city of perth index tender no 075-2001/2002 supply and delivery of multi-function lighting poles for...

COUNCILMINUTES 25 JUNE 2002

M:\COUNCIL MINUTES 2001-02\MN020625.DOC

Ord Con Mins 25 June 2002

CITY OF PERTH

INDEX

Item Description Page

405/02 PRAYER 1012

406/02 DECLARATION OF OPENING 1012

407/02 APOLOGIES 1012

408/02 QUESTION TIME FOR THE PUBLIC 1012

409/02 MEMBERS ON LEAVE OF ABSENCE ANDAPPLICATIONS FOR LEAVE OF ABSENCE 1013

410/02 CONFIRMATION OF MINUTES 1013

411/02 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION 1013

412/02 DISCLOSURE OF MEMBERS’ INTERESTS 1014

413/02 QUESTIONS OF WHICH DUE NOTICE HAS BEENGIVEN WITHOUT DISCUSSION 1014

414/02 CORRESPONDENCE 1014

415/02 PETITIONS 1014

416/02 68-70 (LOT 73 AND 74) BROWN STREET, 11-21 (LOT31 AND 32) EAST PARADE, AND 97-99 (LOT 29 AND30) KENSINGTON STREET, EAST PERTH - PROPOSEDSERVICE STATION, CONVENIENCE STORE AND CARWASH 1014

417/02 102 (LOT Y39) JAMES STREET, NORTHBRIDGE –PROPOSED CHANGE OF USE FROM ‘OFFICES’ TO‘MULTIPLE DWELLINGS’ 1024

418/02 63/171-177 (LOT 15) ST GEORGES TERRACE, PERTH -PROPOSED CHANGE OF USE FROM RESIDENTIAL TOOFFICE 1025




419/02 419 - 447 WELLINGTON STREET, PERTH - PROPOSEDALFRESCO DINING AREA AND LICENCE IN FORRESTPLACE 1030

420/02 NOISE ABATEMENT EXEMPTION – LONG TRACKMOTORCYCLE EVENT, GLOUCESTER PARK, 9NOVEMBER 2002 1037

421/02 HAY STREET, PERTH - PROPOSED TEMPORARYRELOCATION OF CATS BUS STOP AND ASSOCIATEDPARKING CHANGES 1041

422/02 ROYAL STREET, EAST PERTH - PROPOSEDKERBSIDE PARKING CHANGE 1043

423/02 VERGE PARKING WITHIN THE CITY 1046

424/02 SUTHERLAND STREET, TROODE STREET TOMITCHELL FREEWAY INTRODUCTION OF ALL DAYTICKET PARKING 1048

425/02 WELLINGTON STREET BETWEEN PLAIN STREET ANDBARRACK STREET - PROPOSED REMOVAL OFCLEARWAY 1050

426/02 WRITE-OFF OF UNRECOVERABLE DEBT 1053

427/02 TENDER NO 075-2001/2002 SUPPLY AND DELIVERYOF MULTI-FUNCTION LIGHTING POLES FOR MALLSACTION PLAN 1055

428/02 RIVER FORESHORE PARKLANDS WATER SUPPLY,TREATMENT AND IRRIGATION SYSTEM 1058

429/02 EVENT SPONSORSHIP - IN UNISON 1066

430/02 KANGAROO COLONY - HEIRISSON ISLAND 1073

431/02 ENTERPRISE BARGAINING AGREEMENT (EB2) -OUTSIDE WORKFORCE 1077

432/02 GRAFFITI TREATMENT 1081

433/02 8TH AUSTRALIAN PARKING CONVENTION -ADELAIDE 2002 1085

434/02 EXPRESSION OF INTEREST - BUILDINGMAINTENANCE PANEL - EOI NUMBER: 078-01/02 1088

435/02 BUSINESS PLAN - LEASE OF SHOP 2, REGAL PLACECAR PARK EAST PERTH 1092




436/02 LEASE OF BALCONY ENCROACHMENT OVERMURRAY STREET MALL 1096

437/02 LEASE OF SHOP 2, 377 MURRAY STREET, PERTH 1099

438/02 BONUS PLOT RATIO ADVISORY PANEL - MEETINGSHELD ON 28 NOVEMBER 2001 AND 23 MAY 2002 1104

439/02 BUDGET AND BUSINESS OPPORTUNITIESCOMMITTEE MEETINGS HELD ON 28 MAY 2002 AND11 JUNE 2002 1105

440/02 ELECTORAL COMMITTEE MEETING HELD ON 28 MAY2002 1106

441/02 FACADE COMMITTEE MEETING HELD ON 21 MAY2002 1107

442/02 HOUSE/SPONSORSHIP AND DONATIONSCOMMITTEE - MEETING HELD ON 21 MAY 2002 1108

443/02 INTERNATIONAL STRATEGIC ALLIANCES ADVISORYCOMMITTEE - MINUTES OF THE MEETING HELD ON11 JUNE 2002 1109

444/02 SAFETY AND SECURITY COMMITTEE - MINUTES OFTHE MEETING HELD ON 4 JUNE 2002 1110

445/02 REGISTER OF DELEGATIONS OF AUTHORITY -REVIEW 1111

446/02 POLICY CS11 ELECTED MEMBERS -REIMBURSEMENT OF EXPENSES 1119

447/02 CAR PARK – ADJACENT TO OLD SWAN BREWERY 1122

448/02 PAYMENTS TO CREDITORS – MAY 2002 1125

449/02 PRINCIPAL ACTIVITIES PLAN 2002 1126

450/02 MOTION OF WHICH PREVIOUS NOTICE HAS BEENGIVEN 1128

EMPLOYMENT POLICY 1128

451/02 REPRESENTATION ON STATUTORY AUTHORITIESAND PUBLIC BODIES 1129




A. VACANCY FOR W.A. LOCAL GOVERNMENTASSOCIATION MEMBERS COMMUNITY & INDUSTRYADVISORY GROUP (STATE WATER QUALITYMANAGEMENT STRATEGY) MEMBER AND DEPUTYMEMBER 1129

B. VACANCY FOR: W.A. LOCAL GOVERNMENTASSOCIATION MEMBERS VISITOR CENTREASSOCIATION OF W.A. EXECUTIVE COMMITTEEMETROPOLITAN MEMBER METROPOLITAN DEPUTYMEMBER COUNTRY MEMBER COUNTRY DEPUTYMEMBER 1131

C. VACANCY FOR: W.A. LOCAL GOVERNMENTASSOCIATION MEMBERS PERTH BIODIVERSITYPROJECT MANAGEMENT GROUP TWO MEMBERSONE DEPUTY MEMBER 1133

D. VACANCY FOR: W.A. LOCAL GOVERNMENTASSOCIATION MEMBER DOLA COMMUNITY TITLESADVISORY COMMITTEE MEMBER 1135

452/02 URGENT BUSINESS 1137

COUNCILMINUTES - 1012 - 25 JUNE 2002


Minutes of the Ordinary Meeting of the Council of the City of Perth held in theCouncil Chamber, Ninth Floor, Council House, 27 St George’s Terrace, Perth, onTuesday, 25 June 2002 at 6.01pm.

Presiding: The Rt Hon Lord Mayor, Dr P C R Nattrass

Councillors Present: McEvoy, Davidson, MacGill, Scaffidi, Stroud,Sutherland, Tan and Tudori

In Attendance:

Frank Edwards - Chief Executive OfficerNoelene Jennings - Director Corporate ServicesDoug Forster - Director Business UnitsGarry Dunne - Director Service UnitsCharlotte Stockwell - Director StrategyMax Hipkins - Director PlanningPeter Monks - Manager Approval ServicesJamie Parry - Manager Corporate SupportLeah Holleley - Acting Administrative Services Team Leader

405/02 PRAYERThe Lord Mayor took the Chair and the prayer was read by the Chief ExecutiveOfficer.

406/02 DECLARATION OF OPENINGThe Lord Mayor declared the meeting open.

407/02 APOLOGIESNil

408/02 QUESTION TIME FOR THE PUBLICThe Chief Executive Officer advised that the following questions had been received.

Mr Travis SaronC/- General Post OfficePERTH WA 6000

Question 1 : When do Building / Development Approvals expire?

Answer: The Chief Executive Officer responded that normally buildingdevelopment applications expire two years after approval.

Question 2: What measures are taken to ensure the title holder approves of adevelopment?



Answer: The Chief Executive Officer responded that the owner of theproperty is required to sign the development application.

Question 3: When will the development application at Lot 7, Wellington Streetexpire?

Answer: The Chief Executive Officer responded that he would take thisquestion on notice and respond in writing.

409/02 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONSFOR LEAVE OF ABSENCE

Nil

410/02 CONFIRMATION OF MINUTESThe minutes of the Ordinary Meeting of the Council held on 11 June 2002 weresubmitted for consideration.

Moved by Cr Davidson, seconded by Cr Stroud

That the minutes of the Ordinary Meeting of the Council held on 11 June2002, be taken as read and confirmed.

The motion was put and carried

As stipulated under the City of Perth Policy No.CS28 the votes were recordedas follows:-

For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Stroud, Tan and Tudori

Against: Nil

411/02 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION

Official guests who attended the Council meeting held on 25 June 2002 were fromthe Friendship Force of Perth as follows:

• Ms Eileen Bogard - President• Mr Kevin Page - Vice President• Mr and Mrs John and Dianne Downer - Secretary• Ms Sue Eyers - Treasurer



412/02 DISCLOSURE OF MEMBERS’ INTERESTSThe Chief Executive Officer advised that the following Members had disclosed aninterest in the following matters.

Member/Officer Minute No. Page No. Nature of Interest

Cr MacGill 427/02 1055 Proximity

Cr Sutherland 433/02 1085 Financial

413/02 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVENWITHOUT DISCUSSION

Nil

414/02 CORRESPONDENCEThe Chief Executive Officer advised that correspondence has been received fromChris Devaney of Acme Design, requesting the withdrawal of Item 2 on the agenda -the application relating to the building refurbishment at 102 James Street,Northbridge. A copy of this letter was circulated to Elected Members prior to theCouncil meeting.

The Chief Executive Officer advised that correspondence had been received from theSaferWA East Perth Local Committee regarding the proposed long track motor cycleevent in Gloucester Park, requesting that in the interests of quiet enjoyment oftenure, personal safety and property security, the event proposed for GloucesterPark for 9 November be relocated to a more suitable venue.

415/02 PETITIONSNil

416/02 68-70 (LOT 73 AND 74) BROWN STREET, 11-21 (LOT 31AND 32) EAST PARADE, AND 97-99 (LOT 29 AND 30)KENSINGTON STREET, EAST PERTH - PROPOSEDSERVICE STATION, CONVENIENCE STORE AND CARWASH

BACKGROUND:

SUBURB/LOCATION: Corners Brown Street, East Parade, andKensington Street, East Perth

DA/BA REFERENCE: 02/71



FILE REFERENCE: P1010386-19RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 28 April 2002MAP / SCHEDULE: Map for 68-70 Brown Street, 11-21 East Parade,

and 97-99 Kensington Street, East Perth

LANDOWNER: ShorterAPPLICANT: BSD Consultants (on behalf of BP Australia Ltd)ZONING: (MRS Zone) Urban

(City Planning Scheme Zone) Precinct 6: Boansand Precinct 7: East Parade

APPROXIMATE COST: $3.2 millionSITE HISTORY: The site is located within the portion of the East

Perth Redevelopment Area where the planningpowers were returned to the City from the EastPerth Redevelopment Authority (EPRA) inJanuary 2002.

EPRA has twice previously issued “in principle”support for similar proposals on the sites. On 17April 2000 a proposal, which did not include theparcel of land fronting Kensington Street, wasconsidered by the EPRA Board where it wasresolved:-

“That the Board agreed to consider the option ofa service station on the corner of Brown Streetand East Parade subject to due diligence withMain Roads Western Australia and the City ofPerth followed by a public consultation process”.

On 5 November 2001, the EPRA PlanningCommittee considered a proposal almostidentical to the subject application (some minormodifications are indicated) and offered “inprinciple” support subject to:-

i. due diligence being undertaken with theCity of Perth and Main Roads WA;

ii. the proposal meeting requirements of theAuthority relating to urban design, trafficand access, noise and amenity;

iii. the requirement that the application besubject to public consultation withbusinesses in the East PerthRedevelopment Area and surroundingresidents;

iv. deletion of the car wash andreconsideration of the car park



component of the development frontingKensington Street.

The Planning Committee also resolved that theapplicant be advised that:-

a) the proposed signage, and in particular theheight of the pylon sign, will need to bereviewed prior to lodgement of a formaldevelopment application;

b) the car wash component of the developmentis not supported as it is considered toexacerbate the “expanse” and “openness” ofthe development, and will conflict with nearbyresidential uses;

c) the presentation of the car park areaadjoining Kensington Street requires furtherconsideration;

d) the treatment of the East Parade frontage ofthe convenience store will need to beaddressed to provide an active frontage tothe street;

e) consideration should be given to locating theconvenience store component of thedevelopment immediately at the corner ofBrown Street and East Parade.

It should be noted that development approvalsfor a service station in East Perth have beensought from EPRA on several occasions, withoutsuccess. Due to the apparent demand for sucha facility, EPRA conducted an assessment ofpotential sites within the Redevelopment Area,based on criteria provided by BP Australia Ltdand having regard to the requirements of theEPRA Scheme and Design Guidelines. ThePlanning Committee resolved:-

‘That it would be prepared to consider anapplication for a service station facility at thenorth-west corner of Brown Street and EastParade’.

This application was withdrawn from the agendaof the Council meeting of 14 May 2002, at theapplicant’s request, in order to allow for thesubmission of additional information.



DETAILS:

Approval is sought for a BP service station, including a car wash and conveniencestore, to be located at the north-west corner of the intersection of Brown Street andEast Parade, extending through to Kensington Street. The facility is proposed tooperate twenty four hours a day.

The proposal involves the retention of the existing ‘Shorter Group’ office buildinglocated on the south-west corner of Kensington Street and East Parade, and theretention and upgrade of a warehouse façade fronting Kensington Street. Allremaining development on the sites is proposed to be demolished.

The layout of the development is typical of a standard BP service station, with abuilding housing a convenience store and a series of six petrol pumpsaccommodated under a canopy structure. The service station development isproposed to front East Parade with the convenience store building to be locatedadjoining the existing office building with a nil setback to East Parade. Thedevelopment is proposed to extend through to Kensington Street, where the carwash and parking bays are proposed to be located. The parking area and car washwill be screened from Kensington Street by the warehouse façade that is to beretained.

Crossovers are proposed on Brown Street, Kensington Street and East Parade. Atotal of 29 parking bays are proposed for the service station, convenience store, andcar wash development, which includes the 12 bays alongside the fuel pumps and twobays for vacuuming and air services. A further 16 bays are proposed for use by theemployees of the existing office building.

POLICY/LEGISLATION/STRATEGIC PLAN:

Policy Policy Name and Number: Perth Parking Policy

The proposal is subject to the Perth Parking Policy. The Policy aims to provide andmanage an adequate range of parking facilities throughout the City, having regard topedestrian movement, public transport, traffic flows, road capacity and land use.

A maximum of 72 commercial tenant bays are permitted over the three sites underthe Policy. The proposal complies with this requirement, with a total of 45 baysproposed.

COMPLIANCE WITH PLANNING SCHEME:

Following ‘normalisation’ of areas within the East Perth Redevelopment Area, theprovisions of the EPRA Scheme have been incorporated into the City PlanningScheme. Under the provisions, the subject lots are located within Precinct 6: Boansand Precinct 7: East Parade. With regard to the proposed uses, a service stationfalls within the ‘Service and Light Industry’ category, which is a contemplated use



within both of these precincts. A convenience store falls within the ‘Retail’ category,which is also a contemplated use in both precincts.

The car wash use, however, is not defined under the existing land use categories ofthe Scheme, and is therefore classed as an ‘unlisted’ use. As such, in accordancewith clause 5.2.4 of the Scheme, the Council may only consider the application afterappropriate advertising for public submissions and may approve the application afterdue consideration of the matters referred to in clause 2.10 and any relevantsubmission. Clause 2.10 of the Scheme refers to the requirements of orderly andproper planning, the preservation of the amenity of the area, and any submissionreceived as a result of referrals.

The proposal’s compliance with the relevant parking standards are summarised asfollows:

Development Standard Proposed Required/Permitted Car Parking:- light industry (1 bay /100m2)

convenience store (1 bay /30m2)

office (1 bay /70m2)

9 bays (excluding 12fuel pump bays)

8 bays

16 bays

6 bays (minimum)10 bays (maximum)6 bays (minimum)

10 bays (maximum)17 bays (minimum)24 bays (maximum)

Design Guidelines

The Private Land Design Guidelines for properties fronting East Parade intends fordevelopment to frame the entry to the East Perth Redevelopment Project from thenorth. In this regard the guidelines seek a consistent built frontage, achieved by nilor reduced setbacks to street boundaries. It is noted that the nature of the proposeduses for the sites makes this objective difficult to achieve and some discretion wouldneed to be applied in this regard.

COMMENTS:

Consultation

The proposal was advertised to the owners of the surrounding properties forcomment for a period of 14 days. At the conclusion of the advertising period, twosubmissions on behalf of the owner of the property located adjacent to the subjectsite on Brown Street were received and are summarised as follows:

• Noise: Development plans show that the car wash facility is to be located on theproperty boundary, just 3 metres from the bedroom windows of the objector’sresidence. The noise from the high-pressure water nozzles and mechanical plant



will be impossible to suppress. Further noise will be created by air conditioners,air compressors and cool room compressors that will have to run 24 hours a day.Traffic, car doors, music, talking, delivery trucks, petrol tankers and workshopnoise will also create too much noise for a residential area.

• Traffic Congestion and Access: The proposed entry to the petrol station will beonly about 50 metres from the traffic lights at Kensington Street and only 100metres from the Plain Street, Brook Street and East Parade round-a-bout. Thissection of East Parade is already extremely congested, especially at peak hourtimes. The presence of this development would cause further traffic disruptionand pose a real traffic hazard. Furthermore, the presence of petrol tankers andother commercial vehicles would add to the traffic dangers and affect traffic flow.

• Light and Odours: We expect that the owners/operators of the service station willinsist on bright lighting for the shop, signage, bowsers and the car wash. Giventhe proximity of the station to the objector’s property (especially the bedrooms),we feel that this illumination would cause unreasonable discomfort and burden onsurrounding residents. Especially considering this facility is to operate 24 hours aday. We also expect there to be a problem with odours. These odours maycome from spilled petrol, cleaning chemicals, exhaust fumes, air-conditioning andcooking equipment.

• Fire Danger: We believe that having a petrol station so close to residentialproperties poses an inherent threat of fire. Naked flames from barbecues,cigarettes and other household fires may cause explosions or serious fire danger.

• 24 Hour Operation: It is unreasonable for residents to have to put up with thenoise, light and odour caused by a facility such as this 24 hours a day, 7 days aweek. Further to this, the operation throughout the night of a convenience storeis, in our submission, likely to attract undesirable loiterers, and increase thepotential for crime.

• Loss of Amenity and Value Depreciation: We believe that this development is outof keeping with the urban design of the area, and is counter to the production of astrong and safe community. We believe its presence will reduce public amenity ofthe area and reduce the value of the surrounding properties.

In regard to this current application, EPRA maintains their position as per the “inprinciple” support granted by their Planning Committee on 5 November 2002.

Proposed Use

Service Station and Convenience Store;The proposed service station and convenience store are considered to provideproducts that are presently unavailable in the East Perth Redevelopment Area.Whilst the convenience store component of the development will not completely fulfilthe need for a supermarket in the area, it will go some way towards providing goodsthat residents do not currently have available on hand.



The proposed location could be considered as being appropriate in the context of thesurrounding service and light industrial uses, in addition to being in close proximity tothe Graham Farmer Freeway. Previous resolutions by the EPRA PlanningCommittee/Board have indicated that the site immediately at the corner of EastParade and Brown Street is the preferred location for such a use.

Car Wash;The car wash component of the development is within very close proximity to aresidential property located on the first floor of the building at 74 Brown Street. Giventhe potential conflict that could arise between these uses due to disturbances relatedto noise, the applicant provided an acoustic report for the proposed car washcomponent. The report indicated that the proposed car wash will comply with therequirements of the Environmental Protection (Noise) Regulations 1997 (asamended) during the day and evening periods if the following measures areundertaken:-

1. Two sets of doors being installed to the entry of the car wash;

2. An awning over the entry queue being constructed of brick walls and sheet metalroofing, internally lined with 13mm plasterboard with insulation infill (two layers ofplasterboard required within the ceiling);

3. Acoustic hoods and awnings being installed over the vacuum bays.

The report further states that the joint between the wall and the roof is to be sealed,the insulation is to be 50mm think with a mineral density of 32kg/m3, and the acoustichoods and the extent of the awnings should be in accordance with a sketch planprovided as part of the report.

The applicant has indicated that they are prepared to carry out the works as outlinedin the acoustic report, as well as restricting the operating hours of the car wash to7.00am to 9.00pm (Monday – Saturday), and 8.00am to 8.00pm (Sunday). It isconsidered that these measures are appropriate in order to minimise the impact ofthe car wash on the adjoining property, and therefore, subject to these measuresbeing taken, this aspect of the proposal can be supported.

Urban Design

The built form and commercial requirements of a service station are such thatcompliance with the urban design objectives of the Scheme and the DesignGuidelines are difficult to achieve. The proposed convenience store is seen ascontributing somewhat to a consistent built frontage along East Parade, however it isconsidered that this facade should be better treated to improve its appearance. Therefuelling area is seen as being integral to the development, and while the opennessof the structure is not ideal in terms of built form, the canopy (which extends to theboundary) and the 500mm high limestone wall will provide some reinforcement of thiscorner location.



Parking

It is considered that a one bay parking shortfall for the office component of thedevelopment (17 bays required, 16 bays provided) can be supported in this instance,given that this part of East Perth is well serviced by public transport facilities andother alternative methods of transport.

Although the East Perth Redevelopment Scheme requires a cash contribution in lieuof parking shortfalls, which in this instance equates to $15,000, it is considered thatthis is not appropriate in this case, given that the office has been operating from thepremises for some time without any on-site parking being provided, and that similarvariations to parking standards have been approved by the Council throughout thecentral area of the City, particularly where alternative parking facilities or publictransport is readily available.

Access and Traffic

The applicant has provided written confirmation from Main Roads Western Australia(MRWA) stating that the proposal is not considered to unreasonably impact on thesafety and efficiency of the operation of the traffic signals at the intersection of EastParade and Kensington Street, which was one of the specific concerns raised by anobjection. As such, MRWA have indicated no objection to the proposal.

An assessment of the traffic issues associated with the proposal has confirmed thatfrom a traffic point of view the project is acceptable.

Amenity

Amenity issues are an important consideration given the nature of the proposed usesand its close proximity to existing and future residential uses. This is compounded bythe intended 24 hour nature of the facility. Given the concerns of a neighbouringresident, support for the proposal should be contingent upon the applicant providing,and adhering to, a management plan for the premises. The plan should addresssuch issues as noise attenuation, odour emissions, lighting, security, and tanker truckand delivery vehicle operations in regard to the overall development.

Conclusion:

Mixed-use areas are generally encouraged by the City, however the suitability of theuses and potential for conflict between different land uses must be taken intoconsideration when assessing applications.

In this instance, the proposed service station and convenience store uses areconsidered to be compatible with surrounding land uses which are generally a mix ofcommercial, light industry and residential. It is recommended that the car washcomponent, however, only be supported subject to conditions being imposed on anyapproval that will ensure that the measures as outlined in the acoustic report areundertaken and the operating hours of this aspect of the proposal are restricted.



Moved by Cr Tudori, seconded by Cr Tan

That:-

1. in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme, the Council APPROVES theapplication submitted by BSD Consultants on behalf of Shorter andBP Australia Ltd for the construction of a service station,convenience store, and carwash at 68-70 (Lot 73 and 74) BrownStreet, 11-21 (Lot 31 and 32) East Parade, and 97-99 (Lot 29 and 30)Kensington Street, East Perth as indicated on the MetropolitanRegion Scheme Form One received on 21 February 2002, and asshown on the plans received 21 February 2002, subject to:-

1.1 the measures as outlined in the ‘Noise Control’ section of theacoustic report prepared for the site by Herring StorerAcoustics dated 4 June 2002 being implemented;

1.2 details of the design, colours and materials of the awning overthe car wash queuing area and acoustic hoods, with thematerials being in accordance with the recommendations ofthe acoustic report prepared for the site by Herring StorerAcoustics dated 4 June 2002, being submitted and approved,prior to the issue of the relevant building licence;

1.3 the hours of operation of the car wash and vacuum bays beinglimited from 7am to 9pm Monday to Saturday, and 8am to 8pmSunday;

1.4 the proposed convenience store not exceeding 200 squaremetres of gross leasable floor area;

1.5 details of the design, colours and finishes of the proposed andexisting buildings and structures, with particular regard toimproving the appearance of the East Parade elevation, beingsubmitted and approved, prior to the issue of the relevantbuilding licence;

(Cont’d)



1.6 a management plan for the premises, addressing such issuesas noise attenuation, odour emissions, lighting, security, andtanker truck and delivery vehicle operations and access, beingsubmitted and approved, prior to the issue of the relevantbuilding licence, with the recommendations of themanagement plan being implemented as part of theconstruction of the development and in the on-goingoperations of the premises;

1.7 the dimensions of all vehicle parking bays, aisle widths andcirculation areas complying with the Australian Standards;

1.8 the subject lots being amalgamated into one lot on oneCertificate of Title, prior to the issue of the relevant buildinglicence;

1.9 details of all external signage being the subject of a separateapplication;

1.10 the submission of a construction management plan for theproposal detailing how it is proposed to manage:-

• the delivery of materials and equipment to the site;• the storage of materials and equipment on the site;• the parking arrangements for the contractors and

subcontractors;• impact on traffic movement;• other matters likely to impact on the surrounding

properties;

2. the applicant be advised that the City will not support anymodifications to the median on East Parade to permit right turnsinto or out of the subject property.

Motion to amend

Moved by Cr Sutherland, seconded by Cr McEvoy

That:-

1. part 1.3 be amended to read as follows:-

(Cont’d)



“1.3 the hours of operation of the car wash and vacuum baysbeing limited from 8am to 6pm Monday to Saturday and from9am to 6pm on Sunday;”

2. part 1.2 be amended to read as follows:-

“1.2 details of the design, colours and materials of the awningover the car wash queuing area and acoustic hoods, with thematerials being in accordance with the recommendations ofthe acoustic report prepared for the site by Herring StorerAcoustics dated 4 June 2002, being submitted and approved,prior to the issue of the relevant building licence, and thecarwash bay being screened from the adjoining land ownersin a manner acceptable to the Council;”

The amendment was put and carried



Against: Nil

The amended motion was put and carried



Against: Nil

417/02 102 (LOT Y39) JAMES STREET, NORTHBRIDGE –PROPOSED CHANGE OF USE FROM ‘OFFICES’ TO‘MULTIPLE DWELLINGS’

The Chief Executive Officer advised that the applicant had requested that this itembe withdrawn.

The Lord Mayor ruled to allow the item to be withdrawn



418/02 63/171-177 (LOT 15) ST GEORGES TERRACE, PERTH -PROPOSED CHANGE OF USE FROM RESIDENTIAL TOOFFICE

BACKGROUND:

SUBURB/LOCATION: Southern side of St Georges Terrace, betweenWilliam Street and Mercantile Lane, Perth –known as the Kingsgate Apartments

DA/BA REFERENCE: 02/0157FILE REFERENCE: P1004528RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 22 May 2002MAP / SCHEDULE: Map - 171-177 St Georges Terrace, Perth

LANDOWNER: Mr L H Low and Ms S C ChuahAPPLICANT: Major Corporate Pty LtdZONING: (MRS Zone): Central City Area

(City Planning Scheme Zone): Office COAPPROXIMATE COST: NilSITE HISTORY: Approval was issued on 29 April 1997 for the

conversion of an existing office building toresidential apartments. Two commercialtenancies at ground floor level were retained.

This item was deferred at the Council meeting held on 11 June 2002.

DETAILS:

An application has been submitted to the Council seeking approval for a change ofuse from residential to an office for property consultants. The proposed office is tobe located on the sixth floor of the existing building. The applicant advises that therewould be four staff, one of which would operate externally as a sales person.Appointments would be scheduled, ensuring controlled access to the premises.Also, the majority of meetings will be conducted off site. The estimated number ofclients to the premises per week is five (5). No advertising is proposed on site.

The applicant advises that he intends to operate the business from the premises for aperiod of two years only, pending the completion of refurbishment works to theprevious business premises at 182 St Georges Terrace.


PolicyPolicy Name and Number: Newspaper House / Perth Technical College



Street Block Planning and DevelopmentGuidelines

The Newspaper House/ Perth Technical College Street Block Guidelines relateprimarily to the redevelopment of this precinct. The subject proposal is consistentwith the general objectives of this Policy.

PolicyPolicy Name and Number: Perth Parking Policy

The Perth Parking Policy aims to balance vehicle access with the preservation andenhancement of the environment of the city, through establishing a desirable numberof car parking bays in the city.

One (1) existing car bay is allocated to the subject unit, with no additional car baysproposed. As tenant car parking is not required in the Central Area, the proposal isconsidered to be satisfactory in this regard.


Under the use class table (Table 2) of the City Planning Scheme, an ‘Office building’is a permitted (‘P’) use within the Office CO zone applicable to the subject site. Theproposed use is considered to be compatible with the objectives of the Scheme. Thechange of use will not affect the approved development standards for the building.

Draft City Planning Scheme

The subject site is located in the City Centre area of the St Georges (P6) Precinctunder the Draft City Planning Scheme. The proposed use is classified as an ‘Office’,which is a preferred use in this location.

COMMENTS:

Public Consultation

Although a permitted use in the zoning, given the predominantly residential nature ofthe existing building, the application was advertised to all landowners/ residents forcomment on 18 April 2002 for a period of 14 days. Clause 39 of the City PlanningScheme states that the “Council may consult with any authority, which, in thecircumstances, the Council thinks appropriate.” “Authority” is not defined in the CityPlanning Scheme, but is interpreted to enable the Council to consult with the BodyCorporate.

Three (3) letters of support (two subject to conditions) and seven (7) letters ofobjection, were received by the City. The issues raised in these submissions aresummarised as follows:-



• The property is located within a residential building with commercial provided atground level. Residents have purchased units in the building on theunderstanding of this.

• Proposed use is considered to be incompatible with the use of the building forpredominantly residential purposes.

• Set an undesirable precedent.

• Increase in traffic.

• Increase in noise.

• Impact on residential amenity.

• Issues of security and increase in vandalism.

• Increase in general wear and tear.

• Lifts are old and not conducive to commercial use.

• May alter rates.

• Not appropriate for disabled access.

• Increase in insurance costs.

• There is sufficient commercial space available in the City and within closeproximity to the site.

• Impacts on privacy.

• Impacts on property values.

Response to Submissions

Land Use Compatibility

It is noted that the business operates as property consultants, real estate agents,asset managers, valuers and auctioneers. A real estate agent is usually defined as a‘Shop’ under the City Planning Scheme 1985. However, the business does notoperate as a traditional estate agent, but as a service profession offering propertyconsulting and property management services in addition to sales. In this regard, thesubject use can be reasonably defined as an ‘Office’.

The applicant advises that the business has a staff of only four people, with themajority of meetings with clients being held off site. The subject premises does notgenerate ‘walk in’ visitations but operates on a fixed appointment basis only, ensuringcontrolled access.

The building, previously known as the MLC office building, was converted toresidential apartments, with the retention of commercial space at ground level, in thelate 1990’s. Notwithstanding the predominant residential use that now occupies thebuilding, the use of the premises for commercial purposes is a permitted use in theOffice CO zone and one that is continued to be encouraged under the draft CityPlanning Scheme No.2.



Precedent

The applicant advises that he intends to operate the business from the premises for aperiod of two years only. Notwithstanding this, given the Office CO zoning applicableto the subject site, there is no planning justification for limiting the approval to twoyears only. Should other businesses wish to operate from this building, they willneed to obtain planning approval from the City.

Amenity

Concerns have been raised regarding the issues of privacy, noise and security forresidents of the subject building from visiting clientele of the business. It isconsidered that the amount of patronage generated by the office use is minimal andaccess is controlled with the appointments made. This is considered to be anappropriate management arrangement. The number of clientele visiting the propertyis considered to be no more intense than residential visitations.

In order to control the operational management of the business, it is recommendedthat a limitation be placed on the hours of operation from 8.30am to 6.00pm Mondayto Friday and 9.00am to 5.00pm on Saturdays with no work on Sundays.

Traffic and Car Parking

Clause 142 of the City Planning Scheme states that there is no obligation to providecar parking spaces in the Central Area. It is considered that the number of vehiclemovements generated by the subject proposal would be no more intense than othercommercial uses in the Central Area and given its small scale, would have noperceived impact upon the site or the surrounding road network.

Increase in Insurance

This is a matter for the Body Corporate to address and does not provide a justifiedplanning argument for refusal of the application.

May alter rates

Residents of the complex will not experience an increase in rates as a result of theproposal as rates are levied on individual strata lots.

Not appropriate for disabled access

A Building Licence will be required to change the classification of the subjectpremises. Accordingly, the premises will need to be upgraded to conform with therequirements of the Building Code of Australia. The issue of disabled access willneed to be addressed at the Building Application stage.



Availability of commercial space within the City

It is acknowledged that there is a supply of vacant commercial office space within theCentral Area. However, this does not provide a justified planning argument forrefusal of the application.

Lift Access

Concerns have been raised regarding the impacts from increased pedestrian trafficon the general wear and tear of the building, particularly the existing lifts. A letterfrom Otis Elevator Company dated 3 April 2002 was submitted as part of an objectionadvising that the lift service would be greatly affected should the tenancy be amixture of office/residential. As previously indicated, the issue of building upgrade toconform with the Building Code of Australia will need to be addressed at the BuildingApplication stage.

Impacts on property values.

There is no evidence to suggest that the subject proposal will have an impact onproperty values.

Conclusion

The intensity of the proposed office use is considered to be minor in nature withminimal on or off site impacts. The proposal is considered to be compatible with thepredominantly residential use of the building given the scale of the businessproposed. Consideration needs to be given to the Office CO zoning applicable to thesubject premises, where an office is a permitted ‘P’ use. In order to control andmanage the use, it is considered that a condition should be imposed limiting thehours of operation. Having regard to the above matters, the proposed use of theproperty for the purposes of an office should be supported subject to relevantconditions relating to the hours of operation.

Moved by Cr McEvoy, seconded by Cr Stroud

That:-

1. in accordance with the provisions of the City Planning Scheme andMetropolitan Region Scheme, the Council APPROVES theapplication for an office at 63/171-177 (Lot 15) St Georges Terrace,Perth as shown on the Metropolitan Region Scheme Form Onereceived on 12 April 2002 and on the plans received on 12 April2002, subject to:-

1.1 the hours of operation being limited to 8.30am to 6.00pmMonday to Friday and 9.00am to 5.00pm on Saturdays with nowork on Sundays;

(Cont’d)



1.2 approval being valid for a period of 2 years only, after whichtime a fresh application for planning approval must besubmitted and approved prior to the continuation of the officeuse;

2. the applicant be advised that:-

2.1 they may be required to obtain the consent of the BodyCorporate to operate the office;

2.2 they will need to comply with the Building Code of Australia1996 with regard to the change in building classification.



For: The Lord Mayor, Crs McEvoy, MacGill, Scaffidi, Sutherland andStroud

Against: Crs Davidson, Tan and Tudori

419/02 419 - 447 WELLINGTON STREET, PERTH - PROPOSEDALFRESCO DINING AREA AND LICENCE IN FORRESTPLACE

BACKGROUND:

SUBURB/LOCATION: Forrest Place, PerthDA/BA REFERENCE: 02/0202FILE REFERENCE: P1009964-11RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 May 2002MAP / SCHEDULE: Map for 419-447 Wellington Street, Perth

LANDOWNER: Department of Land AdministrationAPPLICANT: Cameron Chisholm and Nicol on behalf of the

owners of Forrest ChaseZONING: (MRS Zone) City Central Area

(City Planning Scheme Zone) Shopping CSAPPROXIMATE COST: $70,000



SITE HISTORY: The site is within Forrest Place and is currentlyused as public open space for displays,theatrical and musical events and communityactivities.

DETAILS:

Approval is sought for a new alfresco dining area in Forrest Place that will replace theexisting alfresco dining areas adjacent to McDonalds, Subway and Chicken Treatwithin Forrest Chase. The proposed alfresco dining area will service all of theseeating houses and also “Jaws” (Japanese take-away). The operational hours of thearea will be tailored to meet the core trading needs of these food outlets. The diningfurniture will be removed in the event of activities taking place within Forrest Place.

The dining area will consist of 48 tables in 4 blocks of 12 and cover an area of 164square metres. The proposed furniture will consist of stackable aluminium framedchairs with 800cm x 800cm square tables with a marble tone finish. One removableumbrella, with a solid base per two tables will be used to create shade. They willcover an area of 9.4 square meters and stand 2.7m in height. The umbrellas will beeither maroon, navy blue or dark green. The dining area will be bordered by two,maroon, 2m long canvas division screens at each corner. Four mobile rubbish binswill be provided at each entrance to the dining area.

The chairs, tables, umbrellas, partitions and bins will be stored within the premises ofeach of the participating businesses at the close of trading each day. Should thealfresco area need to be removed during normal trading hours, to accommodateevents and the like, those items that cannot be conveniently stored within the leasedpremises will be temporarily transferred to the Forrest Chase basement.

The applicant has submitted a “Management Plan” which outlines, among otherissues, the Forrest Chase owners’ responsibility to maintain a high standard ofpresentation. It has been indicated that the alfresco area will be manned by anattendant who will remove rubbish, clean tables and monitor the arrangement of thefurniture. The area will also be monitored by Forrest Chase Security to discourageantisocial behaviour and to maintain a safe environment for patrons. Finally, thoserestaurants involved in the “Management Plan” will provide ablution facilities.


PolicyPolicy Name andNumber:

Alfresco Dining Policy 2000

The objectives of the City’s Alfresco Dining Policy are:-

• To encourage high quality alfresco dining to enhance the amenity, vitalityand ambience of the City,

• To provide a framework for control and management of these areas,• To ensure that the dining area does not interfere with reasonable pedestrian

movement.



The proposal generally complies with the policy with the exception of thenumber of chairs. The Policy allows a maximum of one chair per square metre.The application has requested 192 chairs for an area of 164 square metres.

Legislation: Alfresco Dining Local Law 2000

In accordance with this Local Law, a person shall not, in any public place, setup or conduct an alfresco dining area unless that person is the proprietor of aneating house which has direct frontage to the portion of the public place towhich the licence relates.

As the Forrest Chase Centre Management does not hold an eating houselicence and is not the proprietor of an eating house, an alfresco dining licencecan not be issued for this current proposal, and therefore, is being consideredas a planning application in regard to the use of the land.

Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A Financially Healthy City

Strategy: E 1.3 Income Maintenance andGrowth.

Develop strategies for the futurethrough income maintenance,diversity and growth.


There are no provisions under the City Planning Scheme that relate to AlfrescoDining.

Draft City Planning Scheme:

Under the Draft City Planning Scheme No. 2, the subject site in Forrest Place fallswithin the City Centre area of the Citiplace Precinct where “Dining” is a preferred use.The objectives of this Precinct are to provide activity and interest and to create aclear and coherent sense of place with a community focus and with priority beinggiven to pedestrians. Finally, alfresco dining will be supported throughout theprecinct where it satisfies the provisions of the City’s Alfresco Dining Policy 2000.With the exception of the number of chairs, which does not comply with the Policy,the proposal complies with the Draft Scheme.

COMMENTS:

Alfresco Dining Policy 2000:

The application generally complies with the main objectives of the City’s AlfrescoDining Policy 2000. The removal of the current individual alfresco dining areas in



front of the McDonald’s, Subway and Chicken Treat eating houses will enhance theamenity of the area by providing uniform furniture of a high quality and by addingvitality to Forrest Place. The proposed alfresco dining area will be maintained andmanaged by the owners of Forrest Chase to ensure it is kept clean and tidy andenhances the public space. The positioning of the dining area will not interfere withpedestrian movement or access to the eating houses and adjacent tenancies.

The proposal does not comply with the Policy in regard to the number of chairsindicated for the Alfresco Dining Area. The application proposed 192 chairs, which is28 more than the number allowed by the policy for the proposed area. A conditioncan be imposed on any approval such that the number of chairs is reduced to amaximum of 164 chairs, in compliance with the Policy.

The proposal states that one umbrella will be provided for every two tables. Giventhat the number of chairs, and consequently tables, will be reduced, details of theconfiguration of the umbrellas will need to be submitted for approval prior to thedining area being established, to ensure that they does make a positive contributionto the immediate environment. The umbrellas must be adequately secured and be aminimum height of 2.3 metres above the pavement level.

The proposal states that both the umbrellas and screens will display logos. Toensure that these comply with the Policy, a condition can be placed on any approvalrequiring any such advertising to be limited to 10 per cent of the area of eachumbrella or screen, displaying only the names and logos of the adjacent eatinghouses or the products sold by the eating houses.

Alfresco Dining Local Law 2000:

As the proposed alfresco dining area is to be managed and operated by the ForrestChase Centre Management, rather than the proprietor of an eating house, analfresco dining licence can not be issued for the use of the area, under the provisionsof the City’s Alfresco Dining Local Law 2000.

There is no impediment, however, to the City granting a licence under the provisionsof the Local Government Act 1995, as the City has care, control and management ofthe Forrest Place Ground Level Reserve. Unlike a lease, the granting of a licenceover this area would not provide the Forrest Chase owners with exclusive use of thearea, allowing continued public access through, and use of, the area.

Notwithstanding that observation, it is proposed that the licence to Armstrong JonesManagement Limited and ISPT Pty Ltd be made subject to a 12 month provision inthe event that the overhead walkway system Northern Link is to be removed.

It is considered appropriate to charge a licence fee of $100 per square metre perannum plus GST, which is the current alfresco dining fee applicable to Zone 1,Central.



Compatibility with Surrounding Uses:

Forrest Place is allocated as public open space for out door theatre, music andgeneral exhibition. The proposal for an alfresco dining area would not impactadversely on the area and may increase its use by providing more seating than iscurrently available and improve the aesthetics of the area by removing the individualalfresco areas that currently exist in the area. The proposal will not impact upon thecurrent uses of Forrest Place as the furniture and screens will not be fixed and canbe removed at the Council’s request to accommodate events or functions in ForrestPlace.

CONCLUSION:

It is considered that the proposal will enhance the amenity of Forrest Place byproviding one large uniform alfresco dining area in place of a number of smaller onesoperated by individual tenants within Forrest Chase. This will eliminating the currenthaphazard presentation of the small alfresco dining areas in front of McDonalds andChicken Treat and will promote uniform management and operational procedures forthe one larger area. It will not impede or interfere with pedestrian movements or thefunction of Forrest Place and the proposal should make a positive contribution to thestreet environment.

It is also recommended that the Council grants a licence for Armstrong JonesManagement Limited and ISPT Pty Ltd to operate an alfresco dining outlet on thenorth eastern end of the Forrest Place Ground Level Reserve adjacent to the northwestern corner of Forrest Chase, for an annual fee of $16,400 per annum plus GST,paid quarterly in advance.

Cr Sutherland departed the Chamber at 6.17pm and returned at 6.18pm

Moved by Cr McEvoy, seconded by Cr Sutherland

That:-

1. in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme, the Council approves theapplication submitted by Cameron Chrisholm and Nicol (WA) Pty Ltdfor an Alfresco Dining Area at 419-447 Wellington Street (ForrestPlace), Perth, as indicated on the Metropolitan Region Scheme FormOne dated 2 May 2002 and shown on the plans received 28 May2002, subject to:

1.1 the Forrest Chase Centre Management maintaining the area to ahigh standard of cleanliness and hygiene throughout alloperational times, with the area presenting a well maintainedimage;

(Cont’d)



1.2 all dining furniture being contained within the designatedboundaries of the 164m2 alfresco dining area;

1.3 the chairs, tables, umbrellas, partitions and bins being removedfrom the designated alfresco dining area at the close of tradingof the participating food outlets each day, and at those timesduring normal trading hours as required by the City, toaccommodate events and functions in Forrest Place;

1.4 details of the location and number of umbrellas, and the methodof securing the umbrellas, being submitted and approved priorto the establishment of the dining area;

1.5 the umbrellas being a minimum height of 2.3 metres above thepavement level;

1.6 the total number of chairs being limited to a maximum of 164chairs in accordance with the City’s Alfresco Dining Policy2000;

1.7 any advertising displayed on the umbrellas or screens beinglimited to 10 per cent of the area of each umbrella or screen,displaying only the names and logos of the adjacent eatinghouses or the products sold by the eating houses. No separateadvertising equipment or materials shall be permitted within thealfresco dining area;

1.8 compliance with the “Management Plan” as submitted on 21May 2002 with the application for the proposed Alfresco DiningArea;

2. the Council agrees to advertise its intention in accordance withsection 3.58 of the Local Government Act 1995, to grant a licenceover a portion of the Forrest Place Ground Level Reserve adjoiningForrest Chase for use as an alfresco dining area on the followingterms and conditions and subject to the consent of the Minister forPlanning and Infrastructure:

2.1 the Licensee shall be Armstrong Jones Management Limitedand ISPT Pty Ltd, the owners of Forrest Chase;

(Cont’d)



2.2 the licence term five (5) years from 1 July 2002 to 30 June 2007,with the right for the City to terminate the agreement by twelve(12) months written notice in the event that the Northern Link ofthe Upper Level Walkway system is to be removed;

2.3 the licensed area shall be an area of 164 square metres on thenorth eastern end of Forrest Place Ground Level Reserve,adjacent to Forrest Chase;

2.4 the initial licence fee shall be $16,400 per annum plus GSTpayable by quarterly instalments in advance; the fee to berevised annually to the current alfresco dining fee for Zone 1Central, which presently stands at $100 per square metre perannum;

2.5 the Licensee is required to take out and to hold current duringthe terms of the licence, Indemnity Insurance for Public Liabilityfor an amount of not less than $10 million for any one claim;

2.6 the site must be maintained in a neat and tidy condition to thesatisfaction of the City;

2.7 all tables, chairs and associated items are to be removed at theend of each day’s trading;

2.8 no advertising easels, separate equipment or advertisingmaterials shall be permitted on the site;

2.9 the Licensee is to forego use of the licensed area on thoseoccasions when major events sponsored by the City of Perthare to be held in the Forrest Place Ground Level Reserve,subject to fourteen (14) days notice in writing being given to theLicensee by the City of Perth;

2.10 all costs for the preparation and stamping of the LicenceAgreement are to be paid by the Licensee;

3. the applicant be advised that the alfresco dining area and itsmanagement and operation must comply with the Health Act 1911regulations made under that Act, the City of Perth’s Local Laws, theLitter Act 1979 and all other relevant legislation.






Against: Nil

420/02 NOISE ABATEMENT EXEMPTION – LONG TRACKMOTORCYCLE EVENT, GLOUCESTER PARK, 9NOVEMBER 2002

BACKGROUND:

SURBURB/LOCATION: Gloucester Park, Nelson Crescent, East PerthDA/BA REFERENCE: 02-9527FILE REFERENCE: P1004701-2RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 28 May 2002MAP / SCHEDULE: Map - Nelson Crescent, East Perth

LEGISLATION/STRATEGIC PLAN:

Legislation: Environmental Protection Act 1997Section: Regulation 18Strategic PlanKey Result Area: Social and Cultural DevelopmentObjective No: 5.1

Objective: To raise awareness and understandingof the cosmopolitan nature of Perth.

Strategy: To develop a social developmentstrategy integrating social objectiveswith the city’s functions and consultationwith the community and externalagencies.


DETAILS:

An application has been received for approval for the use of Gloucester Park for aninternational motorcycle racing event to be held on Saturday 9 November 2002,between the hours of 7.00pm and 11.00pm and a practice session to be heldbetween 3.30pm and 4.30pm.



COMMENTS:

This event will cause significant disturbance to residents over a wide area. Priornotification of the event to affected residents is essential to enable them to makealternative arrangements for the day should they not wish to experience the event.

There are no events scheduled for the WACA ground on this day although thedomestic cricket fixtures for 2002/2003 have not yet been finalised so there shouldnot be any conflict between the two venues.

Due to the sound levels expected from the event it is necessary for an exemption,under the provisions of Regulation 18 of the Environmental Protection (Noise)Regulations 1997 to be granted for the event to proceed. Regulation 18 allowsapproval for two non-complying events at any one location in any one calendar year.

An acoustic report has been prepared for this event. Expected sound levels at thenearest noise sensitive premises (property boundaries on north side of Nile Street)have been extrapolated using actual bike sound level measurements at the venue. Itis expected that sound levels of 89 decibels (LA10 dB(A)) will be received at thenearest noise sensitive location for the duration of the races (19 races at 90 secondseach). Levels of 70 decibels are expected at properties one block further north inConstitution Street.

The assigned noise level for the area during the day is 45 decibels. Ambientmeasured background noise levels were 48-50 decibels for Wednesday 11am -12noon. In addition, there is expected to be increased noise levels in the vicinity of theevent from patrons leaving the venue.

Rally Australia is expected to hold concerts approximately one week prior to thisevent at Langley Park (date not confirmed). In 2001, an exemption under regulation18 of the noise regulations was granted for this event. It is expected that the samewill apply in 2002. The close proximity of these events in time and location should betaken into consideration and it was suggested to the applicant that the two eventsshould be combined over the same weekend. The applicant has rejected thesuggestion from a marketing perspective.

It is a condition of the Regulations (18) (8) that a noise monitoring fee be paid torecoup any costs of noise monitoring during the event. Unlike a concert, where thereis control over sound levels at the mixing desk, there will be no practicable controlsover noise levels generated. Therefore the setting of a monitoring fee or maximumnoise levels are not appropriate or enforceable.

Approval is also dependent on neighbouring local Authorities likely to be affected bythe noise agreeing to the conditions set. If agreement cannot be met, the Ministermay determine the conditions.

As the sound levels from the event will be of a level likely to cause some disturbancein the area of Nile Street, Constitution Street, Trafalgar Road, Arden Street andMacey Street, conditions would be applied to any approval requiring a letter drop to



this area prior to the event. It will also be necessary for the organisers to provide acomplaint response service.

Providing adequate notice is given to surrounding residents, it is considered that theevent could proceed, however, noise levels can not be contained within the noiseregulation levels.

As the event is of international status and would lose its effect if the provisions of theEnvironmental Protection (Noise) Regulations were enforced, it is recommended thatan exemption under Regulation 18 be granted, subject to the following conditions andthat the Council supports the staging of the event as a trial and residents to notify theCity of Perth of any disturbance issues following the event.

It was therefore recommended to the Council that as per the provisions of Regulation18 of the Environmental Protection (Noise) Regulations 1997, the Council grant anexemption for the above event, subject to the following conditions:-

1. a complaint response service, for persons wishing to lodge complaintsconcerning noise associated with the event, be established. This shallcomprise of a telephone service that is always answered by an operator. Ananswering machine or paging service is not acceptable;

2. the complaint response service shall be attended at all times the event is inprogress and particularly during the practice session;

3. notice of the times of races, the practice session and the establishment of theanswering service and its telephone number shall be provided by a flyer,distributed to all premises within the designated area, by 5.00pm on11 October 2002;

4. the designated area shall be an area bounded by Brown, Brook, Bennett andHay Streets and the Swan River.

Motion to defer


That the item relating to Noise Abatement Exemption – Long TrackMotorcycle Event, Gloucester Park, 9 November 2002, be deferred toallow for a period of public comment on the proposal.

The motion to defer was put and lost




For: The Lord Mayor, Crs McEvoy, Sutherland and Stroud

Against: Crs Davidson, MacGill, Scaffidi, Tan and Tudori

Moved by Cr Scaffidi, seconded by Cr Davidson

That the application for a noise abatement exemption for the proposedLong Track Motorcycle event to be held at Gloucester Park on 9November 2002 be refused on the following grounds:-

1. the proposal does not comply with the requirements of theEnvironmental Protection (Noise) Regulations 1997;

2. the proposal will generate significant noise levels that will have anadverse impact upon the amenity of the adjacent residentialneighbourhood; and

3. the proposal will act as a precedent for the staging of further similarevents at Gloucester Park that are not compatible with thesurrounding residential neighbourhood.



For: Crs Davidson, MacGill, Scaffidi, Sutherland, Tan and Tudori

Against: The Lord Mayor , Crs McEvoy and Stroud

In accordance with Regulation 11(da) of the Local Government (Administration)Amendment Regulations 1999, the reason for the decision made beingsignificantly different to that recommended, is that the Council did notconsider that Gloucester Park was the appropriate venue for such an event.



421/02 HAY STREET, PERTH - PROPOSED TEMPORARYRELOCATION OF CATS BUS STOP AND ASSOCIATEDPARKING CHANGES

BACKGROUND:

FILE REFERENCE: P1000323-3RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 10 June 2002MAP / SCHEDULE: Map - Hay Street - Temporary relocation of CAT bus stop


PolicyPolicy Name and Number: SU - 52 Parking Restrictions - KerbsideLegislation City of Perth – Parking Local Law 1999Section: Part 2 – Stopping and Parking Generally

Strategic PlanKey Result Area: Urban Development and TransportObjective No: 5 Objective: To ensure that public transport

provisions and routes adequately meetsthe needs of the community and that theCity has adequate and appropriatelylocated parking.

Strategy: To ensure that public transportprovisions and routes adequately meetsthe needs of the community and that theCity has adequate and appropriatelylocated parking.

DETAILS:

A request was received from the Department for Planning and Infrastructure toconsider the temporary relocation of the CAT bus stop in Hay Street from its presentlocation east of Milligan Street to the west side of Milligan Street. The reason beingthat ongoing construction works at the Woodside site makes it, at times, difficult forthe buses to access this stop. Construction works are also ongoing on the adjacentsite at the corner of Hay and Milligan Streets.

FINANCIAL IMPLICATIONS:

The are no financial implications for the City as the Department for Planning andInfrastructure will bear all costs for the relocation of the CAT stop and associatedkerbside parking changes.



COMMENTS:

The parking area fronting the Woodside site in Hay Street to the east of CAT busstop is a work zone. Drivers of the CAT buses have indicated that at times, they areunable to stop their vehicles close to the kerb because of the positioning ofconstruction delivery vehicles and semi trailers within the work zone. This creates anongoing safety issue as passengers are then unable to alight or board the busesfrom the footpath and are required to step on to the road pavement. The problemcould be more serious should the passenger be disabled or elderly.

In addition the gantry/scaffold located on the kerb line at the corner of Milligan andHay Streets, although being located away from the stop, tends to make drivers stoptheir buses further from the kerbline.

These issues can be addressed by relocating the CAT stop to the west side ofMilligan Street about 50 metres from its current location. The relocated Cat stopwould take up the taxi zone and it is therefore proposed to move the taxi zonewestwards into the 15 minute bay and metered parking. The 15 minute bay will nowbe positioned to the west of the taxi zone. The two metered parking bays that will belost in this area, to accommodate the changes, can be relocated to the redundantCAT stop east of Milligan Street. Accordingly there would be no loss of any kerbsideparking. The proposed arrangements are temporary and the original kerbsideparking will be reinstated on completion of the construction works at the Woodsidesite. The works are scheduled for completion around September 2003. TheDepartment for Planning and Infrastructure has agreed to cover all costs.


That the Council approves the temporary relocation of the:-

1. CAT bus stop commencing 29.2 metres east of Milligan Street andextending 18.8 metres eastwards to 8.0 metres west of MilliganStreet and extending 13.0 metres westwards in lieu of the existingtaxi stand;

2. taxi stand commencing 8.0 metres west of Milligan Street andextending 13.0 metres westwards to 21.0 metres west of MilliganStreet and extending 14.0 metres westwards in lieu of the existing 15minute and metered parking bays;

3. 15 minute parking bay commencing 21.0 metres west of MilliganStreet and extending 7.0 metres westwards to 35.0 metres west ofMilligan Street and extending 7.0 metres westwards in lieu of theexisting half hour metered parking;

(Cont’d)



4. half hour metered parking commencing 28.0 metres west of MilliganStreet and extending to 14.0 metres westwards to 29.2 metres eastof Milligan Street and existing 13.0 in lieu of the existing CAT stop;

as shown on drawing P6839.03B and P6839.07 and for the duration of theconstruction works at the Woodside site.

Motion to amend

Moved by Cr Davidson, seconded by Cr MacGill

That appropriate consultation be undertaken with the Taxi Council ofWestern Australia.




Against: Nil




Against: Nil

422/02 ROYAL STREET, EAST PERTH - PROPOSED KERBSIDEPARKING CHANGE

BACKGROUND:

FILE REFERENCE: P10012263RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 11 June 2002MAP / SCHEDULE: Map - Royal Street, East Perth




PolicyPolicy Name and Number: SU- 52 Parking Restrictions - KerbsideLegislation City of Perth – Parking Local Law 1999Section: Part 2 – Stopping and Parking Generally




DETAILS:

At the meeting of the Council held on 28 May 2002, the ‘Convenience Store Proposalat Shop 2, Regal Place Carpark,’ was discussed and it was resolved that:

“1. by 30 June 2002, time limits be introduced for on-street parking in the vicinity ofthe premises, which will encourage turnover of bays to make it easier forcustomers to find parking;

2. commits to review the on-street parking restrictions in Royal Street and RegalPlace, in the vicinity of the Regal Place multi-story carpark at the Councilmeeting scheduled for 25 June 2002, with no pre-emption of any decisionintended.”

Currently there are 36 car parking bays (four 15-minute and thirty two 2-hour limit) inRoyal Street between Plain and Bennett Streets, and sixteen 2-hour car parking baysin Regal Place between Plain and Royal Street. In addition there are 2 loading zonesin Royal Street and one in Regal Place.


ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $1,980,900 ($334,379.04 this portion)AMOUNT SPENT TO DATE: ($322,865.24 this portion)PROPOSED COST: $200BALANCE: ($11,313.80this portion)

ANNUAL MAINTENANCE: nil



All figures quoted in this report are exclusive of GST.

COMMENTS:

A recent survey of the on-street parking in Regal Place and Royal Street betweenPlain and Bennett Streets, indicates that the turnover of parking bays is notadequate, with more than half the motorists overstaying the time limit in Royal Streetand almost all in Regal Place.

Currently there four short term (15-minute) bays in Royal Street and no short termparking in Regal Place. Introduction of more short term parking would achievegreater turnover. However only four of the fourteen businesses abutting the streetsfavoured more short term on-street parking.

It has been observed that since ticket parking was introduced in Royal Street east ofPlain Street, parking in that section of the street is always available. Introduction ofticket parking would also improve the situation in this area, however this proposalwould need further consultation with adjacent businesses.

In the interim, the proposal to introduce some short term parking in Royal Street canbe supported as this would assist motorists wishing to make a short stop. Council’sRegal Street Car Park can be utilised by motorists who need to park for longerperiods.

The survey also indicated that some businesses felt that as the entrance to the RegalStreet Car Park need to be better signed at Royal Street and that the car park shouldbe kept open till 9.00pm. Currently the car park closes at 7.00pm on weekdays and12 midnight on Friday and Saturday. A review will be undertaken to improve thesignage for this car park and its operations.

Cr Stroud departed the Chamber at 6.43 and returned at 6.45pm

Moved by Cr MacGill, seconded by Cr McEvoy

That the Council approves the establishment of 15 minute parking on thesouth side of Royal Street 34.5 metres west of Plain Street and extending28.0 metres westwards in lieu of the existing two hour parking, as shownon drawing No. 6452–03A.




Against: Nil



423/02 VERGE PARKING WITHIN THE CITY

BACKGROUND:

FILE REFERENCE: P1007066-3RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 5 June 2002MAP / SCHEDULE: N/A

At a meeting of the Council held on 8 April 1997 it was resolved to ban verge parkingin Railway Street, Troode Street and Colin Place.


PolicyPolicy Name and Number: SU-52 Parking Restrictions – KerbsideLegislation City of Perth Parking Local Law 1999 - Sec 3.6 Road Traffic Code - Sec 165 Perth Parking Management Regulations, Perth Parking Policy Sec - 8Strategic PlanKey Result Area: Urban Development and TransportObjective No:5 Objective: To ensure that the public transport provision

and routes adequately meet the needs of thecommunity and that the City has adequate andappropriately located parking.

Strategy: Develop an integrated public transport andparking strategy.

DETAILS:

The Department for Planning and Infrastructure (DPI) has raised the issue of vehiclesparked on the verge within the Perth Parking Management Area (PPMA). TheDepartment has observed that in various areas of the city, vehicles are parking onthe verge. Two areas are mentioned, Troode Street and Colin Place in West Perthand Wellington Street between Lord and Hill Streets, East Perth.

It is estimated that 80% of the city streets currently have restrictions banning theparking of vehicles on verges. The Council resolved at its meeting held on 8 April1997 to ban parking on verges in Troode Street and Colin Place, however, followingconcerns expressed by adjacent businesses, the changes were never implemented.


ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $ 334,379



AMOUNT SPENT TO DATE: $ 264,881PROPOSED COST: $ 4,000BALANCE: $ 65,498


COMMENTS:

The Perth Parking Management Act 1999 requires that all non-residential parkingwithin the PPMA be licensed, or appropriate action be taken to prevent parking fromoccurring in unlicensed areas. The DPI considers that verges are vacant land andthat as the City manage public roads, the City should ensure that vehicles do notpark on verges. If the City considers that parking should be permitted, then the baysshould be licensed and the appropriate fees paid.

Considerable damage is caused to grassed and paved verges when vehicles park onthem and the City currently receives many claims for damages for accidents causedby uneven footpaths or verges. The City is constantly repairing broken pavers anddepressions and public utility authorities also suffer damage to their service pits.

Although the Road Traffic Code prohibits the parking of vehicles on verges, it isdesirable that this be reinforced with signage. As the majority of city streets haveparking restrictions in one form or another, adequate signage can be achieved byadding the words ‘No Verge Parking’ at the bottom of any sign.

It is considered that although no verge parking restrictions may aggrieve somebusinesses, the City’s duty of care to provide a safe pedestrian environment mustprevail and vehicles should be banned from parking on the verges throughout themunicipality.


That the Council adopts the following policy for verge parking within theCity of Perth.

OBJECTIVES

To ensure that the damage caused to grassed and paved street verges isminimised and that verges provide a safe environment for pedestrians.

POLICY STATEMENT

That in accordance with the Road Traffic Code, the Council prohibits theparking of vehicles on street verges, at all times, within the City of Perth.






Against: Nil

424/02 SUTHERLAND STREET, TROODE STREET TO MITCHELLFREEWAY INTRODUCTION OF ALL DAY TICKET PARKING

BACKGROUND:

FILE REFERENCE: P1014479RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 6 June 2002MAP / SCHEDULE: Map - Sutherland Street - Parking Proposal

POLICY/LEGISLATION/STRATEGIC PLAN:PolicyPolicy Name and Number: SU-52 Parking Restrictions – KerbsideLegislation City of Perth Parking Local Law 1999 - Sec 3.6 Road Traffic Code – Sec 165 Perth Parking Management Regulations, Perth Parking Policy Sec - 8Strategic PlanKey Result Area: Urban Development and TransportObjective No:5 Objective: To ensure that the public transport

provision and routes adequately meet theneeds of the community and that the Cityhas adequate and appropriately locatedparking.

Strategy: Develop an integrated public transport andparking strategy.

DETAILS:

Construction works for the Graham Farmer Freeway included a new off-ramp toThomas Street at the intersection of Cambridge Street. This resulted in a portion ofSutherland Street between Troode Street and the Mitchell Freeway on-ramp beingisolated from Thomas Street and the main traffic flow.

This portion of Sutherland Street is four lanes wide and traffic data indicates that theeasterly flow is an average of 171 vehicles per day while the westerly count is 345vehicles per day. The road is currently controlled by No Standing restrictions.




ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $ 334,379AMOUNT SPENT TO DATE: $ 268,881PROPOSED COST: $ 4,000BALANCE: $ 61,498

ACCOUNT NO: CW 05940BUDGET ITEM: Ground Level EnhancementBUDGET PAGE NUMBER: 21BUDGETED AMOUNT: $ 170,950AMOUNT SPENT TO DATE: $ 43,273PROPOSED COST: $ 4,500BALANCE: $ 123,177


The Department for Planning and Infrastructure (DPI) annual levy for parking is $150per car bay. The installation of 50 bays equates to $7,500 per annum for the bays.

COMMENTS:

The traffic data indicates that the traffic would be easily served by one lane of trafficin each direction. An opportunity exists to create a significant number of on-streetbays in this portion of Sutherland Street. It is estimated that approximately 50 bayscould be established to provide all day ticket parking.

The Council is currently considering banning verge parking throughout the city. Thiswas prompted by concerns by DPl that the City was allowing verge parking, andspecifically in this area, which contravenes the Perth Parking Management Act 1999.The Act requires that all non-residential parking within the Perth ParkingManagement Area be licensed, or appropriate action be taken to prevent parkingfrom occurring in unlicensed areas. The Department considers that as the Citymanages public roads, the City should ensure that vehicles do not park on verges.

It was resolved at the Council meeting held on 8 April 1997 to ban parking on vergesin Troode Street and Colin Place, however following concerns expressed by adjacentbusinesses, the changes were never implemented. On 23 April 2002 the Budget andBusiness Opportunities Committee decided to support the provision $150,000 on the2002/2003 Capital Works Budget to upgrade Troode Street. This proposal will createsome additional parking and relieve the parking shortfall to some extent.

The installation of parallel parking in this portion of Sutherland Street will provide asignificant parking facility for the area and should overcome any on-street parkingshortfall.



It is considered that approval be granted to the establishment of all day ticket parkingin Sutherland Street between Troode Street and the Mitchell Freeway on-ramp.

Moved by Cr Tudori, seconded by Cr Scaffidi

That the Council approves All Day Ticket Parking in Sutherland Street,between Troode Street and the Mitchell Freeway on-ramp, operativeMonday to Friday, 8am to 5:30pm, and Saturday, 8.00am to 12.00 noon, inlieu of the No Stopping restrictions.




Against: Nil

425/02 WELLINGTON STREET BETWEEN PLAIN STREET ANDBARRACK STREET - PROPOSED REMOVAL OFCLEARWAY

BACKGROUND:

FILE REFERENCE: P1002507RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 10 June 2002MAP / SCHEDULE: Map - Wellington Street between Barrack and Plain Streets


PolicyPolicy Name and Number: SU- 52 Parking Restrictions - KerbsideLegislation City of Perth – Parking Local Law 1999Section: Part 2 – Stopping and Parking Generally






DETAILS:

A request to review the need for the clearway restriction in Wellington Street betweenPier and Barrack Street and another for the section between Plain and Bennett hasbeen received by the City. The submissioners who occupy premises on WellingtonStreet have indicated that they have observed a decrease in traffic volumes in thestreet in recent years. Reductions in traffic can be attributed to the greater use of theGraham Farmer Freeway to by-pass the City.

Traffic counts were undertaken in Wellington Street at various locations betweenBarrack and Plain Streets. The peak one hour flows recorded are detailed below.

Section Westbound Eastbound

Barrack Street to Pier Street 954 1010

Pier Street to Lord Street 816 710

Lord Street to Hill Street 1186 556

Hill Street to Bennett Street 743 685

Bennett Street to Plain Street 564 573

The traffic flows between Barrack and Hill Streets can be accommodated in twolanes between the intersections with three lanes at the intersections to accommodateturning movements.

The traffic flows between Hill and Plain Streets can be accommodated in one lanebetween the intersections with two lanes at the intersections for turning movements.


ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $1,980,900 ($334,379.04 this portion)AMOUNT SPENT TO DATE: ($321,865.24 this portion)PROPOSED COST: $1,000BALANCE: ($11,513.80this portion)

ANNUAL MAINTENANCE: nil




COMMENTS:

At present there are two traffic lanes and a parking lane on both sides of WellingtonStreet between Barrack and Lord Streets and one traffic lane and one parking lane inboth directions, east of Hill Street. There are no parking bays in the section betweenLord and Hill Streets, other than bus bays.

The kerbside parking lanes become traffic lanes during the morning and afternoonclearway times, which are 7.30am until 9.00am and 4.15pm until 6.00pm Monday toFriday.

The traffic study indicates that current traffic volumes can be accommodated withinexisting traffic lanes even during the peak periods. The traffic counts suggest thatthe clearway restriction in Wellington Street between Barrack and Plain Streets canbe removed without causing an inconvenience to motorists. The advantage would bethat the kerbside parking bays would available at all times. Both businesses andresidents along the street would benefit from the additional parking periods.

It is proposed that the removal of the clearway be trialed for a period of 6 months.This will enable the trial to cover the summer and shopping period before Christmas.This should provide an adequate period to assess the effects of the changes. Shouldthe trial cause significant inconvenience to motorists, a review could be undertakenafter 3 months.

Moved by Cr MacGill, seconded by Cr McEvoy

That the Council approves the trial:-

1. removal of the morning and afternoon Clearway restrictions inWellington Street, between Plain and Barrack Streets;

2. operative times for the kerbside parking in this section of WellingtonStreet, from 8.00am to 5.30pm Monday to Friday, with Saturdayremaining unchanged;

for a period of six months.



For: Crs Davidson, MacGill, Scaffidi, Sutherland, Stroud, Tan and Tudori

Against: The Lord Mayor and Cr McEvoy



426/02 WRITE-OFF OF UNRECOVERABLE DEBT

BACKGROUND:

FILE REFERENCE: P1001812-2RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 10 June 2002MAP / SCHEDULE: N/A

On 21 November 2000, the building at 403-405 Wellington Street, Perth partiallycollapsed onto Wellington Street causing the building to be issued with a “DangerousBuilding Notice” and the subsequent closure of the southern lanes of WellingtonStreet. The subject building was adjacent to a major building site (“Woolworths”development) and there is currently a dispute relating to the cause of, andresponsibility for, the collapse.


Legislation: Local Government Act 1995Section: 6.12 of the Local Government Act (1995) empowers the Council, byabsolute majority, to write off any amount of money which is owed to the Council.

DETAILS:

On 7 November 2000 the City, in conjunction with the owners of the subject site,agreed to engage Metro Lintels to prop the façade of the building to reduce thelikelihood of a further collapse and enable Wellington Street to reopen. The Cityagreed with the owners to initially pay $8,000 towards these costs as it wasparamount to get Wellington Street open as soon as possible and at the time therewas a dispute relating to which party was responsible for the costs. At no time didthe City get confirmation, verbally or in writing, from the owners that they would payfor these costs, although it was understood by the City’s officers dealing with thissituation that the total cost would be recoverable at a later date.

On 12 June 2001, an invoice for $34,939.38 was issued to the owners for all thecosts in relation to the building collapse. These costs included staff salaries andovertime for parking and traffic management, legal fees, consultancy fees, facadepropping costs and administration fees. This invoice was subsequently disputed bythe client who then asked that the City provide a breakdown of all the costs on theinvoice.

As the debt was not paid by the due date, Minter Ellison (Solicitors), on behalf of theCity, issued a demand notice dated 27 June 2001 to Mr and Mrs Dzienciol (theowners) to pay for all costs or the City may initiate legal action.

On 31 October 2001 the City explored the option of placing a caveat on the propertyto try and recover its costs. Minter Ellison’s advice was that it was not clear under



the Transfer of Land Act as to whether the City could lodge a caveat over theproperty so therefore they did not recommend this course of action.

On 4 January 2002, the City issued a further demand notice again requesting Mr andMrs Dzienciol to pay all costs or the City may take legal action. In addition, the Cityincluded a breakdown of all costs and wrote that it was willing to negotiate a reducedamount to settle the debt.

Phillip Dzienciol on behalf of his parents wrote to Minter Ellison on 18 January 2002claiming that at various meetings in November 2000, the City agreed to pay for thecost of shoring up the building and also agreed that it would not subsequently claimreimbursement of the costs from Mr Dzienciol.

Minter Ellison in their last correspondence dated 20 May 2002, advised that they donot consider that the City has any reasonable prospect of recovering its costs fromMr and Mrs Dzienciol or any other party.


ACCOUNT NO: 1BS-000-1591BUDGET ITEM: Not applicableBUDGET PAGE NUMBER: Not applicableBUDGETED AMOUNT: $1,325,565.00AMOUNT SPENT TO DATE: $24,160.21PROPOSED COST: $34,939.38BALANCE: $1,266,465.41


COMMENTS:

The City is not in a position to continue any recovery action and the debt against Mrand Mrs Dzienciol is now uncollectable. It is therefore recommended that theoutstanding amount of $34,939.38 be written off against the previously createdprovision for doubtful debt.

Moved by Cr Sutherland, seconded by Cr Tudori

That the Council APPROVES BY AN ABSOLUTE MAJORITY the write-offof the amount of $34,939.38, representing the unrecoverable debt forwork done at the site of the building collapse at 403-405 WellingtonStreet, Perth, being written off.

The motion was put and carried by an absolute majority





Against: Nil

427/02 TENDER NO 075-2001/2002 SUPPLY AND DELIVERY OFMULTI-FUNCTION LIGHTING POLES FOR MALLS ACTIONPLAN

BACKGROUND:

FILE REFERENCE: P1016844RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 24 May 2002MAP / SCHEDULE: Schedule - Tender Notice 075-01/02


At its meeting held on 12 March 2002 the Council resolved inter alia that it supportsthe following detailed decisions to advance Stage 1 works – Hay Street Mall:-

3.2 multi-functional poles are used along the Mall to co-locate various functionsand that commercially available products are investigated with a view tocustomising an ‘off the shelf’ product into a high quality ‘Perthpole’.


PolicyPolicy Name and Number: Public Places Enhancement StrategyStrategic Plan: Public Places Enhancement StrategyKey Result Area: EnvironmentObjective No: EN2 Objective: Plan, integrate and implement

sustainable development for Perth toensure its liveability.

Strategy: Public Places Enhancement Strategy.Objective No: EN3 Objective: Promote and support the excellent and

unique living environment of Perth.Strategy: Improve street lighting.

Key Result Area: Urban Development and TransportObjective No: U2 Objective: To make Perth an attractive location for

major businesses to establishthemselves.

Strategy: Align urban design with economicstrategies to attract new businesses toestablish in the City.Foster a vibrant City Centre forenjoyment, living and learning.



DETAILS:

Tender submissions for rates to supply multi function lighting poles and associatedelements for the Malls Upgrade Project were invited on 23 March 2002.

Rates were sought for the supply over four calendar years of 6m and 9m multifunctional lighting poles and associated optional elements.

Tenders closed on 16 April 2002.

Eight tenders were received:-

Tender Estimated Total Price

• Goldspar Australia Pty Ltd; $649,405.09• Mondo Luce (Aust) Pty Ltd– Option 1 $469,882.60• Mondo Luce (Aust) Pty Ltd – Option 2 $487,773.00• Mondo Luce (Aust) Pty Ltd – Option 3; $386,152.80• Rexell Lighting (Incomplete Pricing); $446,990.00• Planet Lighting (2 options on same price basis); $1,375,729.09• Barry Webb & Associates (Vic) Pty Ltd $802,703.64

(Incomplete as not all elements priced);• Streetscape Projects (Aust) Pty Ltd 1,159,849.09

These tenders were assessed against the following criteria:-

• compliance with contractual, specification and quality management criteria;- qualitative criteria;- estimated price for the first year;- estimated total price over four years.

Rexell Lighting was considered to be a non conforming tender as inadequate pricinginformation was provided.

The tender evaluation panel agreed on weighted scores for each tenderer’s responseto the selection criteria. Based on a consensus of scores the Mondo Luce (Aust) PtyLtd Option 2 tender was deemed to offer the best value for money.

A full technical review of the submission was completed along with an interview withrepresentatives of the organisation.

A pricing schedule for the Mondo Luce (Aust) Pty Ltd Option 2 is attached in theSchedule 1.


ACCOUNT NO: CW 04751BUDGET ITEM: Central City Malls



BUDGET PAGE NUMBER: 21BUDGETED AMOUNT: $2,487,000AMOUNT SPENT TO DATE: $242,209PROPOSED COST: $21,450 this Financial Year for design developmentBALANCE: $2,221,196

ANNUAL MAINTENANCE: N/A

The full cost of purchasing multi-functional poles over four years is estimated at$487,773.00 (exclusive of GST) against the current budget of $10m for the MallsAction Plan.

COMMENTS:

An important component of the tender was the ability to work with the successfultenderer to develop the design of the poles to achieve a unique Perth identity. AsMondo Luce (Aust) Pty Ltd is a local company it is considered an important factor inachieving a solution that is acceptable to the City of Perth.

(Cr MacGill disclosed an interest, took no part in discussion and did not voteon this item)

Member Nature of InterestCr MacGill Proximity

Cr MacGill departed the Chamber at 7.01pm

Moved by Cr Stroud, seconded by Cr McEvoy

That the Council:-

1. approves the rates included in the Tender from Monde Luce (Aust)Pty option 2 for the supply of multi-function lighting poles andassociated attachments;

2. notes that a prototype of the proposed ‘Perthpole’ will be fabricatedand reviewed as part of a demonstration area in Hay Street Mallwhich will include other street furniture and proposed paving;

3. approves expenditure related to purchase of multi-function polesfrom account Malls Action Plan No. CW.04751 over the duration ofthe project.



Motion to amend

Moved by Cr Scaffidi, seconded by Cr Tudori

That part 2 be amended by deletion of the words “which will includeother street furniture and proposed paving”.



For: The Lord Mayor, Crs McEvoy, Davidson, Scaffidi, Sutherland,Stroud, Tan and Tudori

Against: Nil



For: The Lord Mayor, Crs McEvoy, Davidson, Scaffidi, Sutherland,Stroud, Tan and Tudori

Against: Nil

Cr MacGill returned to the Chamber at 7.08pm

428/02 RIVER FORESHORE PARKLANDS WATER SUPPLY,TREATMENT AND IRRIGATION SYSTEM

BACKGROUND:

FILE REFERENCE: P1015171-6RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 24 May 2002MAP / SCHEDULE: Irrigation Tender Results – Tender No 069-0102

Irrigation Tender Results – Tender No 070-0102Irrigation Tender Results – Tender No 071-0102

The project objective has been to implement a fully automated water supply,treatment and distribution system, for maximum utilisation of available bore water toefficiently meet the watering needs of the City foreshore parklands, thereby reducingthe reliance upon mains water supply and outdated and labour intensive manualwatering methods.



Public tenders for the works were advertised on 16 March 2002. Tendersubmissions for Tender No’s 070-01/02, 071-01/02, 072-01/02 closed on 15 April2002. Tender submissions for Tender No 069-01/02 closed on 22 April 2002.

The scope of work for these tenders included:-

• water storage lakes and associated earthworks at Ozone Reserve includingwetland landscaping, pumping station, water treatment plant (design andconstruction) and infield irrigation (design & construction);

• supply mains from the Langley bore;

• distribution and transfer mains between the Ozone infrastructure and theEsplanade Reserve including supply mains to all major parklands within theforeshore domain;

• comprehensive master control and monitoring system (design and installation)located at Council House including satellite controllers for infield irrigation ofparks. The facility includes links to all infrastructure components and satellitecontrollers for programme operation monitoring and control;

• power supply infrastructure.

The tenders included prices for optional works that may be completed subject toavailability of funds. The optional work includes:-

• a boardwalk structure along and across part of the Ozone lake;

• infield irrigation and associated improvements or conversions for eight parks andreserves comprising Langley, Esplanade, Barrack Square, Supreme CourtGardens, No 1 Car Park, Queens Gardens, Goderich Street Reserve and the RodEvans Reserve;

• pump station and construction of storage/feature lakes at Esplanade Reserve;

• landscape development at the Esplanade Reserve.

Tenders were so structured to afford the City maximum value for money, and choicesfor the most suitable combination of specialist contractors to fulfil project objectives.

Successful tenderers for the specialist work packages comprising the WaterTreatment Plant, the Pump Supply and the Control System are to becomeNominated Subcontractors under one single Head Contract, thus providing anefficient and streamlined mechanism for the administration and management of theconstruction contract and implementation/commissioning phase.



The period for construction, implementation and commissioning is 40 weeks, basedon commencement in June 2002. The system is expected to be operational byMarch 2003.


LegislationLocal Government (Functions and General) Regulations 1996 – Part 4 – Tenders forGoods and Services.

Strategic PlanKey Result Area: The Natural EnvironmentObjective No: EN1 Objective: Protect and enhance Perth’s natural

environmentStrategy: Develop natural resource protection and

enhancement plans.Key Result Area: Urban Development and TransportObjective No: U1 Objective: To create a beautiful City that is both

livable and sustainable.Strategy: To develop a structured plan which clearly

sets out the Council’s intentions for thefuture development of the City.

Objective No: U4 Objective: Promote walking and cycling.Strategy: Improve the utility and attractiveness of

pedestrian thoroughfares.

The City Environment Plan 1999 - 2002 incorporates the following objectives ofrelevance to this project:

• Conservation and enhancement of the City’s natural heritage and ecology withinthe public domain by investigating the establishment of Greenways by vegetatingrailway and road reserves (Objective 7.5).

• Ensure effective and efficient use of water resources in the City by applying WaterSensitive Design in urban design and landscaping and by developing nutrientinput and irrigation management plans for parks and reserves (Objectives 11.1and 11.2).

DETAILS:

Tender Results and Selection Criteria

The conditions of tender required that all submissions be inclusive of GST, howeverfor reporting purposes below, GST has been excluded:-

Tender 069-01/02 – Civil Works Head Contract

There were a total of three tender submissions from the following organisations withthe lump sum tender being:



Works Infrastructure Pty Ltd $3,833,257.70Ertech Pty Ltd $4,125,569.90Doric Commercial Pty Ltd $4,469,974.50

These tenders included provisional sums amounting to $747,000 to account for thework packages tendered separately which would become Nominated Subcontracts.These amounts will be deducted from the contract concurrently with the award of thenominated subcontracts that are separately reported below.

The pricing of Optional Works in this package is shown separately in Schedule 2 –Irrigation Tender Results (069-01/02).

Other than the lump sum prices, tenderers were assessed based on responses tospecifically weighted selection criteria included in the documentation, being:-

• management and personnel;• appreciation and methodology;• familiarity with best practice;• co-operation;• relevant experience;• financial capacity;• quality assurance;• safety management.

The tender evaluation panel agreed on weighted scores for each tenderer’s responseto the selection criteria. Based on a consensus of scores the Works Infrastructuretender was deemed to be the highest scoring submission.

The Works Infrastructure tender is the lowest conforming tender and a full technicalreview of the submission was completed along with an interview with representativesof the organisation. The results of this assessment and subsequent clarificationssought pursuant to Regulation 18 (4a) of the Local Government Act, are notedbelow:-

1. In its tender, Works Infrastructure separately offered a 1.5% settlement discountfor early payment of progress claims within fourteen (14) days. If accepted andproperly managed this discount will provide a saving of approximately $57,500.

2. In its tender, Works Infrastructure separately offered a saving of $225,000 forspecification changes relating to the construction of the Ozone lake. Theappointed consulting engineer has assessed the technical impact of theproposal to be satisfactory.

3. In its tender, Works Infrastructure separately offered a saving of $70,000relating to raising of the finished level of the Ozone lake. Likewise, theappointed consulting engineer has assessed the technical impact of theproposal to be satisfactory.



4. It has been determined that GST was in fact not included in the WorksInfrastructure tender. The tenderer has acknowledged the error. With theinclusion of GST, the Works Infrastructure submission remains the lowestconforming tender by a margin of $321,543.

5. With its tender, Works Infrastructure submitted several technical, administrativeand programming qualifications all of which have since been withdrawn orsatisfactorily clarified without adversely impacting on the contract requirements.

Enquiries were conducted with three independent referees (including a consultingengineer, a client developer and a consulting project manager) who all providedfavourable reports on Works Infrastructure’s performance on similar projects.

Tender 070-01/02 – Water Treatment Plant

There were a total of five tender submissions from the following organisations withthe lump sum tender being:-

Waterex Pty Ltd $383,588.00Chatoyer Holdings Pty Ltd $452,565.00BLS Industries Pty Ltd $585,387.27 (Contractor trading as “Cobey Industries”)Hydro Engineering Pty Ltd $606,192.72Total Eden Watering Systems $674,080.00


Other than the lump sum prices, tenderers were also assessed based on responsesto specifically weighted selection criteria as outlined in the assessment of the CivilWorks Head Contract. The Chatoyer tender was deemed to be the highest scoringsubmission.

The Waterex tender was deemed to be non-conforming based on the following:-

• numerous qualifications that had significant impact on the final cost and deliveryrequirements;

• the proposal to subcontract considerable portions of the work (approximately 80%by value) to a number of separate contractors;

• the proposal to subcontract the operation and maintenance requirements for thefirst two years of operation.

The Chatoyer tender is the next lowest conforming tender and a full technical reviewof the submission was completed along with an interview with representatives of theorganisation. The results of this assessment and subsequent clarifications soughtpursuant to Regulation 18 (4a) of the Local Government Act, are noted below:-

1. Chatoyer is an organisation based in Sydney, New South Wales and proposesto engage a local agent as its representative to complete the sitework along



with co-ordination and administration of the contract. In its tender, Chatoyerhave allowed the supply all equipment, materials and technical support for thework from its NSW base, along with periodic inspections from its seniorpersonnel.

2. It has been determined that the Chatoyer tender includes an error with oneschedule item. The tenderer has acknowledged the error. The result is that anadditional amount of $38,863.64 will be required to complete the work. With theinclusion of this item, the Chatoyer submission remains the lowest conformingtender by a margin of $93,958.66.

3. With its tender, Chatoyer submitted several technical, administrative andprogramming qualifications all of which have since been withdrawn orsatisfactorily clarified without adversely impacting on the contract requirements.

Tender 071-01/02 – Pump Supply and Commissioning Package

There were a total of three tender submissions from the following organisations withthe lump sum tender being:-

Quinti & Co $171,273.00Total Eden Watering Systems $182,095.00Abonnel Pumpwork Engineering $185,561.00


Other than the lump sum prices, tenderers were also assessed based on responsesto specifically weighted selection criteria as previously outlined. Tthe Quinti & Cotender was deemed to be the highest scoring submission.

The Quinti tender is the lowest conforming tender and a full technical review of thesubmission was completed along with an interview with representatives of theorganisation. The results of this assessment and subsequent clarifications soughtpursuant to Regulation 18 (4a) of the Local Government Act, are noted below:-

1. With its tender, Quinti provided a separate option relating to the number ofpumps and modifications of equipment required at the Ozone installation. Theappointed consulting engineer has assessed the technical impact of theproposal to be satisfactory. The result is that a net saving of $4,600 isavailable.

2. A minor specification amendment will be required relating to an alternative valveand the additional cost of $2,065 has been confirmed.

3. With its tender, Quinti submitted several technical and administrativequalifications, all of which have since been withdrawn or satisfactorily clarifiedwithout adversely impacting on the contract requirements.



Tender 072-01/02 – System and Irrigation Control Package

The tender evaluation process remains to be concluded for this package and will besubject to a further report to the Council once assessment and recommendations arefinalised.

A provisional sum of $100,000 will be included in the Head Contract package tocover the works pending appointment of the nominated subcontractor.


ACCOUNT NO: CW.0205BUDGET ITEM: Recreation and Culture – Water Treatment

and Automatic Irrigation SystemsBUDGET PAGE NUMBER: 19BUDGETED AMOUNT: $3,837,837AMOUNT SPENT TO DATE: $55,238PROPOSED COST: $3,551,424

BALANCE: $231,175

ANNUAL MAINTENANCE: $18,500 (Operation and Maintenance)


COMMENTS:

The Works Infrastructure submission is considered to be the most suitable tender forthe civil works package.

It is proposed to accept the Works Infrastructure tender along with the saving offeredfor the Ozone lake construction, the saving offered for the raised level of the Ozonelake (subject to landscape and aesthetic review) and the early settlement discount of1.5%.

It is clear that Works Infrastructure has omitted the GST component as an honestmistake and the tender should not be rejected on that basis. With the inclusion ofGST, the Works Infrastructure submission remains the lowest conforming tender by amargin of $321,543.00 from the next lowest tender.

It is proposed that Works Infrastructure appoint Chatoyer Holdings Pty Ltd as thenominated subcontractor for the Water Treatment Plant, for the sum of $491,428.64accepting the adjustment of $38,863.64.

It is further proposed that Works Infrastructure appoint Quinti & Co as the nominatedsubcontractor for the Pump Supply and Commissioning Package, for the sum of$168,738.00 accepting the net saving/adjustment of $2,535.00.



With respect to the System and Irrigation Control Package it is proposed to include aProvisional Sum of $100,000 in the Works Infrastructure work package, pendingfinalisation of the tender evaluation process.

Summary of Contract Costs

This schedule excludes GST.

$ $ $Works Infrastructure 3,833,257.70Less provisional sums (747,000.00) 3,086,257.70

Less savings for Ozone (295,000.00) (295,000.00) 2,791,257.70

Chatoyer Holdings 452,565.00Add adjustment 38,863.64 491,428.64

Quinti & Co (Pumps) 171,273.00Less adjustments (2,535.00) 168,738.00

Control System (PS) 100,000.00 100,000.00

Total: 3,551,424.34


That the Council approves:-

1. a contract being awarded to Works Infrastructure Pty Ltd for$3,551,424.34 being $3,846,424.30 less identified savings of$295,000, for the Civil Works Head Contract package (Tender No 069– 01/02) which includes the following sums:-

1.1 a nominated subcontract to Chatoyer Holdings Pty Ltd for theWater Treatment Plant (Tender No 070 – 01/02) for $491,428.64;

1.2 a nominated subcontract to Quinti & Co for the Pump Supplyand Commissioning Package (Tender No 071 – 01/02) for$168,738.00;

1.3 a Provisional Sum of $100,000 for the System and IrrigationControl Package (Tender No 072 – 01/02);

2. the expenditure in part 1 above being charged to BudgetExpenditure Item “Water Treatment and Automatic IrrigationSystem”.






Against: Nil

429/02 EVENT SPONSORSHIP - IN UNISON

BACKGROUND:

FILE REFERENCE: P1003317RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 7 May 2002MAP / SCHEDULE: N/A

At the House/Sponsorship and Donations Committee meeting held on 21 May 2002,it was resolved:-

That the Council declines the sponsorship request for $25,000 cash for the ‘namingrights’ and event promotion for In Unison.

This item was deferred to the next meeting of the House/Sponsorship andDonations Committee by the Council at its meeting held on 23 May 2002.

At the House/Sponsorship and Donations Committee meeting held on 18 June 2002,it was resolved:-

That the Council approves sponsorship for $5,000 cash donation.

In accordance with Regulation 11(da) of the Local Government (Administration)Amendment Regulations 1999, the reason for the decision made beingsignificantly different to that recommended, is that the Committee is concernedthat the sponsorship criteria related to free events being available to thegeneral public is not satisfied.


PolicyPolicy Name and Number: SU43 – Provision of Sponsorships and Donations.Strategic PlanKey Result Area: EconomyObjective No:1 Objective: A financially healthy city

Strategy: Ensure the long-term viability of thebusiness centre of Perth by promoting



and facilitating business opportunitieswithin the City.

DETAILS:

The West Australian-German Business Association Inc. has approached the City ofPerth for naming rights sponsorship of “In Unison – Germany & Western Australia –A TechniCultural Experience”.

“In Unison” is an industry-based, cultural and community festival which celebrates therelationship between Germany and Western Australia.

The festival is scheduled for 20 to 29 September 2002.

“In Unison” features a detailed programme that contains both business and culturalelements.

Following consideration by Sponsorship and Donations Committee on 16 April 2002,the West Australian-German Business Association Inc. was asked to re-considertheir request for sponsorship and include further aspects to meet the EventSponsorship criteria.

The Association was requested to consider and provide further details specifically on:

• Free events available to the general public, in public and commercial venues –previously no free events had been offered to the general public. All events werelisted as ticketed events at commercial venues.

• Details regarding the Association and the funding of the In Unison events.

• A breakdown of the five year commitment, to allow the City to give considerationto a one year commitment.

The application has been re-assessed under the Sponsorship Policy Criteria forCorporate Sponsorship. The objective of Corporate Sponsorship to exploitopportunities to enhance the corporate image of the City of Perth and generategoodwill with the public.

The objective of Event Sponsorship is to financially assist organisations to stage andpresent free or low cost, city based activities in public places.

Assessment of Application:

To be eligible for Corporate Sponsorship:

The range of activities which may be considered for corporate sponsorshipinclude:



a) awards, presentations, acknowledgement for excellence in relevantprofessional fields;

b) support for activities which award endeavour in community service;

c) events and activities held outside the City of Perth which will increaseawareness of, and goodwill for, the City of Perth;

d) support for promotional material (such as publications and films) whichpositively position the City of Perth;

e) support for the activities of organisations or individuals that provide positivepositioning for the City of Perth.

“In Unison” festival is in Category (e) “support for the activities of organisations orindividuals which provide positive positioning for the City of Perth”.

The festival positions the City of Perth as the regional centre for Western Australiaboth within the local community and with international visitors.

• The festival may increase visitation to the City of Perth’s commercial venues.• The festival aims to increase the economic investment by German-Australian

business partnerships, in WA and Germany, and may have a direct or flow oneffect on the City’s future economy.

The applicant must identify the markets / publics who will be exposed to thesponsorship information.

The markets exposed to the festival will be primarily:

• private business people conducting (or proposing to conduct) business betweenGermany and Western Australia;

• government representatives involved in developing business relationshipsbetween Western Australia and Germany;

• private individuals with an interest in German culture;• students with and interest in German culture;• generally, higher net worth individuals who will purchase tickets to German-

influenced culturally activities and the trade seminar.

The festival takes place within the following private and commercial venues aroundthe City of Perth. These venues have been booked and confirmed:

• His Majesty’s Theatre – stage performance of Carmina Burana (ticketed).• Downstairs at the Maj – entertainment (ticketed).• The Moon & Sixpence – entertainment (ticketed).• Miss Maud’s Swedish Hotel – accommodation for performers.



• Hyatt Regency Perth – trade conference/events and accommodation for businessleaders.

The applicant must detail how they will promote the support of the City of Perthto the markets / publics.

The festival organisers have indicated that for the naming rights sponsorship allpromotional material and opportunities will cite the City of Perth, including:

• A4 full colour advertisement for 6 issues in The German Connection (circulationof 5,000, primarily in WA).

• Prominent position of crest in all advertisements and articles in The WestAustralian.

• Full colour advertisement in the event programme.• Editorial in the event programme.• City of Perth Crest on all printed promotional material.• Opportunity for the Lord Mayor (or nominated representative) to join the Premier

of Western Australia to make a presentation or open the festival.

Dates and amounts of any previous sponsorship of the applicant.

There has not been any previous applications have been received from theorganisers.

Cost of current sponsorship application.

The total funding the organisers have budgeted for “In Unison” is $495,000. Thefestival organisers have requested cash sponsorship from the City of Perth of$25,000 to benefit from the ‘naming rights’ of the festival: “City of Perth – In Unison”.

Other funding for the event has been summarised as:

Sponsor Category Company Value/StatusMain Sponsor Nicol-Burmeister Group ConfirmedFestival Name Sponsor“City of Perth In UnisonFestival”

City of Perth $25,000 - pending

Name Sponsor – event Siemens Pty Ltd ConfirmedSupport Grants ARTSWA

Lotteries CommissionHealthwayGerman GovernmentHanda Foundation

$25,000 (verbal confirm)$15,000 – application$15,000 – application$30,000 – application$45,000 - application

Name Sponsor - Gala Dinner Krupp Engineering ConfirmedName Sponsor – Trade Show Schenker Pty Ltd ConfirmedName Sponsor – Trade Forum Dept of Industry and

TechnologyVerbal Agreement



Sponsor Category Company Value/StatusName Sponsor – Dinner Daimler Chrysler Verbal AgreementSupport Sponsors 38 companies In negotiation

A lesser value of funding from the City would place it in the ‘Support Sponsors’category with limited direct promotional benefits. Individual event sponsorships werenot offered to the City and were taken up by private enterprise and WA Departmentof Industry & Technology prior to the City receiving a request.

As at 10 April 2002, the following actual funding was estimated:

Confirmed (in progress) Sponsorship Income $235,500In-kind $87,000Ticket Sales (expected) $144,000Total $466,500- outstanding required $29,500

Assessment of value of naming rights sponsorship application.

The value of the festival as estimated by the organisers is $495,000. The return oninvestment is difficult to estimate. The extent to which the name “City of Perth – inUnison festival” will be used in festival and individual event publicity is unknown.Current media experience is that there is reluctance to include ‘naming’ sponsors inmedia stories, when the event itself carries a stand-alone name.

It is noted that in economic terms, the contribution of the German-Australian businessassociation to Australia is as follows:

Value of Imports Value of ExportsAustralia* $6172m $1492mWestern Australia (derived) $617m $149m

*Figures provided by Department of Commerce and Trade.

Identification of opportunities to add value to the sponsorship.

The City may take up the opportunity to set up a display highlighting its desirability asboth a location for establishing business and a destination for the tourist dollar.


The financial implications will be reflected in the Year 2002-03 Budget.

COMMENTS:

The West Australian-German Business Association Inc is an audited entity. Itspurpose is to increase awareness for business in Western Australia and to attractinvestment into Western Australia. It provides opportunities for networking andsupports cultural ties with Germany.



Sponsorship of $25,000 from the City of Perth has been requested for this year only.The Association hopes that the festival will be staged annually and that the City ofPerth will be given naming rights in future years by maintaining its sponsorship.

The WA Government has supported In Unison on the basis that it is a “communityevent”, not an “ethnic festival”.

The City’s funds have been earmarked by the festival organisers to support theadvertising primarily of the ticketed events, via newspaper, radio, and television. Theorganisers also wish to use the funds to cover the costs of production and installationof banners in city sites, however these are currently fully booked.

While the festival meets several of the City of Perth event sponsorship criteria it isessentially a commercial conference and trade fair, with entertainment, that hasalready been booked into commercial venues and provides only a few opportunitiesfor the public to participate in non-ticketed events. That is the Trade show exhibit atthe Hyatt and dress rehearsal for pensioners at His Majesty’s Theatre.

The festival meets the Corporate Sponsorship Criteria as a positioning exercise thatmay have long term benefits for the City’s economy.

The City may offer a reduced sponsorship to the organisers, meaning the City wouldforfeit the naming rights of the festival and take up a role of one of 38 SupportSponsors.

It was therefore recommended to the House/Sponsorship and Donations Committeemeeting held on 21 May 2002:-


1. the sponsorship request for $25,000 cash for the ‘naming rights’ andevent promotion for In Unison;

2. in principle, a sponsorship amount of $25,000 (exclusive of GST) perannum be listed in the 2003 and 2004 sponsorship budget;

3. the organiser be required to provide the following sponsorship benefits tothe City of Perth;

3.1 A4 full colour advertisement for 6 issues in The GermanConnection (circulation of 5,000, primarily in WA);

3.2 prominent position of crest in all advertisements and articles inThe West Australian;

3.3 full colour advertisement in the event programme;

3.4 editorial in the event programme;



3.5 the City of Perth Crest on all printed promotional material;

3.6 opportunity for the Lord Mayor (or nominated representative) tojoin the Premier of Western Australia to make a presentation oropen the festival.


That the Council approves sponsorship for $5,000 cash donation for InUnison.

Motion to defer

Moved by Cr MacGill, seconded by Cr Davidson

That the item relating to Event Sponsorship – In Unison, be deferred.

The motion to defer was put and lost


For: Crs Davidson, MacGill and Tudori

Against: The Lord Mayor, Crs McEvoy, Scaffidi, Stroud, Sutherland and Tan

Motion to put the motion

Moved by Cr Davidson, seconded by Cr MacGill

That the motion be put.

The motion that the motion be put was put and carried


For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Tan and Tudori

Against: Cr Stroud

The original motion was put and lost




For: The Lord Mayor, Crs McEvoy, Davidson and Stroud

Against: Crs MacGill, Scaffidi, Sutherland, Tan and Tudori

430/02 KANGAROO COLONY - HEIRISSON ISLAND

BACKGROUND:

FILE REFERENCE: P1014464RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 7 June 2002MAP / SCHEDULE: N/A

Elected Members requested a report considering ceasing the services of the wild lifeofficer. This report provides options for reducing the cost of managing the project.

The kangaroo colony on Heirisson Island was established in 1998. Seven westerngrey kangaroos form the colony.

The City of Perth is required under the Wildlife Conservation Act (1950) to hold alicence to keep native fauna. The licence is held in the name of the City of Perthofficer who has day to day responsibility for managing the project. The licence isvalid until June 2002 and a further 12 month extension has been requested.

In negotiating the licence, the City developed a comprehensive risk managementplan.

This plan required the City to demonstrate that adequate provision had been madefor daily supervision, maintenance and general care of the kangaroos. Provision forveterinary services was also required.

The risks identified in the plan were:

! Escape from the island by the kangaroos.! Sickness or injury.! Failure of the water supply.! Contamination of the borewater supply.! Security breaches.

Daily visits by a person qualified and experienced in native wild life care were agreedas part of the risk management plan.



The wild life officer’s responsibilities are:-

1. Ensure sufficient feed and water is made available.

2. Ensure sufficient stock of feed is stored and readily available.

3. Ensure the protection of the kangaroos from potential predators (eg dogs).

4. Monitor, attend to and report breaches of security.

5. Coordinate with the City of Perth for any repairs and maintenance of sitefacilities

6. Check and monitor the health of the kangaroos and arrange for appropriateveterinary care as the need arises.

7. Assist with co-ordination of visitor services and establishment of anyimprovements on the site.

8. Assist with implementation of contingency plans for recapture of kangaroos inthe event of escape and for any other risk event that may occur.

9. Assist with the coordination of visitor tours of the kangaroo colony.

The wild life officer is required to provide weekly inspection reports. .His serviceswere obtained by way of tender. His contract expires on 30th June 2002.

CALM was approached earlier this year to see what relaxation of these provisionsthe department would accept. CALM is prepared to accept a reduction in the level ofservice by the wild life officer (to say 3-4 days per week) provided security officersundertake inspections on the days that the wild life officer does not.

City of Perth security officers visit Heirisson Island daily keeping an eye out for avariety of problems such as dogs, people fishing illegally, vehicles as well as trying tolocate the kangaroos and check the fences.


PolicyPolicy Name and Number:LegislationSection: Wildlife Conservation Act (1950)

Strategic PlanKey Result Area: EnvironmentObjective No: EN1 Objective: Protect and enhance Perth’s natural

environment



DETAILS:

A number of options are described below.

1. Cease all wild life officer visits.

This would be unacceptable to CALM. Negative publicity could occur if akangaroo becomes ill or is hurt and there is a delay in its being treated.

2. Replace some wild life officer visits with security officer visits.

This would reduce costs and is acceptable to CALM. There may some minordelays in having a sick or injured kangaroo treated.

3. Maintain current schedule of visits by wild life officer.

Costs would remain at current levels and Elected Members have indicated thatthis is unacceptable.

4. Determine whether a suitable volunteer organisation could play an appropriateand acceptable role in ensuring adequate monitoring of the health and safety ofthe kangaroos.

One volunteer based fauna organisation has informally approached the City todiscuss whether or not they could play a role in caring for the kangaroo colony.What payment, if any, they would require is not known at this point. They havebeen invited to submit a proposal.

5. Advise CALM that the City no longer wishes to maintain a kangaroo colony onthe island.

Significant sums of money would be lost.


ACCOUNT NO: 134-229BUDGET ITEM: Heirisson IslandBUDGET PAGE NUMBER: 11BUDGETED AMOUNT: $65,764AMOUNT SPENT TO DATE: $43,212PROPOSED COST:BALANCE: $22 552


The principal cost of the project is the cost of the wild life officer ($33,600 perannum). Veterinary service costs are only paid if required. Feed costs are minimal.The nightly security patrols ($4,400 per annum) could be dispensed with since there



have been no reports of untoward behaviour or other problems causing distress orharm to the kangaroos.

The following outlines the financial implications of changing the service level.

Revised Service Current ServiceWild life officer $15,000 (3 days per week) $33,650 (7 days per week)Security service $6,000 (4 days per week) $4,400 (7 nights per week)Feed $550 $550Fence maintenance $500 $500Total $22,050 $39,100

Cost savings of $17 050 can be achieved by replacing four daily wild life officer visitswith four security officer visits.

COMMENTS:

Ceasing the daily visits of the wild life officer could constitute a breach of the licenceand could lead to the licence holder being prosecuted. The City could receivenegative publicity.

Cost savings can be achieved, however, by replacing some daily wild life officer visitswith security officer visits but there may be some impact on the capacity to identifyand treat an injured or sick animal quickly. This will need to be monitored if thisoption is favoured. There will need to be a planned transition so that the kangarooscan become familiar and trusting of the security officers.

A volunteer based fauna organisation could also play a useful role in monitoring andcaring for the kangaroo colony but without details, it is impossible to assess thepracticality and potential costs.


That the services of the Wild Life Officer for the Heirisson Islandkangaroo colony be discontinued as of 30 June 2002.




Against: Nil



431/02 ENTERPRISE BARGAINING AGREEMENT (EB2) - OUTSIDEWORKFORCE

BACKGROUND:

FILE REFERENCE: P1014459-6RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 7 June 2002MAP / SCHEDULE: Schedules - Enterprise Bargaining Agreement (EB2)

- Wage Rate Comparisons

A two year Enterprise Bargaining Agreement covering the whole of the outsideworkforce was negotiated and signed off in September 1999. Quantifiableperformance improvements have occurred and continue to deliver benefits to the Cityand the community.

A second Enterprise Bargaining Agreement has been negotiated and is submitted asSchedule 3 for consideration.

A verbal briefing on the main points of the new agreement including labour costimpacts was provided to the Elected Members on 21 May 2002.

It is beneficial for both employer and employees to have in place a workplaceagreement. The first agreement took some 18 months to negotiate with discussionsthis round taking eight months. A process of negotiation and bargaining provides anopportunity for employees to contribute to the future wellbeing of the City, primarily inthe service delivery area, and to attract wages and conditions commensurate withother local government authorities.


Strategic PlanKey Result Area: Service QualityObjective No: SQ5 Objective: People – Encourage and enable the

organisation’s staff to make a personallysatisfying contribution to theorganisation’s goals.

Strategy: Establish and ensure effective formaland informal corporate communicationand participation strategies.

An Enterprise Bargaining Agreement is a legal document which takes precedenceover the relevant Industrial Award to the extent that it is inconsistent. ThisAgreement will be registered with the WA Industrial Relations Commission and theAustralian Industrial Relations Commission in accordance with the IndustrialRelations Act (WA) and the Workplace Relations Act.



DETAILS:

Enterprise Bargaining Agreement 1 provided considerable benefits to the City as theemployer and the community it represents. The number of permanent positionswithin the outside workforce has been held stable for the past two years and willcontinue to be held at the same level for the next three years. Meantime, the outsideworkforce has taken on and absorbed, with existing resources, more formal greenspace, new capital projects, and increased levels of service as the public’sexpectations have risen.

In comparison to nearby and adjoining municipalities the City of Perth wage rates arelow. In order to retain quality people and maintain quality service it is imperative forthe City to pay competitive wages and provide attractive conditions. A comparison ofexisting wage rates of neighbouring councils is shown in Schedule 4.

In the main, EB2 is a market catch up in terms of wages paid however there are alsoa number of new initiatives and a consolidation of existing practices which continueto derive benefits.

Conditions and flexibility of work which continue to provide benefits to both the Cityand its employees are:

• the workforce continues to develop multiple skills which enhance productivity andimproved customer service through response times;

• Rostered Days Off (RDOs) are banked and taken in non-peak (seasonal) times;

• employees have accepted rotation and flexibility of start times to expandcustomer service availability.

• greater flexibility built into leave conditions including maternity, service in themilitary forces and personal leave;

• EB2 will see the introduction of an Employee Performance Management System;

• Local Area Work Agreements are being embraced which will provide furtherflexibility and productivity gains;

• it is proposed that the existing uniform be changed to present employees as Cityambassadors as well as workers;

• employees and contractors are working side by side where contractors areengaged for peak seasonal workloads or temporary leave backfill;

• employees are embracing new technology as it is introduced and showingwillingness to learn;

• the work environment has changed with employees absorbing tasks such asneedle collection and disposal, mess as a result of itinerant activities and aworkplace which has a higher level of potential conflict and personal danger;



Proposed Wage Offer

To gain an indication from the outside workforce as to whether the following wageoffer may be acceptable, an indicative vote has been taken on the without prejudiceoffer. There is tacit agreement.

The proposed wage offer is as follows:

• Year 1 – four percent on signing• Year 2 – additional four percent plus safety net for 2003• Year 3 – additional four percent plus safety net for 2004• The safety net payment is to be capped at a maximum of $15 for years 2 and 3• An ex gratia payment of $300 gross per employee be offered to move from the

existing weekly pay system to fortnightly• A back-pay component effective as of 16 February 2002.

The offer of a financial incentive to move from weekly to fortnightly pays is offset bythe cost savings in operating and maintaining the pay system. It is estimated that theone off cost will be recovered within the life of the agreement and then will continueto generate benefits to the City thereafter.

To arrive at the tentative wage offer, a great deal of comparison and benchmarkingresearch has been undertaken. As can be seen in Schedule 4 City of Perth wagerates are significantly less than neighbouring municipalities, and those of comparablesize. Given that Perth is the capital city, the type of work undertaken is quite differentin many instances and often requires higher order skills and understanding.

As reported in The West Australian last month, Perth has been judged in aninternational survey as the cleanest city in Australia and tenth in the world. This isnot the first time that the city has been nationally and internationally recognised asclean and green. This result comes with the recognition by the Council of theimportance of these core activities and from the workforce that takes pride indelivering those services.


Based on the outside workforce of 111 full time employees the implications of thewage offer are additional labour costs of:

2001/2002 $45,000

2002/2003 $235,095

2003/2004 $449,614

2004/2005 $639,489



These figures have assumed a capped safety net payment of $15 for years two andthree. The dollar sums are also held constant against CPI increases likely to be inthe order of three percent per year.

In preparing the operating budgets for 2002/2003 for the Council’s consideration,labour costs have assumed a 9.4 percent rise which is commensurate with thetentative wage offer.

COMMENTS:

The achievement of an Enterprise Bargaining Agreement across the whole of theoutside workforce in 1999 and the opportunity to continue the arrangement throughnegotiation in 2002 ensures a stable, highly skilled, customer oriented resource todeliver the city’s services.

Regular benchmarking of unit costs and high community satisfaction confirm that thecity has an efficient workforce and one which adopts an ambassador as well as aworker role.

Existing wage levels are low compared to other nearby local government authorities.To maintain wage parity, and as a consequence skilled people, the increase asproposed is necessary.

Should the Council adopt the recommendation to this report the draft document willbe submitted to the workforce and respondent unions for agreement following whichit will be submitted to the Industrial Relations Commission for certification.

Moved by Cr McEvoy, seconded by Cr Davidson

That the Council enters into the Enterprise Bargaining Agreement(attached as Schedule 3) with the employees of the Outside Workforcefor a period of three years effective from the date of certification by therelevant Federal and State Industrial Relations Commissions.




Against: Nil



432/02 GRAFFITI TREATMENT

BACKGROUND:

FILE REFERENCE: P1009039-2RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 10 June 2002MAP / SCHEDULE: Schedule - Draft Graffiti Treatment Policy

Schedule - Draft Graffiti Treatment ProcedureSchedule - Colour Plates of current vehicle

At the Briefing Session held on 4 June 2002 a report on extending the City’s graffititreatment service to private and government buildings was requested at the initiationof Councillor McEvoy. The concern of Elected Members is the prevalence ofoffending graffiti on buildings in addition to those owned or managed by the City.

The City of Perth will spend approximately $60,000 in the 2001/02 financial year ongraffiti removal.

There are a number of possible actions for minimising graffiti impact, for exampleinstalling more street lighting in areas targeted by taggers. In addition, sculptures,statues, public art and other property throughout the city have been treated withspecial coatings of anti-graffiti paint where such treatments have been appropriate.

To date, with one or two exceptions the City has not offered a graffiti removal serviceto other government or private property owners. Graffiti is removed from the OldTreasury building because of its sensitive location and not being occupied.

A hotline exists which offers assistance by way of information to private owners as towhere surface treatments, removal experts and painting services can be accessed.

A State Government sponsored graffiti removal team operated until late 2001however that has now been disbanded. That team previously offered a service toprivate owners as well as to government authorities. Private property owners wererequired to sign waivers against damage which might have occurred as a result of atreatment procedure.

Private property owners have also been encouraged to increase lighting in privatelaneways.

The City operates a one-person team equipped with removal chemicals and highpressure water and air applicator. When not engaged on graffiti removal the operatorcleans other Council owned facilities.




PolicyPolicy Name and Number: SU46: Graffiti Removal – Assistance to RatepayersLegislationSection:

Strategic PlanKey Result Area: EnvironmentObjective No: EN2.7 Objective: Built Environment

Strategy: Develop and implement a tacticalresponse plan to vandalism anddefacing of private property

DETAILS:

A draft graffiti treatment policy is attached as Schedule 5, which encapsulates thenew service to be offered to private building owners/managers. It is generally self-explanatory. A draft graffiti treatment procedure is attached as Schedule 6.

It is necessary to determine some boundaries to the service so that staff are clear asto the operational expectations and the users of the service have an equalunderstanding. To this end the definition of graffiti treatment is important as it is notonly removal but may also include painting out or covering by some other technique.The second area of definition is the location of the graffiti. The test to be applied isthat the offending material is “visible from the street". It is assumed that this is themain concern of Elected Members rather than graffiti inside buildings and alcoveswhich do not represent an offence to the general public. Graffiti is defined asoffending material other than glass and natural stone surface scratching.

In extending the service to the private sector an increased risk exposure to theCouncil becomes evident, namely permanent damage as a result of treatment tofacades and exposed surfaces. The variety of graffiti materials, for example textacolour or paint, combined with the variety of building materials, sandstone, brick,concrete, exposed aggregate, means that the task of effectively removing offendingmaterial requires specialist knowledge and skills, albeit permanent damage couldresult. It is therefore imperative that the building owner/manager signs a waiver,particularly in high risk situations. The City of Stirling and the now defunct StateGovernment programme both required waivers to be signed.

To expand the graffiti service to the general public and those who might be affected,it is proposed to revamp the existing vehicle and staff resources to generate agreater prominence. Schedule 7 shows the existing Operations unit.

Procedures are in place with the WA Police Service to report, record and actiongraffiti offences. Included on the reporting form (Graffiti Offence Report Form, WAPS– MO5) are details of location, tag or general description and the implement used(paint, scratch, etc). Photographs are taken by the unit operator, Council Securitystaff or police officers and the information sent to the Crime Prevention Unit.



Investigations have been pursued as to the introduction of a DevelopmentApplication standard condition which requires developers to provide exterior walls ofbuildings and structures with anti-graffiti treatments. Advice is that an appropriatecondition can be incorporated within Development Application conditions.

Providing incentives to people to “dob-in” graffiti offenders needs legal and politicalconsideration. It is an initiative on which further advice is being obtained from policeand legal advisers.


An allowance of $60,000 has been made for graffiti operations in the 2002/2003budget bid. This is the same amount as last year. This funding will operate the unitfor the next 12 months albeit the actual demands relating to the extended service areunknown at this time.

A review of the plant replacement programme for 2002/2003 has been undertaken toascertain if it accommodate the purchase of the new vehicle. Additional capital fundsof $26,000 in addition to the trade-in of the existing vehicle will be required. Anadjustment will be made to the 2002/2003 budget to accommodate the purchase ofthe additional vehicle. Funds already approved for improving Northbridge will beused to make this adjustment.

The possibility of sponsorship will be sought. The cost of the paint is only a verysmall fraction of the overall service cost so even if sponsorship is successful it will nothave a great impact on costs.

COMMENTS:

Extending the graffiti treatment service across the city will reduce the existence ofoffending material at street level and enhance city presentation.

It is necessary to closely define the service and to closely manage risk associatedwith permanent damage to building services.

It was therefore recommended that the Council:-

1. approves the existing City graffiti treatment service be extended to includeprivate and government owned buildings;

2. approves the adoption of the draft Policy – “Graffiti Treatment”;

3. endorses the reporting of graffiti incidents to the WA Police Service beendorsed;

4. recommends a standard condition be considered for incorporation into futureDevelopment Application conditions addressing anti-graffiti preventionmeasures;



5. approves the purchase of a dedicated van at an estimated changeover cost of$26,000 with funding provided from the 2002/2003 Capital Plant Purchaseprogramme


That the Council:-

1. approves the existing City graffiti treatment servicebe extended to include private and government ownedbuildings;

2. approves the adoption of the draft Policy – “ GraffitiTreatment” ;

3. approves a pilot study for six months be approved,whereby the graffiti service is provided at no cost;

4. endorses the reporting of graffiti incidents to the WAPolice Service;

5. recommends a standard condition be considered forincorporation into future Development Applicationconditions addressing anti-graffiti preventionmeasures;

6. approves the purchase of a dedicated van at anestimated changeover cost of $26,000 with fundingprovided from the 2002/2003 Capital Plant Purchaseprogramme;

7. approves the development of a procedure which offers areward of up to $1,000 for information provided to theCouncil or Police which leads to the conviction of aperson or persons who apply graffiti to any buildingor structure within the City of Perth.

Motion to amend

Moved by Cr Scaffidi, seconded by Cr Tudori

That parts 3 and 7 be deleted until better alternatives for these areexamined.

The amendment was put and lost


For: Crs Davidson, Scaffidi, Tan and Tudori



Against: The Lord Mayor, Crs Sutherland, McEvoy, Stroud and MacGill




Against: Nil

433/02 8TH AUSTRALIAN PARKING CONVENTION - ADELAIDE2002

BACKGROUND:

FILE REFERENCE: P1001545RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 10 June 2002MAP / SCHEDULE: Schedule – Policy CS30 – Elected Members – Conference

Attendance and ExpensesSchedule – 8th Australian Parking Convention Program andRegistration

The 8th Australian Parking Convention will be conducted in Adelaide from 4-6 August2002.

The Australian Parking Convention and Exhibition is organised under the auspices ofthe Parking Association of Australia. The association, a non-profit organisation, wascreated in 1987 as an organisation to promote excellence and professionalism in thecontrol and management of car parking facilities.

Given the importance of the car parking business to the City and the need tomaintain relevant and modern facilities, a staff member from the Off-street Parkingunit will be attending.

It would be valuable to have a greater understanding, particularly of the technologicaladvancements in parking at the Council table and attendance by an Elected Memberwould be very beneficial.


PolicyPolicy Name and Number: CS30: Elected Members – Conference Attendance



and Expenses

Strategic PlanKey Result Area: LeadershipObjective No: L1 Objective: To give the City clarity of direction

DETAILS:

The three day convention has a range of knowledgeable and experienced speakers(a copy of the programme is an attachment to the report as Schedule 9). Topics arerelevant and applicable to day by day operational and longer term businessdevelopment aspects.

Policy CS30: Elected Members – Conference Attendance and Expenses, relates tothe nature and extent of the Council’s representation by Elected Members atinternational/interstate conferences, study tours, seminars or conventions and thetravel and accommodation expenses payable, attached as Schedule 8.

The Council (by an Absolute Majority) is authorised to approve the attendance ofElected Members at conferences which form part of the training and professionaldevelopment of Elected Members.


ACCOUNT NO: 10460000BUDGET ITEM: Councillors OfficeBUDGET PAGE NUMBER: 8BUDGETED AMOUNT: $381,216AMOUNT SPENT TO DATE: $290,040PROPOSED COST: $2,350BALANCE: $88,826


The full cost of attending the three day conference including airfares, registration andaccommodation is approximately $2,350 per person.

COMMENTS:

Investment decisions made by the City in car parking development amounts to manymillions of dollars per annum. Parking is second only to rates in terms of income tothe City and provides $22 million annually.

The application of new technology is an effective way of enhancing existing and newbusiness opportunities. As industry becomes more competitive, and for the City tomaintain a significant income stream through maintenance or growth in market share,then it is essential that decisions are based on comprehensive information andunderstanding.



Given the importance of the parking business to the City it would be beneficial tohave an Elected Member attend the conference.

(Cr Sutherland disclosed an interest, took no part in discussion and did notvote on this item)

Member Nature of InterestCr Sutherland Financial

Cr Sutherland departed the Chamber at 8.05pm

Moved by Cr Tudori, seconded by Cr McEvoy

That the Council:

1. APPROVES BY AN ABSOLUTE MAJORITY the attendance ofCouncillor Michael Sutherland at the 8th Australian ParkingConvention to be held in Adelaide in August 2002 at a cost of$2,350;

2. notes that the expenditure in part 1 above be charged to BudgetItem “Councillors Office”.

Motion to amend


That part 3 be added to read as follows:

“3. keeps a register of all conferences attended by Elected Members.”



For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi, Stroud,Tan and Tudori

Against: Nil

The amended motion was put and carried by an absolute majority




For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi, Stroud,Tan and Tudori

Against: Nil

Cr Sutherland returned to the Chamber at 8.10pm

434/02 EXPRESSION OF INTEREST - BUILDING MAINTENANCEPANEL - EOI NUMBER: 078-01/02

BACKGROUND:

FILE REFERENCE: P1016856TENDER NUMBER: 078–01/02RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 27 May 2002MAP/SCHEDULE: N/A


Maintenance of the City’s property and infrastructure assets is managed through aseries of operational units.

The maintenance requirements are extensive and to ensure the City of Perthcontains expenditure with contractors within the requirements of the tenderregulations it is considered an advantage to call tenders for a panel of contractors.

A number of other Local Governments have addressed this issue by assembling apanel of contractors through a tender process, with the intention of having access to3 or 4 suppliers in each category (plumbers, electricians, etc), from whom competitivequotations can be obtained, without any further tender implications. The City hasalready gone some way down this path, by establishing a panel of electricalcontractors as a result of a tender, some months ago.


PolicyPolicy Name and Number: Expenditure Authorisations – Annual Items – Policy

Number CS2

Legislation Local Government (Functions and General) Regulations 1996 – Part 4 - “Tenders for Providing Goods and Services”



DETAILS:

In order to assemble a panel of 3 or 4 contractors in each of the following categories,an invitation to submit Expressions of Interest was advertised in the LocalGovernment Tender section of The West Australian newspaper on Saturday April 62002:-

• Plumbing and Gasfitting.

• Painting.

• Glazing.

• Floor and Wall Tiling.

• Window Cleaning.

• Automatic Door Maintenance.

• General maintenance/Carpentry.

• Handyman Services.

• Mechanical Services (air-conditioning & fan) maintenance.

• Signage.

• High Pressure water cleaning.

Thirty Four (34) sets of documents were issued during the advertising period. At theclose of the submission period, at 2.00 PM Tuesday 23 April 2002, twenty four (24)submissions had been received.

The following table lists the organisations from which submission were received andthe categories in which they expressed an interest:

Submission/Category

Plum

bing

& G

as

Pain

ting

Gla

zing

Floo

r & W

all

Tilin

g

Win

dow

Cle

anin

g

Auto

Doo

rM

aint

enan

ce.

Gen

eral

mai

nten

ance

&C

arpe

ntry

Han

dym

an

Mec

hani

cal

Sign

age

HP

Cle

anin

g

Robinson Buildtech N N N Y Y Y N Y NLakisConstructions P/L Y Y

SSL AssetServices Pty Ltd Y Y Y Y Y Y Y

Quality Group N Y Y Y N



Submission/Category

Plum

bing

& G

as

Pain

ting

Gla

zing

Floo

r & W

all

Tilin

g

Win

dow

Cle

anin

g

Auto

Doo

rM

aint

enan

ce.

Gen

eral

mai

nten

ance

&C

arpe

ntry

Han

dym

an

Mec

hani

cal

Sign

age

HP

Cle

anin

g

Services Pty LtdAl & PJ Kings Y YMJR PropertyServices Y

Design Plumbing YAuto Door Systems YArrix Integrated N N N N Y N N N N N YDiamond IndustriesPty Ltd Y

Haden EngineeringPty Ltd Y

Calam Contractors Y Y Y Y YTJ & PJ Flood YResolve FMHigh PressureWater Technology Y

Glaze Well Glassand GlazingContractors

Y

All Suburbs Glass& Glazing Y

Pride Plumbing YReggieHandiperson Y

AUM Services PtyLtd Y Y Y Y Y

Transfield Services(Australia) Pty Ltd Y Y Y Y Y Y Y Y

CMS Service andMaintenance PtyLtd

Y

All Property Care Y YNumans Pty Ltd

Contractors who have indicated that they will perform the functions themselves aremarked (Y) while those who will subcontract the work are marked (N).



COMMENTS:

From the Expression of Interest it was hoped to be able to invite up to six (6)contractors to tender for each category, ensuring an adequate number ofsubmissions from which to make a suitable selection. It was intended the tenderwould appoint three (3) or four (4) contractors in each of the maintenance categoriesto a panel, for a period of two years.

The Expressions of Interest received from Resolve FM and Numans Pty Ltd failed tonominate the maintenance categories for which they wished to be considered.

Other submissions were from contractors who would perform some functionsthemselves and subcontract others. The specification did not preclude this, howeverit is considered to be undesirable to arrange maintenance works via an intermediary.

It is therefore recommended that the expression of interest be discontinued and thatthe building maintenance panel be advertised as an open tender, with the City’sintention to deal directly with the contractor who actually performs the work, to bemade clear in the tender documents.

It is proposed that, rather than a single advertisement being placed on one date andin one newspaper, the advertisement run for a minimum of two (2) weeks and beplaced in additional newspapers, such as Community Newspapers, which will beread by a wider audience.

Moved by Cr McEvoy, seconded by Cr MacGill

That:-

1. as insufficient independent contractors submitted Expressions ofInterest in the proposed Building Maintenance Panel, the Expressionof Interest process be terminated;

2. the Building Maintenance Panel be advertised as an open Tender,specifying that the objective is to deal directly with the contractorsperforming the tasks;

3. all contractors who lodged Submissions of Interest be invited toTender.






Against: Nil

435/02 BUSINESS PLAN - LEASE OF SHOP 2, REGAL PLACE CARPARK EAST PERTH

BACKGROUND:

FILE REFERENCE: P1016007RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 6 June 2002MAP / SCHEDULE: Schedule - Concept Plan - The Deli on Royal

Schedule - Business Plan & Map – Convenience Store –Shop 2 Regal Place

Practical completion of the Regal Place Car Park was achieved on 6 February 2001.The property comprises a four level development with approximately 300 car bays onthe upper levels and 1,134 square metres of retail floor space on the Royal Streetfrontage. This area is subdivided into four tenancies, with provision for furthersubdivision into a total of seven tenancies, if necessary.

The following is a schedule of the leases achieved to the present time:

Tenancy Lessee Area(Sq M)

AnnualRental

Rate persq. metre

Lease Term Option

Shop 1(Hairdresser)

Bernice Barrett 87.7 $19,224 $219.20 1 June 2002 to31 May 2004

2X3 yrs

Shop 2 Vacant 463.67

Shop 3(Italian Cafe)

CartinHoldings PtyLtd

274.6 $73,980 $269.41 20 March 2001 to19 March 2011

2X5 yrs

Shop 4 Vacant 302.9

AutomaticTellerMachine

NationalAustralia Bank

5.13 $5,500 $1,071.96 1 April 2001 to31 March 2006

5 Years

Roof TopLease

Linday Pty Ltd $10,000 - 1 November 2000 to31 October 2011

Nil



Tenancy Lessee Area(Sq M)

AnnualRental

Rate persq. metre

Lease Term Option

Totals 1134 $108,704

At its meeting held on 28 May 2002, it was resolved:-

“That the Council:

1. advises Boyce Creek Mining Pty Ltd that its conditional verbal counter – offer tolease Shop 2, 81 Royal Street, East Perth on the following terms andconditions, is acceptable to the City;

Premises:Shop 2, 81 Royal Street, East Perth, with a net letable area of approximately468.8 square metres, less the north western corner of the shop, which is topartitioned off to give the National Australia Bank separate access to itsautomatic teller machine, independently of this tenancy;

Lessee:Boyce Creek Mining Pty Ltd, trading as “The Deli on Royal”;

Guarantor:Ilario Roccisano of Dianella.

Term:Fifteen (15) years from 1 July 2002 or completion of the lessee’s fitout,whichever is the later;

Rental:Year 1 - $ 30,000Year 2 - $ 40,000Year 3 - $ 50,000Year 4 - $ 60,000Year 5 - $ 70,000Year 6 - $ 80,000Year 7 - $ 90,000Year 8 - $100,000Year 9 - $110,000Year 10 - $120,000

The above rents are to be paid by monthly instalments in advance, plus GST.They are inclusive of all outgoings other than direct service charges, such astelephone power, gas, and grease trap servicing and trade waste removals;

Rent Review:



Rent shall be reviewed to market at the end of year ten (10). The market rentalto be assessed against those paid by like businesses;

Tenant Carparking:The Lessee shall have the exclusive use of three carbays in the tenant carpark;

Use of Premises:Fresh Food Convenience Store/Patisserie;

Trading Hours:To be open for business seven (7) days per week, until at least 7:00pm eachevening.

Building Alterations:All building alterations to make the premises fit for purpose shall be undertakenby the Lessee, at its cost, subject to the issue of a building licence, in thenormal manner;

Lease Documentation:The lease shall be documented by a member of the City’s legal panel, inaccordance with the draft lease submitted to the prospective Lessee on 13March 2002. Legal costs and stamp duty assessed on the lease shall bepayable by the Lessee;

Condition:That by 30 June 2002, time limits be introduced for on-street parking in thevicinity of the premises, which will encourage turn-over of bays to make it easierfor customers to find parking.

2. commits to review the on-street parking restrictions in Royal Street and RegalPlace, in the vicinity of the Regal Place multi-storey carpark at the Councilmeeting scheduled for 25 June 2002, with no pre-emption of any decisionintended;

3. BY ABSOLUTE MAJORITY, delegates authority to the Chief Executive Officerto advertise the City’s intention to enter into the lease in 1 above under Section3.58 of the Local Government Act 1995, if the parking condition is resolved tothe satisfaction of the proposed lessee as a result of the review in 2, above.”


Legislation Local Government Act 1995Section: 3.59 - Commercial enterprises by Local Governments.

Under the provisions of this section of the Act, before a Local Government entersinto any land transaction with a value greater than $500,000, it must prepare abusiness plan disclosing an overall assessment of the proposed transaction,including details of:



(a) its expected effect on the provision of facilities and services by the LocalGovernment;

(b) its expected effect on other persons providing facilities and services in thedistrict;

(c) its expected financial effect on the Local Government;

(d) its expected effect on matters referred to in the Local Government’s currentplan prepared under Section 5.56;

(e) the ability of the Local Government to manage the undertaking or theperformance of the transaction; and

(f) any other matter prescribed for the purposes of subsection 3.59 (3) of the Act.

State wide public notice must then be given, inviting public submissions on thebusiness plan over a period of not less than six weeks. After the close of the publicsubmission period, the Local Government must consider any submissions and itmay decide to proceed with the transaction, or a transaction which is notsignificantly different to that proposed. An absolute majority is required for thisdecision.

No contract can be entered into until this process has been completed.

Strategic PlanKey Result Area: EconomyObjective No: E.1 Objective: A financially healthy City.

Strategy: Develop a comprehensive AssetManagement Strategy.

DETAILS:

The Draft Business Plan tabled with this report (Schedule 10) addresses the criteriaset out in Section 3.59 (3) of the Local Government Act 1995. In summary, it advisesratepayers and other interested parties that the City intends to lease Shop 2, RegalPlace Car Park, East Perth.


INCOME:ACCOUNT NO: 12433000 6521BUDGET ITEM: Parking Property IncomeBUDGET PAGE NUMBER: 5BUDGETED AMOUNT: $756,777 (this component $45,412)AMOUNT RECEIVED TO DATE: Nil (this component)



ACTUAL INCOME: Nil (this component)

COMMENTS:

Approval is sought to advertise the Draft Business Plan dated 6 June 2002 in respectof the proposed lease of Shop 2, Regal Place Car Park, East Perth.

Moved by Cr Scaffidi, seconded by Cr Sutherland

That the Council approves the advertising of a draft business plan dated6 June 2002, pursuant to Section 3.59 of the Local Government Act 1995in respect of the proposed lease of Shop 2, Regal Place Car Park, EastPerth.




Against: Nil

436/02 LEASE OF BALCONY ENCROACHMENT OVER MURRAYSTREET MALL

BACKGROUND:

FILE REFERENCE: P1006433RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 5 June 2002MAP / SCHEDULE: Map - Balcony Encroachment - Sassellas Tavern

Part of the balcony of Sassellas Tavern, City Arcade has for some years encroachedover the Murray Street road reserve and is now located in part of each of the MurrayStreet Mall Reserve and the Forrest Place Upper Level Reserve.

The City has care, control and management, with the power to lease, over bothreserves. It is now appropriate to formalise the occupation of this balconyencroachment by way of an agreement to lease, based on the City’s Alfresco DiningLocal Law 2000.



At the Council Meeting held on 18 May 1987, it was resolved that:

“(i) the owner of the property be advised that the road encroachment should beremoved, at no cost to Council, within 2 calendar months when requested bythe Council”.

At the Town Planning Committee meeting held on 18 November 1991, it wasresolved:

“That in accordance with the provisions of the City Planning Scheme and theMetropolitan Region Scheme the Council approves the application submitted byHames Sharley Australia on behalf off Perron Investments Pty Ltd to refurbish CityArcade at Lot 100 (676) Hay Street, Perth as shown on plans dated 16 and 22October 1991, subject to:-

(i) the requirements regarding the use of the balcony that encroaches over theMurray Street road reserve for outdoor dining purposes be resolved to theCouncil’s satisfaction”.

This file has been archived for some time without addressing the encroachment bypart of the building on Lot 100 of Perth Town Lots F15/16, being the land comprisedin Diagram 60166 on Certificate of Title Volume 1890 Folio 140 (Nos. 207-213)Murray Street Mall.


PolicyPolicy Name and Number: SU16 - Alfresco Dining Policy 2000Legislation Local Government Act 1995Section: 3.58

Strategic PlanKey Result Area: EconomyObjective No: E 1 Objective: A financially healthy City.

Strategy: E 1.3 Income Maintenance and Growth.

Develop strategies for the future throughincome maintenance, diversity andgrowth.

DETAILS:

There is no impediment to granting a lease over the balcony encroachment as theCity has care, control and management, with the power to lease, subject to theconsent of the Minister for Planning and Infrastructure, of the Forrest Place UpperLevel Walkway Reserve and the Murray Street Mall Reserve.

The Department of Land Administration in its letter of 30 May 2002, advised that itwould support the Council entering into a leasing arrangement with the owners ofCity Arcade, Ohua Management Pty Ltd.




INCOME:ACCOUNT NO: 131 219 6521BUDGET ITEM: Other Community Amenities – Air Space

LicencesBUDGET PAGE NUMBER: 3BUDGETED AMOUNT: $74,855 (There is no income budget for this

item)AMOUNT RECEIVED TO DATE: NilACTUAL INCOME: Nil

COMMENTS:

It is recommended that the Council agrees to advertise its intention to enter into alease with Ohua Management Pty Ltd and to seek the consent of the Minister forPlanning and Infrastructure, to the lease.


That the Council:-

1. advertises its intention to enter into a lease with Ohua ManagementPty Ltd of the portion of the balcony encroachment over the MurrayStreet Mall which exists partly within Crown Reserve 44310, PerthLot 978 and Crown Reserve 46321, Perth Lot 1152, on the followingterms and conditions and subject to the approval of the Minister forInfrastructure and Planning:-

1.1 Lease Term: Five (5) years with two five (5) year options ofrenewal;

1.2 Base Rental: A lease rental at the level of the general alfrescodining fee applicable to Zone 1 Central, presently one hundreddollars ($100) per square metre per annum, exclusive of GST;

1.3 Rent Review: base rental to be reviewed July annually to theprevailing alfresco dining fee applicable to Zone 1 Central;

1.4 Area: approximately 80 square metres;

1.5 Insurance: the Lessee shall be required to take out and holdcurrent during the term of the lease and any extension thereof,



of a policy of Insurance for Public Liability, for an amount ofnot less than $10 million for any one claim;

1.6 Documentation: the lease shall be prepared by the City’sSolicitors at the expense of the Lessee;

(Cont’d)

1.7 Costs: all costs for the preparation and stamping of theAgreement to Lease are to be paid by the Lessee;

2. delegates, BY AN ABSOLUTE MAJORITY, authority to the ChiefExecutive Officer to finalise this lease in the event that nosubmissions are received as a result of the advertisement in part 1above.




Against: Nil

437/02 LEASE OF SHOP 2, 377 MURRAY STREET, PERTH

BACKGROUND:

FILE REFERENCE: P1016875RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 15 May 2002MAP / SCHEDULE: Map - Lease of Shop2 His Majesty’s Car Park

This item was deferred at the Council meeting held on 11 June 2002, with arecommendation for the Council to advertise its intention to enter into a leasewith Azam & Co Pty Ltd. The reason for the different recommendation in thisitem is because a second offer was received by the Council that is consideredto offer a better outcome for the City in the longer term.


Legislation Local Government Act 1995Section: 3.58Under Section 3.58 of the Local Government Act 1995, the Council is obliged to give



a minimum of 14 days notice of its intention to enter into a lease by private treaty ina newspaper freely circulating in the district, inviting submissions from anyinterested party, which must then be considered by a subsequent meeting of theCouncil, before the transaction can be finalised.

The Council at its meeting held on 22 May 2002 delegated authority for the ChiefExecutive Officer to finalise any property disposition administratively, where therewere no public submissions received as a result of advertising, and where thetransaction does not exceed any dollar limitation which might be set by the Council.

Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A financially healthy City.

Strategy: Develop a comprehensive AssetManagement Strategy.

DETAILS:

Messrs Ismet Ozhan and Okkas Daglarkiran, of Istanbul Kitchen and Kebab House,have submitted an offer to lease the 30 square metre retail tenancy on the MurrayStreet frontage of His Majestys Car Park on a three (3) year lease with a five (5) yearoption of renewal. A rent incentive of three (3) month’s gross rent free from theLease commencement date has been sought.

Messrs Ismet Ozhan and Okkas Daglarkiran currently operate the Istanbul KebabCoffee House in North Perth, and will be establishing a second business with theLessee.

This is the second of two offers to lease which have been submitted for considerationby the City’s leasing agent. The first offer received being that from Azam & Co PtyLtd trading as Natural Choice Health Food Store.

The two offers are summarised in the following table:

Offer to lease Azam & Co Pty Ltd Ismet Ozhan & OkkasDaglarkiran

Term Three (3) years Three (3) years

Option One option period of 3years

One option period of 5years

Gross Rental $9,090 payable byinstalments six monthly inadvance

$10,000 payable bymonthly instalments inadvance

Date for commencementof rent payment

1 August, 2002 1 October 2002

Rental review Increased by 4%compounding annually inyears 2, 3, 5 and 6 with areview to market in year 4

Indexed annually toConsumer Price Index (AllGroups Perth) plus 2%



Use of Premises Natural Choice HealthFoods

Retail sale of kebabs

Landlord Works A suspended ceiling A suspended ceiling

Split system reverse cycleair-conditioning unit

Split system reverse cycleair-conditioning unit

Standard grid or flushmounted fluorescent lightsto the new ceiling,switches and GPO’s.

Standard grid or flushmounted fluorescent lightsto the new ceiling,switches and GPO’s.Ensure connection isavailable for grease trap tobe installed.Ensure that connection isavailable for exhaust fanpurposes.Provide suitable power tothe premises at theLessor’s cost.

The Landlord works required have been anticipated and an allowance has beenmade in the City’s draft capital budget for 2002/03. The works are required due tothe premises being built without air conditioning, ceilings or lights, to preserve theopportunity to tailor these items to the tenant’s requirements, within budgetaryconstraints.

Fitout of the premises other than landlord works, is to be undertaken by the Tenant attheir cost.


INCOME:ACCOUNT NO: 12428000-6521BUDGET ITEM: Parking Facilities. Parking Property IncomeBUDGET PAGE NUMBER: 5BUDGETED AMOUNT: $756,777 (this component $9,195)AMOUNT RECEIVED TO DATE: $ nil (this component)ACTUAL INCOME: $ nil (this component)

COMMENTS:

This offer was the second to be presented for these premises by the City’s leasingagent. It is considered to represent the best outcome for the City in the longer term,notwithstanding the greater initial rent relief requested by these proponents.

This offer has a higher rental income and more favourable rent review terms.



While there are more landlords works required for this offer, they are not seen asonerous and can be met from the allowance made in the City’s draft capital budgetfor 2002/03.

From a strategic point of view, the kebab food outlet will provide additional night timeactivity in this locality, which will benefit patrons of the local entertainment venues. Itcould therefore provide a greater benefit to the locality than the proposed health foodoutlet being a day time destination in an area already well patronised during day timetrading hours.

Moved by Cr McEvoy, seconded by Cr MacGill

That:-

1. under section 3.58 of the Local Government Act 1995 the Counciladvertises its intention to enter into a lease with Ismet Ozhan andOkkas Daglarkiran trading as Istanbul Kitchen and Kebab House, onthe following conditions:-

1.1 Premises:Shop 2, His Majestys Car Park, 377 Murray Street, Perthcomprising an area of approximately 30 square metres;

1.2 Term:Three (3) years from 1 July 2002 to 30 June 2005;

1.3 Option:One option period of five (5) years commencing 1 July 2005to 31 June 2010;

1.4 Gross Rental:$10,000 per annum, payable by monthly instalments of$833.33 in advance, plus GST;

1.5 Date for Commencement of Rent Payment:1 October, 2002;

1.6 Rental Review:Rental shall be increased annually to the Consumer PriceIndex (All Groups Perth), plus 2%;

1.7 Service Costs:The Lessee shall pay for electricity and water consumptioncosts;

1.8 Outgoings:



All outgoings, except service charges (energy consumptionand communications costs) are to be paid by the landlord;

1.9 Use of Premises:Retail sale of Kebabs;

(Cont’d)

1.10 Insurance:The Lessee shall hold a current policy of insurance for publicliability for an amount not less than $5,000,000 for any oneclaim during the term of the lease or any extension thereof,plus contents and plate glass insurance;

1.11 Documentation and Costs:The lease is to be prepared by the City’s Solicitor at theexpense of the Lessee;

1.12 Landlord’s Works:The City will undertake the following installation works at itscost:-

1.12.1 a suspended ceiling;

1.12.2 split system reverse cycle air-conditioning unit;

1.12.3 standard grid or flush mounted fluorescent lights tothe new ceiling, switches and GPO’s;

1.12.4 the owner will ensure that connection is available fora grease trap to be installed;

1.12.5 the owner will ensure that connection is available forexhaust fan purposes;

1.12.6 the owner will provide suitable power to the premisesat the cost of the owner.






Against: Nil

438/02 BONUS PLOT RATIO ADVISORY PANEL - MEETINGS HELDON 28 NOVEMBER 2001 AND 23 MAY 2002

BACKGROUND:

FILE REFERENCE: P1007048-3RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 11 June 2002MAP / SCHEDULE: Schedule – Minutes of the meeting of the Bonus Plot Ratio

Advisory Panel held on 28 November 2001.Schedule – Minutes of the meeting of the Bonus Plot RatioAdvisory Panel held on 23 May 2002.

DETAILS:

Role:

To provide independent technical advice and make recommendations to the Councilconcerning development proposals seeking bonuses for additional plot ratio and toconsider and advise the Council on the design aspects of development where theyinterface with and impact on the public domain.

COMMENTS:

The confirmed minutes of the meeting of the Bonus Plot Ratio Advisory Panel heldon 28 November 2001 and the unconfirmed minutes of the meeting of the meetingheld on 23 May 2002 are detailed in Schedule 11. It is suggested the minutes benoted.

Moved by Cr Davidson, seconded by Cr Sutherland

That the Council notes the confirmed minutes of the Bonus Plot RatioAdvisory Panel meeting held on 28 November 2001 and the unconfirmedminutes of the meeting held on 23 May 2002.






Against: Nil

439/02 BUDGET AND BUSINESS OPPORTUNITIES COMMITTEEMEETINGS HELD ON 28 MAY 2002 AND 11 JUNE 2002

BACKGROUND:

FILE REFERENCE: P1014037-6RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 20 June 2002MAP / SCHEDULE: Schedule – Minutes of Budget and Business Opportunities

Committee meetings on 28 May 2002 and 11 June 2002.

DETAILS:

The role and function of the Budget and Business Opportunities Committee is to:-

• consider and recommend to the Council the Budget of the City of Perth for theupcoming financial year;

• monitor the progress of the current year's budget and the Principal Activity Plan;

• examine proposals for new business opportunities for the City;

• examine proposals leading to further savings for the City;

• recommend to the Council worthwhile proposals which have the potential toachieve new income or savings for the City.

COMMENTS:

The minutes of the meeting of the Budget and Business Opportunities Committeeheld on 28 May 2002 and 11 June 2002 are detailed in Schedule 12. It is suggestedthe minutes be noted.


That the Council notes the confirmed minutes of the Budget andBusiness Opportunities Committee meeting held on 28 May 2002 and 11June 2002.






Against: Nil

440/02 ELECTORAL COMMITTEE MEETING HELD ON 28 MAY2002

BACKGROUND:

FILE REFERENCE: P1011896-5RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 31 May 2002MAP / SCHEDULE: Schedule – Minutes for the Electoral Committee meeting of

28 May 2002

DETAILS:

The role and function of the Electoral Committee is to make recommendations to theCouncil on issues relating to:-

• The roles and functions of the WA Electoral Commission and the City of Perth inthe conduct of postal elections.

• The electoral provisions of the Local Government Act 1995 and LocalGovernment (Elections) Regulations 1996.

COMMENTS:

The minutes of the meeting of the Electoral Committee held on 28 May 2002 aredetailed in Schedule 13. It is suggested the minutes be noted.


That the Council notes the unconfirmed minutes of the ElectoralCommittee meeting held on 28 May 2002.






Against: Nil

441/02 FACADE COMMITTEE MEETING HELD ON 21 MAY 2002

BACKGROUND:

FILE REFERENCE: P1016034RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 11 June 2002MAP / SCHEDULE: Schedule – Minutes of the meeting of the Façade

Committee held on 21 May 2002

DETAILS:

The role and function of the Facade Committee is to provide advice to the Council inrelation to:-

• a programme to encourage selected property owners to upgrade and light theirfacades;

• lighting of the facade of one prominent building in the City.

COMMENTS:

The minutes of the meeting of the Facade Committee held on 21 May 2002 aredetailed in Schedule 14. It is suggested the minutes be noted.


That the Council notes the unconfirmed minutes of the FacadeCommittee meeting held on 21 May 2002.






Against: Nil

442/02 HOUSE/SPONSORSHIP AND DONATIONS COMMITTEE -MEETING HELD ON 21 MAY 2002

BACKGROUND:

FILE REFERENCE: P1011874/7RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 6 June 2002MAP / SCHEDULE: Schedule – Minutes for the House/Sponsorship and

Donations Committee meeting held on 21 May 2002

DETAILS:

The role and function of the committee will be to make recommendations to theCouncil on:-

• investigation and determination of protocols and procedures for ElectedMembers including the Dining Room, Civic Receptions and PrecinctCommittees and making recommendations to the Council on Elected Members’benefits and allowances.

• assessing requests for donations and sponsorship made to the Council;• approving or declining donation or sponsorship requests of $10,000 or less.

COMMENTS:The unconfirmed minutes of the meeting of the House/Sponsorship and DonationsCommittee held on 21 May 2002 are detailed in Schedule 15. It is suggested theunconfirmed minutes be noted.


That the Council notes the unconfirmed minutes of theHouse/Sponsorship and Donations Committee meeting held on 21May 2002.






Against: Nil

443/02 INTERNATIONAL STRATEGIC ALLIANCES ADVISORYCOMMITTEE - MINUTES OF THE MEETING HELD ON 11JUNE 2002

BACKGROUND:

FILE REFERENCE: P1013195-7RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 17 June 2002MAP / SCHEDULE: Schedule – Minutes for the meeting of the International

Strategic Alliances Advisory Committee held on 11 June2002

DETAILS:

The role and function of the Committee will be to make recommendations to theCouncil on:-

• promotion and marketing of existing Sister City relationships;

• the determination of charters of mutual friendship;

• the determination of new sister city relationshipswhich are considered to be strategic to encourage trade, tourism, educational,cultural and sporting exchanges.

The Advisory Committee’s recommendations will be referred to the Council forconsideration. Once the Advisory Committee’s recommendations have beenadopted by the Council, they will be acted upon.

COMMENTS:

The unconfirmed minutes of the International Strategic Alliances Advisory Committeemeeting held on 11 June 2002 are detailed in Schedule 16.

It is suggested that these minutes be noted.




That the Council notes the unconfirmed minutes of the InternationalStrategic Alliances Advisory Committee meeting held on 11 June 2002.




Against: Nil

444/02 SAFETY AND SECURITY COMMITTEE - MINUTES OF THEMEETING HELD ON 4 JUNE 2002

BACKGROUND:

FILE REFERENCE: P1012003-2RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 7 June 2002MAP / SCHEDULE: Schedule – Minutes for the Safety and Security Committee

meeting held on 4 June 2002

DETAILS:

The Role of the Committee is to consider safety and security within the City of Perthrelating to:-

(a) new initiatives with the WA Police Service;(b) Community Police Post;(c) public perceptions of safety and security;(d) security patrols.

COMMENTS:

The unconfirmed minutes of the Safety and Security Committee meeting held on 4June 2002 is detailed in Schedule 17. It is suggested the unconfirmed minutes benoted.




That the Council notes the unconfirmed minutes of the Safety andSecurity Committee held on 4 June 2002.




Against: Nil

445/02 REGISTER OF DELEGATIONS OF AUTHORITY - REVIEW

BACKGROUND:

FILE REFERENCE: P1009409-4RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 30 May 2002MAP / SCHEDULE: Schedule – Register of Delegations of Authority

Section 5.46 of the Local Government Act 1995 requires that the register ofDelegations of Authority be reviewed at least once every financial year.

The current register of delegations is detailed in Schedule 18.


Legislation Local Government Act 1995Section 5.46

DETAILS:

The Local Government Act 1995 provides that the register of the delegations ofauthority made by the Council is required to be reviewed at least once every financialyear.

The Council last reviewed the Register of Delegations of Authority at its meeting heldon 22 May 2001.

A review of the Register of Delegations of Authority was undertaken to ensure that itis up to date with current legislation and aligned to the current operations of theCouncil.

The following amendments are proposed to be made to the register:-



1.5 Travel and Accommodation Expenses at Conferences

It is recommended that:-

• Part 1 of the Conditions be amended to read:

Policy CS30 Elected Member – Conference Attendance and Expenses

• References be amended by way of replacing reference to Policy CS11 withPolicy CS30 Elected Member – Conference Attendance and Expenses.

3.2 Variations to Residential Setbacks and 3.32 Rear Setbacks

It is recommended that both of these delegations be deleted as the procedure listedin these notices does not reflect current practice and the delegation powercontradicts the broader delegation powers provided for in delegation 3.26 – CityPlanning Scheme – Planning Powers.

3.3 Alfresco Dining Applications

As the Alfresco Dining Local Law extends further than just applications it isrecommended that the delegation be amended to read as follows:-

Alfresco Dining

Function Delegated:

Authority to determine the following in relation to Alfresco Dining:-

1. Application for a Licence

2. Renewal of a Licence

3. Transfer of a Licence

4. Variation of Licence Conditions

5. Notices to carry out work

6. Cancellation or suspension of a Licence

Conditions:

Authority to be in accordance with:-

1. City of Perth Alfresco Dining Local Law.

2. Policy SU16 - Alfresco Dining.



and subject to consultation with all relevant Directorates.

Delegated by the Council to:

Chief Executive Officer.

Delegated by the Chief Executive Officer to:

Manager Compliance ServicesManager Approval ServicesSenior Planning OfficerSenior Building OfficerEnvironmental Health Officers - ApprovalsCo-ordinator Urban Environment

Reference:

Policy SU16.Alfresco Dining Local Law.

The following additional delegation is proposed to be made to the register:-

Minor Permanent or Temporary On-Street Parking Amendments

With the introduction of the Perth Management Act 1999 and the repeal of the City ofPerth Parking Facilities Act, authority to approve on-street parking restrictions wastransferred from the Minister for Planning and Infrastructure to the City of Perth.

Currently, all proposed amendments to parking restrictions are referred to theCouncil for approval, however, it is considered that there are some instances wherethe amendments are fairly minor or temporary, and it may be more efficient for theCouncil to delegate responsibility to approve such changes to the Chief ExecutiveOfficer (CEO).

Parking amendments that could be considered for delegation to the CEO are detailedas follows.

Alfresco Dining Parking

The Alfresco Dining Policy makes provision for the use of embayed parking bays foralfresco dining after 5:30pm on weekdays until 8.00am the following day, andbetween 12noon Saturday and 7.00am Monday morning, which is generally when thebays are unrestricted. Delegation of Authority 3.3 - Alfresco Dining Applications,delegates the authority to determine Alfresco Dining applications to the CEO,however, before the alfresco area can operate it is necessary for the parking bays tobe vacant. This can only be achieved by the banning of parking outside the standardoperating times which at present requires a report to the Council for consideration.



Similarly when the parking bays are no longer required for alfresco dining, forexample, if the licensee no longer wishes to have alfresco dining or the use of theproperty changes, then a report to the Council is required to reinstate the previousparking restrictions.

It is therefore suggested that:-

1. In view that the Council has already delegated authority to the CEO to approveAlfresco Dining applications, it would be appropriate to also delegate theauthority to the CEO to amend the parking restrictions to accommodate thealfresco dining.

2. Where parking bays are no longer required for alfresco dining, then the CEOshould be authorised to reinstate the previous restrictions or as required afterconsultation with the adjacent property owners or occupiers.

Temporary Parking Changes to Accommodate Events, Activities or Works

Many activities or works occurring in the street or adjacent to the street requiretemporary changes to parking to ensure pedestrian safety or provide special parkingfacilities to assist the organisation of the event. For example, if an event requires theclosure of the road, parking within the road closure must be restricted to ensure thatvehicles within the closure are not damaged as a result of the event or that theowners do not drive through the road closure without proper supervision. Also, ifworks are planned adjacent to a parking area, the bays must be clear for accesspurposes.

Delegation of Authority 3.14 - Temporary Closure of Streets for Street Parties andEvents on Roads, currently delegates the authority to the CEO to grant approval forthe closure of streets for street parties or events on roads.

Delegation of Authority 3.39 - Annual Public Events, delegates the authority to theCEO to approve various annual events and associated road closures, parkingrestrictions, and costs.

It is therefore suggested that as the Council has delegated authority to the CEO toapprove the temporary closure of road for events or works, that the authority toapprove associated temporary parking amendments also be delegated to the CEO.

Parking Amendments Required as a Result of Road Modifications

The design of parking facilities is dependent on the physical layout of a road orinfrastructure located within the street. Minor modification to roads such as newcrossovers, medians or the installation of infrastructure such as mail boxes or firehydrants may require changes to parking so that it complies with Australian



Standards or the Road Traffic Code. Also, some parking facilities installed in thepast may now not comply with current legislation. Most of the changes requiredwould only affect one or two bays and would have little impact on parking in thevicinity. Currently the removal of parking, necessitated by new construction works isalready occurring in the field to order to comply with the statutory requirements,however, if the works cause an area to be made available for parking, this wouldrequire the approval of the Council.

It is therefore suggested that the Council delegate authority to the CEO to approveminor parking amendments that result from road modifications, installation ofinfrastructure or to correct existing non-standard parking facilities.

Temporary Parking Amendments to Facilitate Trial Parking Proposals

From time to time the City has a need to trial new parking schemes. For example, toinvestigate the patronage of a proposed taxi rank, or to examine operational issueswith dual restriction parking facilities. Currently, these cannot be undertaken withoutthe approval of the Council. If delegated authority were granted to the CEO, it isenvisaged that the trial would only last a set period and should it be successful wouldthen require formal approval by the Council.

It is therefore suggested that the Council delegate authority to the CEO to approveminor parking trials on the understanding that they are limited to two months andshould they prove to be successful, be submitted to the Council for consideration.

The following delegation is therefore proposed:-

Minor Permanent or Temporary On-street Parking Amendments

Function Delegated:

Authority to approve minor parking amendments as follows:-

1. Alfresco Parking

Amendments to parking restrictions to accommodate Alfresco Dining or toreinstate parking restriction if the alfresco area is no longer required.

2. Events, Activities or Works Adjacent to the Street

Temporary modifications to parking restrictions to facilitate events, activities ormaintenance works in or near a street.

3. Construction Works in the Street

Minor parking amendments that result from road modifications, installation ofinfrastructure or to correct existing non-standard parking facilities.



4. Trial Parking Restrictions

Temporary parking amendments to facilitate minor parking trials.

Conditions:

1. Any permanent parking amendment be circulated to Elected Members prior toinstallation.

2. Consultation with adjacent property owners and occupiers, where new parkingfacilities are to be introduced.

3. Compliance with Parking Local Law 1999 and the Perth Parking Policy.

4. Parking trials are to be limited to two months and should they prove to besuccessful, be submitted to the Council for consideration.


Chief Executive Officer

Reference:

Policies SU16, SU52, Delegations 3.3, 3.14, 3.39


There are no financial implications related to this report.

COMMENTS:

It is recommended that the Council reaffirm, with proposed amendments, theRegister of Delegations of Authority to Officers and Committees, in accordance withthe Local Government Act 1995.


That the Council APPROVES BY AN ABSOLUTE MAJORITY to reaffirmthe Register of Delegations of Authority to Officers and Committees asdetailed in Schedule 18, subject to:-

1. the following delegations being amended:-

1.5 Travel and Accommodation Expenses at Conferences.

• Part 1 of the Conditions be amended to read “Policy CS30Elected Member – Conference Attendance and Expenses.”



• The References be amended by way of replacing referenceto Policy CS11 with “Policy CS30 Elected Member –Conference Attendance and Expenses.”

(Cont’d)

3.3 Alfresco Dining Applications.

The delegation be amended to read as follows:-

Alfresco Dining

Function Delegated:

Authority to determine the following in relation to AlfrescoDining:-

1. Application for a Licence.2. Renewal of a Licence.3. Transfer of a Licence.4. Variation of Licence Conditions.5. Notices to carry out work.6. Cancellation or suspension of a Licence.

Conditions:

Authority to be in accordance with:-

1. City of Perth Alfresco Dining Local Law;2. Policy SU16 - Alfresco Dining;

and subject to consultation with all relevant Directorates.


Chief Executive Officer.

Delegated by the Chief Executive Officer to:

Manager Compliance ServicesManager Approval ServicesSenior Planning OfficerSenior Building OfficerEnvironmental Health Officers - Approvals



Co-ordinator Urban Environment

(Cont’d)

Reference:

Policy SU16.Alfresco Dining Local Law.

2. the following delegations being deleted:-

3.2 Variations to Residential Setbacks.3.32 Rear Setbacks

3. the following delegation be approved:-

Minor Permanent or Temporary On-street Parking Amendments

Function Delegated:

Authority to approve minor parking amendments as follows:-

1. Alfresco Parking

Amendments to parking restrictions to accommodate AlfrescoDining or to reinstate parking restriction if the alfresco area isno longer required.

2. Events, Activities or Works Adjacent to the Street

Temporary modifications to parking restrictions to facilitateevents, activities or maintenance works in or near a street.

3. Construction Works in the Street

Minor parking amendments that result from road modifications,installation of infrastructure or to correct existing non-standardparking facilities.

4. Trial Parking Restrictions



Temporary parking amendments to facilitate minor parkingtrials.

Conditions:

1. Any permanent parking amendment be circulated toElected Members prior to installation.

(Cont’d)

2. Consultation with adjacent property owners and occupiers,where new parking facilities are to be introduced.

3. Compliance with Parking Local Law 1999 and the PerthParking Policy.

4. Parking trials are to be limited to two months and shouldthey prove to be successful, be submitted to the Councilfor consideration.


Chief Executive Officer

Reference:

Policies SU16, SU52, Delegations 3.3, 3.14, 3.39.




Against: Nil

446/02 POLICY CS11 ELECTED MEMBERS - REIMBURSEMENT OFEXPENSES

BACKGROUND:

FILE REFERENCE: P1007299RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate Services



DATE: 18 June 2002MAP / SCHEDULE: Schedule 19 - Policy CS11 Elected Members -

Reimbursement of Expenses

At the House/Sponsorship and Donations Committee meeting held on 18 June 2002it was resolved as follows:-

That City of Perth Policy CS11: Elected Members - Reimbursement of Expenses beamended by the inclusion of the following clauses:-

1.8 Spectacles and other aids.

1.9 Personal donations to persons/organisations associated with a Councilactivity.


PolicyPolicy Name and Number: CS11: Elected Members - Reimbursement of

Expenses (attached as Schedule 19)Delegation 1.1: Reimbursement of Elected MembersExpenses

LegislationSection: Section 5.98 of the Local Government Act 1995

DETAILS:

The City of Perth provides an amount of $13,000 per member per annum underPolicy No: CS11 Elected Members - Reimbursement of Expenses.

The City of Perth Council has approved a reasonable amount of flexibility beingapplied to the City of Perth Policy allowing Elected Members to substantially controlwhat their reimbursement account is spent on.

The authority to approve the reimbursement of expenses incurred by ElectedMembers while performing his or her duties has been delegated by the Council to theChief Executive Officer.


ACCOUNT NO: 10460000 and 10463000BUDGET ITEM: Councillors’ Office and Lord Mayor’s OfficeBUDGET PAGE NUMBER: 8BUDGETED AMOUNT: $787,683 ($117,000 this component)AMOUNT SPENT TO DATE: $641,089 ($57,703 this component)PROPOSED COST: 0BALANCE: $146,594 ($59,297 this component)




COMMENTS:

At the House/Sponsorship and Donations Committee meeting held on 18 June 2002,consideration was given to amending the policy and/or delegation to provide a rightto Elected Members to be able to submit to the Committee, any claims which havebeen declined as not being in accordance with the policy.

It was agreed at the meeting that City of Perth Policy CS11: Elected Members -Reimbursement of Expenses be amended by the inclusion of the following claimitems only:-

• Spectacles and other aids.• Personal donations to persons/organisations associated with a Council activity.


That City of Perth Policy CS11: Elected Members - Reimbursement ofExpenses be amended by the inclusion of the following clauses:-

1.8 Spectacles and other aids.

1.9 Personal donations to persons/organisations associated with aCouncil activity.

Motion to amend

Moved by Cr Tudori, seconded by Cr MacGill

That part 1.9 be amended to read as follows:-

“1.9 Personal donations, to persons / organisations associated with aCouncil activity, to a maximum of $50.”




Against: Nil

Motion to amend

Moved by Cr Davidson, seconded by Cr Scaffidi



That part 1.9 be amended to read as follows:-

“1.9 Personal donations, to charitable / non-profit organisations /activities, to a maximum of $50.”




Against: Nil




Against: Nil

447/02 CAR PARK – ADJACENT TO OLD SWAN BREWERY

BACKGROUND:

FILE REFERENCE: P1004280RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 19 June 2002MAP / SCHEDULE: Map – Car park adjacent to Old Swan Brewery

At the Budget and Business Opportunities Committee on 18 June 2002 it wasresolved:


1. the establishment of two hour ticket parking within the car park adjacent to theOld Swan Brewery, operative 8.00am till 10.00pm each day;

2. a Loading Zone, 15 metres long, adjacent to the Mounts Bay Road carriageway,operative ‘at all times’;



as shown on drawing A4 8355-08.


PolicyPolicy Name and Number: Central Perth Parking Policy

Perth Parking PolicyLegislationSection: Perth Parking Management Regulations 1999 Parking Local Law 1999Strategic PlanKey Result Area: Urban Development and TransportObjective No:5 Objective: To ensure that public transport provision

and routes adequately meet the needsof the community and that the city hasadequate and appropriate locatedparking.

Strategy: Develop an integrated public transportand parking strategy.

DETAILS:

An inspection has shown that the works are almost complete and the car park isoften full to capacity. It appears that vehicles are parking in the car park for extendedperiods. All the bays within the car park and an embayed loading zone constructedadjacent to Mounts Bay Road are currently unrestricted.

The parking area consists of 10 car parking bays, 1 ACROD bay and 2 motorcyclebays. The loading zone is 15m long and embayed into the slip lane which leads tothe Old Swan Brewery development, adjacent to the Mounts Bay Road carriageway.


ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $1,980,900 ($334,379.04 this portion)AMOUNT SPENT TO DATE: ($315,254. 33 this portion)PROPOSED COST: $3000.00BALANCE: ($16,124.71 this portion)

ANNUAL MAINTENANCE:

The Department for Planning and Infrastructure annual levy for parking is $150 percar bay and $75 for motorcycle bays, although no fee applies to ACROD bays orloading zones. This equates to $1,650 per annum for the bays.

INCOME:ACCOUNT NO: New Account



BUDGET ITEM: N/ABUDGET PAGE NUMBER: N/ABUDGETED AMOUNT: Estimated $15,000AMOUNT RECEIVED TO DATE: NilACTUAL INCOME: NilWRITTEN DOWN VALUE: NilPROFIT ON CHANGEOVER: Nil

COMMENTS:

This car park has traditionally been used by anglers, fishing between the Old SwanBrewery and the Narrows Bridge. A compromise is required to meet the needs of theanglers, visitors to the river and patrons of the Old Swan Brewery.

To provide reasonable turnover of bays and thus ensure efficient utilisation of the carpark, it is recommended that 2 hour ticket parking be installed, operating from8.00 am to 10.00 pm each day. The fee structure should be similar to parking inBarrack Square, which is $1.50 per hour.

A loading zone has been provided to supplement loading facilities with the adjacentdevelopment. It is considered that it should operate ‘at all times’ with a 15 minutemaximum limit.

Moved by Cr McEvoy, seconded by Cr Davidson


1. the establishment of two hour ticket parking within the car parkadjacent to the Old Swan Brewery, operative 8.00am till 10.00pmeach day;

2. a Loading Zone, 15 metres long, adjacent to the Mounts Bay Roadcarriageway, operative ‘at all times’;

as shown on drawing A4 8355-08.




Against: Nil



448/02 PAYMENTS TO CREDITORS – MAY 2002

BACKGROUND:

FILE REFERENCE: P1014149RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 18 June 2002MAP / SCHEDULE: N/A

At the Budget and Business Opportunities Committee Meeting held on 11 June 2002it was resolved:

That in accordance with Regulation 13 (1) of the Local Government, (FinancialManagement) Regulation 1996 the list of payments made under delegated authorityfor the month ended May 2002 as laid on the table be received and recorded in theMinutes of the Council, the summary of which is a follows:-

FUND PAIDMunicipal Fund $6,658,528.92Trust Fund $50,081.73

TOTAL: $6,708,610.65


LegislationSection: Regulation 13(1) Financial Management Regulation 1996


That in accordance with Regulation 13 (1) of the Local Government,(Financial Management) Regulation 1996 the list of payments madeunder delegated authority for the month ended May 2002 as laid on thetable be received and recorded in the Minutes of the Council, thesummary of which is a follows:-

FUND PAIDMunicipal Fund $6,658,528.92Trust Fund $50,081.73TOTAL: $6,708,610.65






Against: Nil

449/02 PRINCIPAL ACTIVITIES PLAN 2002

BACKGROUND:

FILE REFERENCE: P1013691RESPONSIBLE DIRECTOR: Frank Edwards, Chief Executive OfficerDATE: 20 June 2002MAP / SCHEDULE: Principal Activities Plan 2002

At the Budget Committee meeting held on 25 June 2002, it was resolved:

That the Council adopts the Principal Activities Plan 2002.

The Local Government Act 1995 requires a local government to produce a PrincipalActivities Plan on an annual basis. The intent is to ensure that local governments areplanning expenditure and to allow ratepayers and other stakeholders an opportunityto have input into the planning process.

The City of Perth has incorporated the development of the Principal Activities Planinto a comprehensive annual planning process, beginning in August and finishingwith the adoption of the budget in June/July of the following year.

The Community Forums held in March 2002 included a presentation on proposedexpenditure contained in the Draft Principal Activities Plan 2002.

The draft Principal Activities Plan 2002 was placed on public exhibition for a six-weekperiod. Submissions closed on 14 June 2002. No submissions have been received.


LegislationSection: 5.56 Planning Principal Activities (Local Government Act 1995)Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A Financially Healthy City

Strategy: Long Term Planning



DETAILS:

The Principal Activities Plan 2002 (Schedule 20) summarises the Council’s majoractivities and associated expenditure levels together with details of proposed fundingsources. Measures of performance are also required for each principal activity.

The main objective of the plan is to provide the community with information about theCouncil’s proposed activities and allow them an opportunity to comment. The planmust be open for public comment for at least 42 days. The Council must thenconsider all submissions received and may then adopt the final plan, with or withoutmodification. When finalised, the plan is to be the basis for the adoption of the City’sBudget for 2002/03.

The plan is an overview of the significant programs and activities proposed by theCouncil over the next four years. The plan needs to be an easily understooddocument that assists members of the public in understanding what the Council’splanned activities are. The plan is not intended to be a detailed operational ormanagement plan. Its objectives are:

• to provide the community with information related to the proposed principalactivities

• to offer the community the opportunity to lodge submissions in relation to thoseproposals for consideration by the Council.

Principal activities are defined under the Local Government Act 1995 as:

• major capital works• major services• major asset replacement• major land transactions• major trading enterprises.

The plan should contain a succinct description of each principal activity, theobjectives of the City in undertaking that activity and a set of performance indicatorsto enable the City to measure its success in achieving the objectives. The plan mustalso disclose financial details of how much each principal activity is expected to costand the proposed means of funding.

The Principal Activities Plan is closely linked with the City’s three other majorpublications - the strategic plan, the budget and the annual report. As the planprovides financial details of the City’s main activities over a four-year timeframe, it isto be the basis of the annual budget. The annual report must report on the principalactivities and assess how the local government has performed in relation to itsperformance indicators.

Following the advertising period, once the Council has ratified the final version of thePrincipal Activities Plan, it is intended that it will be printed and distributed to key City



stakeholders and other interested parties. The plan is to be reviewed andcommented on annually.

Community comment for the 2000 and 2001 plans included that from focus groups.As many of the major projects for the 2002 plan are carried over from previous years,focus group input for the 2002 plan was not thought to be cost effective. As analternative, the March round of Community Forums included a presentation on themajor capital projects included in the Draft Principal Activities Plan 2002.


There are no significant financial implications associated with the adoption of therecommendation of this report.

COMMENTS:

The Principal Activities Plan provides residents and ratepayers with a conciseoverview of the principal activities and expenditure of the City of Perth. The publiccomment period provides an opportunity for concerns to be raised by the public priorto the Council adopting the budget for the 2002/03 period.

The process used to develop the plan has been improved in recent years to make it amore useful planning tool. This year has seen the inclusion of five-year plans for allmajor areas of capital expenditure.

No submissions have been received to date on the draft plan and the final planshould be adopted.

Moved by Cr Scaffidi, seconded by Cr Davidson

That the Council adopts the Principal Activities Plan 2002.




Against: Nil

450/02 MOTION OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

EMPLOYMENT POLICY

The following motion was submitted by Cr Bert Tudori.




That the Council, with immediate effect, adopts a policy that the City ofPerth shall not engage any former employee of the City of Perth for aperiod of two years after their termination date as a consultant, adviseror in any other capacity except as a full time employee, without theCouncil first approving such engagement.




Against: Nil

451/02 REPRESENTATION ON STATUTORY AUTHORITIES ANDPUBLIC BODIES

File Reference: P1012540-17

A. VACANCY FOR W.A. LOCAL GOVERNMENT ASSOCIATION MEMBERSCOMMUNITY & INDUSTRY ADVISORY GROUP (STATE WATER QUALITYMANAGEMENT STRATEGY) MEMBER AND DEPUTY MEMBER

BACKGROUND:

Member Councils are invited to submit nominations for this appointment.

NOMINATION PROCESS:Nominees are asked to complete the attached Nomination Form and email, fax orpost to the undersigned by 4pm on Wednesday 17 July 2002. Email applications areencouraged. Late nominations will not be accepted. Please ensure that you addressthe Selection Criteria in full.

QUALIFICATIONS:



An Elected Member or Serving Officer with an interest in or knowledge ofenvironmental water resources.

TERM:The term of the appointment is two years.

COMMENCES:August 2002.

CURRENT REPRESENTATIVE AND REASON FOR VACANCY:This is a new committee and therefore there are no previous members.

MEETINGS: 4 per annumLOCATION: Metropolitan areaDAY/TIME: To be advisedDURATION: approximately two hoursMEETING FEE: No meeting fee or travelling expenses are offered

SELECTION CRITERIA:Nominee to address the following Selection Criteria:• To be a current Elected Member or Serving Officer• Availability of the applicant to undertake the responsibility• Relevant skills in the area• Demonstrated interest in the position• Capacity of the applicant to represent the interest of Local Government and the

Association• Relevant experience and qualifications that are applicable to the position• Background knowledge of water resources

TERMS OF REFERENCE:In February 2002 Waters and Rivers held a State Water Quality ManagementStrategy Forum. The Community and Industry Advisory Committee is beingdeveloped to review the content and application of the preparation of the NWQMXAustralian Drinking Water Guidelines and a State Water Quality Implementation Plan.

BOARD MEMBERSHIP:The Board will have representation from:• Environment and Water Resources Groups• Water Providers• Farming Interests• Tony Laws (Waters and Rivers) Chair• Chamber of Commerce and Industry• Irrigation Representatives

FOR FURTHER PARTICULARS ABOUT THE COMMITTEE PLEASE CALL:Sandra FranzWater and Rivers9278 0434



FOR FURTHER PARTICULARS ABOUT THE NOMINATION PROCESS PLEASECALL:Marianne CareyW.A. Local Government AssociationPh: 08 9213 2013 or email [email protected]

VOTING INFORMATIONAt the close of the nomination period the Selection Committee will meet and makerecommendations to the State Council Meeting scheduled for Wednesday 7 August2002.

GENDER EQUALITY:It should be noted that the Government is committed to providing equal selectionopportunity for both genders and the W.A. Local Government Association encouragesnominations accordingly.

No nominations were received.

B. VACANCY FOR: W.A. LOCAL GOVERNMENT ASSOCIATION MEMBERSVISITOR CENTRE ASSOCIATION OF W.A. EXECUTIVE COMMITTEEMETROPOLITAN MEMBER METROPOLITAN DEPUTY MEMBERCOUNTRY MEMBER COUNTRY DEPUTY MEMBER

BACKGROUND:



QUALIFICATIONS:Elected members with a knowledge of and interest in visitor needs and tourism ingeneral.

TERM:The term of each appointment is for three years.

COMMENCES:Upon appointment.



CURRENT REPRESENTATIVE AND REASON FOR VACANCY:This is a new committee that is being formed that is taking over the advice giving roleof the former Visitor Servicing Reference Group which provided expert advice onvisitor servicing issues including feedback on the WA Tourism Network to the WATourism Commission. The Visitor Centre Association of Western Australia wasformally the Country Tourism Association of Western Australia.

MEETINGS: Bi-monthlyLOCATION: Boardroom, Tourism Commission, PerthDAY/TIME: To be advisedDURATION: 2- 3 hoursMEETING FEE: No meeting fees or travel allowance is available for these

positions

SELECTION CRITERIA:Nominee to address the following Selection Criteria:• To be a current Elected Member• Availability of the applicant to undertake the responsibility• Relevant skills in the area• Demonstrated interest in the position• Capacity of the applicant to represent the interest of Local Government and the

Association• Relevant experience and qualifications that are applicable to the position.

TERMS OF REFERENCE:This committee has the vision “To be the best visitor servicing industry body inAustralia”.

BOARD MEMBERSHIP:The Board will have representation from:• The Chairman• The Vice Chairman• Five industry representatives• Two local government representatives

FOR FURTHER PARTICULARS ABOUT THE COMMITTEE PLEASE CALL:Mr Robert MillarChairmanVisitor Centre Association of Western AustraliaPO Box 335LEEDERVILLE WA 6903Ph: 9574 2885Mobile: 0417 969 341




VOTING INFORMATIONAt the close of the nomination period the Selection Committee will meet and makerecommendations to the State Council Meeting scheduled for 7 August 2002.



C. VACANCY FOR: W.A. LOCAL GOVERNMENT ASSOCIATION MEMBERSPERTH BIODIVERSITY PROJECT MANAGEMENT GROUP TWOMEMBERS ONE DEPUTY MEMBER

BACKGROUND:



QUALIFICATIONS:A metropolitan based Elected Member or Serving Officer with a knowledge of andinterest in biodiversity and its management.

TERM:The term of the appointment is three years.


CURRENT REPRESENTATIVE AND REASON FOR VACANCY:This is a newly formed Management Group.

MEETINGS: MonthlyLOCATION: Local Government HouseDAY/TIME: To be advisedDURATION: 2-3 hoursMEETING FEE: No meeting fees or travelling allowances

SELECTION CRITERIA:



Nominee to address the following Selection Criteria:

• To be a current Elected Member/Serving Officer of a Local Government in thePerth Metropolitan Region Scheme Area.

• Availability of the applicant to undertake the responsibility.• Relevant skills in the area.• Demonstrated interest in the position.• Capacity of the applicant to represent the interest of Local Government and the

Association.• Relevant experience and qualifications that are applicable to the position.

TERMS OF REFERENCE:The Terms of Reference for the Perth Biodiversity Management Group are asfollows:

• Guide the overall development and implementation of the project.• Further the project’s objectives within partner organisations and other project

stakeholders.• Monitor progress with respect to project objectives, targets and outputs.• Establish, participate in and review the output of Working Groups.• Establish the Assessment Panel and review the Funding Programme prior to

WALGA approval.• Advise the Programme Manger regarding any aspects of the project.• Reefer matters affecting Local Government to the Reference Group.

BOARD MEMBERSHIP:The Board will have representation from:

• CALM• DPI• EPA• Swan Catchment Council• Urban bushland Council• Greening WA

FOR FURTHER PARTICULARS ABOUT THE COMMITTEE PLEASE CALL:Mr Andrew Del MarcoPerth Biodiversity Project ManagerPh: 9213 21047


VOTING INFORMATION



At the close of the nomination period the Selection Committee will meet and makerecommendations to the State Council Meeting scheduled for 7 August 2002.



D. VACANCY FOR: W.A. LOCAL GOVERNMENT ASSOCIATION MEMBERDOLA COMMUNITY TITLES ADVISORY COMMITTEE MEMBER

BACKGROUND:



QUALIFICATIONS:An Elected Member or Serving Officer with a knowledge/interest in Strata Titlesissues.

TERM:The term of the appointment is two years.


CURRENT REPRESENTATIVE AND REASON FOR VACANCY:This Committee has been re-constituted by the Minister for the purpose of assistingDOLA in its review of the Strata Titles Act 1985. The sitting members of thepreviously convened committee were Cr Alan Richardson from the City of Belmontand Cr Laurance Goodman from the City of Perth. Cr Richardson is eligible torenominate for this newly re-constituted committee.

MEETINGS: Every two monthsLOCATION: REIWA House, Hay St, SubiacoDAY/TIME: Wednesday at 5pmDURATION: Approximately two hours



MEETING FEE: $50 for the member attending and travel allowance in accordancewith Public Sector standards

SELECTION CRITERIA:Nominee to address the following Selection Criteria:• To be a current Elected Member or Serving Officer• Availability of the applicant to undertake the responsibility• Relevant skills in the area• Demonstrated interest in the position• Capacity of the applicant to represent the interest of Local Government and the

Association• Relevant experience and qualifications that are applicable to the position

TERMS OF REFERENCE:The DOLA Community Titles Advisory Committee is required to provide informedinput into the review process of the Strata Titles Act 1995 as well as providing aninitial sounding board on industry and public views regarding the proposed changesto the Act.

BOARD MEMBERSHIP:The Board will have representation from:

• DOLA• Department of Planning and Infrastructure• Office of Strata Titles Referee• Water Corporation• REIWA• Institute of Surveyors WA• Law Society of WA• Aust Institute of Conveyancers WA Division• Urban Development Institute of Australia WA Division Inc• Strata Titles Institute• Representatives from single and multi tier strata titles schemes

FOR FURTHER PARTICULARS ABOUT THE COMMITTEE PLEASE CALL:Mr Eric HorlinExecutive OfficerCTACPO Box 2222MIDLAND WA 6936Ph: 9273 7422




VOTING INFORMATIONAt the close of the nomination period the Selection Committee will meet and makerecommendations to the State Council Meeting scheduled for 7 August 2002.



452/02 URGENT BUSINESSNil

The Lord Mayor declared the meeting closed at 8.19pm with Councillors McEvoy,Davidson, MacGill, Scaffidi, Stroud, Sutherland, Tan and Tudori in attendance.

city of perth index tender no 075-2001/2002 supply and delivery of multi-function lighting poles for...

Documents