confirmed minutes ordinary council …...24.03.2015 council meeting minutes confirmed 14.04.2015 c6...

File Code: OR.MTG 5/1

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING

24 MARCH 2015 .

24.03.2015 COUNCIL MEETING MINUTES CONFIRMED 14.04.2015

C1 MARCH 2015

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING 24 MARCH 2015

ATTENTION/DISCLAIMER

The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by an Elected Member or employee, or on the content of any discussion occurring during the course of the Meeting. Persons should be aware that regulation 10 of the Local Government (Administration) Regulations 1996 establishes procedures to revoke or change a Council decision. No person should rely on the decisions made by Council until formal written advice of the Council decision is received by that person. The Shire of Mundaring expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by an Elected Member or employee, or the content of any discussion occurring during the course of the Council Meeting.

LEGEND To assist the reader, the following explains the method of referencing used in this

document:

Item Example Description Page Numbers C1 MARCH 2015

(C2, C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for March 2015

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Employees”

Council Decision Reference

C7.03.15 Council Decision number 7 from Council meeting March 2015


C2 MARCH 2015

CONTENTS

1.0 OPENING PROCEDURES 4

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 4

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 5

3.0 RECOGNITION AND AWARDS 5

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5

5.0 PUBLIC QUESTION TIME 5

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 7

C1.03.15 ........................ 7

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 7

C2.03.15 ........................ 7 7.1 PERMISSION TO SPEAK FOR MEMBERS OF PUBLIC PRESENT ................................ 8

C3.03.15 ........................ 8

8.0 PRESENTATIONS 8

9.0 DISCLOSURES OF INTERESTS 8

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ........................ 8

9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY .......................................... 8

10.0 REPORTS OF COMMITTEES 8

11.0 REPORTS OF EMPLOYEES 9

11.1 LOCAL PLANNING SCHEME 4 - AMENDMENT NO. 1 – ADDITIONAL MODIFICATIONS PROPOSED ................................................................................................. 9

C4.03.15 ...................... 16 11.2 NO.155 (LOT 489) HOLBROOK ROAD, GLEN FORREST – PROPOSED OVERSIZED

AND OVER HEIGHT OUTBUILDING ................................................................... 18 C5.03.15 ...................... 23

11.3 REVIEW OF FREQUENCY OF ORDINARY COUNCIL MEETINGS ............................... 31 C6.03.15 ...................... 35

11.4 LOCAL GOVERNMENT ELECTIONS 2015 .......................................................... 36 C7.03.15 ...................... 38

11.5 FINANCIAL ACTIVITY STATEMENT – FEBRUARY 2015 ......................................... 39 C8.03.15 ...................... 42

11.6 PAYMENT BETWEEN MEETINGS – JANUARY 2015 .............................................. 54 C9.03.15 ...................... 55

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 86


C3 MARCH 2015

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 86

13.1 ELECTED MEMBERS ..................................................................................... 86

13.2 EMPLOYEES ............................................................................................... 86

14.0 MATTERS BEHIND CLOSED DOORS 87

7.44PM MEETING CLOSED TO PUBLIC ....................................................................... 87 C10.03.15 .................... 87

14.1 NOMINATION OF BUILDING ENVELOPE AND VARIATION TO TOWN PLANNING SCHEME 6. AT NO. 390 (LOT 41) ROBINSON ROAD, MAHOGANY CREEK ............... 88

C11.03.15 .................... 88 7.54PM MEETING OPENED TO PUBLIC ...................................................................... 89

C12.03.15 .................... 89

15.0 CLOSING PROCEDURES 89

15.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................ 89

15.2 CLOSURE OF THE MEETING ........................................................................... 89


C4 MARCH 2015

ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.35pm. To be read out aloud by the Presiding Person Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors

Nil 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Cr H Dullard (President) (Presiding Person) West Ward Members Cr B Perks Central Ward Cr A Pilgrim Central Ward Cr L Gu Central Ward Cr P Bertola East Ward Cr S Fox East Ward Cr J Daw East Ward Cr D Jones (Deputy President) South Ward Cr T Cook South Ward Cr D Lavell South Ward Staff Mr J Throssell Chief Executive Officer Ms M Griffiths Director Strategic & Community Services Mr M Luzi Director Statutory Services Mr P O'Connor Director Corporate Services Mr S Purdy Director Infrastructure Services Mr A Money Manager Planning Services Ms C Allen Communications Officer Ms M Beley Minute Secretary Apologies Cr P Clark West Ward Absent Nil Leave of Cr T Cuccaro West Ward Absence Guests Nil Members of the Public

8

Members of the Press

Sarah Brookes The Echo Newspaper


C5 MARCH 2015

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

Shire President announced that Ted Barbour, who is a longstanding member of our community passed away yesterday. He was a former shire president; his photo is displayed in the gallery. On behalf of Council we will be sending our condolences and attending the funeral. Ted was a fantastic long term community member with St John Ambulance, the Hills Community Support Group, his local church and the Fire Brigades. He will be a loss to the community.

3.0 RECOGNITION AND AWARDS Nil 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE Nil

5.0 PUBLIC QUESTION TIME

Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government. Note: This is not a verbatim record of questions asked and answers given. It is a summary only.

Name & Question Response

Peter Gavranich – 54 Pittersen Road, Darlington

1. Why do ratepayers and residents have to put up with the unsightly view of an extra-long commercial truck and accompanying caravans in a residential fire zoning at number 14 Lobelia Drive, Darlington as they destroy amenity, streetscape and aesthetic enjoyment which needs the Shire of Mundaring’s intervention to correct?

The Director Statutory Services responded the Shire was not aware of this issue and will now investigate the matter.

2. I wish to lodge a complaint about the erection of a limestone block retaining wall.

The Shire President advised Mr Gavranich if he wished to lodge a complaint he should attend the front counter to lodge the complaint in writing.


C6 MARCH 2015

3. The backyard of number 2 Lobelia Drive, Darlington is fast becoming junkyard as a home business and is quickly destroying amenity, streetscape and aesthetics of the local community and the Shire of Mundaring needs to correct by applying mandated local law and due process and I ask when are these matters going to be addressed?

The Shire President responded the matter will be investigated.

Amanda Pringle - 70 Forsyth Place, Chidlow

1. Given the growing opposition to mining in the area, will the Shire and all Councillors be objecting to the BAJV application for bauxite mining in the Shire under section 120 of the Mining Act.

The Shire President advised she cannot give an undertaking that Council or all Councillors will be objecting to this. Council is being kept well informed of the development and we are watching it for the community.

2. At what point do ratepayers put their view forward to the Councillors whilst you’re making your decisions?

The Shire President advised she believed it’s the company that’s organising and requesting all the feedback so ratepayers need to talk to the people that are doing it.

3. From the mining perspective, however, this is more for ratepayers opposed to the mining.

The CEO advised Council hasn’t been asked to express a view, as yet. If and when that occurs that’s when Council can determine the extent of ratepayer input.

4. Are you aware under section 120 of the Mining Act you do have the ability to make, through what your ratepayers wish, the ability to oppose or accept the mining proposal.

The Shire President responded we are not at that point yet.


C7 MARCH 2015

Eric Smith – Glen Forrest

1. Bilgoman swimming pool complex was recently reconstructed. What was the real cost, not the budgeted cost of the reconstruction? What loans were obtained and how much were they? Where did the loans come from? What grants were forthcoming to assist the reconstruction? What delays occurred and what were they? What was the cost to us ratepayers for this reconstruction or our portion of the ratepayers’ portion of the cost? When is Council going to consider the enclosing of the Bilgoman swimming pool so that it can be used all year round?

The Shire President advised she would take the questions on notice.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE

COUNCIL DECISION C1.03.15 MOTION Moved by: Cr Lavell Seconded by: Cr Cook

That Cr Lavell be granted leave of absence from all meetings of Council for the period 20 April to 15 May 2015 inclusive. CARRIED 10/0

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C2.03.15 RECOMMENDATION Moved by: Cr Jones Seconded by: Cr Lavell

That –

1. the minutes of the Ordinary Council Meeting held 24 February 2015 be confirmed; and

2. the minutes of the Special Council Meeting held 10 March 2015 be confirmed.

CARRIED 10/0


C8 MARCH 2015

7.1 Permission to Speak for Members of Public Present

COUNCIL DECISION C3.03.15 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Fox

That: 1. members of the public in attendance in person be permitted to speak in

relation to a matter on the agenda of this meeting at the time the matter is discussed during the meeting where such person has a demonstrated interest in the matter;

2. such permission be subject to the ruling of the Presiding Person with

regards to the duration of any comment made, the number of speakers wishing to speak on a particular matter and demonstrated interest.

CARRIED 10/0

8.0 PRESENTATIONS Nil

9.0 DISCLOSURES OF INTERESTS 9.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995).

Nil

9.2 Disclosure of Interest Affecting Impartiality Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil 10.0 REPORTS OF COMMITTEES

Nil


C9 MARCH 2015

11.0 REPORTS OF EMPLOYEES 11.1 Local Planning Scheme 4 - Amendment No. 1 – Additional Modifications

Proposed

File Code PS.TPS 4.1.01 Location / Address Shire of Mundaring Landowner Various Applicant Shire of Mundaring Zoning Various Area N/A Use Class Various Ward All Author Angus Money, Manager Planning Services

Christopher Jennings, Strategic Planning Officer Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

SUMMARY Council endorsement is sought to adopt three additions to Amendment No.1 to Local Planning Scheme 4 (‘the Amendment’) prior to initiating public advertising. The modifications relate to:

• Signage; • Outbuildings; and • “Transport Depot” definition.

BACKGROUND At its meeting 9 December 2014, Council resolved to initiate the Amendment which involves a range of refinements and improvements to Local Planning Scheme No. 4 (LPS4). It is expeditious to incorporate the additional matters outlined below into the Amendment. Advertisements Advice from the Department of Local Government’s Joint Standing Committee on Delegated Legislation has expressed a preference for local governments to control advertisements within their respective Schemes as opposed to the local laws. This Amendment proposes to include additional provisions for Advertisements that are not otherwise exempt from approval.


C10 MARCH 2015

Outbuildings The outbuilding proposal detailed within Item 11.2 is the first non-compliant outbuilding on an undersized Rural Residential 1 (RR1) zoned lot. The application highlights a disparity between maximum floor areas permitted in undersized RR1 properties as opposed to RR1 properties above 1ha in size. It is the intention of this Amendment to correct the disparity by setting more reasonable and logical floor area size limits; thereby enabling the Shire to maintain its strong stance in opposing oversized outbuildings. Definition of ‘Transport Depot’ Recent legal advice has confirmed that the current definition of a ‘Transport Depot’ prevents Council from considering more than one (1) commercial vehicle as part of commercial vehicle parking proposals. This appears to be an oversight during the drafting of LPS4. STATUTORY / LEGAL IMPLICATIONS The process for amending a local planning scheme is specified in the Planning and Development Act 2005 and the Town Planning Regulations 1967. The process includes referral to the Environmental Protection Authority (‘EPA’) for a decision as to whether or not to assess the Amendment pursuant to the Planning and Development Act 2005 and the Environmental Protection Act 1986. The EPA has responded to the initial Amendment 1 and has confirmed that it does not need to be assessed under Section 48 of the Environmental Protection Act 1986. If supported by Council, the proposed additional amendments contained in this report will need to be referred to EPA, prior to Amendment 1 being advertised. POLICY IMPLICATIONS A review of the Shire’s Commercial Vehicle Parking Policy is underway, however it has been identified that a change is required to the definition of ‘transport depot’, and its prudent for this to occur in conjunction with this review. There is likely to be a need for redrafting the Shire’s Signage Local Law into a planning policy at a future stage. FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS A key point of the Shire’s Strategic Community Plan 2013-2023 is to ensure “balanced development” occurs in a manner which protects the environment and maintains the hills/village lifestyle.


C11 MARCH 2015

The Amendment seeks to reaffirm matters to be considered Advertisements requiring approval under the scheme and will assist in the preservation of amenity and visual qualities of the Shire. Refining the maximum floor area threshold for outbuildings would allow for slightly larger outbuildings to be approved on a small number of undersized RR1 zoned properties. Existing safeguards to ensure the protection of local and neighbour amenity and the protection of Local Natural Area’s on Rural Residential lots are considered satisfactory to address amenity concerns. Self-sufficiency and home-based employment was recognised as a key issue for the Mundaring community within the Shire’s Local Planning Strategy. Ensuring LPS4 is generally consistent with the Shire’s established policy position on commercial vehicle parking will assist in facilitating (appropriate) alternative work opportunities for residents. The Amendment is considered consistent with the intent expressed within the Strategic Community Plan and the Shire’s Local Planning Strategy. SUSTAINABILITY IMPLICATIONS Sustainability implications are discussed above. RISK IMPLICATIONS Nil EXTERNAL CONSULTATION Should Council resolve to include the proposed modifications within Omnibus Amendment No.1, these modifications will be forwarded to the relevant state government agencies for comment and to the wider community for a period of 42 days, at the conclusion of which, Council will consider submissions made on the proposal in a subsequently Council report. COMMENT Advertisements Following is an outline of the Shire’s current planning controls Advertisements. Local Planning Scheme No. 4 Consistent with the provisions of the Model Scheme Text contained in Appendix B of the Town Planning Regulations 1967, LPS4 contains a schedule of exempted advertisements (Schedule 5). The corresponding provision which exempts Advertisements within this schedule from planning approval is contained in section 8.2(f). For those advertising proposals that are not exempted, planning approval is required in accordance with the provisions of LPS4.


C12 MARCH 2015

Outside of these provisions, the setback and height requirements relative to the zone and general objectives apply. Given that it is a reasonable expectation for such proposals to be located closer to the street alignment than allowed for the primary building, the inclusion of performance-based assessment criteria within the scheme would be beneficial. Officers are currently assessing large billboards proposals along Great Eastern Highway. The heavily vegetated road reserves represent a defining feature of the Shire of Mundaring. Billboards could significantly compromise this character and established amenity. While the LPS4 objectives, development standards and the Shire’s Signage Local Law are still considered sufficient to appropriately determine such applications, it is prudent that the Shire incorporate the following additional over-arching objectives to further preserve the amenity of the relevant zones and the natural attributes of the Shire.

Advertising, not otherwise exempt under Schedule 5, must: (a) not detract from or erode the visual qualities and character of a

particular locality and/or transport corridor; and (b) be associated with the operation or business on the subject site; and (c) not be misleading or dangerous; and (d) be of a size and scale that is proportionate to the realistic needs of

local commerce in the locality; and (e) be designed to minimise visual clutter. (Note: Advertising proposal must also not conflict with the objectives set out

in this Scheme for the applicable zone). The proposed objectives are informed by the Shire’s former Town Planning Scheme No. 3 and are consistent with other operative Local Planning Schemes in the state. Outbuildings Maximum floor area thresholds within LPS4 responded to the demand for outbuildings while also preserving amenity. The thresholds reflect past Council practice and are consistent with sizes that were approved by Council. Since the gazettal of LPS4, the thresholds have been well accepted by landowners, the industry and the State Administrative Tribunal as the maximum permitted. It has more recently become apparent that landowners of undersized Rural Residential 1 zoned lots (i.e. those that fall below 1 hectare) are disadvantaged with the applicable floor area thresholds. In particular, RR1 properties over 1 hectare (or 10,000sqm) can have a 200sqm outbuilding while a property of 9485sqm is limited to a 120sqm outbuilding. The application detailed in Item 11.2, represents the first instance where a variation to the floor area of an outbuilding has been sought on a Rural Residential zoned lot that is less than 1 hectare. Of the 758 RR1 zoned lots within the Shire, only 272 (or 35%) of those fall below 1 hectare. Due to the Shire’s previous Rural Subdivision Policy (since revoked)


C13 MARCH 2015

that allowed for a 10% variation to Rural Landscape lot sizes, there is a high portion of RR1 lots (i.e. 20%) sized between 0.9 -1ha. These properties are currently restricted to a 120sqm outbuilding, whereas a property 1ha or above could accommodate a 200sqm outbuilding, which is a notable disparity in development rights, even though the land areas are similar. Provision 5.9.12.1 requires that RR1 zoned lots less than 1 hectare must comply with the equivalent residential density code - typically being R2.5 (which is a 4000sqm lot). It is considered that the intent of this clause is still warranted particularly for those lots below 5000sqm (i.e. approximately 48% of the undersized RR1 lots). To maintain the Shire’s ‘generous but prescriptive’ approach, it is reasonable to introduce a new threshold for undersized RR1 properties. Lots above 5000sqm are larger than any standard Residential R2.5 zoned lot size (minimum 4000sqm), and represent a logical half-way point up to 1 hectare. Similarly, setting a new floor area threshold at 160sqm represents the half-way point from the current 120sqm and 200sqm limits, (refer to the Table 1 and 2 below). An 8000sqm Residential R2.5 zoned property could theoretically be subdivided into two 4000sqm lots with each lot accommodating a 120sqm outbuilding, totalling 240sqms. Hence allowing a 5000sqm Rural Residential property an additional 40sqm of outbuilding floor area is considered a minor concession. In relation to wall and roof heights of outbuildings within the proposed threshold (5000sqm-1ha), it is recommended the maximum wall and roof heights reflect those applicable to Rural Residential lots above 1ha. Table 1. Existing LPS No.4 Lot Sizes No.

of Lot % of total

RR lots under

1ha

Equivalent R-Coding

Below 1000 10 4% n/a 70sqm or 10% of area of lot, whichever is lesser

1000-2000 12 5% R10 75sqm 2000-3000 30 11% R5 90sqm 3000-4000 11 4% R2.5 120sqm 4000-5000 66 24% R2.5 120sqm 5000-6000 25 9% R2.5 120sqm 6000-7000 23 8% R2.5 120sqm 7000-8000 19 7% R2.5 120sqm 8000-9000 16 6% R2.5 120sqm 9000-9999 60 22% R2.5 120sqm 10000+ 486 n/a 200sqm


C14 MARCH 2015

Table 2. Proposed Approach (Amendment No.1) Lot Sizes No.

of Lot % of total

RR lots under

1ha

Equivalent R-Coding

Below 1000 10 4% n/a 70sqm or 10% of area of lot, whichever is lesser

1000-2000 12 5% R10 75sqm 2000-3000 30 11% R5 90sqm 3000-4000 11 4% R2.5 120sqm 4000-5000 66 24% R2.5 120sqm 5000-6000 25 9% R2.5 160sqm 6000-7000 23 8% R2.5 160sqm 7000-8000 19 7% R2.5 160sqm 8000-9000 16 6% R2.5 160sqm 9000-9999 60 22% R2.5 160sqm 10000+ 486 n/a 200sqm At its meeting on 19 December 2014, Council resolved to amend clause 5.9.12.1 to make some minor corrections. The following excerpt incorporates both the amendments approved by Council and a proposed new threshold for undersized RR1 lots.

“5.9.12 Outbuildings 5.9.12.1 For any lot below 1ha 0.5 ha in the Rural Residential zone, the floor area and wall height requirements in sub clauses 5.8.9.2 to 5.8.9.5 applying to the highest lowest density code for which that lot would meet or exceed the minimum site area per dwelling in the Residential Design Codes shall apply. 5.9.12.2 For lots from 0.5ha to 1 ha: (a) the total area of all outbuildings on the lot shall not exceed 160 m2; (b) wall, roof and setback requirements shall accord with those specified in clause 5.9.12.3. 5.9.12.3 For lots from 1 to 2 ha: (a) the total area of all outbuildings on the lot shall not exceed 200 m2; (b) the maximum wall height shall be 4.0 metres and the maximum roof height shall be 5.0 metres; (c) the minimum setbacks to side, rear and secondary street boundaries for outbuildings shall be as follows: Secondary street: 20 metres Side: 5 metres Rear: 5 metres;”

Transport Depot Definition Following an initial review of the Commercial Vehicle Parking Policy and based on recent legal advice, it has become apparent that the definition of “transport depot” unintentionally limits all proposals for commercial vehicle parking to one (1) vehicle.


C15 MARCH 2015

“transport depot” means premises used for the parking or garaging of two or more commercial vehicles, or premises used for the transfer of goods or people from one such vehicle to another and includes the maintenance and repair of such vehicles;

The underlying intent of commercial vehicle parking is to enable Council to entertain, in appropriate circumstances, owners/occupiers to park a commercial vehicle associated with their mobile related business/services. It enables landowners/occupiers the convenience to park a vehicle at their place of residence after work. It also assists in the viability of small businesses in the Shire, as these residents would otherwise have to lease or purchase another site, for the sole purpose to park their commercial vehicle. Without modifying the ‘transport depot’ definition, Council currently has no choice but to refuse applications involving two (or more) commercial vehicles even if the Council concludes, following an assessment and consultation, that the amenity of the area can be satisfactorily preserved. Two commercial vehicles may legitimately form an essential part of a business, particularly where:

• more than one family member (occupying the site) is involved in the business and operates a vehicle; or,

• where the applicant owns a truck and a large trailer and the trailer is only used occasionally.

Notwithstanding the above, more than two (2) commercial vehicles is considered undesirable, as it is likely to result in employees travelling to a particular site to pick up the extra commercial vehicle. In essence, this should constitute a ‘transport depot’ and is fundamentally inconsistent with the intent of commercial vehicle parking. Under the previous Town Planning Scheme No.3 (TPS3), two or more commercial vehicles on a property could be entertained. Based on the above discussion and in light of the numerous Council approvals for two vehicles in the past, it seems reasonable to correct, what appears to be an oversight, of the absolute cap from one (1) commercial vehicle parking to two (2) vehicles. If supported, this change will still strengthen the Shire’s position from TPS3 as any proposals involving three (3) or more commercial vehicles cannot be entertained and, once refused, applicants would have no right of appeal. Importantly, any commercial vehicle proposal, whether involving one or two vehicles, would still be required to comply with the objectives of the relevant zone (including the preservation of amenity) and the Shire’s existing Commercial Vehicle Policy. The review of the policy is underway and will be progressed in parallel with the Amendment process. It is therefore recommended that the definition of ‘transport depot’ be modified to refer to ‘…three or more commercial vehicles…’. In summary, the proposed modifications will refine, enhance and clarify matters relative to advertisements, outbuildings and commercial vehicle parking in LPS4 and it is recommended that Council initiate the amended wording within Amendment 1 for the purpose of advertising.


C16 MARCH 2015

VOTING REQUIREMENT Simple majority COUNCIL DECISION C4.03.15 RECOMMENDATION Moved by: Cr Jones Seconded by: Cr Pilgrim That Council: A. Pursuant to Section 75 of the Planning and Development Act 2005 and

Regulations 13 and 25 of the Town Planning Regulations 1967, resolves to adopt and include the following changes to Amendment No.1 to Local Planning Scheme No.4 to amend that Scheme by:

1. Inserting the following as clause 5.7.33 Advertising, not otherwise exempt under Schedule 5, must: (a) not detract from or erode the visual qualities and character of a

particular locality and/or transport corridor; and (b) be associated with the operation or business on the subject site;

and (c) not be misleading or dangerous; and (d) be of a size and scale that is proportionate to the realistic needs

of local commerce in the locality; and (e) be designed to minimise visual clutter. (Note: Advertising proposal must also not conflict with the objectives

set out in this Scheme for the applicable zone). 2. Inserting “5.7.32 Advertisements” in the Table of Contents and

renumbering the Table of Contents accordingly. 3. Inserting the following as Clause 5.9.12.1: …“5.9.12 Outbuildings 5.9.12.1 For any lot below 0.5 ha in the Rural Residential zone, the floor

area and height requirements in sub clauses 5.8.9.2 to 5.8.9.5 applying to the lowest density code for which that lot would meet or exceed the minimum site area per dwelling in the Residential Design Codes shall apply.

5.9.12.2 For lots from 0.5 ha to 1 ha: (a) the total area of all outbuildings on the lot shall not exceed 160

m2; (b) wall, roof and setback requirements shall accord with those

specified in clause 5.9.12.3. 5.9.12.3 For lots from 1 to 2 ha:


C17 MARCH 2015

(a) the total area of all outbuildings on the lot shall not exceed 200 m2; (b) the maximum wall height shall be 4.0 metres and the maximum roof

height shall be 5.0 metres; (c) the minimum setbacks to side, rear and secondary street boundaries

for outbuildings shall be as follows: Secondary street: 20 metres Side: 5 metres Rear: 5 metres;…” 4. Insert the following as the definition of Transport Depot: “transport depot” means premises used for the parking or garaging of

three or more commercial vehicles, or premises used for the transfer of goods or people from one such vehicle to another and includes the maintenance and repair of such vehicles;

B. Forwards Amendment No. 1 to:

i) the Environmental Protection Authority for a decision as to whether or not to assess the Amendment pursuant to Section 81 of the Planning and Development Act 2005 and Section 48A of the Environmental Protection Act 1986; and

ii) the Western Australian Planning Commission for information,

pursuant to Regulation 25 of the Town Planning Regulations 1967.

C. Advertises the amendment for public comment for a period of 42 days to the satisfaction of the Director Statutory Services, subject to any requirements of the Environmental Protection Authority in response to B (i) above, pursuant to Regulations 14 and 25 of the Town Planning Regulations 1967.

D. Directs the CEO to refer the Amendment back to Council for consideration

of submissions and to make a recommendation on final approval after the public comment period.

CARRIED 10/0

Next Report


C18 MARCH 2015

11.2 No.155 (Lot 489) Holbrook Road, Glen Forrest – Proposed Oversized and Over Height Outbuilding

File Code Ho 2.155 Location / Address See ATTACHMENT 1 Landowner Mr AR & Mrs AJ Flood Applicant Mr AR & Mrs AJ Flood Zoning LPS4 – Rural Residential (RR1)

MRS – Rural Area 9,485sqm Use Class ‘P’ Ward Central Author Marielle Bradfield, Planning Officer Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

SUMMARY Planning approval is sought for an oversized and over height outbuilding on a Rural Residential zoned lot. This proposal represents the first variation to a Rural Residential lot below 1 hectare and raises a broader question as to whether Council should exercise its discretion more liberally for proposals that fall within this particular scenario. As the applicant has carefully positioned and orientated the outbuilding to minimise the visual and environmental impact it is recommended that Council approve the proposed outbuilding with conditions. BACKGROUND The subject property is located on the northern side of Holbrook Road in Glen Forrest. There is an existing dwelling, swimming pool and outbuilding on the property, which fall within the designated building envelope on site. The applicant intends to replace the old outbuilding with this proposal. The proposed outbuilding is to be located behind the front building line of the dwelling and to the west of the existing building envelope. The outbuilding will have the following specifications: • Area: 160sqm (enclosed outbuilding area) with an unenclosed 40sqm carport

to northern side • Total Outbuilding Area: 160sqm (the existing outbuildings on site are

proposed to be removed). • Wall Height: 4m


C19 MARCH 2015

• Roof Height: 5m • Setbacks: 21.5m from western side boundary, over 30m setback from the

street boundary • Materials: Colorbond – walls and roof to be finished in a natural dark green

tone The western end of the property is identified for ‘protection’ and is mapped as a Local Natural Area (LNA). The south western corner of the existing building envelope partially crosses over the LNA. The outbuilding will be located just outside the existing building envelope along its western end. Part of this area is mapped as LNA. The applicant is seeking to extend the existing building envelope to the west to encompass the proposed outbuilding. Assessment of Local Natural Area: An officer from the Shire’s Environment Services conducted a site inspection on the 28 November 2014 to assess the quality of vegetation mapped as LNA within the proposed development site. It was found that this area consisted of sparse ‘flinders wattle’, which is an invasive weed species. The proposed development would require the removal of a few small trees with individual trunk diameters no greater than 200mm, and the removal of a few grass trees, which the applicant proposes to relocate on site. During the course of the site inspection, it was identified that an area of vegetation located to the north west of the proposed development is not mapped as LNA. This vegetation is more pristine and of higher quality than the vegetation currently mapped as LNA within the proposed development site. To offset the encroachment of development into the existing LNA, the applicant has provided a revised LNA map for the site. The revised mapping shows the removal of 241.3sqm of designated LNA to accommodate the proposed outbuilding on site, and encompasses an additional 399.2sqm area of vegetation to be included as LNA. Therefore the overall area of designated LNA on the site will be increased by 158sqm. The revised mapping will ensure the future protection of this high quality area vegetation on site. Environment Services have confirmed they support this proposal. STATUTORY / LEGAL IMPLICATIONS The proposal constitutes development under the Planning and Development Act 2005 and requires planning approval under the Shire’s Local Planning Scheme No. 4 (LPS4). LPS4 clearly stipulates a maximum floor area permitted for outbuildings for each zone, and it is the intent of the Scheme to ensure this is adhered to, to preserve the amenity of individual areas and ensure a precedent is not set for oversized outbuildings across the Shire. As such, since the gazettal of LPS4, Council has consistently refused applications proposing oversized outbuildings. The most relevant decision


C20 MARCH 2015

relates to a 1.8 hectare Rural Residential (RR1) property at 240 Yallara Rise, which proposed a 318sqm total outbuilding area in lieu of the 200sqm required by LPS4. The applicant appealed Council’s decision and the matter was resolved in meditation where the outbuilding was brought back into compliance with LPS4. The application before Council represents the first instance where a variation to the floor area of an outbuilding has been sought on a Rural Residential zoned lot that is less than 1 hectare. Section 5.5 of LPS4 enables the Shire to vary site and development standards and requirements where appropriate. POLICY IMPLICATIONS • Shire of Mundaring’s Public Comment on Planning Proposals Policy • Local Planning Strategy FINANCIAL IMPLICATIONS Should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. STRATEGIC IMPLICATIONS A key point of the Shire’s Strategic Community Plan 2013-2023 is to ensure “balanced development” occurs in a manner which protects the environment and maintains the hills/village lifestyle. The proposed outbuilding will located behind the front building line of the dwelling and will be substantially screened from view from the street by existing vegetation on site. The development will be finished in a natural earthy green tone to blend in with the surrounding landscape. The proposal also incorporates the revised mapping of LNA across the site to ensure the protection of the most pristine and high quality vegetation on site. SUSTAINABILITY IMPLICATIONS The proposal involves an overall increase in the LNA mapped on the site and therefore offers net environmental benefit. The social and economic implications from the proposal are considered to be minimal. RISK IMPLICATIONS As noted above, should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. Should Council approve the proposal, it is reasonable to assume that other landowners with undersized Rural Residential (RR1) properties will seek similar


C21 MARCH 2015

variations. Given the positive aspects of the proposal (as discussed below), it is considered that a decision to approve a variation in this instance would actually set a positive precedence moving forward for undersized RR1 properties. EXTERNAL CONSULTATION Consultation was conducted by the Shire in accordance with the Shire’s Public Comment of Planning Proposals Policy. The proposal was referred to surrounding landowners for a period of 14 days, and one letter of no objection was received. No other comments were received from surrounding landowners. COMMENT The proposal has been assessed against relevant objectives and development provisions of LPS4. It generally complies, with any exceptions identified in the table below.

Local Planning Scheme No. 4

Scheme Requirement / Clause Assessment / Comment 5.9.12 Outbuildings 5.9.12.1 For any lot below 1 ha in the Rural Residential zone, the floor area and wall height requirements in subclauses 5.8.9.2 to 5.8.9.5 applying to the highest density code for which that lot would meet or exceed the minimum site area per dwelling in the Residential Design Codes shall apply. 5.8.9 Outbuildings 5.8.9.5 On land coded R2.5: (a) the total area of all outbuildings on the lot shall not exceed 120sqm; (b) the maximum wall height shall be 3.5 metres

The outbuilding will have a floor area of 160sqm in lieu of 120sqm and a wall height of 4m in lieu of 3.5m. Importantly, the provisions for an outbuilding on a Rural Residential lot from 1 to 2 ha are as follows: • Total outbuilding area shall not

exceed 200sqm • Maximum wall height 4m • Maximum roof height: 5m The proposed 160sqm floor area outbuilding comfortably falls between the (as of right) maximums within the scheme of 120sqm and 200sqm range. Given the subject lot is 9,485sqm and only 515sqm shy of 1 hectare, the size of the outbuilding is in keeping with the size and scale of the landholding. The proposed 160sqm outbuilding is therefore not considered to have a significant impact in terms of its bulk, scale and appearance relative to a block of this size. Further, the outbuilding is orientated north-south (or perpendicular to the road) which minimises the visual impact when


C22 MARCH 2015

viewed from the Holbrook Road. In practical terms, a large lot necessitates a larger outbuilding particularly to store equipment required to maintain the property. The development will be finished in a natural green tone, heavily screened by existing vegetation on site, and setback sufficiently from the street, and neighbouring properties. The development will therefore have minimal impact on the visual amenity of the area. The variation to the floor area and minor variation to the wall height requirements are considered reasonable given the above considerations.

5.9.3 Local Natural Areas 5.9.3.2 Where a lot is partly within one or more Local Natural Areas identified in the Local Planning Strategy, any development on that lot, including a Single House and associated structures (including outbuilding(s)), shall be: (a) located in that portion of the lot outside the Local Natural Area(s); and (b) set back sufficiently from the Local Natural Area so as to avoid any need to remove or modify vegetation within the Local Natural Area in order to comply with the requirements of the Planning for Bush Fire Protection Guidelines (2010) or any successor document in force within the Shire at the time.

The proposed development will encroach partly into a mapped area of LNA on site. Environment Services conducted a site inspection and it was determined that this area of vegetation was partly disturbed and consisted on weed invasive species. An area to the north west of the proposed outbuilding is currently not designated as LNA on site and consists of more pristine, high quality vegetation than that of the development site.

To offset the encroachment of development into the existing LNA, the applicant has provided a revised LNA map for the site. The revised mapping includes the removal of an area of LNA on site for the development, but overall designates a new larger area of LNA on site to the north west of the development, ensuring the more high quality areas of vegetation are protected.

In summary, while the variation represents a departure from the Council’s position to generally oppose variations to the floor area of outbuildings, this is the first variation sought on an undersized Rural Residential (RR1) lot. The


C23 MARCH 2015

precedence a decision such as this may establish for undersized Rural Residential zoned lots is considered sensible and reasonable given the: • size of the landholding relative to the proposal outbuilding; • the orientation and design of the outbuilding on the site which minimises its

visual and environmental impact; and, • the resultant increase in Local Natural Area on the site which ensures the

high quality environmental assets on site are preserved for the foreseeable future.

After considering the content of this report, it is recommended that Council approve the proposed outbuilding subject to conditions. VOTING REQUIREMENT Simple majority COUNCIL DECISION C5.03.15 RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Pilgrim That Council grants planning approval for the proposed outbuilding at 155 (Lot 489) Holbrook Road, Glen Forrest, subject to the following conditions: 1. The development shall comply with the approved plans (including any

amendments marked in red) unless approval is granted by the Director Statutory Services for any minor variation made necessary by detailed design.

2. The approved outbuilding is not to be used for habitation, commercial or industrial purposes, without the approval of the Shire.

3. The walls and roof of the outbuilding shall be finished in non-reflective natural or earth tones to blend in with surroundings to the satisfaction of the Shire.

4. All native vegetation on the lot shall be retained unless clearing is

specifically exempt under the Local Planning Scheme No 4 (which includes the implementation of this approval) or required under an approved Fire Management Statement or compliance with the Shire’s Firebreak and Fuel Load notice.

5. All stormwater runoff shall be collected and/or contained on site and shall not discharge onto other land or reserves. Stormwater drainage plans must be submitted with the application for a building permit.

CARRIED 10/0

Next Report


C24 MARCH 2015

Attachment 1

Report 11.2

6 Pages


C25 MARCH 2015

155 (Lot 489) Holbrook Road,

Glen Forrest

SCALE 1:2500


C26 MARCH 2015


C27 MARCH 2015


C28 MARCH 2015


C29 MARCH 2015


C30 MARCH 2015


C31 MARCH 2015

11.3 Review of Frequency of Ordinary Council Meetings

File Code OR.MTG Location / Address N/A Applicant N/A Author Danielle Courtin, Governance Co-ordinator Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY Council is asked to review the frequency of ordinary Council meetings. Currently there are two scheduled Council meetings per month. It is proposed to reduce this to one per month, to be held on the second Tuesday of each month. BACKGROUND Ordinary Council meetings are currently scheduled on the second and fourth Tuesday of each month, with the exception of December and January. This arrangement was put in place in February 2011, in accordance with Council’s decision C2.10.10 of 26 October 2010. For a number of reasons there are now fewer reports being considered by Council at its ordinary meetings than in the past. One of the most significant reasons for this reduction is the adoption in 2014 of Local Planning Scheme 4. Commensurate with effective delegation to officers there is a measureable reduction in the number of planning matters which are required to be considered by Council. The following table illustrates this trend:

Meeting date Reports

Monthly Total Planning Other Total 11 June 2013 2 3 5

12 25 June 2013 2 5 7 9 July 2013 1 4 5

12 23 July 2013 2 5 7 3 August 2013 1 5 6

18 27 August 2013 2 10 12 10 Sept 2013 3 4 7

11 24 Sept 2013 1 3 4 23 Oct 2013 0 13 13 (election) 13 12 Nov 2013 7 9 16

24 26 Nov 2013 0 8 8 10 Dec 2013 2 1 3 3

28 January 2014 2 12 14 14 11 February 2014 1 3 4 9


C32 MARCH 2015

17 February 2014 Start of LPS4 25 February 2014 0 5 5

11 March 2014 0 4 4 9 25 March 2014 2 3 5

8 April 2014 1 3 4 7 22 April 2014 0 3 3

13 May 2014 2 6 8 15 27 May 2014 2 5 7

10 June 2014 2 3 5 10 24 June 2014 2 3 5

8 July 2014 1 5 6 10 22 July 2014 0 4 4

12 August 2014 2 2 4 7 26 August 2014 0 3 3

9 Sept 2014 1 3 4 8 23 Sept 2014 0 4 4

14 Oct 2014 0 4 4 7 28 Oct 2014 0 3 3

11 Nov 2014 0 4 4 9 25 Nov 2014 0 5 5

9 Dec 2014 1 3 4 4 27 January 2015 1 8 9 9 10 February 2015 1 4 5

7 24 February 2015 0 2 2 Pre LPS4:

• Total of 107 items over 14 meetings – ie 7.64 items per meeting. • Total of 26 planning items - ie 1.85 planning items per meeting.

Post LPS4:

• Total of 111 items over 23 meetings – ie 4.82 items per meeting. • Total of 18 planning items – ie 0.78 planning items per meeting.

STATUTORY / LEGAL IMPLICATIONS Ordinary Council meetings are dealt with in the Local Government Act 1995 (the Act) and the Local Government (Administration) Regulations 1996. Section 5.2 of the Act provides that “The council of a local government is to ensure that there is an appropriate structure for administering the local government.” POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS There is a potential to halve expenditure associated with catering and staff attendance for Council meetings. Average costs for a Council meeting are as follows:


C33 MARCH 2015

• Catering: $1120 • Cleaning/laundry: $ 140 • Staff (minutes and communications): $ 370

Total: $1630 STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS The risk implications of a change to the frequency of ordinary council meetings are considered to be negligible. When Council decided upon two ordinary council meetings per month, it was assessed that this frequency reduced delays in dealing with planning applications and/or potentially exposing the Shire to criticism that applications would not be dealt with within statutory timeframes. However, the adoption of Local Planning Scheme 4 has resulted in less planning applications requiring council consideration. Combined with effective delegation from council to officers it is considered that the risk of unnecessary delays in determining planning applications is negligible. EXTERNAL CONSULTATION Nil COMMENT It is proposed to reduce the frequency of ordinary meetings of council to one per month, to be held on the second Tuesday of each month. The exception to this is for meetings held in January, where the ordinary council meeting would be held on the fourth Tuesday of the month, not the second Tuesday. Further, it is recommended that the fourth Tuesday of each month be retained in the Shire’s meeting calendar as a day for which an ‘as required’ meeting be held – such as a council briefing session or a workshop for elected members. Such meetings would be convened by the CEO and would be preceded by an appropriate period of notice. This day could also be used to convene a special meeting of council if required. Currently, Council Forums are held on the third Monday of each month. There is no Council Forum held in December and January each year, or during October of an ordinary local government elections’ year. Council may wish to consider changing the day for holding Council Forums to the third Tuesday of each month (with similar exceptions as at present) in order to provide some consistency that Tuesday is the standard day for meetings of elected members. A review of


C34 MARCH 2015

Resident and Ratepayer group meetings did not identify a clash of meeting days if Council decided on this change. The proposed meetings schedule for a regular month can be summarised as follows: Tuesday week 1 No meeting Tuesday week 2 Ordinary Council meeting* Tuesday week 3 Council Forum** Tuesday week 4 Council Forum or Special Council meeting (when and as

required) Tuesday week 5 (if applicable)

No meeting

* Each January the meeting would be held on the fourth Tuesday not the second Tuesday. ** Council Forums are not held in December and January each year, or in October of an ordinary local government elections’ year. If Council approves of the new schedule, new Council meeting dates, time and place will be advertised by local public notice. The changes are proposed to be introduced from May 2015 onwards. VOTING REQUIREMENT Simple majority RECOMMENDATION That Council approves the revised schedule of meetings commencing May 2015, as follows: 1. Ordinary meetings of Council will be held on the second Tuesday of each

month, except in January when the meeting will be held on the fourth Tuesday;

2. Council Forums will be held on the third Tuesday of each month, except in December and January when no Forum will be held;

3. No Council Forum will be held in October of an ordinary local government elections’ year;

4. On the fourth Tuesday of each month, except in December and January, a Council Forum or Special Council meeting may be held on an as required basis, as convened by the CEO; and

5. All meetings and forums will commence at 6.30 pm.


C35 MARCH 2015

Preamble to Council Decision Following discussion it was agreed that no changes would be made to the current Council Forum scheduled meeting dates at this time. COUNCIL DECISION C6.03.15 MOTION Moved by: Cr Cook Seconded by: Cr Lavell That Council approves the revised schedule of meetings commencing May 2015, as follows: 1. Ordinary meetings of Council will be held on the second Tuesday of each

month, except in January when the meeting will be held on the fourth Tuesday.

2. All meetings will commence at 6.30 pm.

CARRIED 9/1

For Against Cr Gu Cr Perks Cr Dullard Cr Daw Cr Cook Cr Jones Cr Fox Cr Pilgrim Cr Bertola Cr Lavell

6.55pm Manager Planning Services left the Council Chamber 7.00pm Manager Planning Services returned to the Council Chamber 7.20pm Manager Planning Services left the Council Chamber 7.22pm Manager Planning Services returned to the Council Chamber\ 7.25pm Manager Planning Services left the Council Chamber 7.25pm Manager Planning Services returned to the Council Chamber 7.25pm Director Statutory Services left the Council Chamber 7.30pm Director Statutory Services returned to the Council Chamber

Next Report


C36 MARCH 2015

11.4 Local Government Elections 2015

File Code GV.ELN 1.2015 Location / Address N/A Applicant Shire of Mundaring Author Danielle Courtin, Governance Co-ordinator Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY The next local government ordinary elections will take place on 17 October 2015. Council is requested to make decisions to:

1. Appoint the Electoral Commissioner to conduct the election; and 2. Conduct a postal election.

BACKGROUND Local government elections are held every two years on the third Saturday of October. Shire of Mundaring last held “in person” elections in 1999 and subsequently resolved to conduct all future elections as “postal” elections. This report requests that Council makes its formal decision for the 2015 ordinary elections. STATUTORY / LEGAL IMPLICATIONS Local government elections are conducted in accordance with the provisions of the Local Government Act 1995, the Local Government (Elections) Regulations 1997 and the Local Government (Constitution) Regulations 1998. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS The WA Electoral Commission (WAEC) has provided an estimate of $84,000 (inc GST) to conduct the election. This cost will be included in the 2015/16 Budget. As a guide, the WAEC estimate for the 2013 election was $80,000 (inc GST), when the actual cost invoiced was $52,359.16 (inc GST). The WAEC estimate for the 2011 election was $76,000 (inc GST) and the actual cost invoiced was $57,363.58 (inc GST).


C37 MARCH 2015

STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS Nil EXTERNAL CONSULTATION Nil COMMENT There will be six vacancies to be filled at the October 2015 postal election:

• Central Ward – 2 vacancies (Cr Gu and Cr Pilgrim); • East Ward – 2 vacancies (Cr Daw and Cr Fox) • South Ward – 1 vacancy (Cr Jones) • West Ward – 1 vacancy (Cr Dullard)

The estimate provided by the WAEC is based on the following assumptions:

• 25,800 electors • Response rate of approximately 35% (actual response rate in 2013 was

25.05%) • 6 vacancies • Count to be conducted at the offices of the Shire of Mundaring • Standard Australia Post delivery service to apply (Priority Service would

cost an additional $1,806).


C38 MARCH 2015

VOTING REQUIREMENT Absolute majority COUNCIL DECISION C7.03.15 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Jones That Council: 1. Declares, in accordance with section 4.20(4) of the Local Government Act

1995, the Electoral Commissioner to be responsible for the conduct of the 2015 ordinary elections together with any other elections or polls which may be required; and

2. Decides, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the election will be as a postal election.

CARRIED BY AN ABSOLUTE MAJORITY 10/0

Next Report


C39 MARCH 2015

11.5 Financial Activity Statement – February 2015

File Code: FI.RPA Location / Address N/A Applicant N/A Author Stan Kocian, Manager Finance and Governance Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY: The financial statement presents the Shire’s financial performance for the period ending 28 February 2015. The end of year forecast of ($11,458,445) in net expenditure as at 28 February 2015 shows a positive change in the forecast net expenditure of $339,644 to the amount approved in the original budget adopted by Council (C20.07.14). The closing budget position as at 28 February 2015 is $16,241,318. BACKGROUND: The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within 2 months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS: Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS: Nil


C40 MARCH 2015

FINANCIAL IMPLICATIONS: Financial implications are in accordance with the approved reporting material variances (C17.07.14) of:

• (+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and • (+) or (-) $100,000 or 10%, whichever is the greater for Expenses

for each Directorate being reported for the 2014/15 financial year. There are two types of variances:

• When actual results are better than expected results the variance is

described as favourable variance. A favourable variance is denoted by the letter F.

• When actual results are worse than expected results the variance is

described as unfavourable variance. An unfavourable variance is denoted by the letter U.

STRATEGIC IMPLICATIONS: Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance. SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainably principles.

RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION: Nil.


C41 MARCH 2015

COMMENT: For the period ended 28 February 2015 the Shire’s net revenue was $5,632,525 compared to the year to date budget of $3,831,196. A number of reports to this item are as follows (Refer ATTACHMENT 2):

• Directorate Revenue and Expenditure Reports for the year to 28 February 2015 and explanation of significant variances;

• Unrestricted Funds position (closing budget position) at 28 February 2015

including a graph comparing the current year month end position to the previous year;

• Statement of Financial Activity (based on the Rate Setting Statement adopted

in the annual budget); and • Summary of Cash Investments as at 28 February 2015.

Timing differences in financial reporting are due to the monthly spread of the budget cash flow variances. That is, income or expenditure is estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some income and expenditure being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Note: timing differences will not result in a forecast adjustment as the expenditure or income item will still be captured in the financial year in question. Strategic and Community Services: Year to date revenue – favourable variance of $829,647 Year to date expenditure – favourable variance of $808,328 Year to date net result – favourable variance of $1,637,975 Refer to ATTACHMENT 2 for explanation of variances.

Office of Chief Executive and Corporate Services:

Year to date revenue – unfavourable variance of ($2,264,003) Year to date expenditure – favourable variance of $2,376,612 Year to date net result – favourable variance of $112,610 Refer to ATTACHMENT 2 for explanation of variances.

Infrastructure Services: Year to date revenue – unfavourable variance of ($5,465,045) Year to date expenditure – favourable variance of $5,127,921 Year to date net result – unfavourable variance of ($337,124) Refer to ATTACHMENT 2 for explanation of variances.


C42 MARCH 2015

Statutory Services: Year to date revenue – favourable variance of $188,875 Year to date expenditure – favourable variance of $198,993 Year to date net result – favourable variance of $387,868

Refer to ATTACHMENT 2 for explanation of variances. As at 28 February 2015 there is $283,311 in WANDRRA expenses to be reimbursed to the Shire. Unrestricted Funds The Shire has $16,241,318 of unrestricted funds as at 28 February 2015 ($14,450,925 as at 28 February 2014). The cash balance in the Municipal Fund is $15,170,538 ($16,970,838 as at 28 February 2014).

VOTING REQUIREMENT: Simple Majority

COUNCIL DECISION C8.03.15 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Jones

That Council notes:

1. the favourable year to date net difference between budgeted net revenue and actual net revenue as at 28 February 2015 is $1,801,329;

2. the end of year forecast for net expenditure as at 28 February 2015 is ($11,458,445); and

3. the unrestricted funds position (closing budget position) of the Shire as at 28

February 2015 is $16,241,318.

CARRIED 10/0

Next Report


C43 MARCH 2015

Attachment 2

Report 11.5

10 Pages


C44 MARCH 2015

Shire of Mundaring Cost Report Summary for the year to date 28 February 2015

YTD Actual YTD Budget YTD Variance $ YTD Variance %Favorable = F

Unfavorable = UCurrent year

Budget

Forecast Change

(Variance)End of year

ForecastFavorable = F

Unfavorable = U

Strategic & Community ServicesRevenue $4,707,045 $3,877,398 $829,647 21.4% F $5,934,206 $38,594 $5,972,800 FExpenditure ($8,878,767) ($9,687,095) $808,328 -8.3% F ($13,286,791) ($163,820) ($13,450,611) UTotal ($4,171,722) ($5,809,697) $1,637,975 -28.2% F ($7,352,585) ($125,226) ($7,477,811) U

Office of Chief Exceutive & Corporate ServicesRevenue $25,635,382 $27,899,385 ($2,264,003) -8.1% U $46,744,571 ($10,796,920) $35,947,651 UExpenditure ($4,210,983) ($6,587,595) $2,376,612 -36.1% F ($29,069,300) $11,135,349 ($17,933,951) FTotal $21,424,400 $21,311,790 $112,610 0.5% F $17,675,271 $338,429 $18,013,700 F

Infrastructure ServicesRevenue $9,409,935 $14,874,980 ($5,465,045) -36.7% U $21,796,872 ($3,617,971) $18,178,901 UExpenditure ($18,488,534) ($23,616,455) $5,127,921 -21.7% F ($39,638,699) $3,611,701 ($36,026,998) FTotal ($9,078,599) ($8,741,475) ($337,124) 3.9% U ($17,841,827) ($6,270) ($17,848,097) U

Statutory ServicesRevenue $904,525 $715,650 $188,875 26.4% F $1,033,158 $504,509 $1,537,667 FExpenditure ($3,446,079) ($3,645,072) $198,993 -5.46% F ($5,312,106) ($371,798) ($5,683,904) UTotal ($2,541,553) ($2,929,422) $387,868 -13.2% F ($4,278,948) $132,711 ($4,146,237) F

Total Shire of MundaringRevenue $40,656,888 $47,367,413 ($6,710,525) -14.2% U $75,508,807 ($13,871,788) $61,637,019 UExpenditure ($35,024,363) ($43,536,217) $8,511,854 -19.6% F ($87,306,896) $14,211,432 ($73,095,464) FNet Revenue/(Expenditure) $5,632,525 $3,831,196 $1,801,329 47.0% F ($11,798,089) $339,644 ($11,458,445) F


C45 MARCH 2015

Explanation of Significant Variances by DirectorateRevenueCommunity and Strategic Services1. Operational Grant income for new Child and Family Centres. YTD Actual $750,000 compared to YTD Budget $500,000. Timing Difference.2. YTD Revenue from Childcare Benefits of $819,801 compared to YTD budget of $580,000. 3. YTD Revenue from ISA operating grant of $315,290 compared to YTD budget of $213,336. Timing Difference.4. Unbudgeted revenue of $100,000 for the recoup of set up costs for the new child and family centres.5. YTD Revenue of $129,677 from Lake Leschenaultia Kiosk compared to total budget of $90,000. Forecast has been increased by $50,000.

Office of Chief Executive and Corporate Services1. Impact of rates paid in advance as at 30 June 2014 $706,139 (timing difference). Adjusted at year end.2. Impact of revenue from land sales of $1,162,500 having not occurred YTD.

Infrastructure Services 1. Income of $345,316 from Reserve Transfers and Trade-Ins for Plant and Fleet vehicle purchases have not occurred as budgeted YTD. Timing Difference.2. Transfers from the Community Facilities Reserve of $2,682,000 have not occurred as per YTD budget. Timing Difference.3. Transfers from Capital Investment Reserve of $4.1 million will not occur due subdivision costs not being incurred.Forecast adjusted in mid year budget review.4. Budgeted grant funding of $370,000 for Sculpture Park Facilities has not been received YTD. Timing Difference.

Statutory Services1. Income from building application fees being $81,084 greater than YTD budget. Year end forecast has been increased by $30,000.2. Income from planning application fees being $52,985 greater than YTD budget. Year end forecast has been increased by $10,000.

ExpenditureCommunity and Strategic Services1. YTD expenditure on the Bilgoman Pool upgrade of $1,702,718 compared to YTD budget of $1,760,000. Timing Difference.2. YTD expenditure on materials and contracts for Community Recovery (Lotterywest grant) of $14,335 compared to YTD budget of $59,992. Forecast expenditure and Grant Income have been adjusted accordingly.3. YTD expenditure on local government reform of $124,660 compared to a budget of $265,000. As reform will not proceed there will be savings in this area.4. YTD expenditure for SCFC - Clayton View Salaries of $248,321 compared to YTD Budget of $388,462. Due to staff vacancies.5. YTD expenditure for SCFC - Middle Swan Salaries of $52,790 compared to YTD Budget of $147,110. Due to staff vacancies.6. Forecast Savings in Counselling Salaries of $48,528.

Office of Chief Executive and Corporate Services1.Impact of transfer to reserves of $1,162,500 having not occurred YTD (timing difference - dependent on land sales).

Infrastructure Services 1. $455,358 in Plant and Fleet vehicle purchases have not occurred as budgeted YTD. Timing Difference.2. $4.1 million of Subdivision works will not proceed. Forecasts adjusted in annual budget review. 3. YTD Expenditure on Major Building projects being $441,119 less than YTD budget. Timing Difference.4. Pre allocation of $630,534 in engineering overheads to projects and works. Timing Difference.5. Operating costs for Waste services being $621,888 than YTD budget. Timing Difference.

Statutory Services1. Impact of Bushfire recovery expenses incurred in 14/15. Will be reimbursed under WANDRRA.Forecasts adjusted in annual budget review.


C46 MARCH 2015

CURRENT ASSETS

Rates & Sanitation Debtors 2,083,667 5,148,801Debtors 308,086 515,008

TOTAL RECEIVABLES - CURRENT 2,391,753 5,663,809

STOCK ON HAND 246,259 194,508

CASH ASSETS

Municipal 16,970,838 15,170,538Reserve 11,375,282 10,797,880Total Bank Accounts 28,346,120 25,968,418

TOTAL CURRENT ASSETS 30,984,132 31,826,735

CURRENT LIABILITIESCreditors (2,654,352) (2,025,566)Borrowings - Current Portion (185,751) (199,080)Provisions (2,387,377) (2,645,776)

(5,227,481) (4,870,422)NET CURRENT ASSETS 25,756,651 26,956,313

Less Reserve Fund & Restricted Assets (11,375,282) (10,797,880)Less Land Held for Resale (116,195) (116,195)Add Current Loan Liability 185,751 199,080

UNRESTRICTED FUNDS 14,450,925 16,241,318

Actual 28 February 2015 Actual 28 February 2014

NET CURRENT ASSETS AND UNRESTRICTED FUNDS


C47 MARCH 2015


C48 MARCH 2015

Shire of MundaringStrategic and Community Services

Period ending 28 February 2015

Responsible Officer YTD ActualsYTD Budgets

Y T D Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureAFM Branch Librarian (397,207) (459,614) 62,407 (668,308) 3,957 (664,351)Bilgoman Aquatic Centre Manager (2,233,314) (2,307,822) 74,508 (2,531,505) 2,417 (2,529,088)Brown Park Manager (156,346) (124,249) (32,097) (210,834) (22,564) (233,398)Communities For Children (153,106) (126,544) (26,562) (189,800) 0 (189,800)Community Facilities Coordinator (65,378) (126,848) 61,470 (190,278) 5,000 (185,278)Community Playgroups (7,587) (14,744) 7,157 (22,113) 0 (22,113)Coordinator Lake Leschenaultia (502,918) (411,984) (90,934) (621,638) (119,221) (740,859)Director Strategic & Community Services (634,116) (851,664) 217,548 (1,259,261) (79,171) (1,338,432)Eastern Region Family Day Care Scheme (1,130,584) (898,548) (232,036) (1,331,481) 2,015 (1,329,466)Inclusion Support Agency (205,615) (239,164) 33,549 (348,199) 1,239 (346,960)Manager Community Engagement (941,351) (1,156,586) 215,235 (1,587,095) 95,684 (1,491,411)Manager Library and Information Services (419,675) (533,969) 114,294 (767,456) (17,930) (785,386)Manager Recreation and Leisure Services (483,791) (552,750) 68,959 (810,867) (43,954) (854,821)Maternal & Infant Health (1,613) 0 (1,613) 0 (2,765) (2,765)Midvale Early Childhood & Parenting Centre (956,683) (929,283) (27,400) (1,357,352) 6,020 (1,351,332)Midvale Playgroup & Toy Library (5,795) (5,440) (355) (8,160) (606) (8,766)Mt Helena Aquatic & recreation Centre Manager (141,730) (168,359) 26,629 (240,613) 2,745 (237,868)Swan Children and Family Centre - Clayton View (317,151) (514,142) 196,991 (755,161) 2,067 (753,094)Swan Children and Family Centre - Middle Swan (88,351) (222,110) 133,759 (324,995) 1,059 (323,936)Toy Library Coordinator (36,456) (43,275) 6,819 (61,675) 188 (61,487)Expenditure Total (8,878,767) (9,687,095) 808,328 (13,286,791) (163,820) (13,450,611)

IncomeAFM Branch Librarian 11,535 15,508 (3,973) 23,266 0 23,266Bilgoman Aquatic Centre Manager 287,896 262,030 25,866 374,890 (20,000) 354,890Brown Park Manager 76,850 62,304 14,546 72,800 34,600 107,400Communities For Children 95,935 60,664 35,271 91,000 0 91,000Community Facilities Coordinator 105,334 98,616 6,718 147,923 4,300 152,223Coordinator Lake Leschenaultia 258,892 189,032 69,860 255,000 55,000 310,000Director Strategic & Community Services 530 0 530 0 530 530Eastern Region Family Day Care Scheme 1,146,293 916,336 229,957 1,374,496 0 1,374,496Inclusion Support Agency 355,375 248,008 107,367 372,000 0 372,000Manager Community Engagement 202,626 150,688 51,938 391,088 (47,157) 343,931Manager Library and Information Services 29,598 9,560 20,038 14,343 17,721 32,064Manager Recreation and Leisure Services 97,167 70,192 26,975 103,300 (6,400) 96,900Midvale Early Childhood & Parenting Centre 1,070,466 944,664 125,802 1,417,004 0 1,417,004Midvale Playgroup & Toy Library 1,400 5,168 (3,768) 7,746 0 7,746Mt Helena Aquatic & recreation Centre Manager 50,418 28,388 22,030 64,990 0 64,990Swan Children and Family Centre - Clayton View 891,865 710,664 181,201 1,066,000 0 1,066,000Swan Children and Family Centre - Middle Swan 1,515 101,336 (99,821) 152,000 0 152,000Toy Library Coordinator 23,351 4,240 19,111 6,360 0 6,360Income Total 4,707,045 3,877,398 829,647 5,934,206 38,594 5,972,800

Net Revenue/(Expenditure) (4,171,722) (5,809,697) 1,637,975 (7,352,585) (125,226) (7,477,811)


C49 MARCH 2015

Shire of MundaringOffice of Chief Executive and Corporate Services


Responsible Officer YTD Actuals YTD Budgets Y T D VarianceCurrent Year Budget


ExpenditureAllocations Office Vehicles (210,529) (387,472) 176,943 (498,210) 0 (498,210)Allocations Ranger Vehicles (47,509) (71,424) 23,916 (107,128) 0 (107,128)Chief Executive Officer (288,130) (351,106) 62,976 (524,707) 248 (524,459)Coordinator Finance (447,618) (347,741) (99,877) (429,422) (44,023) (473,445)Director Corporate Services (283,636) (1,705,597) 1,421,961 (21,721,718) 10,794,609 (10,927,109)Governance and Risk (22,356) (32,750) 10,394 (46,082) 11,157 (34,925)Human Resource Manager (335,006) (484,318) 149,312 (687,300) 93,131 (594,169)Manager Administration Services (842,284) (951,037) 108,753 (1,467,314) 69,826 (1,397,488)Manager Finance and Governance (777,972) (844,914) 66,942 (1,497,037) 16,801 (1,480,236)Manager Information Systems (906,395) (1,325,044) 418,649 (1,961,482) 192,900 (1,768,582)Rates Officer (32) 0 (32) 0 0 0Senior Records Officer (13,835) (22,539) 8,704 (33,500) 0 (33,500)Team Leader Records Service (18,859) (22,989) 4,130 (34,400) 700 (33,700)Telephonist (16,821) (40,664) 23,843 (61,000) 0 (61,000)Expenditure Total (4,210,983) (6,587,595) 2,376,612 (29,069,300) 11,135,349 (17,933,951)

IncomeAllocations Office Vehicles 258,038 397,560 (139,522) 596,340 0 596,340Allocations Ranger Vehicles 0 6,000 (6,000) 8,998 0 8,998Chief Executive Officer 0 1,000 (1,000) 1,500 0 1,500Coordinator Finance 23,363,799 23,930,054 (566,255) 24,076,360 19,869 24,096,229Director Corporate Services 1,979,947 3,506,167 (1,526,220) 21,667,866 (10,788,952) 10,878,914Governance and Risk 55,518 17,336 38,182 26,000 36,497 62,497Manager Administration Services 20,363 13,568 6,795 30,146 0 30,146Manager Finance and Governance 27,398 27,700 (302) 337,361 1,500 338,861Manager Information Systems 2,500 0 2,500 2,500 2,500Profit and Loss on sale of Assets (72,180) 0 (72,180) 0 (68,334) (68,334)Income Total 25,635,382 27,899,385 (2,264,003) 46,744,571 (10,796,920) 35,947,651

Net Revenue/(Expenditure) 21,424,400 21,311,790 112,610 17,675,271 338,429 18,013,700


C50 MARCH 2015

Shire of MundaringInfrastructure Services


Responsible Officer YTD ActualsYTD Budgets

YTD Variance

Current Year Budget


ExpenditureConstruction Supervisor (1,098,640) (900,620) (198,020) (1,801,239) (363,324) (2,164,563)Coordinator Civil Works (1,078,327) (927,320) (151,007) (1,847,294) (215,269) (2,062,563)Coordinator Parks Services (2,409,278) (2,443,556) 34,278 (3,777,221) (474,829) (4,252,050)Coordinator Plant and Depot Services (1,278,314) (1,865,663) 587,349 (2,368,381) (130,378) (2,498,759)Director Infrastructure Services (4,830,124) (7,433,617) 2,603,493 (12,021,951) 4,172,530 (7,849,421)Engineering Technical Officer - Civil (363,354) (405,750) 42,396 (811,500) 30,000 (781,500)Maintenance Supervisor (1,369,248) (1,391,564) 22,316 (1,991,216) (90,000) (2,081,216)Manager Building Assets (1,245,185) (1,952,302) 707,117 (5,564,439) 835,264 (4,729,175)Manager Design Service 239,570 (597,200) 836,770 (755,423) (172,337) (927,760)Manager Operations Service (692,645) (821,351) 128,706 (1,248,604) 63,044 (1,185,560)Waste & Recycling Coordinator (3,788,688) (4,410,576) 621,888 (6,631,401) 0 (6,631,401)Works Supervisor (574,299) (466,936) (107,363) (820,030) (43,000) (863,030)Expenditure Total (18,488,534) (23,616,455) 5,127,921 (39,638,699) 3,611,701 (36,026,998)

IncomeCoordinator Civil Works 0 0 0 0 93,349 93,349Coordinator Parks Services 7,598 60,000 (52,402) 90,000 0 90,000Coordinator Plant and Depot Services 691,821 1,478,935 (787,114) 2,179,272 95,960 2,275,232Director Infrastructure Services 1,353,000 6,117,014 (4,764,014) 10,414,698 (3,714,853) 6,699,845Engineering Technical Officer - Civil 15,069 4,664 10,405 36,000 6,350 42,350Maintenance Supervisor 3,429 688 2,741 1,032 2,000 3,032Manager Building Assets 500,000 0 500,000 1,750,000 0 1,750,000Manager Design Service 0 370,000 (370,000) 370,000 0 370,000Manager Operations Service 13,021 67,500 (54,479) 135,000 (58,000) 77,000Waste & Recycling Coordinator 6,825,995 6,776,179 49,816 6,820,870 (42,777) 6,778,093Income Total 9,409,935 14,874,980 (5,465,045) 21,796,872 (3,617,971) 18,085,552

Net Revenue/(Expenditure) (9,078,599) (8,741,475) (337,124) (17,841,827) (6,270) (17,848,097)


C51 MARCH 2015

Shire of MundaringStatutory Services


Responsible OfficerYTD Actuals

YTD Budgets

YTD Variance

Current Year Budget


ExpenditureBushcare Coordinator (53,289) (158,941) 105,652 (225,797) 0 (225,797)Coordinator Environment and Sustainability (382,927) (457,914) 74,987 (654,979) 2,406 (652,573)Director Statutory Services (80,638) (96,037) 15,399 (139,541) 961 (138,580)Manager Building Services (343,128) (418,385) 75,257 (605,690) 3,087 (602,603)Manager Health & Community Safety Service (CSS) (1,616,649) (1,370,569) (246,080) (2,024,159) (373,659) (2,397,818)Manager Health & Community Safety Services (HS) (307,606) (416,077) 108,471 (603,331) (9,347) (612,678)Manager Planning (661,841) (727,149) 65,308 (1,058,609) 4,754 (1,053,855)Expenditure Total (3,446,079) (3,645,072) 198,993 (5,312,106) (371,798) (5,683,904)

IncomeBushcare Coordinator 5,909 0 5,909 0 5,909 5,909Coordinator Environment and Sustainability 17,269 0 17,269 1,934 15,135 17,069Manager Building Services 237,992 159,000 78,992 253,799 30,000 283,799Manager Health & Community Safety Service (CSS) 337,651 317,386 20,265 418,527 423,097 841,624Manager Health & Community Safety Services (HS) 58,270 43,456 14,814 65,191 0 65,191Manager Planning 247,435 195,808 51,627 293,707 30,368 324,075Income Total 904,525 715,650 188,875 1,033,158 504,509 1,537,667

Net Revenue/(Expenditure) (2,541,553) (2,929,422) 387,869 (4,278,948) 132,711 (4,146,237)


C52 MARCH 2015

Shire of MundaringStatement of Financial Activity

for period ending 28 February 20152014/15 2014/15Actuals BUDGET

$ $

Operating Revenues General Purpose Funding 2,790,527 4,054,092 Governance 110,205 81,200 Law, Order & Public Safety 339,608 418,200 Health 58,270 55,700 Education & Welfare 3,719,785 4,818,166 Community Amenities 7,081,230 7,124,290 Recreation and Culture 890,925 1,053,713 Transport 38,115 186,000 Economic Services 237,992 238,500 Other Property and Services 1,047,068 2,459,156 Total (Excluding Rates) 16,313,723 20,489,017

Operating Expenses General Purpose Funding (450,689) (681,138) Governance (2,670,462) (5,435,137) Law, Order & Public Safety (1,766,642) (2,395,826) Health (411,570) (814,610) Education & Welfare (4,173,635) (6,664,979) Community Amenities (5,167,149) (8,779,786) Recreation and Culture (5,392,111) (8,679,958) Transport (7,678,840) (11,868,068) Economic Services (469,487) (809,159) Other Property and Services (1,210,853) (3,160,731) Total (29,391,437) (49,289,392)

Adjustments for Cash Budget Requirements:Depreciation on Assets 4,993,242 8,541,748 (Profit)/Loss on Disposal of Assets 72,180 - Deferred Rates Adjustment 64,210 - Net Operating Result (Excluding Rates) (7,948,082) (20,258,627)

Capital RevenuesProceeds from Disposal of Assets 200,435 2,638,140 Grants and Contributions 1,056,785 3,519,507 Proceeds from New Debentures - 16,000,000 Transfers from Reserves 93,535 9,159,283 Total 1,350,755 31,316,930

Capital ExpensesPurchase Property, Land & Equipment (2,387,035) (11,110,987) Purchase Infrastructure (2,964,329) (4,913,093) Repayment of Debentures (131,181) (199,080) Transfers to Reserves (150,380) (21,886,000) Total (5,632,925) (38,109,160) Net Capital (4,282,171) (6,792,230)

Total Net Operating and Capital (12,230,252) (27,050,857)

Rate Revenue 22,992,410 23,702,860 Opening Surplus/(Deficit) June 30 C/Fwd. 5,479,160 4,877,217

Closing Surplus/(Deficit) 16,241,318 1,529,220


C53 MARCH 2015

Amount Invested

Interest Rate

Period of Investment

Investment Date Maturity Date

Unrestricted Use Funds

71 Westpac Maxi $3,467,448 2.40% N/A N/A N/A

116 ANZ $2,623,910 3.30% 121 days 19-Dec-14 19-Apr-15

118 NAB $3,000,000 3.60% 183 days 2-Sep-14 4-Mar-15

119 Westpac $3,036,079 3.28% 90 days 12-Jan-15 12-Apr-15

120 NAB $2,028,628 3.10% 92 days 16-Feb-15 19-May-15

Total $14,156,065

73 Westpac Maxi 227,275 2.40% N/A N/A N/A

60A Bendigo 1,315,118 3.30% 151 days 22-Jan-15 22-Jun-15

89 BankWest 1,267,916 3.40% 120 days 22-Dec-14 21-Apr-15

97 NAB 4,095,508 3.50% 182 days 9-Dec-14 9-Jun-15

107 ANZ 2,201,995 3.49% 181 days 28-Sep-14 28-Mar-15

108 ANZ 1,649,412 3.52% 92 days 16-Oct-14 16-Apr-15

Total 10,757,223

$24,913,288

Road Construction/POS Funds

72 Westpac Maxi $2,299,021 2.40% N/A N/A N/A

58 BankWest $1,338,048 3.50% 92 days 5-Jan-15 7-Apr-15

98 BankWest $1,164,751 0.00% 90 days 30-Dec-14 30-Mar-15

99 BankWest $1,159,713 3.50% 184 days 1-Dec-14 3-Jun-15

$5,961,533

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 28 February 2015

MUNICIPAL FUNDS

RESERVE FUNDS


C54 MARCH 2015

11.6 Payment between Meetings – January 2015

File Code FI.RPA Location/Address N/A Applicant N/A Author Trish Josey, Finance Officer (Accounts

Payable) Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY: A list of accounts paid from the Municipal Fund or Trust Fund under the Chief Executive Officer’s delegated authority for the month of January 2015 is presented to Council to note. BACKGROUND: Council has delegated to the Chief Executive Officer (CEO) the exercise of its power to make payments from the Shire’s Municipal and Trust Funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, a list of accounts paid is to be presented to Council and be recorded in the minutes of the meeting at which the list was presented. STATUTORY / LEGAL IMPLICATIONS: Regulation 13 of the Local Government (Financial Management) Regulations 1996 states – (1) If the local government has delegated to the CEO the exercise of its power

to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared –

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction

(3) A list prepared under sub regulation (1) or (2) is to be –

(a) presented to council at the next ordinary meeting of the council after the list is prepared; and

(b) recorded in the minutes of that meeting


C55 MARCH 2015

POLICY IMPLICATIONS: FI-01 Corporate Purchasing Card FINANCIAL IMPLICATIONS: All payments have been made in accordance with the approved budget and provides for the effective and timely payment of the Shire’s contractors and other creditors. STRATEGIC IMPLICATIONS: Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance. SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainability principles. RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION: Not applicable COMMENT: Nil

VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C9.03.15 RECOMMENDATION Moved by: Cr Perks Seconded by: Cr Bertola

That Council notes the payments made between 1 and 31 January 2015 included as ATTACHMENT 3 and ATTACHMENT 4. CARRIED 10/0

Next Report


C56 MARCH 2015

Attachment 3

Report 11.6

2 Pages


C57 MARCH 2015

PAYMENTS BETWEEN MEETINGS

In compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996 (as amended) a list of accounts paid since the last such list was prepared is to be presented to the next Ordinary Meeting of Council and included in the minutes of that meeting.

CERTIFICATION

The attached schedule of accounts paid is for the period 1 – 31 January 2015 totalling $3,267,841.87 be received by Council covers:

• Municipal Cheques 109871 - 109925; • Electronic Funds Transfer (Payroll, Purchase Cards, Fleetcare payments etc); and • Trust Fund Vouchers 302565 – 302646

has been checked and is fully supported by vouchers and invoices which are submitted herewith and which have been duly certified as to the receipt of goods and the rendition of services as to prices, computations, costings, and amounts due for payment. Cheques have been signed in accordance with Council resolution R23120 and Instrument of Delegation - Reference: CE - 1 of the Delegations of Authority Register dated 22 July 1997.

Under Section 5.46 (3) of the Local Government Act and Regulation 19 of the Local Government (Administration) Regulations, this record of the Exercise of Delegated Authority is registered.

DIRECTOR CORPORATE SERVICES


C58 MARCH 2015

Schedule of Accounts: Amounts Total $ $

MUNICIPAL ACCOUNT

MUNICIPAL CHEQUE PAYMENTS (Schedule 1 - Page 3) 65,691.35 EFT PAYMENTS (Schedule 2 - Page 17) 2,194,561.64 EFT PAYROLL PAYMENTS (Schedule 2 - Page 21) 878,395.63 NATIONAL AUSTRALIA BANK (NAB PURCHASE CARD) (Schedule 2 – Total - Page 21); and (Schedule 3 – Details - Pages 1-5)

63,285.22

FLEETCARE PAYMENTS (Schedule 2 - Page 21) 5,774.25 MOTORCHARGE PAYMENTS (Schedule 2 – Page 21) 59.88 COMMONWEALTH BANK BPOINT FEES (Schedule 2 - Page 21)

713.38

WESTPAC BANK FEES (Schedule 2 - Page 21) 2,627.62 HP FINANCIAL SERVICES (Schedule 2 - Page 21) 11,818.08 KONICA MINOLTA – EQUIPMENT LEASE (Schedule 2 - Page 21)

2,696.41

DEPARTMENT OF ATTORNEY GENERAL (Schedule 2 – Page 21)

4,052.40

PUMA FUEL (Schedule 2 – Page 21) 970.93 TOTAL MUNICIPAL ACCOUNT $3,230,646.79 TRUST ACCOUNT (Schedule 3 – Page 20) $37,195.08 RESTRICTED ASSETS ACCOUNT Nil RESERVE ACCOUNT Nil TOTAL ALL SCHEDULES $3,267,841.87


C59 MARCH 2015

Attachment 4

Report 11.6

26 Pages


C86 MARCH 2015

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN

Nil 13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 13.1 Elected Members Nil 13.2 Employees Nil


C87 MARCH 2015

14.0 MATTERS BEHIND CLOSED DOORS 7.44pm Meeting Closed to Public

The Local Government Act 1995, Part 5, Section 5.23 states in part:

(2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following — (a) a matter affecting an employee or employees; and (b) the personal affairs of any person; and (c) a contract entered into, or which may be entered into, by the local

government and which relates to a matter to be discussed at the meeting; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

(e) a matter that if disclosed, would reveal — (i) a trade secret; or (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or

financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government; and

(f) a matter that if disclosed, could be reasonably expected to — (i) impair the effectiveness of any lawful method or procedure for

preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or

(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of a lawful measure

for protecting public safety; and (g) information which is the subject of a direction given under section

23(1a) of the Parliamentary Commissioner Act 1971; and (h) such other matters as may be prescribed.

COUNCIL DECISION C10.03.15 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Jones That Council closes the meeting to members of the public in order to consider confidential report/s as detailed below:

• Agenda Item 14.1, pursuant to the Local Government Act 1995, Section 5.23(2)(e)(ii).

CARRIED 10/0


C88 MARCH 2015

7.44pm Director Strategic & Community Services left the Council Chamber and did not return. 14.1 Nomination of Building Envelope and Variation to Town Planning Scheme

6. at No. 390 (Lot 41) Robinson Road, Mahogany Creek

File Code Ro 3.390 Location / Address See CONFIDENTIAL ATTACHMENT 6 Landowner Mr & Mrs Tyler Applicant Rowe Group Zoning LPS4 – Residential R5

MRS – Urban Area 1 hectare Use Class N/A Ward Central Author Christopher Jennings, Strategic Planning Officer

Angus Money, Manager Planning Services Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

Please refer to confidential report provided under separate confidential cover (Confidential ATTACHMENT 5).

VOTING REQUIREMENT Simple majority COUNCIL DECISION C11.03.15 RECOMMENDATION Moved by: Cr Pilgrim Seconded by: Cr Lavell That Council 1. Pursuant to section 7 of Town Planning Scheme No. 6:

a) Abandons the acquisition of Public Open Space on 390 (Lot 41) Robinson Road, Mahogany Creek as envisaged within the Town Planning Scheme No. 6 Subdivision Guide Map.

b) Forwards its decision to the Western Australian Planning Commission

for final consent. c) Pursuant to the Western Australian Planning Commission’s

agreement, supports the designation of a building envelope within the Shire’s Building Envelope Register as shown in CONFIDENTIAL ATTACHMENT 8;


C89 MARCH 2015

2. Subject to (1) above, directs the CEO to inform the landowner (and

prospective purchaser) that the Shire will not be pursuing the acquisition or ceding of the subject site for Public Open Space.

CARRIED 10/0 7.54pm Meeting Opened to Public

COUNCIL DECISION C12.03.15 RECOMMENDATION Moved by: Cr Jones Seconded by: Cr Bertola

That the meeting again be opened to the public. CARRIED 10/0 15.0 CLOSING PROCEDURES 15.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 14 April 2015 at 6.30pm in the Council Chamber.

15.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.54pm.

confirmed minutes ordinary council …...24.03.2015 council meeting minutes confirmed 14.04.2015 c6...

Documents