULY 2009 TO 31 MAY 2010

% OF YEAR 92.05%

REVENUE ADOPTED %BUDGET 2009-2010 ACTUAL BUDGET

General Purpose Funding 29,248,977 29,278,648 100.10 Law Order & Public Safety 220,650 204,043 92.47 Health 74,000 48,807 65.96 Welfare & Education 7,576,897 5,793,653 76.46 Housing 71,215 74,466 104.57 Community Amenities 7,590,367 7,843,357 103.33 Recreation & Culture 4,967,940 5,113,716 102.93 Transport 295,500 302,552 102.39 Economic Services 526,700 589,785 111.98 Other Property & Services 101,500 137,742 135.71

LESS $50,673,746 $49,386,769 97.46OPERATING EXPENDITURE

General Purpose Funding 585,210 460,082 78.62 Governance/Admin 4,622,661 3,972,052 85.93 Law Order & Public Safety 1,669,663 1,639,798 98.21 Health 1,177,046 1,096,181 93.13 Welfare & Education 11,563,077 10,057,204 86.98 Housing 211,350 175,357 82.97 Community Amenities 8,353,701 7,633,485 91.38 Recreation & Culture 22,852,033 20,446,759 89.47 Transport 5,960,745 5,626,471 94.39 Economic Services 1,975,825 1,682,852 85.17 Other Property & Services 1,873,375 1,347,432 71.93

$60,844,686 $54,137,673 88.98ADDCONTRIBUTIONS/GRANTS FOR THEDEVELOPMENT OF ASSETS

General Purpose Funding 472,438 461,197 Recreation & Culture 10,171,495 4,597,540 Transport 1,039,506 -9,411Economic Services 180,000

$11,863,439 $5,049,326

Funding for Operations $1,692,499 $298,422

ADDDISPOSAL OF ASSETS $441,000 $432,757RESERVES MOVEMENT $5,956,752 $2,336,285PRINCIPAL LOAN RECOVERIES $58,040 $56,832EMPLOYEE PROVISIONS $294,500DEPRECIATION $16,029,661 $14,693,856

$22,779,953 $17,519,730LESS

CAPITAL EXPENDITURE $28,394,163 $9,518,129

REPAYMENT OF DEBT $409,151 $3,232,599PROFIT/LOSS ON DISPOSAL OF ASSETS ($96,162)

$28,707,152 $12,750,728

OPENING BALANCE $4,234,700 $17,500,054CLOSING BALANCE $0 $22,567,478

Explanation of expenditure greater than 10% of the average monthly estimatesNil

Page 145: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 138

NET CURRENT ASSET POSITION AS AT 31 MAY 2010

2009/2010 2008/2009SURPLUS SUMMARY REPRESENTED BY

CASH AT BANK AS AT 31 MAY 2009 $16,684,403 $16,417,460

DEBTORS/INCOME DUE NOT RECEIVED $13,590,977 $3,097,505

STOCK $141,305 $130,801

PREPAID EXPENSES $33,137 $42,999

$30,449,822 $19,688,765

G.S.T. CLEARING ACCOUNT $108,199 $283,903(Cleared at time of lodging B.A.S. return )

FIRE & SERVICES LEVY ($15,680) ($117,937)CREDITORS ($2,179,270) ($2,376,713)

Deferred Movement - Pensioners/Other ($32,964) ($13,804)

Aged Persons Homes $5,592,384 $4,082,702

BALANCE AS AT 31 MAY 2010 $33,922,491 $21,546,916As Per Summary of Divisional Activity

LESS RESTRICTED ASSETS

RESERVES - GENERAL $7,518,667 $7,187,001RESERVES - AGED $3,836,345 $4,562,404

CLOSING BALANCE AS AT 31 MAY 2010 $22,567,479 $9,797,511AS PER FINANCIAL ACTIVITY REPORT

Page 146: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 139

RESE

RVE F

UND B

UDGE

T 2009

-2010

AS AT

31 MA

Y 2010

TITLE

INTE

REST

TRAN

SFER

SRE

QUIR

EMEN

TSBA

LANC

EBA

LANC

EEA

RNED

TO RE

SERV

ESBu

dget

Actua

lBu

dget

Actua

lBu

dget

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dget

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lBu

dget

Actua

l

Prope

rty Bu

ilding

& Eq

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nt42

,544

42,62

41,7

021,9

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4,500

231,0

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,826

44,56

3

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& Retic

ulation

97,29

597

,385

6,885

104,2

7097

,385

Grou

nds F

acilitie

s Ligh

ting19

5,500

121,3

055,5

1618

0,080

-58,77

512

6,821

Long

Servic

e Lea

ve30

5,739

206,0

9512

,230

9,376

218,3

2521

5,471

Plant

& Equ

ipmen

t1,0

83,00

075

5,256

1,083

,000

755,2

56

Buildi

ng Up

grade

379,7

0432

8,629

15,18

810

,750

294,7

4314

3,377

49,07

419

6,002

Worke

rs Co

mpen

sation

851,6

0274

8,457

34,06

434

,053

782,5

2178

2,510

Morle

y Recr

eation

Centr

e

Major

Capita

l Work

s8,6

71,69

58,1

88,56

425

0,000

308,6

781,9

14,39

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59,86

82,5

68,63

21,0

93,08

65,9

28,61

0

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envill

e Rec

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e37

,356

37,45

21,4

941,5

7138

,946

39,02

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ater A

quatic

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lacem

ents

1,602

1,602

6173

1,663

1,675

Mayla

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,051

13,04

652

259

313

,568

13,63

9

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serve

69,67

469

,793

2,787

3,175

72,58

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Mun

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10,665

,762

$

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324

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OPEN

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-09

Page 147: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 140

PRO

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gra

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$419

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$40,

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$38,

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(F31

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$70,

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(F32

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$60,

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detic

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(F30

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$30,

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$2,8

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(F14

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Safe

ty ra

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mar

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(F15

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$17,

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(F30

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ore

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utifi

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0)$2

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d w

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1 J

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2009

Cfw

d w

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1 J

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Bay

swat

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zens

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ir C

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tioni

ng (D

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00$1

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ught

on R

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lic T

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7B

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prov

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00$9

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ardo

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0)$8

5,65

4$8

5,65

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enle

y B

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onsu

lting

(C32

300)

$125

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Wor

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epot

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Con

ditio

ner (

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00)

$18,

600

$16,

909

Pen

insu

la H

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Win

dow

(D15

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$60,

000

$52,

227

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sman

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d (F

3450

0)$8

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ghto

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nd P

rom

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edia

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$8,8

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,418

,903

$294

,743

$143

,377

Page 148: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 141

SUMMARY SCHEDULE OF DIVISIONAL FINANCIAL ACTIVITY

AS AT 31 MAY 2010

BUDGET (Revised)INCOME EXPENDITURE INCOME EXPENDITURE

OPERATING

Chief Executive Office $10,000 $2,390,007 -$1,198 $1,766,424Administration & Community Services $7,341,404 $11,590,221 $6,856,385 $10,107,332Aged Persons Homes $5,622,793 $4,186,976 $4,164,530 $3,827,028Planning & Development Services $11,174,300 $4,585,370 $5,753,323 $3,964,403Technical Services $9,861,228 $18,559,949 $8,370,586 $16,280,378Financial Services $29,269,327 $3,985,910 $29,292,469 $3,498,251

$1,130

TOTAL ALL OPERATING $63,279,052 $45,299,563 $54,436,095 $39,443,816

CAPITAL

Administration & Community Services $2,033,622 $985,854Planning & Development Services $13,047,740 $3,308,196Aged $262,646Technical Services 13,157,446 $4,981,438 Financial Services - Recreation Centres $322,500 $242,641

Plant Trades ($441,000) ($432,757)

TOTAL ALL CAPITAL $28,382,954 $9,085,372

Last YearIncome Expenditure

TOTAL FROM OPERATIONS $63,279,052 $73,682,517 $54,436,095 $48,529,188 $49,219,489 $45,823,028

OPENING BALANCE 1 JUL 09 $13,959,720 $22,760,101OPENING BALANCE 1 JUL 09 - Aged Persons Homes

$2,853,261 $8,431,250

CLOSING BALANCE 31 MAY 2010 $33,922,491

CLOSING BALANCE 30 JUNE 2010 $2,383,084Aged Persons Homes $3,675,321

BORROWINGS

Principal Loan Repayments - General $58,040 $57,787Principal Loan Repayments - Aged Persons Homes $351,111 $3,174,812Principal Loan Recoveries $58,040 $56,832

$58,040 $409,151 $56,832 $3,232,599

TOTAL $80,150,073 $80,150,073 $85,684,278 $85,684,278

ACTUAL

Page 149: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 142

31-May-10 336

11% OF YEAR 92.05%

Description Revised Budget Actual Committed Total %

Operating Income

SS10100 Members of Council -$10,000 -$4,254 $0 -$4,254 42.54%SS10120 Chief Executive Officer's Office $0 $5,453 $0 $5,453Total Operating Income -$10,000 $1,198 $0 $1,198 -11.98%

Operating Expenditure

SS10100 Members of Council $882,380 $798,504 $32,086 $830,591 94.13%SS10120 Chief Executive Officer's Office $931,824 $468,859 $747 $469,606 50.40%SS10200 Human Resources $473,301 $433,154 $0 $433,154 91.52%SS10210 Occupational Health & Safety $102,502 $64,709 $0 $64,709 63.13%Maintenance Costs

Total Operating Expenditure $2,390,007 $1,765,226 $32,834 $1,798,059 75.23%

Total Chief Executive Office $2,380,007 $1,766,424 $32,834 $1,799,258 75.60%

CHIEF EXECUTIVE OFFICE BUDGET 2009-2010

Page 150: CITY OF BAYSWATER MINUTES · 11.2.7 Rotary Club of Morley Community Fair October 2011 85 ... 11.2.9 City of Bayswater Volunteer Function –Event Debrief 91 11.2.10 Strutt Reserve

ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 143

31-May-2010 336

11% OF YEAR 92.05%

Description Revised Budget Actual Committed Total %

Operating IncomeSS10300 General Administration -$42,700 -$4,846 $0 -$4,846 11.35%SS10301 Records Administration -$450 -$593 $0 -$593 131.78%SS10400 Rangers -$20,000 -$33,617 $0 -$33,617 168.08%SS10405 Security Watch -$80,000 $0 $0 $0 0.00%SS10410 Animal Control -$81,000 -$63,001 $0 -$63,001 77.78%SS10420 Parking Facilities -$72,500 -$58,827 $0 -$58,827 81.14%SS10600 Bayswater Waves -$2,811,290 -$2,910,419 $0 -$2,910,419 103.53%SS10610 Maylands Waterland -$131,675 -$149,237 $0 -$149,237 113.34%SS10700 Bayswater Library -$5,200 -$6,304 $0 -$6,304 121.23%SS10705 Maylands Library -$8,300 -$11,878 $0 -$11,878 143.10%SS10710 Morley Library -$22,375 -$23,381 $0 -$23,381 104.50%SS10801 Other Recreation & Sport -$171,495 -$12 $0 -$12 0.01%SS10805 Embleton Golf Course -$425,000 -$386,990 $0 -$386,990 91.06%SS10810 Maylands Golf Course -$1,102,200 -$1,072,015 $0 -$1,072,015 97.26%SS11000 Community Programmes -$149,000 -$111,397 $0 -$111,397 74.76%SS11100 Community Services Administ $0 -$909 $0 -$909SS11105 Bayswater Senior Citizens -$5,000 -$8,909 $0 -$8,909 178.18%SS11106 Morley Senior Cits -$5,300 -$4,146 $0 -$4,146 78.23%SS11107 Maylands Autumn Ctre -$4,500 -$8,764 $0 -$8,764 194.75%SS11110 Bayswater Podiatry -$28,392 -$16,288 $0 -$16,288 57.37%SS11111 Morley Podiatry -$52,052 -$28,318 $0 -$28,318 54.40%SS11112 Maylands Podiatry -$20,280 -$8,672 $0 -$8,672 42.76%SS11115 Community Housing -$650 -$866 $0 -$866 133.23%SS11130 Community Bus -$2,000 -$2,109 $0 -$2,109 105.44%SS11145 Other Community Services -$7,500 -$7,304 $0 -$7,304 97.39%SS11210 Other Admin & Comm Service -$20,000 -$23,052 $0 -$23,052 115.26%SS11300 HACC Program - Assessmen -$124,729 -$37,790 $0 -$37,790 30.30%SS11301 Meals on Wheels -$386,136 -$278,475 $0 -$278,475 72.12%SS11302 Adult Day Services -$220,775 -$217,883 $0 -$217,883 98.69%SS11303 Aged in Home Care -$256,966 -$242,573 $0 -$242,573 94.40%SS11305 BLIS -$178,659 -$141,134 $0 -$141,134 79.00%SS11306 Social Support Prg -$295,193 -$242,627 $0 -$242,627 82.19%SS11307 HACC Program Transport -$165,687 -$164,747 $0 -$164,747 99.43%SS11308 Food Preparation -$91,981 -$100,300 $0 -$100,300 109.04%SS11310 Counselling Support -$68,611 -$74,323 $0 -$74,323 108.33%SS11311 Client Care -$10,243 -$10,597 $0 -$10,597 103.45%SS10800 Recreation & Sport -$176,400 -$302,210 $0 -$302,210 171.32%SS11115 Community Housing -$60,865 -$61,294 $0 -$61,294 100.70%SS11120 Rental Council Properties -$9,700 -$12,307 $0 -$12,307 126.88%SS11201 Pre-Schools -$26,600 -$28,271 $0 -$28,271 106.28%Total Operating Income -$7,341,404 -$6,856,384 $0 -$6,856,384 93.39%

ADMINISTRATION & COMMUNITY SERVICES BUDGET 2009-2010

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ORDINARY COUNCIL MEETING MINUTES 22 JUNE 2010

Page 144

31-May-201011

% OF YEAR 92.05%

Description Revised Budget Actual Committed Total %

Operating Expenditure

SS10300 General Administration $1,035,351 $1,082,368 $63,071 $1,145,439 110.63%SS10301 Records Administration $448,584 $376,611 $6,987 $383,598 85.51%SS10400 Rangers $216,927 $292,854 $1,205 $294,059 135.56%SS10405 Security Watch $895,436 $879,298 $481 $879,779 98.25%SS10410 Animal Control $200,407 $164,126 $960 $165,086 82.38%SS10420 Parking Facilities $171,457 $132,178 $0 $132,178 77.09%SS10600 Bayswater Waves $2,920,151 $2,689,251 $57,606 $2,746,857 94.07%SS10610 Maylands Waterland $161,638 $133,007 $19,542 $152,549 94.38%SS10700 Bayswater Library $413,641 $352,894 $7,522 $360,416 87.13%SS10705 Maylands Library $419,266 $341,166 $11,771 $352,937 84.18%SS10710 Morley Library $772,772 $646,488 $18,211 $664,699 86.01%SS10800 Recreation & Sport $3,920 $5,423 $2,287 $7,710 196.68%SS10801 Other Recreation & Sport $573,973 $446,737 $20,798 $467,535 81.46%SS10805 Embleton Golf Course $102,490 $101,368 $0 $101,368 98.91%SS10810 Maylands Golf Course $115,200 $94,141 $0 $94,141 81.72%SS11000 Community Programmes $359,600 $368,463 $14,633 $383,096 106.53%SS11100 Community Services Administr $194,467 $172,367 $3,664 $176,031 90.52%SS11105 Bayswater Senior Citizens $46,837 $40,713 $0 $40,713 86.92%SS11106 Morley Senior Cits $46,583 $39,708 $0 $39,708 85.24%SS11107 Maylands Autumn Ctre $45,106 $38,670 $0 $38,670 85.73%SS11110 Bayswater Podiatry $26,826 $17,156 $3,591 $20,747 77.34%SS11111 Morley Podiatry $44,560 $23,300 $7,582 $30,882 69.30%SS11112 Maylands Podiatry $28,600 $19,047 $2,078 $21,125 73.86%SS11115 Community Housing $66,664 $43,438 $368 $43,806 65.71%SS11125 Youth Services $223,200 $179,388 $20,593 $199,982 89.60%SS11130 Community Bus $33,200 $26,402 $469 $26,870 80.93%SS11140 Community Events $119,500 $96,096 $1,929 $98,025 82.03%SS11145 Other Community Services $7,500 $9,626 $0 $9,626 128.35%SS11200 Education $13,100 $4,810 $0 $4,810 36.72%SS11210 Other Admin & Comm Service $15,450 $14,547 $4,985 $19,532 126.42%SS11300 HACC Program - Assessment $172,835 $216,936 $333 $217,268 125.71%SS11301 Meals on Wheels $400,059 $239,561 $33,489 $273,050 68.25%SS11302 Adult Day Services $314,833 $188,053 $1,015 $189,068 60.05%SS11303 Aged in Home Care $321,778 $198,264 $135 $198,398 61.66%SS11305 BLIS $256,139 $143,765 $455 $144,219 56.31%SS11306 Social Support Prg $70,743 $47,007 $0 $47,007 66.45%SS11307 HACC Program Transport $100,958 $90,534 $0 $90,534 89.67%SS11308 Food Preparation $98,782 $66,664 $94 $66,758 67.58%SS11310 Counselling Support $79,696 $49,839 $136 $49,975 62.71%SS11311 Client Care $51,992 $35,068 $136 $35,204 67.71%Maintenance Costs

Total Operating Expenditure $11,590,221 $10,107,332 $306,123 $10,413,455 89.85%

$4,289,146 $3,250,959 $306,123 $3,557,071ServicesTotal Admin & Community

BUDGET 2009-2010ADMINISTRATION & COMMUNITY SERVICES

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CAPITAL WORKS PROGRAMME PREVIOUS YEARS - 1 JULY 2009Cap Ex Natural Ac Description Revised Budget Actual Committed Total %

Administration & Community Services

Sub Section: SS18010 - Computer DevelopmentE10300 6999 COMPUTING 41,895 12,446 27,201 39,647 94.63%

Sub Total $41,895 $12,446 $27,201 $39,647 94.63%

Sub Section: SS18020 - Recreation DevelopmentC11700 6999 Equal Access playground at Riverside G 0 3,240 0 3,240D11400 6999 Grand Prom Lighting Upgrade 11,280 11,280 0 11,280 100.00%D11700 6999 Frank Drago Pitch and Lighting upgrade 17,873 4,754 6,108 10,862 60.77%E11000 6999 Wotton Reserve lighting 84,281 99,234 10,500 109,734 130.20%E11400 6999 Dirt Jump Maintenance/Audit 0 5,000 0 5,000E11700 6999 Maylands Bowling Club – green upgrade 2,764 2,764 0 2,764 100.00%E11800 6999 Trim Trail Equipment 50,000 0 34,694 34,694 69.39%E12100 6999 Riverside Gardens - Exercise Stations 50,000 37,528 20,020 57,548 115.10%E12500 6999 Bedford Morley Cricket Club - Roller 0 2,953 0 2,953E33300 6999 Fencing on Reserves 0 488 0 488

Sub Total $216,198 $167,241 $71,322 $238,562 110.34%

Sub Section: SS18030 - Bayswater Waves - Furniture & EquipmentD12400 6999 Health Equipment 88,712 88,529 0 88,529 99.79%

Sub Total $88,712 $88,529 $0 $88,529 99.79%

Sub Section: SS18070 - Public Open Space Capital DevelopmentC17100 6999 POS Silverwood Reserve 1,029 0 0 0 0.00%C17500 6999 POS Puntie Cres Reserve 14,024 6,950 0 6,950 49.56%C17600 6999 POS Anchorage Park Resv 524 0 0 0 0.00%

Sub Total $15,577 $6,950 $0 $6,950 44.62%

Sub Section: SS20180 - Security ServicesE25300 6999 2 x Bollard camera packs inclusive of in 22,387 3,427 0 3,427 15.31%

Sub Total $22,387 $3,427 $0 $3,427 15.31%

Total $384,769 $278,592 $98,523 $377,115 98.01%

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Capital Works Expenditure as at 31 May 2010Description Revised Budget Actuals Commtiments Total

% Variance

Division: 10 - Administration & Community Services

SS18000 - Furniture & Equipment

F10000 - Honour Board 10,000 5,080 0 5,080 51%F10100 - PA Remote Paging Consule 5,500 0 0 0 0%

Sub Total 15,500 5,080 0 5,080 33%

SS18010 - Computer Development

F10300 - COMPUTING 254,500 174,373 50,350 224,723 88%

Sub Total 254,500 174,373 50,350 224,723 88%

SS18015 - Ranger & Security Services

F10200 - Dog Exercise Signs City Wide 8,000 4,558 1,775 6,333 79%F10400 - Cctv Installation 72,000 1,916 0 1,916 3%

Sub Total 80,000 6,474 1,775 8,249 10%

SS18020 - Recreation Development

F10500 - Noranda Sporting Complex 12,000 12,774 0 12,774 106%F10600 - Wotton/Crimea Skate Park 20,000 4,424 950 5,374 27%F10700 - Wotton/Crimea Skate Park 10,000 0 0 0 0%F10800 - Playground Upgrades 170,000 144,827 17,273 162,100 95%F10900 - Bayswater Bowling Club 12,000 6,600 0 6,600 55%F11000 - Soccer Goal Replacement Programme 10,000 10,395 0 10,395 104%F11100 - Lower Hillcrest, Shearn, RA Cooke, De-Lacy 10,000 9,605 0 9,605 96%F11200 - Maylands Bowling Club 15,000 1,101 5,593 6,694 45%F11300 - Noranda Sporting Complex 260,000 5,943 152,631 158,574 61%F11400 - Houghton Reserve 300,000 80,093 199,382 279,475 93%F11500 - Robert Thompson Reserve 140,000 3,340 115,035 118,375 85%F11600 - Events Infrastructure Tents 6,000 5,698 0 5,698 95%F11700 - Les hansman Chairs 15,000 13,935 0 13,935 93%F34100 - Bedford Mens Softball 6,000 4,438 900 5,338 89%

Sub Total 986,000 303,174 491,764 794,938 81%

SS18030 - Bayswater Waves - Furniture & Equipment

F11800 - Scum Grates 39,000 33,867 4,545 38,412 98%F11900 - Auto Pool Cleaner 14,545 14,545 0 14,545 100%F12000 - First Aid Equipment 1,950 1,643 400 2,043 105%F12100 - Free Weight Discs 9,988 10,039 0 10,039 101%F12200 - Rubber Floor Tiles 2,000 0 2,205 2,205 110%F12300 - Stereo System 7,920 9,785 0 9,785 124%F12400 - Treadmills (10) 161,400 100,640 0 100,640 62%

Sub Total 236,803 170,520 7,150 177,670 75%

SS18040 - Bayswater Library Furniture & Equipment

F12900 - Signage 1,650 0 0 0 0%F13000 - Childrens Play Panels 1,300 1,333 0 1,333 103%

Sub Total 2,950 1,333 0 1,333 45%

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Capital Works Expenditure as at 31 May 2010Description Revised Budget Actuals Commtiments Total

% Variance

Division: 10 - Administration & Community Services

SS18050 - Morley Library Furniture & Equipment

F12700 - Data Projector 2,100 937 0F12800 - Customer Service Desk 17,800 3,874 12,161

Sub Total 1,577,853 661,891 551,039 1,211,993 77%

SS18060 - Maylands Library Furniture & Equipment

F13100 - LCD Television 1,100 905 0Sub Total 1,581,253 661,589 563,200 1,206,913 76%

SS20150 - Community Services - Capital

F33800 - Noranda Senior Citizens Feasibility 10,000 0 0Sub Total 1,336,753 487,216 512,850 982,190 73%

SS20190 - Maylands Waterland - Equipment

F12500 - Mini Golf 12,100 10,742 1,189F12600 - Park Furniture 30,000 29,851 135

Sub Total 1,268,853 491,484 512,264 973,941 77%

Administration & Community Services Total 1,648,853 707,263 564,524 1,211,993 74%

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336

11 % OF YEAR 92.05% %

Description2009/2010

Revised Budget YTD Actual Committed Total_1

Operating RevenueSS11700 - Planning & Building Services -10,218,000 -4,617,276 0 -4,617,276 45.19%SS13500 - Planning Department -431,100 -560,473 0 -560,473 130.01%SS13600 - Building Department -525,200 -575,574 0 -575,574 109.59%

Revenue Sub Total -$11,174,300 -$5,753,323 $0 -$5,753,323 51.49%Operating Expenditure700 - Building Maintenance 419,900 288,551 36,130 324,681 77.32%750 - Special Building Mntce 305,500 228,062 39,054 267,116 87.44%800 - Cleaning Maintenance 428,800 477,465 6,552 484,017 112.88%900 - Preventative Maintenance 477,580 414,762 57,676 472,437 98.92%4123 - Electricity Charges 571,790 486,947 0 486,947 85.16%4125 - Water 147,994 150,589 0 150,589 101.75%4126 - Gas 12,828 7,503 0 7,503 58.49%SS11700 - Planning & Building Services 0 698 0 698SS13500 - Planning Department 1,234,130 1,021,135 27,260 1,048,395 84.95%SS13600 - Building Department 986,848 891,196 3,653 894,849 90.68%

Expenditure Sub Total $4,585,370 $3,966,908 $170,324 $4,137,232 90.23%

Total Planning & Development Services -6,588,930 -1,786,415 170,324 -1,616,091

31-May-10

BUDGET 2009-2010PLANNING & DEVELOPMENT SERVICES

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OPERATING EXPENDITURE

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CAPITAL WORKS PROGRAMME PREVIOUS YEARS - 1 JULY 2009Cap Ex Natural Ac Description Revised Budget Actual Committed Total %

Planning & Development Services

Sub Section: SS19010 - Bayswater Waves Building ImprovementsC40200 6999 Bayswater Waves - Major Improvement 497,958 472,987 50,000 522,987 105.03%E16200 6999 Fence 111,700 92,500 0 92,500 82.81%

Sub Total $609,658 $565,487 $50,000 $615,487 100.96%

Sub Section: SS19020 - Building Construction/UpgradesD13500 6999 Bayswater Senior Citizens 105,000 1,800 72,865 74,665 71.11%D14400 6999 Frank Drago Grandstand 34,169 37,287 0 37,287 109.12%D15800 6999 Peninsula Hotel 80,500 72,727 0 72,727 90.34%D35900 6999 Strutt Way Resv 13,091 0 0 0 0.00%D36400 6999 Claughton Reserve Reserve - Toilets 30,537 0 0 0 0.00%D36500 6999 Maylands Library - Toilets 46,352 39,014 -3,686 35,328 76.22%E11100 6999 Halliday Reserve upgrade 207,000 0 618 618 0.30%E15400 6999 Bayswater Tennis 10,000 9,091 0 9,091 90.91%E15500 6999 Bedford Bowling Club 1,768 0 0 0 0.00%E15600 6999 Robert Thompson Reserve 25,028 9,000 0 9,000 35.96%E15700 6999 Strutt Reserve 30,000 0 0 0 0.00%E15800 6999 Maylands Sportsmans (Bowling) Club 46,249 0 20,095 20,095 43.45%E16000 6999 Building Audit 50,000 10,875 24,200 35,075 70.15%

Sub Total $679,694 $179,794 $114,092 $293,886 43.24%

Sub Section: SS19030 - Major Capital WorksC32300 6999 Henley Brook - Consulting 125,774 24,958 0 24,958 19.84%D12500 6999 Residential Density Review/Housing Str 100,000 0 0 0 0.00%D12600 6999 Town Planning Schemes 100,000 25,000 62,430 87,430 87.43%

Sub Total $325,774 $49,958 $62,430 $112,388 34.50%

Sub Section: SS19040 - Works Bfwd Planning & DevelopmentC33700 6999 Bayswater Senior Citizens - Replace Ro 10,000 0 0 0 0.00%C33800 6999 Bayswater Tennis Club - Retaining Wal 16,805 15,757 0 15,757 93.76%C36300 6999 Houghton Reserve (Upper) Upgrades 51,045 0 0 0 0.00%C38500 6999 Bardon Park Toilets 136,544 136,203 -2,840 133,362 97.67%

Sub Total $214,394 $151,960 -$2,840 $149,119 69.55%

Total $1,829,520 $947,198 $223,682 $1,170,880 64.00%

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Capital Works Expenditure as at 31 May 201011

Description Revised Budget Actuals Commtiments Total%

Variance

Division: 20 - Planning & Development Services

SS19010 - Bayswater Waves Building Improvements

F18400 Bayswater Waves Paint grandstand 85,000 1,273 28,360 29,633 35%F18500 Bayswater Waves Re-carpet office sp 5,000 4,844 0 4,844 97%F18600 Bayswater Waves Upgrade showers – 40,000 0 24,871 24,871 62%F18700 Bayswater Waves Upgrade urinals – e 20,000 0 3,233 3,233 16%F18800 Bayswater Waves Fridge cabinet (Caf 8,000 6,500 0 6,500 81%

Sub Total $158,000 $12,616 $56,464 $69,080 44%

SS19020 - Building Construction/Upgrades

F14200 Administration Safety rails near po 8,000 4,195 10,407 14,602 183%F14300 Bayswater Family Centre New stove 6,000 2,940 2,273 5,213 87%F14400 Bayswater Infant Health New airconditioner 2,000 1,903 0 1,903 95%F14500 Halliday Park Upgrade external fa 50,000 0 0 0 0%F14600 Bayswater Library New sign at front of 2,000 0 0 0 0%F14700 Bayswater Senior Citizens New roof 30,000 0 27,273 27,273 91%F14800 Bayswater Senior Citizens New vinyl in hairdre 2,500 1,630 0 1,630 65%F14900 Bayswater Senior Citizens Repaint internal wa 24,000 0 0 0 0%F15000 Bayswater Senior Citizens Bliss Centre – new 1,000 632 0 632 63%F15100 Bayswater Tennis Club New doors 15,000 0 4,536 4,536 30%F15200 Bayswater Post Office Paint exterior 37,000 26,984 0 26,984 73%F15400 Carramar Community Centre New airconditioner 17,000 7,364 7,528 14,892 88%F15500 Crimea Reserve Upgrade electrical 3,000 0 0 0 0%F15600 Drill Hall New airconditioner 10,000 0 0 0 0%F15800 Embleton Golf Course Airconditioner 8,000 10,318 0 10,318 129%F15900 Embleton Golf Course Repair damp in wal 2,000 0 0 0 0%F16000 Embleton Golf Course Redirect drainage a 10,000 0 4,440 4,440 44%F16100 Frank Drago Structural repairs 30,000 30,123 0 30,123 100%F16200 Halliday House Tuck point exterior 8,000 5,850 0 5,850 73%F16300 Hampton Square Sewer connection 6,000 6,370 0 6,370 106%F16400 Hinds Reserve – Rowing Shed New faade 15,000 11,860 0 11,860 79%F16500 Les Hansman Security roller shutt 1,000 1,636 0 1,636 164%F16600 Lightning Park urinals 8,000 12,943 0 12,943 162%F16700 Maylands Autumn Centre New pergola outsid 7,060 1,095 0 1,095 16%F16800 Maylands Autumn Centre New roof to cover s 7,060 5,000 909 5,909 84%F16900 Maylands Autumn Centre New windows treat 8,000 800 3,115 3,915 49%F17000 Maylands Autumn Centre New curtains for sta 15,000 0 2,313 2,313 15%F17100 Maylands Brickworks Structural Audit 8,000 0 5,000 5,000 63%F17200 Maylands Brickworks Coat exterior face b 10,000 9,091 0 9,091 91%F17300 Maylands Golf Course Airconditioner in off 15,000 7,227 0 7,227 48%F17400 Maylands Golf Course Repair post 35,000 17,888 0 17,888 51%F17500 Maylands Sport & Recreation CUpgrade kitchen 32,000 31,053 0 31,053 97%F17600 Maylands Sport & Recreation CUpgrade Entry Stat 50,000 0 0 0 0%F17800 Morley Library Upgrade exterior lig 3,000 0 0 0 0%F17900 Morley Library New exterior signag 2,000 0 0 0 0%F18000 Morley Senior Citizens Glass sliding doors 2,500 1,677 0 1,677 67%F18100 Morley Senior Citizens Renovate disabled 5,000 11,435 0 11,435 229%F18200 Olive Tree House Audio intercom 1,500 0 1,364 1,364 91%F33100 Hampton Sq Scout Hall Floor 10,000 5,250 0 5,250 53%F34300 Works Depot - Air Conditioning Units 0 16,909 17,800 34,709 0%F34400 Asbestos Management Plan 80,000 0 62,414 62,414 78%F34500 Les Hansman Air Cond/Roof Repairs 35,000 0 30,000 30,000 86%F34600 Works Depot - Air Conditioning Units 18,600 0 0 0 0%F34800 Bayswater SES Floor - Grant 0 0 29,091 29,091 0%

Sub Total $640,220 $232,174 $208,462 $440,637 69%

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Capital Works Expenditure as at 31 May 2010

11

Description Revised Budget Actuals Commtiments Total%

Variance

Division: 20 - Planning & Development Services

SS19030 - Major Capital Works

F13500 Bardon Park Precinct Plan Studies 50,000 0 0 0 0%F13600 Bardon Park Café Tender 50,000 0 0 0 0%F13700 Riverside Gardens Café Tender 50,000 0 0 0 0%F13800 Maylands Town Centre Detailed Streetscap 0 0 0 0 0%F13900 Bayswater/Maylands Town CenHeritage Trails 50,000 0 34,296 34,296 69%F14000 Morley Town Centre Detailed Streetscap 0 0 0 0 0%F14100 Maylands Multipurpose Centre 0 0 0 0 0%F32800 Beechboro Rd Drake st Design 20,000 0 0 0 0%F32900 Walter Rd/Grand Prom Investigate 20,000 0 0 0 0%Z10000 Maylands Multipurpose Centre 10,180,000 2,116,207 16,263,414 18,379,622 181%

Sub Total $10,420,000 $2,116,207 $16,297,711 $18,413,918 177%

Planning & Development Services Total $11,218,220 $2,360,998 $16,562,637 $18,923,635 169%

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11

31-May-10 336 % OF YEAR 92.05%

Description Budget 2008/2009 Actual Committed Total %

Income

SS11905 Health - Other -51,800 -23,326 0 -23,326 45.03%SS11906 Sustainable Environment Service 0 -55,400 0 -55,400SS11910 BVES -47,650 -119,797 0 -119,797 251.41%SS11915 Prevent SVC. Immunisation -41,000 -14,654 0 -14,654 35.74%SS11916 Prevent SVC. Administration -33,000 -11,252 0 -11,252 34.10%SS12000 Public Works 0 -29,205 0 -29,205SS12001 Plant Operation 0 -59,615 0 -59,615SS12100 Tech Serv Administration -1,500 -4,225 0 -4,225 281.67%SS12110 Other Technical Services -1,940,611 -784,184 0 -784,184 40.41%SS13200 Sanitation - Domestic -6,894,927 -6,480,878 0 -6,480,878 93.99%SS13205 Recycling -486,600 -433,482 0 -433,482 89.08%SS13206 Sanitation - Commercial -363,140 -354,529 0 -354,529 97.63%SS13900 GIS -1,000 -40 0 -40 4.00%

SUB TOTAL -$9,861,228 -$8,370,586 $0 -$8,370,586 84.88%Expenditure100 General Maintenance 2,949,377 2,506,755 169,224 2,675,979 90.73%300 Median Maintenance 408,020 235,770 348 236,119 57.87%400 Grounds Maintenance 4,578,676 4,583,628 137,814 4,721,443 103.12%540 Verges 240,400 333,576 1,365 334,941 139.33%560 Roundabouts 163,797 168,863 3,559 172,423 105.27%570 Entry Statements 8,160 8,924 0 8,924 109.36%SS10820 Golf Courses - Plant Costs Embl 21,300 32,023 991 33,014 155.00%SS10825 Golf Course Plant Cost - Maylan 31,125 50,066 100 50,166 161.18%SS11600 Other 0 26 3,442 3,469SS11610 TennisCourt/Wicket 5,820 8,209 0 8,209 141.05%SS11905 Health - Other 166,374 93,059 42,702 135,761 81.60%SS11906 Sustainable Environment Service 437,231 356,519 30,398 386,917 88.49%SS11910 BVES 47,675 43,024 0 43,024 90.25%SS11911 Mat&Infant Hlth Ctres 4,000 3,515 0 3,515 87.88%SS11915 Prevent SVC. Immunisation 82,967 45,987 1,020 47,007 56.66%SS11916 Prevent SVC. Administration 760,197 662,541 89 662,630 87.17%SS12000 Public Works 3,410 -196,004 13,430 -182,575SS12001 Plant Operation 0 91,156 5,836 96,992SS12100 Tech Serv Administration 630,987 527,187 738 527,925 83.67%SS12101 Depot 26,000 23,098 1,818 24,916 95.83%SS12110 Other Technical Services 100,000 47,225 159 47,384 47.38%SS13200 Sanitation - Domestic 6,359,575 5,254,373 1,091 5,255,464 82.64%SS13205 Recycling 486,600 402,678 0 402,678 82.75%SS13206 Sanitation - Commercial 346,210 284,534 0 284,534 82.19%SS13207 Litter Control 329,876 384,801 1,818 386,619 117.20%SS13208 Environmental Maintenance 35,000 42,719 9,318 52,038 148.68%SS13900 GIS 337,172 286,123 11,944 298,067 88.40%Maintenance Costs

SUB TOTAL $18,559,949 $16,280,377 $437,204 $16,717,582 90.07%

TOTAL TECHNICAL SERVICES $8,698,721 $7,909,791 $437,204 $8,346,995 95.96%

TECHNICAL SERVICESDIVISIONAL BUDGET 2009-2010

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TECHNICAL SERVICES

OPERATING EXPENDITURE

0

2000000

4000000

6000000

8000000

10000000

12000000

14000000

16000000

18000000

20000000

JULY

AU

GU

ST

SEPTEMBER

OC

TOBER

NO

VEM

BER

DEC

EMBER

JAN

UA

RY

FEBRU

AR

Y

MA

RC

H

APR

IL

MA

Y

JUN

E

Budget

ProgressiveActual

Straight Line

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CAPITAL WORKS PROGRAMME PREVIOUS YEARS - 1 JULY 2009Cap Ex Natural Ac Description Revised Budget Actual Committed Total %

Technical Services

Sub Section: SS20000 - Arterial Road Construction

D20100 6999 Whatley Crs 86,296 112,019 0 112,019 129.81%D20200 6999 Benara Rd 0 1,187 0 1,187D20300 6999 Coode St 104,019 102,686 2,075 104,761 100.71%E17300 6999 Whatley Crescent (Extra Funds) 60,135 61,854 624 62,478 103.90%

Sub Total $250,450 $277,746 $2,699 $280,446 111.98%

Sub Section: SS20010 - Black Spot

C51000 6999 Whatley Crescent - King William/ Coode 21,879 1,350 20,529 21,879 100.00%C51100 6999 Walter Road West - Russell Street 20,575 0 0 0 0.00%E16600 6999 Crimea St (Collier to Walter) 189,991 0 0 0 0.00%E16700 6999 Russell St/Marchant Way 160,000 0 0 0 0.00%

Sub Total $392,445 $1,350 $20,529 $21,879 5.58%

Sub Section: SS20030 - Base Grant Road Reconstruction

D20900 6999 Kirkham Hill Tce 94,916 0 0 0 0.00%D21000 6999 Peninsular Rd 49,198 42,769 1,690 44,459 90.37%E18000 6999 Wills St 0 1,518 0 1,518E19200 6999 Coode St (Extra Funds) 60,000 4,712 0 4,712 7.85%E19300 6999 Thomas St ROW Lighting 15,000 0 0 0 0.00%

Sub Total $219,114 $49,000 $1,690 $50,690 23.13%

Sub Section: SS20040 - Roads to Recovery

D23600 6999 Charles Street - Ferguson to Holm Stree 0 1,548 0 1,548

Sub Total $0 $1,548 $0 $1,548 #DIV/0!

Sub Section: SS20050 - Footpath/Slab Replacement Programme

D35000 6999 PSP Bayswater Train Stn - Tonkin High 0 17,782 0 17,782

Sub Total $0 $17,782 $0 $17,782

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CAPITAL WORKS PROGRAMME PREVIOUS YEARS - 1 JULY 2009Cap Ex Natural Ac Description Revised Budget Actual Committed Total %

Technical Services

C78900 6999 Parks Development-Gobba Lake 05/06 25,522 2,226 5,807 8,033 31.47%C92800 6999 Maylands Foreshore 43,782 0 0 0 0.00%C93000 6999 River Area Beautification 9,375 0 0 0 0.00%D30100 6999 Grand Promenade Median 246,010 0 0 0 0.00%D35500 6999 Gibbney Resv Rehabilitation 1,367 2,860 0 2,860 209.22%E22300 6999 Shearn Park Reticulation 23,075 9,881 0 9,881 42.82%E22400 6999 Joan Rycroft (Lawn) 13,716 18,135 0 18,135 132.22%E22500 6999 Aviation Park 10,000 0 0 0 0.00%E35700 6999 Robert Thompson Redevelopment (Gra 10,659 0 0 0 0.00%E35800 6999 Halliday House Landscaping 23,129 22,116 0 22,116 95.62%

Sub Total $406,635 $55,218 $5,807 $61,025 15.01%

C78100 6999 Parks Development-Foreshore Restora 71,296 17,000 0 17,000 23.84%D31400 6999 Lightning Swamp 71,121 27,306 0 27,306 38.39%D31500 6999 Bardon Park 63,053 1,662 0 1,662 2.64%D31700 6999 Tranby 48,999 18,922 9,932 28,854 58.89%D36600 6999 Chisolm College 45,455 0 2,663 2,663 5.86%E23600 6999 Tranby Foreshore Restoration Project 0 2,479 2,930 5,409E23800 6999 Bayswater Brook 93,132 0 0 0 0.00%E24000 6999 Eric Singleton Bird Sanctuary 85,147 51,100 19,544 70,644 82.97%E25400 6999 Swan Lake Restoration Project 49,587 0 0 0 0.00%E33800 6999 Lighting Swamp - Boardwalk 60,000 0 0 0 0.00%E33900 6999 Claughton Resv - Melaleuca Swamp 2,862 0 0 0 0.00%E34000 6999 Gobba Lake - Swan Alcoa Landcare Pro 7,273 5,690 0 5,690 78.24%

Sub Total $597,925 $124,159 $35,069 $159,228 26.63%

D31100 6999 Kirkham Hill Tce/Elizabeth 15,000 0 0 0 0.00%D31200 6999 Catherine St Cul de sacs 9,477 31,501 731 32,232 340.11%D31300 6999 Russell/Catherine R/B 80,000 0 0 0 0.00%D35700 6999 Kirkham Hill Tce/Watson Place 30,000 0 0 0 0.00%E23000 6999 Bath Road 80,000 74,092 535 74,628 93.28%E23100 6999 Railway/Beechboro Rd South 17,684 18,209 859 19,068 107.82%E23200 6999 Beaufort St/Nelson Parking 18,000 14,646 0 14,646 81.37%E23500 6999 Puntie Crescent cul-de-sac 20,000 27,338 0 27,338 136.69%E31000 6999 Roadwise 9,700 4,033 10,562 14,595 150.46%

Sub Total $279,861 $169,819 $12,687 $182,506 65.21%

C90600 6999 Underground Power 17,000 11,838 5,540 17,377 102.22%C91200 6999 Claughton Reserve Jetty/Car Park 87,595 4,024 29,447 33,471 38.21%C91400 6999 Whatley/Guildford (Brick Pave Entry and 54,915 0 0 0 0.00%C91500 6999 Whatley Crescent Lighting 14,952 0 0 0 0.00%D12900 6999 Administration Centre 89,497 85,830 85,830 95.90%E23700 6999 Entry Statements 56,695 25,612 13,167 38,779 68.40%E24100 6999 Entry Statements - Industrial Areas 20,861 19,419 0 19,419 93.09%E24300 6999 Morley Senior Citizens 6,000 1,862 0 1,862 31.03%E24400 6999 Bayswater Senior Citizens 3,500 4,653 0 4,653 132.96%E24600 6999 Depot Storage - Asphalt 32,590 15,342 0 15,342 47.08%E24700 6999 Wright Crescent On-Street Parking 15,000 8,399 0 8,399 56.00%

Sub Total $398,605 $176,979 $48,154 $225,133 56.48%

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CAPITAL WORKS PROGRAMME PREVIOUS YEARS - 1 JULY 2009Cap Ex Natural Ac Description Revised Budget Actual Committed Total %

Technical Services

Sub Section: SS20120 - Works Bfwd Technical Services Grants

C59500 6999 Claughton Res-Access Rd 05/06 25,999 0 0 0 0.00%

Sub Total $25,999 $0 $0 $0 0.00%

Sub Section: SS20130 - Works Bfwd Other Technical Services

C92100 6999 Beaufort St Improvement Works - 05/06 28,000 16,340 0 16,340 58.36%C92400 6999 Riverside Gardens Jetty - 05/06 109,300 0 9,000 9,000 8.23%C92500 6999 Transby House Jetty - 05/06 87,295 0 0 0 0.00%

Sub Total $224,595 $16,340 $9,000 $25,340 11.28%

Sub Section: SS20135 - Golf Course Development - Embleton

D33400 6999 Replacement Green Keepers Shed 105,396 5,065 503 5,569 5.28%D33700 6999 Expansion Of Carpark 19,800 17,300 0 17,300 87.37%

Sub Total $125,196 $22,365 $503 $22,869 18.27%

Sub Section: SS20165 - Golf Course Development - Maylands Peninsula

D34100 6999 Lift Bottom Tier 5 th Green 16,160 0 0 0 0.00%D34200 6999 Fence Storage Compound Survey Boun 12,100 0 0 0 0.00%D34300 6999 Reticulation Upgrade 15,000 0 0 0 0.00%

Sub Total $43,260 $0 $0 $0 0.00%

Sub Section: SS20170 - Public Open Space - Tech Services

C17800 6999 POS Gobba Lake 86,916 17,592 2,254 19,846 22.83%

Sub Total $86,916 $17,592 $2,254 $19,846 22.83%

Sub Section: SS20200 - GIS Capital

E25200 6999 Plant Replacement 13,120 11,927 0 11,927 90.91%

Sub Total $13,120 $11,927 $0 $11,927 90.91%

Total $3,064,121 $941,826 $138,392 $1,080,218 35.25%

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Capital Works Expenditure as at 31 May 2010

11

Description Revised Budget Actuals Commtiments Total%

Variance

Division: 30 - Technical Services

SS20000 - Arterial Road Construction

F18900 Walter Rd to Morley Drive 323,456 0 2,100 2,100 1%F19000 Wellington Rd Resurfacing 100,000 0 0 0 0%F20000 Collier Rd - BeechboroResurfacing 280,000 303,420 11,449 314,870 112%F20100 Crimea Street Morley Dve to Wonga 229,000 208,877 8,182 217,059 95%

Sub Total $932,456 $512,298 $21,731 $534,029 57%SS20030 - Base Grant Road Reconstruction

F20200 Aliffe St (Crimea to Silverwood) 25,700 28,184 907 29,091 113%F20300 Kemp Pl (Aliffe to Cul De Sac) 7,400 11,722 0 11,722 158%F20400 Stanbury Crs (Crimea To Cul desac) 27,200 34,232 0 34,232 126%F20500 Endevour Rd (Crimae To Collier) 20,500 17,164 0 17,164 84%F20600 Johnsmith St (Crimea To Broun) 13,600 12,150 969 13,119 96%F20700 Bransby St (Crimea to Johnsmith) 25,600 31,175 0 31,175 122%F20800 Stone St (Kelvin to McGann) 51,300 48,925 1,584 50,509 98%F20900 Snell St (Queen to Stone) 15,300 10,566 0 10,566 69%F21000 McGann St (Queen to Stone ) 15,700 9,382 2,938 12,320 78%F21100 Stone St (Percy to Garratt) 36,100 29,940 0 29,940 83%F21200 Frinton St (Garratt to Leake St) 46,000 30,204 1,431 31,635 69%F21300 Crowther St (Frinton to Neville)_ 15,900 9,863 1,195 11,057 70%F21400 Roberts St (Guildford To Neville) 51,200 33,951 18,920 52,870 103%F21500 Williamson St (Milne To Leake) 24,900 18,978 0 18,978 76%F21600 East St (8th to Caledonian) 49,300 49,080 0 49,080 100%F21700 Sherwood St 28,800 34,841 0 34,841 121%F21800 Hillside Crs (hubert to Richard) 18,000 13,775 0 13,775 77%F21900 York St (Grand Prom to May) 64,100 52,577 0 52,577 82%F22000 Shaftesbury Ave (Beaufort to York) 29,000 26,166 0 26,166 90%F22100 Aldwych St (Toowong to Shaftesbu 16,900 13,515 0 13,515 80%F22200 ROW Guildford Kitchner Ave 65,500 62,032 6,720 68,752 105%F22300 Solas Rd kerbing 9,000 0 0 0 0%F22400 Carparks 46,000 17,559 0 17,559 38%F22500 Renew Drainage 60,000 64,026 0 64,026 107%F22600 Renew Kerbing 40,000 31,379 2,024 33,403 84%

Sub Total $803,000 $691,384 $36,688 $728,072 91%SS20040 - Roads to Recovery

F22700 Adelphi St (Toowong to Shaftesbu 16,900 13,624 0 13,624 81%F22800 Wolseley St (McGilvray to Chobham 56,300 48,766 0 48,766 87%F22900 Westlake Rd (Crimea to Napier) 69,300 60,991 0 60,991 88%F23000 Emberson Rd (Morley to Spruce) 98,300 8,439 88,221 96,661 98%F23100 Spruce Rd (Hollett to Emberson) 39,000 6,957 27,603 34,560 89%F23200 Toowong St (York to Railway) 92,200 84,033 1,800 85,833 93%

Sub Total $372,000 $222,811 $117,624 $340,436 92%

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Description Revised Budget Actuals Commtiments Total%

Variance

Division: 30 - Technical ServicesSS20050 - Footpath/Slab Replacement Programme

F23300 East Street 1,000 553 0 553 55%F23400 Clarkson Reserve 1,280 2,319 0 2,319 181%F23500 PAW Near Ivanhoe Place 0 0 0 0 0%F23600 Percy Road 1,470 0 0 0 0%F23700 Roberts Street 1,504 0 0 0 0%F23800 Cox Street 1,540 747 0 747 49%F23900 Stone Street 0 0 0 0 0%F24000 Station Street 1,770 0 0 0 0%F24100 Shearn Park 1,840 0 0 0 0%F24200 Silverwood Street 2,130 0 0 0 0%F24300 Railway Parade 0 0 0 0 0%F24400 Clarkson Reserve 2,820 3,474 0 3,474 123%F24500 Foyle Road 3,280 1,677 0 1,677 51%F24600 Shearn Park 3,930 3,508 0 3,508 89%F24700 Traylen Road 4,140 2,811 0 2,811 68%F24800 Lee Street Mangini to Halvorson 18,000 17,901 0 17,901 99%F24900 Fairs Street 4,260 2,186 0 2,186 51%F25000 PAW Mirador Road - Morley Drive 0 0 0 0 0%F25100 Crowther Street 4,880 8,197 0 8,197 168%F25200 Salisbury Street 5,120 634 0 634 12%F25300 Clement St New Path Grand Prom to Salisbur 16,000 18,524 0 18,524 116%F25400 PAW Garratt Road - Donald Square 0 0 0 0 0%F25500 Hollet Street 5,280 4,621 0 4,621 88%F25600 McKenzie St 36,000 42,544 0 42,544 118%F25700 Cox Street 5,568 3,176 0 3,176 57%F25800 Gordon Street 5,760 5,416 0 5,416 94%F25900 Clavering Road New PaBeechboro to Avenall 10,000 5,821 0 5,821 58%F26000 Veitch Street 0 0 0 0 0%F26100 Traylen Road 6,400 3,718 0 3,718 58%F26200 Milne Street 6,640 13,275 0 13,275 200%F26300 Priestley Street 6,660 8,792 0 8,792 132%F26400 Dormans Street 6,900 6,919 0 6,919 100%F26500 Percy Road 7,500 6,991 0 6,991 93%F26600 Mills Avenue 2-4 to Coode Street 2,460 2,535 0 2,535 103%F26700 Drake Street 7,813 8,670 0 8,670 111%F26800 New Path Lee St 0 0 0 0 0%F26900 Roberts Street 8,640 10,685 0 10,685 124%F27000 Catherine Street 8,700 9,581 0 9,581 110%F27100 Drake Street 9,330 8,144 0 8,144 87%F27200 Perth Street 9,500 7,807 0 7,807 82%F27300 Hotham Street 9,588 9,177 0 9,177 96%F27400 Noranda Avenue 10,860 10,155 0 10,155 94%F27500 Charnwood Street 11,400 8,588 0 8,588 75%F27600 Leake Street 11,880 12,847 0 12,847 108%F27700 Deeley Street 11,940 6,280 0 6,280 53%F27800 View Street 0 0 0 0 0%F27900 Georgina Street 12,840 9,732 0 9,732 76%F28000 Darby Street 13,038 8,901 0 8,901 68%F28100 Sixth Avenue 0 0 0 0 0%F28200 Milne Street 13,920 11,787 0 11,787 85%F28300 Kenilworth Street 17,820 15,923 0 15,923 89%F28400 Wisbech Street 28,599 28,250 0 28,250 99%

Sub Total $360,000 $332,866 $0 $332,866 92%

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Description Revised Budget Actuals Commtiments Total%

Variance

Division: 30 - Technical ServicesSS20060 - Parks Development

F28500 General Reserve Bore Pump Inspection P 127,500 109,885 0 109,885 86%F28600 General Reserve Turbine Replacement P 200,000 166,378 21,249 187,627 94%F28800 General Reserve Repalce Redundant /da 50,000 22,949 23,238 46,187 92%F28900 Halliday Park Replace Irrigation Syste 80,000 76,926 6,068 82,994 104%F29000 Maylands Bowling Club Irrigation Upgrade 155,000 1,064 0 1,064 1%F30000 Park Furniture 30,000 2,897 20,100 22,997 77%F33200 Bayswater Primary SchReticulation 10,000 10,000 0 10,000 100%

Sub Total $652,500 $390,098 $70,655 $460,753 71%SS20065 - City Wide Landscaping

F30100 Street Beautification 1,900,000 269 0 269 0%F30200 Foreshore Beautification 2,000,000 0 0 0 0%

Sub Total $3,900,000 $269 $0 $269 0%SS20070 - Environmental Development

F30700 Claughton Reserve Indiginous Consultation 10,000 9,218 0 9,218 92%F30800 Swan Lake restoration 55,000 1,671 0 1,671 3%F30900 Lightning Park Concept Plan 10,000 0 0 0 0%F31000 Solar Cities Solar Panels 130,000 0 0 0 0%F33300 Baigup 60,000 60,524 0 60,524 101%

Sub Total $265,000 $71,413 $0 $71,413 27%SS20080 - Traffic Management

F30300 Traffic Management 20,000 18,543 0 18,543 93%F30400 Traffic Management Paving 16,667 1,137 0 1,137 7%F30500 Traffic Management Roadwise 10,000 0 0 0 0%F30600 Traffic Management Slade STREET 200,000 0 0 0 0%F33400 Salisbury Street 120,000 0 0 0 0%F34700 Anti Hoon Speed Humps 70,000 0 0 0 0%

Sub Total $436,667 $19,680 $0 $19,680 5%SS20110 - Other Technical Services Capital

F31100 Frank Drago Reserve C40 Bays 120,000 124,569 0 124,569 104%F31300 Various PAW Gates Security Is 10,000 3,278 1,064 4,341 43%F31800 Bus Shelters 10,000 20,803 0 20,803 208%F31900 Sundry Works 20,000 6,989 9,870 16,859 84%F32000 Street Lighting 60,000 109,711 22,497 132,209 220%F32100 Crossovers Salisbury 360,000 358,504 24,204 382,708 106%F32400 WAAMI Programme 15,000 4,545 0 4,545 30%F32500 Lightning Park Car Park Extension 35,000 33,039 0 33,039 94%F33500 Entry Statement GuidfordRd/Whatley 20,000 0 0 0 0%F33600 Kelvin St Primary Scho Paving/Parking 0 0 0 0 0%F33700 ROW Guildford Kitchner Ave 0 0 0 0 0%F33900 Morley Training Centre Paving 4,000 7,624 0 7,624 191%F34000 Kelvin Primary School Paving 10,000 288 0 288 3%F34200 Bore Installation - Lightning Park 5,000 0 0 0 0%

Sub Total $669,000 $669,351 $57,635 $726,986 109%

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Description Revised Budget Actuals Commtiments Total%

Variance

Division: 30 - Technical ServicesSS20140 - Health Dept Capital

F32600 Rion NA -28 Sound LevStatutory requirements 26,702 22,685 0 22,685 85%

Sub Total $26,702 $22,685 $0 $22,685 85%

SS20160 - Plant & Equipment

F33000 Plant/Equipment Replacement 1,524,000 977,897 363,137 1,341,034 88%F35000 HACC Vehicle Purchases 0 40,152 0 40,152 0%

Sub Total $1,524,000 $1,018,049 $363,137 $1,381,186 91%

SS20165 - Golf Course Development - Maylands Peninsula

F32300 Golf Course Development 100,000 26,496 0 26,496 26%

Sub Total $100,000 $26,496 $0 $26,496 26%

SS20200 - GIS Capital

F32700 Geodetic Surveying Equipment 52,000 61,238 0 61,238 118%

Sub Total $52,000 $61,238 $0 $61,238 118%

Technical Services Total $10,093,325 $4,039,612 $667,470 $4,707,082 47%

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11

336 % OF YEAR 92.05%Description Revised Budget Actual Committed TOTAL %

Operating Income

201201 EDP - General -1,500 0 0 $0 0.00%235700 Galleria Morley Shop -750 -705 0 -$705 94.00%235600 Financial Services Administratio -282,000 -332,788 0 -$332,788 118.01%235813 Levy -23,926,537 -23,998,965 0 -$23,998,965 100.30%235912 Minimums -2,469,001 -2,414,718 0 -$2,414,718 97.80%236012 Interims -376,500 -211,948 0 -$211,948 56.29%236100 Other Rates -305,000 -310,624 0 -$310,624 101.84%236200 AlmaVenville RecCtre -12,000 0 0 $0 0.00%236300 Morley Sport & Rec Centre -10,000 -18,061 0 -$18,061 180.61%250000 Other Financial Services -1,886,039 -2,004,659 0 -$2,004,659 106.29%

-$29,269,327 -$29,292,469 $0 -$29,292,469 100.08%

Total Revenue -$29,269,327 -$29,292,469 $0 -$29,292,469 100.08%

FINANCIAL SERVICES

BUDGET 2009-2010

31-May-2010

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11

#N/A % OF YEAR 92.05%Description Revised Budget Actual Committed TOTAL

Operating Expenditure

235700 Insurance 422,210 386,980 0 $386,980 91.66%250100 Workers Comp Premium 15,905 14,597 0 $14,597 91.78%

$438,115 $401,577 $0

201201 EDP - General 198,733 181,667 10,960 $192,627 96.93%201202 EDP - Communication 14,000 3,234 0 $3,234 23.10%201101 EDP - Eastern Metro Regional C 22,546 22,546 0 $22,546 100.00%201204 EDP OTHER 68,000 12,905 0 $12,905 18.98%235700 Galleria Morley Shop 141,888 130,571 0 $130,571 92.02%F11402 Computer Services 689,311 616,397 39,799 $656,196 95.20%F11902 Financial Services Administratio 1,421,297 1,359,408 2,592 $1,362,000 95.83%F14400 Rates 312,990 276,036 6,301 $282,337 90.21%

252400 Other Financial Services 311,222 223,965 895 $224,860 72.25%201501 Fire prevention 68,000 72,442 0 $72,442 106.53%999600 Suspense 0 16,080 57,752 $73,832

236200 AlmaVenville RecCtre 104,988 30,086 0 $30,086 28.66%236300 Morley Sport & Rec Centre 194,819 151,268 0 $151,268 77.65%236400 Maylands Water Playground 0 69 0 $69

$3,547,794 $3,096,674 $118,298 $3,214,972 90.62%

TOTAL EXPENDITURE $3,985,909 $3,498,251 $118,298 $3,616,549 90.73%

FINANCIAL SERVICES

BUDGET 2009-2010

31-May-2010

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FINANCIAL SERVICES

OPERATING EXPENDITURE

0

500000

1000000

1500000

2000000

2500000

3000000

3500000

4000000

4500000

JULY

AU

GU

ST

SEPTEMBER

OC

TOB

ERNO

VEMB

ERDEC

EMBER

JAN

UA

RY

FEBRU

AR

YM

ARC

H

APRIL

MA

Y

JUN

E

BudgetStraight LineProgressive Actual

ALL INCOME

0

5000000

10000000

15000000

20000000

25000000

30000000

35000000

JULY

AU

GUST

SEPTEMB

ERO

CTO

BER

NO

VEMB

ERD

ECEMB

ERJA

NU

AR

Y

FEBRU

ARY

MA

RCH

APRIL

MA

Y

JUN

EBudgetProgressive Actual

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12.2.2 Accounts Payable as at 15 June 2010 Attachments: Schedule of Accounts Submitted 15 June 2010 for

Treasurer's Advance A/c Officer: Director of Finance

Application

To consider the schedule of accounts to be paid as at 15 June 2010.

Background

CERTIFICATE OF TREASURER SUMMARY OF SCHEDULE OF ACCOUNTS PAID

FUND VOUCHER NO. AMOUNT CANCELLED CHEQUES FROM PREVIOUS MONTH

ELECTRONIC FUND TRANSFERS

$3,940,971.40

TREASURER’S ADVANCE ACCOUNT FUND

158116 - 158816 EF000129 - EF000130 $4,392,404.07 157906 $90.50

which was submitted to each member of the Technical Services and Finance and Personnel Committee on 11 June 2010 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 31 MAY 2010 TREASURER’S ADVANCE ACCOUNT FUND $352,133 ________________________________ DIRECTOR OF FINANCE

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CERTIFICATE OF CHAIRPERSON

SUMMARY OF SCHEDULE OF ACCOUNTS PAID

FUND VOUCHER NO. AMOUNT CANCELLED CHEQUES FROM PREVIOUS MONTH

ELECTRONIC FUND TRANSFERS

$3,940,971.40

TREASURER’S ADVANCE ACCOUNT FUND

158116 - 158816 EF000129 - EF000130 $4,392,404.07 157906 $90.50

which was submitted to each member of the Council on 11 June 2010 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 31 MAY 2010 TREASURER’S ADVANCE ACCOUNT FUND $352,133 _____________________________________

CHAIRPERSON

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the Schedule of Accounts be passed for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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to 31 May 2010

Date Amount Details

03-May-10 119,527.62 To Advance Account04-May-10 69,553.76 To Advance Account05-May-10 47,085.73 To Advance Account06-May-10 38,018.37 To Advance Account07-May-10 52,406.36 To Advance Account10-May-10 56,382.37 To Advance Account11-May-10 433,024.03 To Advance Account12-May-10 34,830.29 To Advance Account13-May-10 45,929.02 To Advance Account14-May-10 329,284.16 To Advance Account17-May-10 84,730.58 To Advance Account18-May-10 24,106.54 To Advance Account19-May-10 824,892.22 To Advance Account20-May-10 0.00 To Advance Account21-May-10 373,706.50 To Advance Account24-May-10 120,128.41 To Advance Account25-May-10 29,210.04 To Advance Account26-May-10 0.00 To Advance Account27-May-10 361,442.02 To Advance Account28-May-10 0.00 To Advance Account31-May-10 0.00 To Advance Account

Total 3,044,258.02$

03-May-10 4,895.31 Transfer to Municipal Fund04-May-10 6,661.34 Transfer to Municipal Fund05-May-10 3,858.97 Transfer to Municipal Fund06-May-10 4,854.66 Transfer to Municipal Fund07-May-10 3,817.98 Transfer to Municipal Fund10-May-10 3,545.15 Transfer to Municipal Fund11-May-10 4,943.71 Transfer to Municipal Fund12-May-10 6,009.21 Transfer to Municipal Fund13-May-10 5,305.78 Transfer to Municipal Fund14-May-10 4,086.49 Transfer to Municipal Fund17-May-10 2,866.51 Transfer to Municipal Fund18-May-10 6,801.98 Transfer to Municipal Fund19-May-10 5,307.89 Transfer to Municipal Fund20-May-10 0.00 Transfer to Municipal Fund21-May-10 7,417.62 Transfer to Municipal Fund24-May-10 6,053.22 Transfer to Municipal Fund25-May-10 4,845.24 Transfer to Municipal Fund26-May-10 0.00 Transfer to Municipal Fund27-May-10 8,068.08 Transfer to Municipal Fund28-May-10 0.00 Transfer to Municipal Fund31-May-10 0.00 Transfer to Municipal Fund

Total 89,339.14$

05-May-10 520,446.29 Net Payroll - City of Bayswater/Waves19-May-10 529,500.24 Net Payroll - City of Bayswater/Waves11/05/2010 134,849.00 ATO - PAYG Taxation - CV14413925-May-10 143,025.00 ATO - PAYG Taxation - CV136549

Total 807,374.24$

TOTAL 3,940,971.40$

TREASURER'S ADVANCE ACCOUNT

ELECTRONIC FUND TRANSFERS01 May 2010

MUNICIPAL FUND

RATES - DIRECT DEPOSITS CLEARING ACCOUNT

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12.2.3 Investment Portfolio as at 31 May 2010 Officer: Director of Finance

Application

To present the investment portfolio as at 31 May 2010 for Council consideration.

Background

Comparison of Council’s investments with previous year:

31 May 2010 31 May 2009

$ Average

Rate %

% $ Average

Rate %

%

General Funds 24,272,173.28 5.00% 88.12 23,463,767 4.71 89.16 Trust 3,273,223.22 5.46% 11.88 2,853,342 4.00 10.84

$27,545,396.50 100.00% $26,317,109 100.00% Council’s investments are currently placed with financial institutions as follows: ANZ Bank 5,097,796.76 18.50% BankWest 3,773,152.28 13.70% National Bank 13,873,364.05 50.37% Westpac 1,509,208.82 5.48% Bendigo Bank 3,291,874.59 11.95% Total: 27,545,396.50 100.00%

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the report on the investment portfolio as at 31 May 2010 be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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Maturity from 31 May 2010

Invest.No. Lodged through - date Borrower % Term Mature Inv.Amount Inv. Yield Curr.Yield

AGED PERSONS - CARRAMAR RESERVE40642 4.40578 02Apr10 ANZ BANK 5.3 67 08-Jun-10 1,531,858.51 14,864.08 13,742.13

TOTAL AGED PERSONS - CARRAMAR RESERVE 1,531,858.51 14,864.08 13,742.13

AGED PERSONS - MUNICPAL76002 2.9878-109 31Mar10 ANZ BANK 5.15 61 31-May-10 506,672.95 4,231.64 4,231.6474905 843570 01Apr10 BANK WEST 5.3 62 02-Jun-10 512,183.39 4,594.74 4,594.7476100 173394765 04May10 NATIONAL BANK 5 35 08-Jun-10 500,000.00 2,365.21 2,054.7975304 828837 04May10 BANK WEST 5.1 42 15-Jun-10 1,022,811.83 5,958.17 4,287.4071607 DIRECT 18May10 WESTPAC 5.2 30 17-Jun-10 526,864.09 2,251.80 1,200.96

TOTAL AGED PERSONS - MUNICPAL 3,068,532.26 19,401.57 16,369.54

AGED HOMES - MERTOME CAPS61612 2.92156 06Apr10 ANZ BANK 5.3 63 08-Jun-10 153,774.48 1,402.02 1,295.22

TOTAL AGED HOMES - MERTOME CAPS 153,774.48 1,402.02 1,295.22

MERTOME RESERVE40344 841149 01Apr10 BANK WEST 5.3 62 02-Jun-10 138,160.09 1,239.42 1,239.42

TOTAL MERTOME RESERVE 138,160.09 1,239.42 1,239.42

40441 2.92017 06Apr10 ANZ BANK 5.3 63 08-Jun-10 387,134.26 3,529.65 3,260.78TOTAL AGED PRUDENTIAL RESERVE 387,134.26 3,529.65 3,260.78

40244 AGED UNIT VILLAGES RESERVE2.841153 01 Apr10 BANK WEST 5.5 50 27/07/2010 38,365.65 344.18 344.18TOTAL AGED UNIT VILLAGES RESERVE 38,365.65 344.18 344.18

CITY OF BAYSWATER HOSTEL RESERVE62512 DIRECT 18May10 WESTPAC 5.2 42 29-Jun-10 455,431.49 2,713.16 1,038.13

TOTAL CITY OF BAYSWATER HOSTEL RESERVE 455,431.49 2,713.16 1,038.13

AGED LEAVE LIABILITY RESERVE40139 263661 04May10 BENDIGO BANK 5.1 42 15-Jun-10 302,509.56 1,762.20 1,268.05

TOTAL AGED LEAVE LIABILITY RESERV 302,509.56 1,762.20 1,268.05

PRUDENTIAL RESERVE - ILU62608 3.33147 06Apr10 ANZ BANK 5.3 63 08-Jun-10 959,070.78 8,744.20 8,078.13

TOTAL PRUDENTIAL RESERVE - ILU 959,070.78 8,744.20 8,078.13

COMMUNITY INFRASTRUCTURE71207 2.822546 01Apr10 BANK WEST 5.3 62 02-Jun-10 513,774.05 4,609.01 4,609.0171905 3.4304 01Apr10 NATIONAL BANK 5.3 68 08-Jun-10 1,027,416.63 10,119.84 9,367.3471805 3.67934 01Apr10NATIONAL BANK 5.3 68 08-Jun-10 1,033,928.13 10,183.97 9,426.71

TOTAL COMMUNITY INFRASTRUCTURE 2,575,118.81 24,912.82 23,403.06

GENERAL72306 6.33748 27Apr10 ANZ BANK 5.1 30 27-May-10 519,782.73 2,169.72 2,169.7272406 6.33879 27Apr10 ANZ BANK 5.1 30 27-May-10 519,782.73 2,169.72 2,169.7272506 6.58072 27Apr10 ANZ BANK 5.1 30 27-May-10 519,720.32 2,169.46 2,169.4673605 5.826540 27Apr10 BANK WEST 5.1 30 27-May-10 515,779.47 2,153.01 2,153.0173705 5.4657 26May10 BANK WEST 5.15 34 29-Jun-10 516,038.90 2,429.36 582.4973805 4.5179 26May10 BANK WEST 5.15 34 29-Jun-10 516,038.90 2,429.36 582.4925520 11AM AT CA 11May10 BENDIGO BANK 4.25 12m 30-Jun-10 1,320,620.74 7,644.05 3,536.73

TOTAL GENERAL 4,427,763.79 21,164.69 13,363.62

MUNICIPAL - RESTRICTED CASH70506 3.4597 01Apr10 NATIONAL BANK 5.3 68 08-Jun-10 67,068.89 660.62 611.5

TOTAL MUNICIPAL - RESTRICTED CASH 67,068.89 660.62 611.5

RESERVE75604 2.267316 01Apr10 BENDIGO BANK 5.2 62 02-Jun-10 1,366,068.95 11,977.18 11,977.1871306 164509591 01Apr10 NATIONAL BANK 5.3 68 08-Jun-10 2,577,828.37 25,391.06 23,503.0271408 DIRECT 04May10 NATIONAL BANK 5.2 56 29-Jun-10 1,047,601.39 8,339.35 4,477.4271508 DIRECT 04May10 NATIONAL BANK 5.2 56 29-Jun-10 5,175,886.00 41,202.21 22,121.59

TOTAL RESERVE 10,167,384.71 86,909.80 62,079.21

TRUST - GENERAL41024 2.230282 30Mar10 WESTPAC 5.5 90 28-Jun-10 72,363.12 972.17 697.1141224 F3.230266 30Mar10 WESTPAC 5.5 3M 28-Jun-10 63,341.57 850.96 610.259312 2.23-0274 30Mar10 WESTPAC 5.5 90 28-Jun-10 391,208.55 5,255.70 3,768.7170708 2.0872 01Apr10 NATIONAL BANK 5.3 88 28-Jun-10 2,443,634.64 31,228.31 22,279.5275703 2.245198 30Mar10 BENDIGO BANK 5.5 90 28-Jun-10 302,675.34 4,066.30 2,915.82

TOTAL TRUST - GENERAL 3,273,223.22 42,373.44 30,271.36

TOTAL INVESTMENTS 0.00 230,021.84 176,364.33

INVESTMENT REGISTER

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12.2.4 Donation - Edmund Rice Camps for Kids WA Applicant: Edmund Rice Camps for Kids WA Officer: Director of Finance

At the Technical Services and Finance and Personnel Committee meeting:

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an interest in this item as he teaches at an Edmund Rice school.

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an impartial interest in this item as he teaches at an Edmund Rice school. The Deputy Mayor, Cr Barry McKenna remained present during discussion and voting on this item. Application

To consider an application for financial assistance towards its ongoing fundraising campaign which has been received from Edmund Rice Camps for Kids Inc.

Background

Edmund Rice Camps Inc is a community-based organisation, run by a dedicated body of young volunteers that serves the needs of young children (aged 8-16) and their families that are often overlooked by other services. The volunteers give freely of their time to provide holiday camps and other recreational activities for children who would not otherwise have such opportunities, supporting children ‘at risk’ or ‘in need’. This year marks the twenty-second year of Edmund Rice Camps for Kids WA.

They do this by empowering and supporting young adults as volunteer leaders who become 'big sister' or big brother' figures for the participants.

Each July Edmund Rice Camps runs up to three winter camps – each camp is four days long. It also runs summer camps in January as well as weekend camps and activity days each month.

The organisation aims to have one volunteer leader for each participant.

The camps and associated activities offer participants:

• An experience of friendship, fun & sharing.

• An environment that builds self esteem and confidence, and promotes appropriate socialising with others.

• Positive role models in the volunteer leaders.

• The camps also offer the young adult leaders: o The experience of serving other more vulnerable members of the community. o The opportunity to develop confidence and skills as a leader. o A chance to grow in empathy and a broader social understanding and awareness. o A unique opportunity to relate these experiences with their peers.

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Edmund Rice Camps originated in 1979 at Parade College, Bundoora in Melbourne. The Christian Brothers who ran the college offered their resources for numerous activities for needy youngsters. Since then the organisation has spread throughout Australia and New Zealand and, more recently, has made its beginnings in Southern Africa.

The majority of the children who access Edmund Rice Camps WA are boys and girls aged between 9-12 years. ERC also runs camps for older children from 13-14 years, with 15-17 year age group challenged to discuss and workshop some relevant issues while on camp. The children come from a variety of sources, referred to the organisation by staff members at schools, neighbourhoods or community centres. Mostly they come from families which may not be in a position to provide such a holiday experience for their children, or are under emotional, financial or cultural pressure.

Sources of young volunteers include the graduating students from a number of Catholic High Schools, Notre Dame University and present leaders' personal contacts. Most of the leaders are in the 17-22 age range. One of the keys to the success of the camps is the one to one ratio of leaders to children. This ensures the children are given a superior level of attention and care. The January camps are always held at a seaside location from Busselton to Lancelin, while the winter camps have been held inland. Activities at the camps vary according to the age group. Some of the energetic games include beach games, volleyball & cricket; craft activities like kite making and painting; even day trips - for example, older children have visited a dairy farm. The final night concert to recap on the memorable moments during the week is always a highlight. Adult volunteers act as cooks and invariably provide generous and healthy eating for the week.

Various follow-up activities provide chances to extend the good work of the camps by allowing children and leaders to meet again. Each summer camp is followed about one month later by a reunion and an award afternoon, which enables the leaders to meet the children with their family members. Picnic days throughout the year provide further opportunities for fun and friendship. The leaders themselves support these days generously with their time and energy. Annually the organisation involves approximately 150 children, 150 youth volunteers and another 30 adults in various leadership and support roles.

Comment

In June 2007, June 2008 and June 2009, Council granted a donation of $150 to Edmund Rice Camps for Kids WA.

Financial Implications

As at 31 May 2010 there is $8,961.02 remaining of the $50,000.00 Donations Budget for 2009/2010.

Voting Requirements

Simple Majority Required.

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SONIA TURKINGTON MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council grants a donation of $200 to Edmund Rice Camps WA towards its ongoing fundraising campaign to provide summer and winter camps for children who would otherwise not have the opportunity to have such a holiday experience due to a variety of pressures upon the family, and to provide the opportunity to young adult volunteers the experience of serving more vulnerable members of the community.

CARRIED UNANIMOUSLY

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12.2.5 Donation – Hillcrest Primary School 60th Anniversary Applicant: Joanna Buswell, P & C President Attachment: Flyer on 60 Year Reunion Officer: Director of Finance

Application

To consider an application for financial assistance towards its 60th Anniversary ‘Get Together’ which has been received from Hillcrest Primary School P & C Association.

Background

Hillcrest Primary School first opened in 1950, when there was no fully residential suburb of Morley and there were no major shopping precincts in the area. Bayswater Primary School was the only close primary school. John Forrest High School did not exist. Since then it has progressed and maintained its high-quality service commitment to its students and their parents. At present there are over 400 students attending the school. To commemorate this achievement the School and its P & C are organising a ‘Get Together’ of interested community members, past students and teachers on Saturday 28 August 2010 from 7 until 10 pm. Mucky Duck Bush Band will be performing and tickets are $20 each for adults and $10 each for children. The school would be grateful for any assistance which Council could give towards this event, and recognition would be made of any such contribution through its mail-outs and on the day itself.

Comment

In the past, Council has granted the following donations to Hillcrest Primary School P & C :

Date of Council Resolution Event Amount

February 2002 Airconditioning $2,200 August 2002 Fundraising Car Rally $300

March 2004 School's Centre for Inclusive Learning – donation to assist with the installation of shade over the playground equipment

$2,000

August 2004 Fundraising Quiz Night Bayswater Waves passes

March 2006 Fundraising Quiz Night –March 2006 $150 September 2006 Fundraising Family Quiz Night - September 2006. $150

Financial Implications

As at 31 May 2010 there is $8,961.02 remaining of the $50,000.00 Donations Budget for 2009/2010.

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Voting Requirements

Simple Majority Required. ADDENDUM - TECHNICAL SERVICES AND FINANCE AND PERSONNEL COMMITTEE MEETING, 15 JUNE 2010

Since this item was written, a further letter has been received from the applicant which was addressed to the Chief Executive Officer.

In addition to the information contained in the previous letter, the applicant has requested assistance with the following 6 items associated with the event on Saturday 28 August 2010 : 1. Extra Skip for rubbish. 2. Marquee for protection especially for the Mucky Duck Bush Band. 3. Ranger or security staff for crowd control. 4. Possibility of using the Hillcrest Reserve oval for extra parking. 5. Flyer attached (refer Attachment 1) to be placed in the City’s Civic Centre foyer. 6. Flyer to be placed in with rates notice when it is sent out.

Committee/Officer Recommendation to Council That: Council grants a donation of $200 to Hillcrest Primary School P & C towards its ‘Get Together’ of interested community members, past students and teachers being held on Saturday, 28 August 2010 to celebrate its 60th Anniversary.

Council Discussion Council resolved to increase the donation, provide space for advertising at the Galleria Max Tulley Office and also assist with parking and use of a marquee for this event.

COUNCIL RESOLUTION CR MARLENE ROBINSON MOVED, CR TERRY BLANCHARD SECONDED that Council: a) grants a donation of $2,000;

b) contacts the EMRC to arrange use of its marquee by the Hillcrest Primary School;

c) allows designated area of the Hillcrest Reserve to be used for parking, depending on availability; and

d) that a flyer be displayed at the Galleria Max Tulley Office to promote this function;

as per the request by Hillcrest Primary School P&C for its “Get Together” of interested community members, past students and teachers being held on Saturday, 28 August 2010 to celebrate its 60th Anniversary.

CARRIED UNANIMOUSLY At 10:59pm, Cr Sally Palmer returned to the meeting. At 10:59pm, Ms Debbie Todorovic returned to the meeting.

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12.2.6 Donation – Replacement of Chairs at Memorial Hall – Bedford RSL Applicant: RSL Bedford Officer: Director of Finance

Application

To consider a request that has been received from the Bedford Returned and Services League Club for financial assistance towards the replacement of 100 plastic chairs at the Memorial Hall.

Background

The Club has requested financial assistance from Council towards the replacement of 100 plastic chairs, some 20 years old, which are deteriorating and posing a danger to its members.

The 100 replacement chairs will cost $80 each - a total of $8,000.

An application for a grant for $4,000 for the purchase of 50 chairs will be made to the Department of Veterans’ Affairs. The Club is seeking financial assistance from Council towards the purchase of the remaining 50 chairs and is suggesting a donation of $4,000.

On behalf of the organisation, an enquiry was made for a Lotterywest grant for this amount, however due to the RSL Bedford’s Constitution, it was advised that applications needed to be lodged via the RSL head office in Perth but that the likelihood of them receiving a grant would be slim.

Comment

The Bedford Returned and Services League Club provides a valuable service to the community for both residents and returned servicemen.

For the last twelve years, Council has resolved to donate to the Bedford RSL Club an amount equivalent to the cost of rubbish removal from the Memorial Hall, Craven Street, Bedford, in order to assist the community-conscious club. For the past six years, Council also donated an additional amount to offset the cost of the Emergency Services Levy and State Government Landfill when that was applicable.

Financial Implications

As at 31 May 2010 there is $8,961.02 remaining of the $50,000.00 Donations Budget for 2009/2010.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council grants a donation of $4,000 to Bedford Returned and Services League Club in order that the organisation can purchase 50 chairs for its Memorial Hall in Bedford.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12.2.7 Donation – Medecins Sans Frontieres (Doctors Without Borders) Applicant: Medecins Sans Frontieres (Doctors Without Borders) Officer: Director of Finance

Application

To consider an application for financial assistance towards its ongoing fundraising campaign which has been received from Medecins Sans Frontieres (Doctors Without Borders).

Background

Medecins Sans Frontieres (Doctors Without Borders) is an organisation that responds to medical emergencies during times of conflict or natural disasters.

One of its biggest obstetric and neonatal projects is based in South Sudan, where the healthcare system has been all but destroyed by decades of civil war that ended in 2005. As a result, the region has one of the worst maternal mortality rates in the world.

A staggering 2,054 out of every 100,000 women there die during childbirth as opposed to six out of every 100,000 Australian women. Out of every 1,000 babies born there, 150 will die – a rate 30 times higher than in Australia.

Currently one of the organisation’s highest priorities is the reduction of maternal and neonatal mortality rates.

Comment

In the past, Council has granted the following donations to Medecins Sans Frontieres (Doctors Without Borders) :

Date of Council Resolution Event Amount

October 2009 East Timor fundraising campaign $1,000 December 2000 Ongoing fundraising campaign $100

September 2008 Fundraising campaign towards providing vital medical care and assistance to the people of the Sudan

$150

Financial Implications

As at 31 May 2010 there is $8,961.02 remaining of the $50,000.00 Donations Budget for 2009/2010.

Voting Requirements

Simple Majority Required.

COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that Council grants a donation of $200 to Medecins Sans Frontieres (Doctors Without Borders) towards its ongoing fundraising campaign in recognition of the valuable medical role that it carries out overseas.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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12.2.8 City of Bayswater Business Reference Group – Terms of Reference Attachments: Amended Terms of Reference including Standard Rules for

Groups Officer: Director of Finance Refer: Item 12.2.9 : OMC : 25.05.10

At the Technical Services and Finance and Personnel Committee meeting:

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 Chairperson of one of the Maylands Business Association Groups. Cr Sylvan Albert requested that the Committee consider his interest to be trivial and withdrew from the meeting at 8:50pm. The Committee considered Cr Sylvan Albert’s interest and resolved that it was not trivial. Accordingly, Cr Sylvan Albert was not present during discussion and voting on the item. 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 the Bayswater Street Festival Committee. Cr Mike Anderton, JP requested that the Committee declare his interest trivial and withdrew from the meeting at 8:50pm. At 9:01pm, Cr Mike Anderton, JP returned to the meeting to clarify the extent of his interest. Cr Mike Anderton, JP withdrew from the meeting at 9:02pm. The Committee considered the interest and resolved it to be trivial. At 9:03pm, Cr Mike Anderton, JP returned to the meeting and was present during discussion and voting on the item.

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 Chairperson of one of the Maylands Business Association Groups. At 11:05pm, Cr Sylvan Albert withdrew from the meeting.

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 the Bayswater Street Festival Committee. Cr Mike Anderton, JP remained present during discussion and voting on this item.

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Application

To provide an updated report to Council on the proposed Terms of Reference for the proposed City of Bayswater Business Reference Group.

Background

As reported to Council at its meeting of 25 May 2010, the City of Bayswater Trader Group Advisory Committee was initially formed in 2004. This Committee originally comprised the Bayswater Village Retail Trader group with the main purpose being to bring together local business people to address graffiti, parking, lighting, etc. It provided a coordinated approach to the provision of Council services in the townsite. The group is now incorporated and has received funding from Lotterywest towards the running of street festivals which have been very successful. This model has also been used for the Maylands Business Group which became incorporated, has been running well, and now has held one successful street festival. The Industrial Group is gradually expanding, however the Morley group (which is currently not active) has achieved only limited success. In November 2007, a detailed Terms of Reference for the Committee was adopted and, as this has been in operation for some two years, it needs to be revised to reflect the current operation of this committee.

The operation of each of the townsite groups – Morley, Bayswater and Maylands – is managed by the respective committee, with the minutes and accounts being kept by the respective group. In the past, the minutes of the respective committees have been reported back to Council through the City of Bayswater Trader Group Advisory Committee however in August 2009, it resolved that secretarial support be considered for the Industrial Group. A revised Terms of Reference for the City of Bayswater Trader Group Advisory Committee was presented to Council on 2 February 2010. At this meeting Council resolved that:

“1. This item be referred to a workshop for further consideration of the Terms of Reference.

2. The Business Groups be advised of the Council’s further consideration of the Terms of Reference and will be duly notified of the next meeting.”

and a draft Terms of Reference for the City of Bayswater Trader Group Advisory Committee will be presented to the June meeting of Council. At the Workshop held on 8 May 2010 the role and importance of businesses in the City to the community as a whole were discussed. The Workshop concluded that a clear Purpose and Objectives for the group were to be developed to reflect the changes and needs of the general community (including the business community). At its meeting of 25 May 2010, Council resolved that:

“A new Purpose, Objectives and Terms of Reference be developed for the Group and be presented to the June meeting of Council.”

Attached is the proposed Terms of Reference including Standard Rules for Groups (refer Attachment 1).

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Comment

The new Terms of Reference will allow the group to become more informal and have more common interests and shared values. It is anticipated that this will facilitate more frank and positive dialogue between all parties in the interests of maintaining and developing common goals, with constructive input to Council of Council-referred issues and common concerns of the group. Further, ‘Planning and Land Use’ and ‘Compliance and Enforcement’ have been deleted from the proposed Terms of Reference. In addition to this, Standard Rules for Groups have been prepared which it is intended will be used for all groups such as the City of Bayswater Business Reference Group to which has been added a clause on Attendance which reads :

“Attendance An office bearer loses his/her entitlement to be a member of the City of Bayswater Trader Reference Group after being absent for two or more consecutive meetings.”

and the embellishment of the following clause:

“Management of the City of Bayswater Business Reference Group The City of Bayswater Business Reference Group shall meet on the first Monday of every second month commencing the month after Council elections at 7.00pm in the Embleton Room of the City of Bayswater Civic Centre. In the event that the meeting date falls on a public holiday, the meeting will be rescheduled at the discretion of the Chairperson.

The aim is that the excellent work initially carried out by the former committee will be built on by the new Reference Group. The core changes to the Terms of Reference are :

o the Objective, Purpose, Aims and Membership which incorporates the Trader and Industrial Groups as a “Business Reference Group”;

o the membership of the group (deleting membership outside of the City of Bayswater district and reduction of representatives); and

o in the name from the City of Bayswater Trader Group Advisory Committee to the City of Bayswater Business Reference Group.

Voting Requirements

Simple Majority Required.

Officer’s Recommendation That:

1. The report be received.

2. The new group be called the City of Bayswater Business Reference Group in lieu of City of Bayswater Trader Group Advisory Committee.

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3. The amended Terms of Reference for the City of Bayswater Business Reference Group including the Standard Rules for Groups (refer Attachment 1) be considered.

4. The Chairpersons of :

a) Bayswater Village Retail Business Association;

b) Maylands Business Association;

c) Industrial Group; and

d) Central Eastern Business Association

be advised of this resolution of Council, the new Terms of Reference of the City of Bayswater Business Reference Group including the Standard Rules for Groups.

5. Reference be deleted to the City of Bayswater Business Group’s involvement in :

a) Future town planning and Land Use; and b) Compliance and Enforcement issues.

At the Technical Services and Finance and Personnel Committee meeting:

Committee Discussion: The Committee discussed the recommendation and amended point 3 to read “adopted” and reviewed the attached Terms of Reference and amended points no’s 4 and 6 a) as follows: 4. Attendance

An office bearer loses his/her entitlement to be a member of the City of Bayswater Business Reference Group after being absent for two consecutive meetings without leave.

6. Management of the City of Bayswater Business Reference Group a) The City of Bayswater Business Reference Group shall meet quarterly in the

Embleton Room of the City of Bayswater Civic Centre.

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COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SONIA TURKINGTON MOVED, CR ALAN RADFORD SECONDED the Committee recommendation to Council that:

1. The report be received.

2. The new group be called the City of Bayswater Business Reference Group in lieu of City of Bayswater Trader Group Advisory Committee.

3. The amended Terms of Reference for the City of Bayswater Business Reference Group including the Standard Rules for Groups (refer Attachment 1) be adopted.

4. The Chairpersons of :

a) Bayswater Village Retail Business Association;

b) Maylands Business Association;

c) Industrial Group; and

d) Central Eastern Business Association

be advised of this resolution of Council, the new Terms of Reference of the City of Bayswater Business Reference Group including the Standard Rules for Groups.

5. Reference be deleted to the City of Bayswater Business Group’s involvement in : a) Future town planning and Land Use; and

b) Compliance and Enforcement issues.

CARRIED UNANIMOUSLY

At 11:06pm, Cr Sylvan Albert returned to the meeting.

At the Technical Services and Finance and Personnel Committee meeting: At 9:14pm, Cr Sylvan Albert returned to the meeting.

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13 REPORTS OF MANAGEMENT/ADVISORY COMMITTEES

13.1 Minutes of the RoadWise Advisory Committee - 1 June 2010 Attachments: RoadWise Minutes 01.06.10 Officer: Director of Technical Services

Application

To inform Council of the Minutes of the Meeting of the RoadWise Advisory Committee meeting held on 1 June 2010.

Background

Attached is a copy of the minutes of the meeting of the RoadWise Advisory Committee, which was held on 1 June 2010.

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR ALAN RADFORD MOVED, CR BARRY MCKENNA SECONDED that the Minutes of the meeting of the RoadWise Advisory Committee which was held on 1 June 2010 be received, and the recommendations contained therein and listed hereunder be approved:

1.1 City of Bayswater RoadWise Action Plan 2010-2011

That the City of Bayswater RoadWise Action Plan 2010-2011 be endorsed with a minor amendment to incorporate wheelchairs with gophers under other initiatives.

1.2 Speed Trailers – Service Club Involvement

That:

1. The Speed Trailers – Service Club Involvement report be received.

2. The Director of Technical Services liaise with the Morley Rotary Club in relation to public liability insurance for the deployment of speed trailers.

1.3 Office of Road Safety Campaign Update – April 2010

That:

1. The Office of Road Safety Campaign Update for April 2010 be noted.

2. The Director of Technical Services present a report to the next RoadWise Advisory Committee Meeting in relation to the Road Safety Forum and Awards 2010.

1.4 RoadWise Officer Metro North Report

That the RoadWise Officer Metro North’s report be noted.

1.5 RoadWise Regional Round-Up

That the RoadWise Regional Round-Up Newsletter for May 2010 be noted.

CARRIED UNANIMOUSLY

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13.2 Minutes of the Local Emergency Management Committee Attachments: LEMC Minutes 14.06.10 Officer: Director of Technical Services

Application

To inform Council of the Minutes of the Meeting of the Local Emergency Management Committee (LEMC) meeting held on 14 June 2010.

Background

Attached is a copy of the minutes of the meeting of the Local Emergency Management Committee, which was held on 14 June 2010.

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the Minutes of the meeting of the Local Emergency Management Committee which was held on 14 June 2010 be received, and the recommendations contained therein and listed hereunder be approved:

1.1 Emergency Management Training for LG Staff

That:

1. The Committee notes the Executive Officer’s report on training options for local government staff.

2. The Executive Officer liaise with Mr Syd Bignell, Fire and Emergency Services Authority (FESA) District Manager and Mr Grant Pipe District Manager Metropolitan North SES regarding training options for Council staff via courses held at the FESA Fire Training Centre in Forrestfield.

3. Council’s Manager Engineering Services advise of staff who should attend the Introduction to Emergency Management Course held by FESA Training and Development branch and suitable courses at the FESA Training Centre in Forrestfield and training be undertaken as resources permit.

4. The Executive Officer incorporate the principles of the AIIMS (Australasian Interagency Incident Management System) into the City of Bayswater Local Community Emergency Management Arrangements at the next major review of the document and to arrange appropriate training for staff when this task has been completed.

1.2 Community Information Forum (Pandemics) Debrief

That:

1. Council send a letter to Dr Paul Effler of the Department of Health thanking him for his presentation at the Community Information Forum (Pandemics) held at the City of Bayswater on 28 April 2010.

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2. The Committee notes the report on the Community Information Forum (Pandemics) held on 28 April 2010.

1.3 Final LEMC Annual Business Plan 2010/2011

That the Executive Officer include the City of Bayswater Local Emergency Management Committee (LEMC) Annual Business Plan 2010/2011 as an attachment to the Annual Report of the LEMC for 2009/2010.

1.4 LEMC Annual Report 2009/2010

That:

1. Committee members advise the Executive Officer of details of emergencies that occurred in the City of Bayswater between 01 July 2009 and 30 June 2010 including a description of the incident area, the dates the Incident Management Group was activated and a description of the emergency.

2. With the inclusion of the additional information, the Executive Officer of the

City of Bayswater Local Emergency Management Committee send the final of the City of Bayswater Local Emergency Management Committee Annual Report for 2009/2010 to the Executive Officer of the District Emergency Management Committee by 16 July 2010.

1.5 Partnering Agreement Metropolitan North and East Recovery Group

That Council approves the revised “Partnering Agreement Metropolitan North and East Recovery Group for the Provision of Mutual Aid for Recovery During Emergencies”.

1.6 Summary of Introduction to Emergency Management Course

That the Committee members note the attached summary report by Council’s Environmental Health Officer, Ms Sandra Sewell, on the Introduction to Emergency Management course held at the Emergency Management Institute at Mt Macedon in Victoria between 18 and 20 May 2010.

1.7 Update of Local Community Emergency Management Arrangements

That Committee members advise the Executive Officer of any proposed changes to the Local Community Emergency Management Arrangements.

2.1 SES Week Display

That the Executive Officer, in conjunction with the Local Manager Bayswater SES, develop a brochure promoting the activities of the City of Bayswater LEMC and that these be included at the Bayswater SES Display at the Galleria Shopping Centre during SES Week 9-13 November 2010.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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13.3 Minutes of the Security Watch Advisory Committee Meeting Attachments: Minutes of the Security Watch Advisory Committee Meeting

14 June 2010 Officer: A/Director of Administration and Community Services

Application

To inform the Council of the minutes of the meeting of the Security Watch Advisory Committee which was held on 14 June 2010.

Background

Attached is a copy of the minutes of the meeting of the Security Watch Advisory Committee which was held on 14 June 2010 (refer to Attachment No. 1).

Voting Requirements

Simple Majority Required

COUNCIL RESOLUTION (COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that the minutes of the meeting of the Security Watch Advisory Committee which was held on 14 June 2010 be received, and the recommendations contained therein and listed hereunder be considered:

1.1 General Business – Neighbourhood Watch Meeting That:

1. The City of Bayswater receives the Neighbourhood Watch Draft Strategic Plan.

2. The Neighbourhood Watch Strategic Plan identify programs, costs, responsibilities and outline the expectations from the City of Bayswater.

1.2 Police Crime Statistics – May 2010 That the verbal Police Report by the Officer of the Bayswater Police Station be received for the month of May 2010.

1.3 Security Watch Status Report – May 2010 That:

1. Definitions are added to the report that provides a description of the action request categories.

2. The Security Watch Services Report for the month of May 2010 be received. 3. The Security Watch Report Structure be reviewed.

1.4 Graffiti Status Report – April 2010 That the Graffiti Programme Status Report for the period 1 April 2010 to 30 April

2010 be received.

1.5 City of Bayswater CCTV Report – May 2010 That the City of Bayswater CCTV Report – May 2010 be received.

1.6 City of Bayswater Grant Application Status Report That the City of Bayswater Grant Application Status Report be received.

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1.7 City of Bayswater Operation Bounceback – May 2010 That:

1. The status report on Operation Bounce Back Grant Funding application and program be received.

2. NHW assist in the delivery of the Operation Bounce Back Program.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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14 MAYOR’S REPORT

Australia’s biggest morning tea - Thursday, 27 May 2010 Australia’s Biggest Morning Tea is one of the Cancer Council’s leading fundraising events since it first began in 1994 with over $70 million being raised to help the fight against cancer. The City of Bayswater staff supported this event by holding a morning tea in the Staff Lunch Room on Thursday, 27 May 2010. Staff who attended were asked to bring a plate of food to share and make a gold coin donation and I am pleased to announce that $314.50 was raised on the day. Thank you to all Councillors who were able to attend and join in on the day. Meeting With State Members of Parliament Over the last month, the City has hosted a number visits by State Members of Parliament, including:

o Hon Helen Morton MLC o Hon Alyssa Hayden MLC o Hon Donna Faragher MLC o Hon Ljiljanna Ravlich MLC o Mr Michael Sutherland MLA o Mr Ian Britza MLA The City is seeking State Government support for a range of initiatives and their visits were an opportunity to brief these State politicians on the City’s priorities in the areas of aged care, the environment, economic development and community safety. Perth Bayswater Rugby Union Football Club 100th Birthday Celebrations (weekend of 4 – 7 June 2010) It was a pleasure to take part in the centenary celebrations of the Perth Bayswater Rugby Union Football Club. It was a great weekend complete with a gala dinner and a jersey presentation to mark this special occasion With the highlight of the weekend being some terrific rugby, which I was fortunate enough to attend. Each year, the City of Bayswater invests considerable resources into supporting its local sporting clubs so it’s great to see clubs such as this one reach these milestones. School planting days in June Students from Hillcrest Primary School and Noranda Primary School took part in a community planting at Riverside Gardens. Unfortunately it rained heavily on the day Embleton Primary School students were to participate so we are hoping to reschedule. More than 800 native trees and shrubs were planted by Year 7 students near the banks of the Swan River.

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By getting students involved, they learn the importance of how plants are part of the life cycle especially when so close to the river and why conservation is essential. National General Assembly of Local Government and Australian Council of Local Government Meeting – Canberra (14 – 18 June 2010) This year’s National General Assembly of Local Government’s theme was Population, Participation and Productivity where discussions revolved around the implications of a high population growth scenario, the ageing of the population and associated issues, with a view to identifying solutions that will assist councils to meet the future challenges in providing services and infrastructure at the local level. The Assembly provided Local Governments with an opportunity to unite in developing appropriate strategies to respond locally and regionally to the challenges of the coming years, with discussions and debate focusing around the themes of population, participation and productivity. This year’s keynote speakers included: o Hon Anthony Albanese MP – Minister for Infrastructure; Transport and Regional

Development; Local Government and Leader of the House o Hon Tony Abbott MP – Leader of the Opposition o Hon Warren Truss MP – Leader of the Nationals o Senator Bob Brown – Leader of the Australian Greens o Mr Kerry O’Brien – Journalist and best known for the ABC’s 7.30 Report o Peter McDonald – Professor of Demography and Director of the Australia Demographic

and Social Research Institute at the Australian National University. The summit was attended by approximately 700 delegates which included Elected Members and Senior Local Government Officers. Outcomes of the Conference:- o Federal Minister for Local Government, Anthony Albanese announced that the federal

government will contribute $250,000 toward the campaign for constitutional recognition of Local Government.

o Prime Minister Rudd announced a third round of the Regional and Local Community Infrastructure Program with $100, million being made available in 2010-11.

Whilst in Canberra, I attended meetings with Federal Ministers and their advisers: o Hon Justine Elliot MP - Minister for Aging o Mr Malcolm Larsen (Adviser to Anthony Albanese) - Minister for Infrastructure,

Transport, Regional Development and Local Government o Hon Stephen Smith MP or Andrew Dempster - Minister for Foreign Affairs; Deputy

Leader of the House o Mr Peter Wright (Adviser to Peter Garrett) - Minister for the Environment These meetings were organised to lobby for federal funding on behalf of the City of Bayswater for: o Aged Care - specifically the redevelopment and expansion of Mertome Village. o Rehabilitation of former landfill sites along the Swan River and foreshore restoration.

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o Community Safety – Seeking funding for CCTV cameras and measures in the fight against antisocial behaviour.

In Appreciation I would like to thank: o the Bayswater Tennis Club for their invitation to attend their Trophy Presentation

Evening on Saturday, 29 May 2010. o the Filipino Australia Club of Perth Inc of WA who celebrated their 112 Anniversary of

Philippine Independence Day

**************************************** I would like to take this opportunity to thank the Deputy Mayor and my fellow Councillors for attending functions on behalf of myself and the City of Bayswater.

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15 AFFIXING OF COMMON SEAL

15.1 Authorisation for Affixing of the Common Seal CR SYLVAN ALBERT MOVED, CR GRAHAM PITTAWAY SECONDED that approval be granted for affixing of the Common Seal to the following documents:-

Document Details

No. of Documents

Council Resolution

For Approval or

Ratification Lease Agreement – Noranda Sporting Association for Lightning Park Recreation Centre

3 Item13.13 23.06.09

Ratification

Caveat – Page 50 River Road Bayswater

1 Item 16.4.1 25.05.10

Ratification

Caveat – Tremain 16 Maidstone Way Morley

1 Item 16.4.1 25.05.10

Ratification

Caveat – Nguyen 2/8-10 Hovea Court Morley

1 Item 16.4.1 25.05.10

Ratification

Removal of caveats Lots 5 & 501 Noranda Avenue, Noranda

2 18.06.2010 Ratification

CARRIED UNANIMOUSLY

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COUNCIL RESOLUTION CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that the meeting be closed to the public and the doors were closed.

CARRIED UNANIMOUSLY

At 11:19pm, the doors were closed to the public, and those present in the public gallery left the meeting.

SUSPENSION OF STANDING ORDERS

At 11:19pm, CR MIKE ANDERTON, JP MOVED CR SONIA TURKINGTON SECONDED that Standing Orders be suspended.

CARRIED UNANIMOUSLY

16 DISCUSSION OF MATTERS BEHIND CLOSED DOORS

At the Planning and Development Services & Administration and Community Services Committee meeting: Committee Recommendation CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED that the meeting be closed to the public and the doors were closed.

CARRIED UNANIMOUSLY At 10:40pm, the doors were closed to the public, however there were no public present in the public gallery. 16.1 Planning and Development Services

16.1.1 Status Report - Planning Complaints/Zoning Breaches Attachments: Status Report – Planning Compliance Officer: Director of Planning and Development Services

CONFIDENTIAL ITEM

At the Planning and Development Services and Administration and Community Services Committee meeting: THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared an interest in this item as his wife owns 25% of a property which is directly across the road from a property listed in the confidential attachment.

At 10:41pm, Cr Barry McKenna withdrew from the meeting. Cr McKenna declared he also had an interest on the following item and would not return to the meeting until that item was dealt with. CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford declared an interest in this item as declared an impartial interest in this item as a property in the report is next door to a property owned by his son.

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At 10:41pm, Cr Alan Radford withdrew from the meeting. Cr Radford declared he also had an interest on the following item and would not return to the meeting until that item was dealt with.

In accordance with Section 5.12 of the Local Government Act 1995 the members of the Committee are to elect a chairperson (presiding member) from amongst themselves.

The Chief Executive Officer called for nomination for Acting Chairperson.

CR GRAHAM PITTAWAY NOMINATED, CR SALLY PALMER SECONDED, that CR MARLENE ROBINSON be elected Chairperson. There being no further nominations CR MARLENE ROBINSON was declared elected. At 10:42pm, Cr Marlene Robinson assumed the Chair.

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared a financial interest in this item as his wife owns 25% of a property which is directly across the road from a property listed in the confidential attachment.

At 11:21pm, Cr Barry McKenna withdrew from the 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 a property in the report is next door to a property owned by his son.

At 11:21pm, Cr Alan Radford 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 RECOMMENDATION)

CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED the Committee recommendation that Council receive this status report on the complaints regarding unauthorised planning activities, as contained in Attachment No. 1.

CARRIED UNANIMOUSLY

At 11:22pm, Cr Barry McKenna returned to the meeting.

At 11:22pm, Cr Alan Radford returned to the meeting.

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16.1.2 Proposed Lease - Bayswater Community Financial Services Ltd Location: Lot 39, No 14 King William Street, Bayswater Attachment: Report: Proposed Lease - Bayswater Community Financial

Services Ltd Applicant: Bayswater Community Financial Services (BCFS) Owner: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 16.1.3: OCM 23.02.2010

Item 14.3: OCM 28.10.2008

CONFIDENTIAL ITEM

At the Planning and Development Services and Administration and Community Services Committee meeting: THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Deputy Mayor, Cr Barry McKenna declared a financial interest in this item as he is the Chairman of the Bayswater Community Financial Services Ltd.

CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford declared an interest in this item as declared an impartial interest in this item as he is a Director of the Bayswater Community Financial Services Ltd.

CR SALLY PALMER DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Sally Palmer declared a financial interest in this item as she has a Bendigo Bank ATM installed at one of her properties.

At 10:46pm, Cr Sally Palmer withdrew from the meeting.

THE DEPUTY MAYOR, CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Deputy Mayor Cr Barry McKenna declared a financial interest in this item as he is Chairman of the Bayswater Community Financial Services Ltd.

At 11:22pm, Cr Barry McKenna from the meeting.

CR ALAN RADFORD DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Alan Radford declared a financial interest in this item as he is a Director of the Bayswater Community Financial Services Ltd.

At 11:22pm, Cr Alan Radford withdrew from the meeting.

CR SALLY PALMER DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Sally Palmer declared a financial interest in this item as she has a Bendigo Bank ATM installed at one of her properties.

At 11:22pm, Cr Sally Palmer withdrew from the meeting.

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CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Mike Anderton, JP declared a financial interest in this item as he is the Secretary of the Bayswater Community Financial Services Ltd.

At 11:22pm, Cr Mike Anderton, JP withdrew from the meeting.

THE DIRECTOR OF FINANCE, MR TED BUDZINSKI DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, the Director of Finance, Mr Ted Budzinski, declared a financial interest in this item as he is a board member and Treasurer of the Bayswater Community Financial Services Ltd.

At 11:22pm, Mr Ted Budzinski withdrew from the meeting. Application

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.

COUNCIL RESOLUTION CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED that Council defer the matter to Special Meeting of Council on 6 July 2010 to enable consideration of the proposal and facilitate a deputation on the matter.

CARRIED UNANIMOUSLY

At 11:23pm, the Deputy Mayor, Cr Barry McKenna returned to the meeting.

At 11:23pm, Cr Alan Radford returned to the meeting.

At 11:23pm, Cr Sally Palmer returned to the meeting.

At 11:23pm, Cr Mike Anderton, JP returned to the meeting.

At 11:23pm, the Director of Finance, Mr Ted Budzinski returned to the meeting.

At the Planning and Development Services & Administration and Community Services Committee meeting: At 10:58pm, Cr Barry McKenna returned to the meeting and resumed the Chair.

At 10:58pm, Cr Alan Radford and Cr Sally Palmer returned to the meeting.

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16.1.3 Retaining Wall Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services Refer: Item 14:28: OCM 26.08.2008

CONFIDENTIAL ITEM

At the Planning and Development Services and Administration and Community Services Committee meeting: CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Sonia Turkington declared an impartial interest in this item as she knows the brother of the applicant. At 10:58pm, Cr Sonia Turkington withdrew from the meeting.

CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Sonia Turkington declared an impartial interest in this item as she knows the brother of the applicant. At 11:25pm, Cr Sonia Turkington withdrew from the meeting.

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 the applicant is a family friend. At 11:26pm, Cr Mike Anderton, JP withdrew from the meeting. Application

1. To brief Council on the outcome of an order issued by the State Administrative Tribunal relating to an appeal against a notice served by the City on the owners of Lot 106, No. 11 Hollister Way, Noranda.

2. To seek Council approval to engage the services of a independent structural engineer report on the structural adequacy of the existing brick retaining wall located between No’s 11 and 13 Hollister Way, 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:

(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.

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COUNCIL RESOLUTION (COMMITTEE/OFFICER RECOMMENDATION)

CR MARLENE ROBINSON MOVED, CR ALAN RADFORD SECONDED the Committee recommendation that:

1. Council authorise the City to engage the services of an independent Structural Engineer to provide:

a) A report on the structural condition of the existing retaining wall between No. 11 and No. 13 Hollister Way, Noranda; and

b) An opinion on the comments contained in the reports prepared by Struc Group (Structeere), dated 29 May 2008 and Condipodero & Associates, dated 11 May 2010.

2. The outcome of the independent structural engineer report be presented to a Council meeting for Council to further consider whether to retain or withdraw the notice issued for the retaining wall at No. 11 Hollister Way, Noranda.

CARRIED UNANIMOUSLY

At 11:27pm, Cr Sonia Turkington returned to the meeting.

At 11:27pm, Cr Mike Anderton, JP returned to the meeting.

At the Planning and Development Services and Administration and Community Services Committee meeting: At 10:59pm, Cr Sonia Turkington returned to the meeting.

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16.2 Administration and Community Services Nil.

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16.3 Technical Services Nil.

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16.4 Finance and Personnel

16.4.1 Outstanding Rates and Charges Officer: Director of Finance

CONFIDENTIAL ITEM

Application

To consider placing a caveat on the land title of the properties listed on the schedule contained in the confidential report due to unpaid rates and charges, and in accordance with Council Policy FS-P16. 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 RECOMMENDATION)

CR SALLY PALMER MOVED, CR ALAN RADFORD SECONDED the committee recommendation that Council register a caveat on the properties listed on the schedule in accordance with Section 6.64 (3) of the Local Government Act 1995.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

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16.5 Management/Advisory Committees Nil.

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RESUMPTION OF STANDING ORDERS

At 11.27pm, CR BARRY MCKENNA MOVED, CR ALAN RADFORD SECONDED, that Standing Orders be resumed.

CARRIED UNANIMOUSLY

COUNCIL RESOLUTION

CR SONIA TURKINGTON MOVED, CR BARRY MCKENNA SECONDED that the meeting be re-opened to the public.

CARRIED UNANIMOUSLY

At 11:27pm, the meeting was re-opened to the public, however no members of the public chose to return to the meeting.

CLOSURE

THERE BEING NO FURTHER BUSINESS TO DISCUSS, THE CHAIRPERSON, CR TERRY KENYON, JP DECLARED THE MEETING CLOSED AT 11:27PM.