ordinary council meeting 23 june 2009...23.06.2009 council minutes confirmed 28.07.2009 minutes...

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ORDINARY COUNCIL MEETING

23 JUNE 2009

23.06.2009 COUNCIL MINUTES CONFIRMED 28.07.2009

MINUTES

ORDINARY COUNCIL MEETING

23 JUNE 2009

ATTENTION/DISCLAIMER

These minutes are subject to confirmation.

In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer, relates to a meeting or a part of a meeting that is likely to be closed to members of the public.

No responsibility whatsoever is implied or accepted by the Shire of Mundaring for any act, omission, statement or intimation occurring during Council or Committee meetings.

The Shire of Mundaring disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Mundaring during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Mundaring.

The Shire of Mundaring advises that anyone who has any application lodged with the Shire of Mundaring must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Mundaring in respect of the application.

The Shire of Mundaring advises that any plans or documents contained within these minutes may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.

C1 JULY 2009

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

this document:

Item Example Description Page Numbers

SGC1 JUNE 2009 (SGC2, SGC3, etc)

Sequential page numbering of SGC Agenda or Minutes for June 2009

Page Numbers

C1 June 2009 (C2, C3, C4 etc)

Sequential page numbering of Council Agenda or Minutes for June 2009

Item Numbers 9.1 (9.2, 9.3 etc)

10.1 (102, 10.3 etc)

Sequential numbering of reports under the heading “9.0 Reports of Committees” or “10.0 Reports of Officers”

Committee Recommendation Reference

SGC11.06.09 Committee Recommendation number 11 from SGC meeting June 2009

Council Decision Reference

C7.06.08 Council Decision number 7 from Council meeting June 2009

23.06.2009 COUNCIL MINUTES CONFIRMED 28.07.2009 C2 JULY 2009

CONTENTS

1.0 OPENING PROCEDURES 6

1.1 ANNOUNCEMENT ...........................................................................................6

1.2 ANNOUNCEMENT OF VISITORS...........................................................................6

1.3 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ..........................6

2.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 7

3.0 PUBLIC QUESTION TIME 7

4.0 APPLICATIONS FOR LEAVE OF ABSENCE 13

4.1 LEAVE OF ABSENCE – CR KAREN HARVEY

........................................................... 13 C1.06.09..................... 13

5.0 CONFIRMATION OF MINUTES 13

C2.06.09..................... 13 C3.06.09..................... 13

6.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION 14

6.1 CHANGE TO ORDER OF BUSINESS..................................................................... 14 C4.06.09..................... 14

7.0 PRESENTATIONS 14

7.1 30 YEAR ANNIVERSARY – MUNDARING ARTS CENTRE ............................................ 14

8.0 DISCLOSURES OF INTERESTS 15

8.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS............................. 15

8.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY............................................. 15

10.1 REQUEST FOR CONSIDERATION TO PARTICIPATE AT A COUNCIL MEETING .................... 16 C5.06.09..................... 19

9.0 REPORTS OF COMMITTEES 20

9.1 REPORTS OF DEVELOPMENT APPROVALS COMMITTEE ............................................. 20 C6.06.09..................... 20

DAC1.06.09 - HUDMAN ROAD (360, LOT 5307) BOYA – PROPOSED OVERSIZE OUTBUILDING ............................................................................................ 21

C6.06.09..................... 21 DAC2.06.09 - LEITHDALE ROAD (2, LOT 2) DARLINGTON – PROPOSED EXCESS OF TOTAL

OUTBUILDING AREA..................................................................................... 22 C6.06.09..................... 22

DAC3.06.09 - PRIVATE LAND CONSERVATION INCENTIVES STRATEGY AND ACTION PLAN ......... 24C6.06.09..................... 24


CONTENTS 10.0 REPORTS OF OFFICERS 25

10.1 REQUEST FOR CONSIDERATION TO PARTICIPATE AT A COUNCIL MEETING .................... 25

.................................................................... 25CONSIDERED PRIOR TO ITEM 9.0.

10.2 VOLUNTEER COMMITTEE – BLACKBOY HILL COMMEMORATIVE SITE COMMITTEE ............ 25 C7.06.09..................... 27

10.3 SPECIAL COUNCIL MEETING - OCTOBER 2009..................................................... 28 C8.06.09..................... 29

10.4 POLICY REVIEW - ATTENDANCE BY COUNCILLORS AT CONFERENCES........................... 30 C9.06.09..................... 32

10.5 REVIEW OF COUNCIL POLICIES - PROVISION OF FINANCIAL ASSISTANCE FOR LEGAL SERVICES FOR COUNCIL MEMBERS AND EMPLOYEES .............................................. 33

C10.06.09................... 35 10.6 REVIEW OF COUNCIL POLICIES........................................................................ 36

C11.06.09................... 37 C12.06.09................... 38

10.7 APPLICATION FOR EXEMPTION FROM RATES – HILLS COMMUNITY SUPPORT GROUP INC. (COMMUNITY LIVING PROGRAM) ............................................................... 38

C13.06.09................... 40 10.8 CULTURAL PLAN 2009- 2012......................................................................... 41

C14.06.09................... 45 10.9 GLEN FORREST EMERGENCY SCOUT GROUP – REQUEST FOR SHED ............................ 47

C15.06.09................... 50 10.10 ANNUAL CARRY FORWARD CAPITAL PROJECT VALUES ............................................ 51

C16.06.09................... 53 10.11 BUDGET REALLOCATION – EAST WARD FOOTPATH WORKS ..................................... 54

C17.06.09................... 55 10.12 PAYMENT BETWEEN MEETINGS ........................................................................ 56

C18.06.09................... 57 10.13 ADOPTION OF THE ANNUAL BUDGET 2009/10

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.................................................... 58 C19.06.09................... 67

10.14 FINANCIAL ACTIVITY STATEMENT – APR L AND MAY 2009...................................... 69 C20.06.09................... 73

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 74

12.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 74

12.1 ELECTED MEMBERS...................................................................................... 74

12.2 OFFICERS.................................................................................................. 74

13.0 MATTERS BEHIND CLOSED DOORS 74


CONTENTS


13.1 GILL STREET (350, LOT 104) MUNDARING – OUTCOME OF STATE ADMINISTRATIVE TRIBUNAL MEDIATION HEARING ...................................................................... 74

C21.06.09................... 75 C22.06.09................... 81 C23.06.09................... 86

MEETING CLOSED TO PUBLIC

................................................................................... 86 C24.06.09................... 86

13.2 RECOGNITION OF CONTRIBUTION TO THE ARTS ................................................... 87 C25.06.09................... 90

MEETING OPENED TO PUBLIC ................................................................................... 90 C26.06.09................... 90

14.0 CLOSING PROCEDURES 91

14.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................... 91

14.2 CLOSURE OF THE MEETING............................................................................. 91

15.0 ATTACHMENTS 91

C5 JULY 2009


ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 7.03pm. 1.1 Announcement 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.

1.2 Announcement of Visitors

The Presiding Person welcomed Simon O’Hara (Chai person) & Jenny Haynes (Director) from the Mundaring Arts Centre and called upon them to come forward and receive a certificate in recognition of the 30 year anniversary of the Mundaring Arts Centre.

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Jenny Haynes accepted the acknowledgement on behalf of many volunteers of the Mundaring Arts Centre. She advised tha many dif erent programs had been developed over the years and new partnerships developed continually. She alsowished to thank to Shire of Mundaring for continued support.

1.3 Record of Attendance/Apologies/Approved Leave of Absence

Councillors Cr H Dullard (Presiding) (Presiding Person) West Ward Cr T Cuccaro West Ward Cr P Hall West Ward Cr J Johnson Central Ward Cr A Pilgrim Central Ward Cr S Davies East Ward Cr J Daw East Ward Cr P Gardhouse East Ward Cr K Harvey South Ward Cr M Jamieson (Deputy President) (via audio contact) South Ward Cr D Lavell South Ward Staff Mr J Throssell Chief Executive Officer Mr M Luzi Executive Manager Statutory Services Mr P O’Connor Executive Manager Corporate Services Mr S Purdy Executive Manager Infrastructure Services Ms R Noakes Communications Advisor Ms A Italiano Minute Secretary Apologies Ms M Griffiths Executive Manager Community Services Absent Nil

C6 JULY 2009


Leave of Nil Absence

Guests Simon O’Hara Chairperson – Mundaring Arts Centre Jenny Haynes Director – Mundaring Arts Centre Members of the Public

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Members of the Press

Cassandra De Wind Emma Brown

Hills GazetteMidland Echo

2.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil

3.0 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.

Council extends an invitation to members of the public to attend meetings of the following committees. A specific question time is provided at each meeting –

Development Approvals Committee

Summary of Questions Summary of Responses Given

Name : Geoff Sargent, 285 Gill S reet, Mundaring t1. Are councillors aware of the

irreversible impact, soil disturbance can have in initiating an Acid Sulphate Reaction, which in turn releases heavy metals into the water course. This issue is particularly relevant on waterlogged sites such as 350 Gill St. Has a thorough independent soil investigation been undertaken, or will Council insist that one be done?

The President advised that councillors are making every effort to be aware. A site specific assessment has been undertaken by Martin Wells and a copy provided to councillors. The report advised that the site is capable of accommodating the proposed development.

Additionally, as no works other than revegetation are to be carried out within the watercourse and its environs; no acid sulphate assessment is required.

C7 JULY 2009


2.

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In the future, who will be held responsible for damage to the environment/eco system, waterways, wildlife, as a result of this development? Will the developer as should be the case, be required to give an assurance and provide a substantial bond in case this development produces;

a. Flash flooding (causing environmental, ecological and property damage)

b. Acid Sulphate reaction (which as I’ve already s ated is irreversible)

c. Pollution o water, both running and ground.

d. If so for what period of time will the developer be held accountable?

The President advised that a planning approval details the conditions which arerequired prior to development and those which are ongoing. Any breach of the Environmental Protection Legislation would be subject to enforcement by Department of Environment and Conservation officers.

Name : Diane Elvin, 295 Gill Street, Mundaring

1. The site has been recognised by theShire as having a low land use capability for housing, let alone high density housing Developers are normally astute when purchasing development sites. Was the Developer given any assurances by the Shire that this development was suitable for this site, and given the environmental sensitivity of this site why hasn’t the shire used it's discretionary powers to refuse a 50% loading on the number of unitsto reduce its impact on the environment.

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The President advised that all applications submitted to the Shire are assessed within the required statutory framework – no assurances were given, and cannot be given. With regard to thediscretiona y power of Council, Council has permitted only 1/3 of the total units allowable as per an R30 density code. Notwithstanding, the number of units are restricted due to the Metropolitan Sewage Policy.

2.

Has an Environmental Site Assessment been requested?

The President advised that a Site Specificland/soils capability study has been undertaken.

C8 JULY 2009


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Have any water samples been taken?

Executive Manager Statutory Services advised that the Department of Water was consulted when the application was submitted to the Shire. Department of Water provided comment at that time that the vegetation buf er was required along the creek line to prevent any corrosion and also to maintain habitats and also that the watercourse with any crossings through the e to ensure that there is no damage to ecology. The Department of Conservation and Environment were contacted also at the ime of the application and they made

no comment.

Ms Elvin submitted a copy of a submission that was made to the Environmental Protection Authority. A copy of this submission can be found on the Shire’s Records Management System.

C9 JULY 2009


Name : Jeanie Rose, 420 Gill Street, Mundaring

1. Why are large developers allowed concessions and are treated leniently when normal ratepayers wanting to subdivide their blocks are subject tostrict requirements?

The President advised that she does not accept the proposition included within the question. All applications submitted, be they by residents or developers, are assessed against the relevant legislation & policy in an equitable manner.

2. Has the developer conducted any ofthe following, and are the documents available to the public:

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• Clearing permit through DEC • Fauna search through the DEC • Baseline water sampling on the wetland • Prepared a wetland management plan • Aboriginal site search through

Dept of Indigenous Af airs

The President advised that the developer is required to complete the necessary studies, as required by legislation or to satisfy the conditions of a planning approval i.e. a clearing permit is not required in this instance however, a planning approval would require a landscape and watercourse revegetation plan.

Take on notice whether these documents are available to the public.

C10 JULY 2009


Summary of Questions Summary of Responses Given

Name : Dave Currell, 345 Gill Street, Mundaring

1. In relation to the topography of the land a 350 Gill Street, does it meet Residential code requirements for aged, dependant and over 55 development and has any consideration been given to wheelchair/elderly mobility both on site and Gill/Hartung St access?

tThe President advised that the development will comply with the Residential Design Codes and this includes path and access ways.

2. Why was the DAC meeting re the development held behind closed doors?

The President advised that the State Administrative Tribunal (SAT) has ordered the Council to mediate and reconsider its decision in relation to its decision to refuse the application. At the DAC meeting, it was determined that as the matter being discussed may result in the requirement to obtain legal advice, it should be considered behind closed doors. This decision is in accordance with the Local Government Act provisions detailing what matters council may consider behind closed doors.

Peter Gavranich, 54 Pittersen Road, Darlington

1. When will the 54 letters that I put in envelopes addressed to councillors (for which I have receipts) between the period 9 January 2009 and 6 February 2009 be returned to me?

The CEO advised that this question had been responded to earlier. A check with the Shire’s records management system will be made and copies provided.

C11 JULY 2009


2. When is the Shire going to remove

the mul i-pronged try tree branch hazard from the crown land verge of No 28 Lobelia Drive that has the potential to impale and cause death and or serious injury to users of the road reserve including mail distributors?

tThe Shire President noted that the comments made by Mr Gavranich were his perception only.

The CEO advised that this question was asked 2 weeks ago at DAC meeting and a response was provided.

3. When will the vegetation at the dangerous T junction of Dryandra Crescent and Pittersen Road, Darlington be cut back to give clear sight visibility for both pedestrians and motorists alike? First reported by resident Mr John Hillan by phone over a year ago and subsequently by me on 1 May 2009?

The Shire President advised that this question would be taken on notice.

7.35pm Cr Daw left the Council Chamber 7.38pm Cr Daw returned to the Council Chamber

C12 JULY 2009


4.0 APPLICATIONS FOR LEAVE OF ABSENCE 4.1 Leave of Absence – Cr Karen Harvey P/F

Cr Harvey requested leave of absence from all meetings of Council for three months commencing from July 2009.

COUNCIL DECISION C1.06.09 Moved by: Cr Lavell Seconded by: Cr Davies

That Cr Harvey be granted leave of absence from all meetings of Council for a

period of three months commencing July 2009. CARRIED 10/0 5.0 CONFIRMATION OF MINUTES

COUNCIL DECISION C2.06.09 Moved by: Cr Johnson Seconded by: Cr Lavell

That the minutes of the Ordinary Council meeting held 26 May 2009 be con irmed. f CARRIED 10/0 COUNCIL DECISION C3.06.09 Moved by: Cr Cuccaro Seconded by: Cr Hall That the minutes of the Special Council meeting held 3 June 2009 be confirmed. CARRIED 9/1 For

AgainstCr Dullard Cr Davies Cr Daw Cr Gardhouse Cr Cuccaro Cr Hall Cr Pilgrim Cr JohnsonCr Harvey Cr Lavell

C13 JULY 2009


6.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

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6.1 Change to Order of Business As a request had been received by Cr Jamieson to participate in this Council meeting by audio contact it was agreed to move the item relating to the request for conside ation prior to all other agenda items. COUNCIL DECISION C4.06.09 Moved by: Cr Pilgrim Seconded by: Cr Hall

That the order of business in the agenda be changed to allow Item 10.1 to be

brought forward and dealt with prior to item 9.0.

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CARRIED 10/0 7.0 PRESENTATIONS

7.1 30 Year Anniversary – Mundaring Arts Centre

The Shire would like to acknowledge the 30 Year Anniversary of the Mundaring Arts Centre. In 2009 the Mundaring Arts Centre (MAC) celebrates 30 years of providing arts and cultural activities to the people of Western Australia. Ini ially, the volunteers who formed MAC envisioned a place where artists could demonstrate their arts practice, sell their creations and provide Mundaring with a unique cultural centre where people could be inspired and supported in their artistic and creative pursuits.

The Mundaring Arts Centre has evolved past this initial vision, to exceed the expectations of its founding members. Through a ‘whole of community’ approach to arts, MAC services the community, both locally and within WA, by providing education, workshops free exhibitions community programs, access to highly trained sta f and engagement in many local cultural events.

The idea of a community arts centre for the region first emerged in the late 1970s and developed with the encouragement of Shire officers, local artists and the attendance of interested locals at community meetings. In 1979 the vision for an arts centre for the hills region came to fruition with the establishment of the Munda ing Arts Centre in a disused service station on the Great Eastern Highway. While the original Mahogany Creek address and amenities have since changed, the mission o the Mundaring A s Cent e has remained the same. Over the past 30 years, the Arts Centre has played a key role in the production, presentation and in erpretation of cultural life of our region by actively encouraging artists and audiences of all ages and backgrounds to openly enjoy, explore and engage with the arts in all i s forms.

C14 JULY 2009


8.0 DISCLOSURES OF INTERESTS 8.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting. (Sections 5.60B and 5.65 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). The CEO advised that councillors Cuccaro, Hall, Jamieson, Lavell, Johnson, Gardhouse, Davies, Pilgrim, Harvey and Dullard had previously disclosed a Financial and Proximity Interest in Item 10.5 (Review of Council Policies - Provision of Financial Assistance for Legal Services for Council Members and Employees) as they are possible recipients of financial assistance in accordance with the policy whilst an elected member.

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The Depar ment o Local Government advised that they have approved a request from the Shire for those councillors to be able to par icipate in the considera ion and decision making process relating to this item. The approval is only valid forthis Ordinary Council meeting.

Cr Daw disclosed a Financial and Proximity Interest in Item 10.5 (Review of Council Policies - Provision of Financial Assis ance for Legal Services for Council Members and Employees) as he may be a possible recipient of financial assistance in accordance with the policy whilst an elected member.

The CEO advised that as Cr Daw had no previously disclosed a Financial and Proximity Interest in this item (prior to this Council meeting) approval has not been obtained from the Department of Local Governmen for Cr Daw to participate in the consideration of this item.

Cr Dullard disclosed a Financial and Proximity Interest in Item 10.7 (Application for Exemption for Rates – HCSG) as she is the CEO of HCSG.

8.2 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

C15 JULY 2009


[Note: Item 10.1 was considered at this time as a result of Council Decision C4.06.09]

10.1 Request for Consideration to Participate at a Council Meeting

Date of Report 4 June 2009 Location / Address N/A Applicant Councillor Max Jamieson Author Thomas Pashley, Manager Administration Services Senior Officer Jonathan Throssell, CEO Disclosure of Any Interest

Nil

SUMMARY:

A request has been received from Cr Jamieson to be able to participate in the next ordinary meeting of Council on 23 June 2009 as he will be physically unableto attend the meeting due to work commitments in Bunbury. The request is in accordance with r14A of the Local Government (Administration) Regulations 1996 (the Regulations) and Council is required to approve of the arrangement.

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BACKGROUND:

Councillor Jamieson has advised the Chief Executive Officer that he will be absent from the ordinary meeting of Council on 23 June 2009 due to a work commitment but he still wished to participa e in the meeting in accordance with the Regulations.

STATUTORY / LEGAL IMPLICATIONS:

Local Government (Administration) Regulations 1996 states:

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14A. Attendance at meetings by means of instantaneous communication - s. 5.25(1)(ba)

(1) A person who is not physically present at a meeting of a council o committee is to be taken to be present at the meeting if —

(a) the person is simultaneously in audio contact, by telephone or other means of instantaneous communication, with each other person present at the meeting;

(b) the person is in a suitable place; and

(c) the council has approved* of the arrangement.

(2) A council cannot give approval unde subregulation (1)(c) i to do so would mean that at more than half of the meetings of the council, or committee, as the case may be, in that financial year, a person who was not physically present was taken to be present in accordance with this regulation.

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Item 10.1 cont’d 2

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(3) A person referred to in this regulation is no longer to be taken to be present at a meeting if the person ceases to be in instantaneous communication with each other person present at the meeting.

(4) In this regulation —

suitable place means a place that the council has approved* as a suitable place for the purpose of this regulation and tha is located —

(a) in a townsite or o her residential area; and

(b) 150 km or further from the place at which the meeting is to be held under regulation 12, measured along the shortest road route ordinarily used for travelling;

townsite has the same meaning given to that term in the Land Administration Act 1997 section 3(1).

* Absolute majority required

Standing Orders Local Law Suspension of Standing Orders 2.1.14 (1) Any of these Standing Orders or part thereof, may be suspendedon a motion which is carried by an Absolute Majority of the members.

Determining a Vote 2.2.7 Subject to Section 2.2.6 – (Unopposed Business), the method of determining a vote shall be in accordance with Section 5.21 of the Act and notwithstanding the provisions of Section 5.21 (2) every member of a committee who is present at a meeting of the committee is to vote. The procedure is as set out below – …….. (3) The result of voting is to be determined on the show of raised hands. ……..

POLICY IMPLICATIONS:

Nil

FINANCIAL IMPLICATIONS:

Nil

STRATEGIC IMPLICATIONS:

Nil

C17 JULY 2009



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SUSTAINABILITY IMPLICATIONS: Nil

CONSULTATION:

Nil

COMMENT: A request has been received from Cr Jamieson to allow him to participate in the ordinary meeting of Council at its meeting of 23 June 2009 in accordance with the Regulations as he will be physically absent from the meeting due to work commitments.

To comply with the requirements of the Regulations, Cr Jamieson must be in a suitable place being a townsite or other residential area and be in excess of 150km from the meeting place.

Cr Jamieson has indicated that he will be staying at the Lord Forrest Hotel in Bunbury which is 203 km from the Shire Administration Centre, in which case both circumstances allow Council to consider and approve the request to participate

He will be able to communicate with members of the meeting simultaneously in audio contact, by telephone or other means of instantaneous communication.

As a result of approving this request, Council must consider suspending the Standing Orders Local Law cl. 2.2.7(3) as Cr Jamieson will not be able to show his vote by raising his hand. I is therefore proposed that Cr Jamieson vo e be acknowledged by voice to the affirmative or the negative.

VOTING REQUIREMENT:

Absolute Majority

7.42pm Cr Harvey left the Council Chamber 7.45pm Cr Harvey returned to the Council Chamber

C18 JULY 2009



COUNCIL DECISION C5.06.09 OFFICER RECOMMENDATION Moved by: Cr Cuccaro Seconded by; Cr Hall That Council:

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1) approve of the arrangement to allow Cr Jamieson to participa e in the Council meeting simul aneously in audio contact, by telephone o other

means of instantaneous communication;

2) approve of the place that Cr Jamieson is located, being the Lord Forrest Hotel Bunbury during the course of the meeting;

in accordance with r14A of the Local Government (Administration) Regulations 1996; and

3) suspend Standing Orders cl. 2.2.7(3) to allow Cr Jamieson to record his vote by voice in the affirmative or the negative.

CARRIED BY AN ABSOLUTE MAJORITY 10/0

C19 JULY 2009


9.0 REPORTS OF COMMITTEES 9.1 Reports of Development Approvals Committee

COUNCIL DECISION C6.06.09 Moved by: Cr Johnson Seconded by: Cr Lavell That recommendations DAC1.06.09 to DAC3.06.09 be adopted by en bloc decision.

CARRIED 11/0

Please note: The full reports of the Development Approvals Committee to be considered by Council are contained within the minutes of the Development Approvals Committee meeting held on 9 June 2009 (see DAC Minutes). The ‘Attachments’ referred to in the following Committee recommendations refer to the minutes of the Committee meeting and not the Council meeting.

C20 JULY 2009


DAC1.06.09 - Hudman Road (360, Lot 5307) Boya – Proposed Oversize Outbuilding

COUNCIL DECISION C6.06.09 COMMITTEE RECOMMENDATION DAC1.06.09 That Council refuses the development application for 360 (Lot 5307) Hudman Road, Boya for the following reasons: 1. the floor area exceeds the maximum size allowable in the Outbuildings

Policy;

2. the ridge height exceeds the maximum size allowable in the Outbuildings Policy;

3. the wall height exceeds the maximum size allowable in the Outbuildings

Policy;

4. the outbuilding is forward of the building line;

5. the outbuilding will be constructed of a material that is different from the dwelling; and

6. it will have an adverse or detrimental effect on the amenity given its

location and visibility from the adjoining road(s). CARRIED BY EN BLOC COUNCIL DECISION 6.06.09

C21 JULY 2009


DAC2.06.09 - Leithdale Road (2, Lot 2) Darlington – Proposed Excess of Total Outbuilding Area

COUNCIL DECISION C6.06.09 COMMITTEE AND OFFICER RECOMMENDATION DAC2.06.09 That Council grants approval for the proposed outbuilding at 2 (Lot 2) Leithdale Road, Darlington, subject to the following conditions: PREREQUISITES TO BE SATISFIED PRIOR TO COMMENCEMENT OF USE OR OCCUPANCY OF BUILDING(S) An Officer of the Statutory Services Group shall be requested by the developer to check that the following requirements have been met prior to the building(s) being used. 1. The development shall be in complete accordance with the approved

plans (including any amendments marked in red) and endorsed by the Executive Manager Statutory Services, unless prior approval is sought from that Officer for any variation made necessary by detailed design. (B)

2. The brickwork of the proposed outbuilding shall match that on the existing

residence to the satisfaction of the Executive Manager Statutory Services. (P)

ON-GOING CONDITIONS

The following conditions are not required to be checked for compliance prior to commencement of use or occupancy of the building(s) but still apply to the development. 3. Stormwater run-off from the development shall be managed in

accordance with Shire’s Town Planning Scheme Policy (Code) relating to Stormwater Management. A copy of this policy is attached. (I)

NOTES Note 1. If the development the subject of this approval is not substantially

commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.

C22 JULY 2009


Item DAC2.06.09 cont’d 2

Note 2. Where an approval has so lapsed, no development shall be carried out without the further approval of the Shire having first been sought and obtained.

Note 3. If an applicant is aggrieved by this determination there is a right to

make an application to the State Administrative Tribunal for a review of the decision under Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the date of this letter and a copy of the application must be served on the Shire.

ADVICE NOTES Please note the following information: 1. This approval is a Planning Approval of the Shire of Mundaring under its

Town Planning Scheme No 3 and is not a building licence or an approval to commence or carry out development under any other law. It is the proponent’s responsibility to obtain all necessary approvals, consents and licences required under any other law.

2. Approval for the proposed retaining will require a building license. (B) 3. If you require any further information regarding any particular condition,

please contact an Officer from the Service nominated at the end of the condition as set out below:

"P" - Planning "H" - Environmental Health "I" - Infrastructure "B" - Building "E" - Environment CARRIED BY EN BLOC COUNCIL DECISION 6.06.09

C23 JULY 2009


DAC3.06.09 - Private Land Conservation Incentives Strategy and Action Plan

COUNCIL DECISION C6.06.09 COMMITTEE AND OFFICER RECOMMENDATION DAC3.06.09 That Council –

1. endorses the Private Land Conservation Incentives Strategy and Action Plan;

2. notes the implementation of the Private Land Conservation Incentives

Strategy and Action Plan is subject to future Budget Approvals Process or on the receipt of external funding.

CARRIED BY EN BLOC COUNCIL DECISION 6.06.09

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10.0 REPORTS OF OFFICERS 10.1 Request for Consideration to Participate at a Council Meeting

Considered prior to Item 9.0.

10.2 Volunteer Committee – Blackboy Hill Commemorative Site Committee

Date of Report 22 May 2009

Location / Address N/A

Applicant N/A

Author Thomas Pashley, Manager Administration Services

Senior Officer Paul O’Connor, Executive Manager Corporate Services

Disclosure of Any Interest

Nil

SUMMARY: That Council endorse the creation of the Blackboy Hill Commemorative Site Committee as a volunteer committee of Council and adopts the scope and the membership of the committee which allows the committee to undertake, sponsor and encourage functions at Blackboy Hill in line with the purpose and principals of the establishment of the site. BACKGROUND: The Blackboy Hill Commemorative Site is heritage listed as a commemorative site. An advisory committee was established by Council in the 1980’s with its objectives being: 1. To provide comment and advice to Council on matters relating to promotion

and use of the commemorative site.

2. To provide a means of communication between community groups and Council.

3. To facilitate a coordinated approach in the provision of commemorative

services associated with Anzac Day remembrance services and other historical links with the site.

4. To identify strategies for the development of the site.

5. To examine and recommend to Council the implications of current policies

and procedures affecting the site in relation to its use and presentation.

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6. Make recommendations to Council on budget provision for preventative maintenance and capital items.

The committee was not appointed a committee of Council after the 2007 Ordinary Election of Council as its role was more an honorary role with events at the site being linked to ANZAC Day, Remembrance Day and anniversary dates associated to the site.

STATUTORY / LEGAL IMPLICATIONS: The Shire’s Insurer, Local Government Insurance Service, has advised that unless the scope of the committee is a resolution of Council, the actions of the committee can be deemed as illegal and not fall under the jurisdiction of the Shire or the Shire’s volunteer insurance cover. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Discussions have been held with the Shire’s Insurer, Local Government Insurance Service. COMMENT: The Blackboy Hill Commemorative Site Committee meets as required but generally 3 times per year. Its members consist of -

• Member of the Bellevue and Eastern Hills Sub-Branches of the RSL; • Blackboy Hill Friends Group; • Perth Legacy; • Interested individuals,

with the Shire providing administrative support for its meetings.

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The committee’s main role is the co-ordination of the School ANZAC Service, ANZAC Day services and to oversee the Shire of Mundaring ANZAC Day Service Award which is in recognition of the historic link between Albany and Blackboy Hill during the 1st World War.

To further ensure committee members are cover under the Shires’ insurance scheme, it is required that Council endorse the make up of the committee.

The Blackboy Hill Commemorative Site Committee seeks Councils endorsement on the membership of the committee as follows:

2 members from the Bellevue Sub-Branch of the RSL, 1 member from the Eastern Hills Sub-Branch of the RSL, 1 member from Perth Legacy, 1 member from the Friends of Blackboy Hill, 1 member of the community, and 1 representative from the Shire to provide administration support. VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C7.06.09 OFFICER RECOMMENDATION Moved by: Cr Johnson Seconded by: Cr Lavell That Council:

1. endorses the Blackboy Hill Commemorative Site Committee as a volunteer committee of Council with its scope being: “To undertake, sponsor and encourage commemorative services and other appropriate functions at Blackboy Hill in line with the purpose and principles relating to the establishment of the Reserve, and To recommend to the Shire development and maintenance strategies to enhance the Reserve consistent with its purpose, historical significance and heritage listing.”;

2. endorses the membership of the committee as follows:

two members from the Bellevue Sub-Branch of the RSL, one member from the Eastern Hills Sub-Branch of the RSL, one member from Perth Legacy, one member from the Friends of Blackboy Hill, one member of the community, and one representative from the Shire to provide administration support.

CARRIED 11/0

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10.3 Special Council Meeting - October 2009



Applicant N/A




Nil

SUMMARY: To endorse the dates for the holding the swearing in ceremony for councillors and the holding of a Special Meeting of Council after the 2009 ordinary election of Council and the extraordinary election for Central Ward for the purpose of appointment of members to committees. BACKGROUND: For Council to be able to perform its normal functions, councillors must undertake a declaration of elected members and elected the president and deputy president of the Shire of Mundaring. The Special Meeting of Council is required to enable Council to appoint its members to standing, internal and external committees. STATUTORY / LEGAL IMPLICATIONS:

Local Government Act 1995 s5.4. Calling council meetings An ordinary or a special meeting of a council is to be held — …………………… (b) if so decided by the council. POLICY IMPLICATIONS:

Nil FINANCIAL IMPLICATIONS: A small function may be held after the ceremony for councillors and invited guests. STRATEGIC IMPLICATIONS: Nil

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SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil COMMENT: The ordinary election of Council is to be held on 17 October 2009 with the extraordinary election for Central Ward also being held on this date. For Council to be able to perform its normal functions, councillors must undertake a declaration of elected members and elect the president and deputy president. Such activities will be performed at the swearing in ceremony. The Special Meeting of Council is required to enable Council to appoint its members to standing, internal and external committees. VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C8.06.09 OFFICER RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Gardhouse That Council endorse the following: 1. That the swearing in ceremony for the declaration of elected members; election of a President and Deputy President and for the President and Deputy president to undertake the declaration of Office to be held on 19 October 2009 commencing at 6pm in the Council Chamber; 2. That a Special Meeting of Council for the appointment of members to committees be held on 21 October 2009 commencing at 6pm in the Council Chamber. CARRIED 11/0

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10.4 Policy Review - Attendance by Councillors at Conferences



Applicant N/A




Nil

SUMMARY: The policy relating to Attendance by Councillors at Conferences is not due for review. If a review was to be undertaken or amendments were to occur to the policy as a result of this report, s5.65 of the Local Government Act 1995 would have to be considered. The report seeks that Council delegates authority to the Chief Executive Officer in accordance with s5.42 of the Local Government Act 1995 to administer the policy relating to Attendance by Councillors at Conferences. BACKGROUND: The policy was adopted in 2005 to establish standards for the attendance of Councillors at both intrastate and interstate conferences and the reimbursement of expenses incurred during those attendances. STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 states: 5.65. Members’ interests in matters to be discussed at meetings to be disclosed (1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. 5.67. Disclosing members not to participate in meetings A member who makes a disclosure under section 5.65 must not — (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

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5.69. Minister may allow members disclosing interests to participate etc. in meetings (1) If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

5.42. Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act other than those referred to in section 5.43. * Absolute majority required. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation. POLICY IMPLICATIONS:

Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil COMMENT: The policy relating to Attendance by Councillors at Conferences is not due for review. If a review was to be undertaken or amendments were to occur to the policy as a result of this report, s5.65 of the Local Government Act 1995 would have to be considered as policy creates a potential financial benefit to all members and there is the requirement for members to declare a financial interest and therefore members would be unable to consider this matter unless exemption is sought from the Minister in accordance with the Local Government Act 1995.

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Some elected members may believe that a financial benefit does not exist when Council is only dealing with the adoption of policies that provide the guidelines for when benefits will be given. Contrary to this belief, a person is defined in the legislation as having a financial interest in a matter “if it is reasonable to expect that the matter will, if dealt with by the local government in a particular way, result in a financial gain, loss, benefit or detriment for the person”. The purpose of the report is to seek delegation to the Chief Executive Officer to administer the policy. VOTING REQUIREMENT: Absolute Majority COUNCIL DECISION C9.06.09 OFFICER RECOMMENDATION Moved by: Cr Johnson Seconded by: Cr Pilgrim That Council delegates authority to the Chief Executive Officer in accordance with s5.42 of the Local Government Act 1995 to administer the policy (ATTACHMENT 1) in relation to Attendance by Councillors at Conferences. CARRIED BY AN ABSOLUTE MAJORITY 11/0

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7.53pm Cr Jamieson disclosed a Financial Interest in Item 10.5 as he may be a possible recipient of financial assistance in accordance with the policy whilst an elected member. Approval was received by the Department of Local Government for Cr Jamieson to participate in the consideration of this item. 10.5 Review of Council Policies - Provision of Financial Assistance for Legal

Services for Council Members and Employees

Date of Report 3 June 2009


Applicant N/A




The policy relating to the Provision of Financial Assistance for Legal Services for Council Members and Employees has direct influence on the Author and Senior Officer as it may provide a financial benefit.

SUMMARY: The policy relating to the Provision of Financial Assistance for Legal Services for Council Members and Employees as presented at ATTACHMENT 2 has been reviewed by staff with the recommendation to endorse the policy without amendment. BACKGROUND: Council resolved at its meeting of the 27 November 2007 (C5.11.07) that the Policy Review Occasional Committee be abolished and that any Council policies requiring review be taken directly to the Strategic and Governance Committee meetings. A timetable has been developed to ensure policies are reviewed once per electoral cycle with an item to be presented for consideration in March, June and September each year.

This matter has previously been presented to Council (C12.04.09 on 28 April

2009) for consideration.

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Item 10.5 cont’d 2 STATUTORY/LEGAL IMPLICATIONS: Local Government Act 1995 states: 5.65. Members’ interests in matters to be discussed at meetings to be disclosed (1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — (a) in a written notice given to the CEO before the meeting;

or (b) at the meeting immediately before the matter is discussed. 5.67. Disclosing members not to participate in meetings A member who makes a disclosure under section 5.65 must not — (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69. 5.69. Minister may allow members disclosing interests to participate etc. in meetings (1) If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil


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Item 10.5 cont’d 3 CONSULTATION: The Department of Local Government and Regional Development (the Department) has been consulted on this matter. COMMENT: As a result of a review by staff of the policy relating to the Provision of Financial Assistance for Legal Services for Council Members and Employees, it is proposed that the policy be endorsed.

The policy was presented to Council for consideration (C12.04.09) on 28 April 2009 with a recommendation to seek from the Director General of the Department approval in accordance with s5.69 of the Local Government Act 1995 to enable Council to consider the policy. The Department has been in contact with the Shire and the matter is again presented to Council for endorsement. VOTING REQUIREMENT:

Simple Majority 7.53pm Cr Daw had previously declared a financial interest in item 10.5 and as approval had

not been received by the Department of Local Government for Cr Daw to participate in the consideration of this item he left the Council Chamber.

COUNCIL DECISION C10.06.09 OFFICER RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Hall

That Council notes that the policy relating to the Provision of Financial Assistance for Legal Services for Council Members and Employees as identified at ATTACHMENT 2 has been reviewed with no changes.

CARRIED 9/1

For AgainstCr Dullard Cr Davies Cr Gardhouse Cr Cuccaro Cr Hall Cr Pilgrim Cr JohnsonCr Harvey Cr Lavell Cr Jamieson

7.54pm Executive Manager Corporate Services left the Council Chamber 7.55pm Executive Manager Corporate Services returned to the Council Chamber 7.55pm Cr Daw returned to the Council Chamber

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10.6 Review of Council Policies



Applicant N/A




Nil

SUMMARY: The policies as presented at ATTACHMENTS 3 to 5 have been reviewed by staff with the recommendation to amend one policy (ATTACHMENT 3), repeal one policy (ATTACHMENT 4) and adopt one policy (ATTACHMENT 5) without amendment. BACKGROUND: Council resolved at its meeting of the 27 November 2007 (C5.11.07) that the Policy Review Occasional Committee be abolished and that any Council policies requiring review be taken directly to the Strategic and Governance Committee meetings. A timetable has been developed to ensure policies are reviewed once per electoral cycle with an item to be presented for consideration in March, June and September each year.

STATUTORY / LEGAL IMPLICATIONS: Some of the proposed policies are cognisant of the requirements of the Local Government Act 1995. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil

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Item 10.6 cont’d 2 SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil COMMENT: As a result of a review by staff of the policies, it is proposed that the following policy be amended:

• Temporary Accommodation. (ATTACHMENT 3)

Reason - due to a change in the title of a reporting employee;

and the following policy be repealed:

• Acknowledgement of Unauthorised Building Structures. (ATTACHMENT 4)

Reason - the matter is now covered by State legislation.

Note: Proposed changes are identified in the attachments by strikethrough or underlined text. The text and numbers which have strikethrough are proposed to be deleted and underlined text is proposed to be inserted.

VOTING REQUIREMENT: Simple Majority

COUNCIL DECISION C11.06.09 OFFICER RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Johnson That Council: 1) amends the policy relating to Temporary Accommodation (ATTACHMENT

3); 2) repeals the policy relating to Acknowledgement of Unauthorised Building

Structures (ATTACHMENT 4); and 3) notes that the policy relating to Structures which do not require a Building

Licence (ATTACHMENT 5) has been reviewed with no amendments. CARRIED 11/0

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7.58pm Cr Dullard had previously declared a financial interest in item 10.7 and left the Council Chamber. l

The CEO advised that due to Cr Dul ard’s financial interest disclosure and the Deputy Presiding Person also not being able to Chair the meeting, nominations were invited

by councillors for a Presiding Person. Cr Lavell nominated Cr Cuccaro to Chair the meeting for consideration of item 10.7. Cr Cuccaro accepted the nomination and assumed the chair for this item

COUNCIL DECISION C12.06.09 MOTION Moved by: Cr Lavell Seconded by: Cr Hall That Cr Cuccaro be appointed Presiding Person for consideration of Item 10.7.

CARRIED 10/0

10.7 Application for Exemption from Rates – Hills Community Support Group Inc. (Community Living Program)


Location / Address 90 Mucciarone Lane, Parkerville “Andrews Place”

Applicant Hills Community Support Group Inc. – Community Living Program

Author Leah Berendsen, Finance Officer Rates



Nil

SUMMARY:

To grant an exemption of rates for the property owned and used in the Community Living Program by the Hills Community Support Group Inc. under section 6.26 (2) (g) of the Local Government Act 1995.

BACKGROUND:

Hills Community Support Group Inc (HCSG) provides low cost housing for the frail aged, people with severe disabilities and youth at risk that are living in the community. All rental income is used in maintaining the property.

HCSG ‘Community Living Program’ has 8 other properties in the Mundaring Shire either owned or leased under the Community Disability Housing Program, if leased the properties are administered by the Department of Housing & Works (DHW). HCSG charges tenants who are on frail aged people, are on a disability support pension or youth at risk a rental charge up to a maximum of 25% of their income including rent assistance. This rental income is the only source of funds the program receives to carry out the above maintenance work.

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Item 10.7 cont’d 2 HCSG has made an application to the Shire for an exemption from shire rates on the property used in the Community Living Program. Rates staff members have confirmed with the Water Corporation that a water rates exemption on this property within the Shire of Mundaring has been granted by the Corporation. HCSG’s application for an exemption of shire rates included copies of their Constitution, Certificate of Registration under the Charitable Collections Act, Certificate of Incorporation, plus an Australian Tax Office Endorsement as an income tax exempt charitable entity, as proof that the land is used for ‘Charitable Purposes’.

STATUTORY / LEGAL IMPLICATIONS: Section 6.26 (2) (g) of the Local Government Act provides:

“(2) The following land is not rateable land –

(g) land used for charitable purposes;”

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: An ongoing loss of revenue of approximately $2,100.00 per annum. The rates write off is minimal because the other 8 properties owned/leased by Hills Community Support Group for this financial year and were not paying the Rates & Charges due to previous granted exemption. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil

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Item 10.7 cont’d 3 COMMENT: 1. Council has previously approved a rate exemption to the following HSCG

properties: 22-24 George Street, Mount Helena 1 Breckler Drive, Mount Helena 16 Buckland Grove, Mount Helena 12 Domain Court, Greenmount 2 Craig Street, Mundaring 4 Craig Street, Mundaring 23 Beaconsfield Avenue, Midvale 14 Chidlow Street, Mount Helena

2. The reason for the effective date of 01 January 2009 for exemption is due

to the house only being completed mid-late December, and residential rates becoming effective 01 January 2009. The Water Corporation has granted exemption to HSCG for water rates, and support of this application is consistent with the above decision.

VOTING REQUIREMENT: Simple majority COUNCIL DECISION C13.06.09 OFFICER RECOMMENDATION Moved by: Cr Hall Seconded by: Cr Johnson That:

1) the property at 90 Mucciarone Lane Parkerville owned by HSCG

‘Community Living Program’ is to be exempt from rates effective 1 January 2009; and

2) Council notes that the rates foregone for 2008/09 effective 01 January

2009 will be in the order of $1,040.80. CARRIED 10/0

7.59pm Cr Pilgrim left the Council Chamber 7.59pm Cr Dullard returned to the Council Chamber and assumed the Chair

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10.8 Cultural Plan 2009- 2012



Applicant N/A

Author Lyndsey Stoney, Community Development Advisor

Senior Officer Megan Griffiths, Executive Manager Community Services


Nil

SUMMARY: This report presents the draft Cultural Plan 2009 - 2012 (included as ATTACHMENT 6) for adoption. An extensive range of strategies are outlined and recommendations around sustainable Cultural Planning activities have been made. BACKGROUND: Work on the cultural planning process commenced with the Chidlow community in September 2003 and the resulting Chidlow Village Green master plan, which encapsulates the community’s vision, was adopted by Council in March 2006. As a result of this consultation and planning process, many positive outcomes have been achieved in the eastern region of the Shire. It is important to note that the positive flow on from this consultation is still occurring, with many achievements made since 2003. Achievements include: • The development and continued success of Trek the Trail, which is an annual

Hills community walking event attracting -5000 participants each year, conducted along various different sections of the Railway Reserves Heritage Trail. Walkers enjoy various art displays and entertainment as they experience the beauty of some of the State’s best walking trails.

• The development of the Chidlow Village Green master plan and commencement of construction of infrastructure sourced by the community.

• Arts projects including the Chidlow rainwater mural project, pump station, sculpture in Wooroloo, Mt Helena Aquatic Centre mural, Disability Service Commission/Water Corp mural project and Munda Biddi Trailhead installation.

It took significant officer time, community input and council resources over 3 years to reach this stage. For the Village Green masterplan to be implemented, indicative costings and timeframes suggested a cost of $2.53 million over a 20-year timeframe.

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The original focus of the Shire’s cultural planning process was to progressively develop cultural plans for each of the 22 villages throughout the Shire. Given the 3-year plus timeframe and the human and financial resources required to date to implement the cultural planning process in Chidlow, this process was reviewed to ascertain its long-term sustainability. Council agreed that developing a cultural plan for each village was not sustainable as it would put substantial pressure on Council resources to implement the plans and it could unfairly raise community expectations in regards to the implementation of any such plans. Instead, council decided to develop one cultural plan for the whole of the Shire of Mundaring. The plan was to be developed in 1-2 years and would then provide a clear guide for future activities. STATUTORY / LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Implementation of the Cultural Plan for the financial year 2009/2010 will be resourced from existing budgets.

STRATEGIC IMPLICATIONS: The Shire’s strategic plan document “Strategic Directions – A Plan for the Future 2007- 2010” asks that staff develop, progressively implement and review a Shire Cultural Plan.

SUSTAINABILITY IMPLICATIONS: The Cultural Plan 2009 - 2011 provides clear direction for the Shire in working towards its strategic vision:

A vibrant community enjoying a rich mix of lifestyles The Cultural Plan 2009 - 2012 has been developed in line with sustainability principles and as such, seeks to

• encourage collaboration between community organisations • maximise external funding opportunities • carefully allocate resources.

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CONSULTATION: Comprehensive consultation has informed the development of this plan. The local community, local service providers, Shire staff and Councillors have been involved in one or more of the following consultation opportunities: November 2003- May 2004

Chidlow Community Plan Development of Chidlow Precinct Plan, Community Day, Wishing Well of Ideas, Community Planning Workshop, Community Feedback.

January – July 2007

Launching into Youth The Launching into Youth Community consultation, conducted by The CREW included innovative, youth friendly consultation methods.

October 2007

Seniors Week Surveys were carried out at the Shire of Mundaring’s annual Seniors week event, asking seniors to identify what they value within their community; what they perceive as unique to their community and what they aspire to have in their community that typifies their culture and their sense of place.

November 2007

Darlington Arts Festival Shire staff attended the Darlington Arts Festival and engaged in community consultation with the assistance of the Seen and Heard Youth Service. Two surveys were carried out. One aimed at youth and one targeted to the general public. There was also an opportunity for creative and artistic expressions of the community’s values and ideas through “Mundaring Through Your Eyes” and a brainstorming wall.

January 2008

Photovoice project The Photovoice project involved 33 local residents in a participatory photography project. Participants were asked to capture images of places, experiences, groups and parts of their environment that they valued or loved within the Shire of Mundaring. Participants chose their favourite photo at the end of the project and this was used for the Photovoice exhibition.

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March 2008

Photovoice exhibition Shire staff attended the Mundaring Community Fair and conducted a small exhibition of the Photovoice project. Members of the public were invited to view the exhibition and were given a chance to vote and comment on their favourite image.

June 2008 Backchat- Arts Advisory Group

Consultation feedback was collated and a creative presentation was formulated. The purpose of the ‘Backchat’ presentation was to present the collated material back to the local community and ensure that the themes were accurate and to identify any gaps.A ‘Backchat’ session was presented to the Arts Advisory Group as a trial run before going to the public.

August 2008

Backchat- Public Shire staff attended the Mundaring Rotary markets and presented three ‘Backchat’ sessions to members of the public.

August 2008

Backchat- Councillors A ‘Backchat’ presentation was made to Councillors at the Council Forum meeting.

December 2008

Cultural Planning Workshop- Shire staff

Two Cultural Planning sessions were held with Shire staff to explain the concept of Cultural Planning, its benefits and how it may influence and enhance the work of Shire staff. Many staff participated, with each service team and service group attending.

December – January 2009

Draft Plan A draft plan was circulated for comment to all Shire of Mundaring Councillors and staff and other key stakeholders.

Approximately 700 people were involved in the above consultation projects. An additional workshop on the draft plan was held with councillors on 8 June 2009.

COMMENT: The endorsement of the draft Cultural Plan 2009 – 2012 will provide the Shire of Mundaring and the community an opportunity to work together to achieve significant cultural outcomes for the enjoyment of all who reside in the area.

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The Plan provides a wide range of strategies for the attainment of these cultural outcomes and importantly, informs Council in a strategic manner of the cultural identity of its residents and which components of their cultural landscape they view as significant. It also aligns cultural endeavours with existing services, agencies and key stakeholders in the community and brings a broader vision and meaning to a range of activities, events and services available through the Shire. The Cultural Plan will assist an increase in a sense of community and will help to develop a sense of place unique to the Shire of Mundaring. Based on a clear, guiding Cultural Planning document, which demonstrates the Shire’s interest in and commitment to the cultural development of its community, external funding resources will be sought with confidence. As outlined in the table above, Shire officers have worked with members of the Cultural Planning Reference Group, the Arts Advisory Group, the local community, Shire of Mundaring staff, and other local groups to develop an understanding of the cultural and environmental significance of the area. Each of these groups was also given the opportunity to review the draft Cultural Plan 2009 – 2012 and provide feedback, see abridged version (ATTACHMENT 7). A range of consultation methods were employed to keep the community informed about the project and to invite their participation. In May 2009 a Cultural Networking Forum was established in order that the Mundaring Arts Centre, Katharine Susannah Prichard Writer’s Centre, Mundaring Tourism Association and Mundaring and Hills Historical Society could be involved in and contribute to projects outlined in the Cultural Plan, learn more about each other’s services and find ways in which to collaborate on projects.

It is anticipated that the implementation of strategies will be reviewed annually, with an update provided to Council. VOTING REQUIREMENT: Simple Majority

7.59pm Cr Pilgrim returned to the Council Chamber COUNCIL DECISION C14.06.09 OFFICER RECOMMENDATION Moved by: Cr Jamieson Seconded by: Cr Hall That the Cultural Plan 2009 – 2012 as presented at ATTACHMENT 6 be adopted. CARRIED 8/3

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For

AgainstCr Dullard Cr Daw Cr Davies Cr Pilgrim Cr Gardhouse Cr JohnsonCr Harvey Cr Lavell Cr Cuccaro Cr Hall Cr Jamieson

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10.9 Glen Forrest Emergency Scout Group – Request for Shed



Applicant N/A

Author Brad Lukosius, Community Facilities Coordinator

Senior Officer Executive Manager Community Services, Megan Griffiths.


Nil

SUMMARY: The Glen Forrest Emergency Scout Group uses the Glen Forrest Hall on Friday nights and is a long term regular user. They are the only scout group in the Shire of Mundaring that do not have a dedicated facility. They currently have access to, and use of, a storage shed at the rear of the property which they converted into a storage area and a small training room. The scout group own an equipment trailer which they have recently refurbished and use for field trips and storage of equipment. The trailer is current housed off-site at a member’s house and is exposed to the elements. The scout group wish to house the trailer undercover at the Glen Forrest Hall and are proposing to install a 6m x 3m shed to serve this purpose. As the land is owned by the Shire, Council approval is required to enable the group to apply for planning and building approvals. The Shire generally supports the storage of equipment by community groups, especially where that equipment is for use at the facility. Furthermore, the Shire has in the past provided additional storage, for example in the form of sea containers, for facilities that have inadequate internal storage. It is recommended that approval be granted to the Glen Forrest Emergency Scout Group for installation of a shed to the western side of the Glen Forrest Hall subject to all relevant building and planning approvals being met. The original site requested by the scout group, at the rear of the hall, is not supported due to the impact it would have on the Shire’s ability to maintain the existing open drain around the hall. Placement of the shed on the western side of the hall, as indicated on the map at ATTACHMENT 8, will not interfere with rear access to the hall and will allow the Shire to continue to maintain the existing open drain. The scout group will be responsible for all costs relating to the approvals and construction of the shed and it is also recommended they enter into a user agreement with the Shire for use of the shed, with the stipulation that they be responsible for the upkeep, maintenance and structural integrity of the shed.

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BACKGROUND: The Glen Forrest Emergency Scout Group is a long term regular user of the Glen Forrest Hall, using the facility on Friday nights from 5.30pm – 9.00pm. They are the only scout group in the Shire without a dedicated facility. There are currently five other regular users of the Glen Forrest Hall. The scout group currently have access to a storage shed located at the rear of the Glen Forrest Hall which was gifted to them many years ago. The Shire has had no responsibility for the use, upkeep or maintenance of this shed and there is currently no user agreement in place for this facility outlining the responsibilities of each party. The scouts have since used their own funds to section off the back half of the shed with plaster board and insulation for a fully enclosed interview/training room which has reduced the storage capacity of this shed by half. The scout group owns a professionally fitted-out trailer which they use to store their equipment and take on field/camping trips. The trailer has recently been refurbished and is currently stored at a member’s house and is exposed to the elements. The scout group would like to store the trailer undercover so as to preserve its condition and allow easy access when using the Glen Forrest Hall. As the existing storage shed now has an interview/training room at the rear half of the storage shed the trailer will not fit. The scout group initially applied to the Shire in July 2008 to locate a sea container next to the Glen Forrest Hall to locate the group’s equipment trailer. This application was rejected at the time for the following reasons: • The location of a sea container was not supported at this location due to

the negative aesthetic value this would bring to a public facility. • Concern was raised that approving storage of a community group’s

equipment, not related to the use of the facility where it is located, may set a precedent to allow community organisations to build store rooms for general storage on Shire land rather than storing at member’s properties as has always been the case.

• A concern was raised about the interview/training room constructed inside the storage shed. If this room was removed from the shed there would be ample room to store the camper trailer. To ensure the scouts still had a interview/training room the Shire offered the use of the storage room inside the Glen Forrest Hall for this purpose.

• It was recommended at the time that the scouts remove the interview/training room and reinstate the shed for storage thereby allowing room for housing of the equipment trailer.

The scouts have indicated that they had invested a substantial amount of funds in building the training room and did not want to disassemble it. As such they still require additional storage space in which to house the equipment trailer.

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STATUTORY / LEGAL IMPLICATIONS: The land on which the shed is to be placed is owned by the Shire and as such approval by the owner is required for the construction of any facility. The scout group will also require planning and building approval. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: As the scouts will be responsible for all costs there will be no financial impost on the Shire. STRATEGIC IMPLICATIONS: Nil. SUSTAINABILITY IMPLICATIONS:

Social The provision of facilities to community groups helps build social engagement. CONSULTATION: The scout group have been in consultation with Shire officers and have also met on-site with the Shire President and Deputy Shire President. All other regular users of the hall have been advised of the scout’s proposal and no negative responses have been received. COMMENT: Since the rejection of the sea container as a storage area at the Glen Forrest Hall the scout group have submitted an application to construct a 6m x 3m gable roof Colourbond shed at the rear of the hall. This will double the amount of storage they currently have. The requested site, at the rear of the hall, is not supported as it would impact on the Shire’s ability to maintain the existing open drain located to the north west of the hall. An alternate site on the western side of the facility (map attached, refer ATTACHMENT 8), is the preferred option as it will not interfere with rear access to the hall nor the Shire’s ability to maintain the open drain. The Scout group have been advised of the change of site and are in favour of this option.

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Item 10.9 cont’d 4 This proposal for the shed overcomes the aesthetics issue related to the sea container and the proposed location does not have any real impact on the access or use of the Glen Forrest Hall. The issue of providing general storage to community organisations on Shire land has been reviewed and in light of the substantial storage other scout and guide groups enjoy at their purpose built facilities, albeit through a lease arrangement, it seems reasonable to provide support of a similar level of storage for the Glen Forrest scouts. The scout group has advised they accept full responsibility for all costs related to the approval and construction of the shed. The group have also indicated they are prepared to be fully responsible for the shed’s ongoing maintenance and upkeep. To formalise and document this arrangement it is recommended the Shire and Glen Forrest Scout Group enter into a user agreement for the current shed and the proposed shed with the following details: • 5 plus 5 year agreement term • No fee. • The scout group be fully responsible for the upkeep, maintenance,

operating costs and structural integrity of the shed. • The new shed will only be used for storage purposes.

VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C15.06.09 OFFICER RECOMMENDATION Moved by: Cr Johnson Seconded by: Cr Lavell

That:

1. the Glen Forrest Emergency Scout Group be granted in principle approval to install a shed at the western side of the Glen Forrest Hall subject to the group receiving and complying with the relevant building and planning approvals;

2. the Chief Executive Officer be authorised to enter into a user agreement

with the Glen Forrest Emergency Scout Group existing storage shed and proposed storage shed at the rear of the Glen Forrest Hall.

CARRIED 11/0

C50 JULY 2009


10.10 Annual Carry Forward Capital Project Values



Applicant N/A

Author Shane Purdy, Executive Manager Infrastructure Services

Senior Officer As Above


Nil

SUMMARY: This report seeks a performance target for the carry forward figure for annual capital work allocations. BACKGROUND: The amount of carry forward capital values has been significant for the past several years. As part of the Chief Executive Officers annual key performance criteria a report and review on carry forwards is required. STATUTORY / LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Included in the Chief Executive Officer’s Annual performance criteria was to “Prepare a report detailing how deferred works programs and projects in the current year’s budget can be reduced”. SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil

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Item 10.10 cont’d 2 COMMENT: Below is a table showing recent annual carry forward values and annual capital works values;

Year Carry Forward Total Capital Percentage 05/06 3,068,375 11,568,155 26.5% 06/07 4,449,939 14,384,835 30.9% 07/08 4,977,444 18,280,216 27.2% 08/09 (forecast) 2,794,233 11,754,851 23.8% 08/09 (current) 4,809,646 11,754,851 40.9% 09/10 9,284,045

In 2003, 2004 and 2005 there was a significant turnover of key staff in the Infrastructure Services area including appointments of the Executive Manager Infrastructure Services, Manager Design Services, Senior Engineering Technical Officer and Engineering Technical Officer (Design). The loss of senior staff in such close succession resulted in a loss of continuity and knowledge behind projects and processes. The years of 2006, 2007 and 2008 were particularly busy as significant projects from the Civic Facilities Reserve were being undertaken following many years of building up the Civic Facilities Reserve. These large projects were on top of the typical annual capital rolling program of works undertaken. Works included oval upgrades for Mundaring Oval, Brown Park and Harry Riseborough; carpark construction and changeroom extensions to Mundaring Oval, Operations Centre Depot and Administration and Civic Centre building extensions and refurbishments. There was also a period of disruption related to the move to and back from transportable buildings during 2007 and 2008. The carry forward figure as a percentage of the total capital works for the three year period between 2005/06 and 2007/08 was between 26% and 31%. The carry forward figure for 2008/09 will be between the current value (monies left to spend as of 5 June 2009) of $4,809,646 (40.9%) and forecasted 30 June 2009 value of $2,794,233 (23.8%) depending if all costs come in for projects currently underway, such as the disability access works and Lake Leschenaultia dam wall. A similar carry forward percentage is therefore expected to the three previous years. The make up of the carry forward works from 2007/08 and 2008/09 are shown on ATTACHMENT 9. The carry forward figures can be influenced by delays in approvals (e.g. Metropolitan Regional Road projects), consultation requirements (e.g. Precinct Plan works) or grants received midway through the year (e.g. $716,000 RLCIP funds from the Federal Government).

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As a stable workforce has now been achieved within Design and Operations Services and the very large programs of 2006/07 and 2007/08 have now been predominantly dealt with, capital allocation carry forwards are expected to be less in 2009/10. It is desirable to have a certain level of carry forward works to ensure sufficient funds are available in July and August of each year prior to rates being received. Given the above information it is considered that carry forward capital amounts as a performance target should not exceed 20% of the annual capital allocation in any one year. VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C16.06.09 OFFICER RECOMMENDATION Moved by: Cr Johnson Seconded by: Cr Hall That Council set a performance target to not exceed 20% carry forward of the capital allocation in the 2009/10 annual budget. CARRIED 11/0

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10.11 Budget Reallocation – East Ward Footpath Works


Location / Address

Applicant N/A

Author Shane Purdy, Executive Manager Infrastructure Services

Senior Officer As Above


Nil

SUMMARY: To complement the recent roadworks in Sexton Street and Railway Terrace it is proposed to delay the Cook Street, Mt Helena footpath to the 2009/10 financial year and use these existing funds to undertake asphalt footpath works in Sexton Street and Railway Terrace, Sawyers Valley. BACKGROUND: Roadworks have recently been undertaken in Sexton Street and Railway Terrace. No funding was provided for footpath works in the 2008/09 budget, however the path works were listed for funding in the 20 year Infrastructure Capital Rolling Program for 2009/10. The East Ward footpath allocation for 2008/09 is the Cook Street footpath. STATUTORY / LEGAL IMPLICATIONS: In accordance with section 6.8 of the Local Government Act a local government is not to incur expenditure on an additional purpose except where the expenditure is authorised in advance by resolution (absolute majority). POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: The budget reallocation will have a nil net effect on the 2008/09 budget. The new funding for Cook Street in 2009/10 will be derived form the East Ward footpath allocation. STRATEGIC IMPLICATIONS: Nil

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SUSTAINABILITY IMPLICATIONS: Nil CONSULTATION: Nil COMMENT: The proposed Cook Street concrete footpath from Evans Street to Princess Street is listed in the 2008/09 budget with funds of $66,290. This project has yet to be commenced. To complement the recent roadworks in Sexton Street and Railway Terrace it is proposed the footpath works originally listed in the 2009/10 financial year of the Capital Rolling Program for Sexton Street and Railway Terrace be brought forward and swapped with the current East Ward footpath allocation for Cook Street. This will enable the works in Sexton Street and Railway Terrace to be commenced earlier, thus minimising time between disturbing the verges again. The proposed asphalt footpath in Railway Terrace will continue on from where it currently ends at Barlow Terrace to Sexton Street and then along Sexton Street to Kirkstall Way adjacent the recent roadworks. The Cook Street footpath is re-listed in the draft 2009/10 budget as part of the 2009/10 East ward footpath allocations. VOTING REQUIREMENT: Absolute Majority COUNCIL DECISION C17.06.09 OFFICER RECOMMENDATION Moved by: Cr Davies Seconded by: Cr Gardhouse That Council amends the 2008/09 budget by reallocating funds totalling $66,290 from the Cook Street, Mt Helena footpath project to the new Sexton Street and Railway Terrace asphalt footpath project. CARRIED BY AN ABSOLUTE MAJORITY 11/0

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10.12 Payment between Meetings



Applicant N/A

Author Andrea Douglas, Personal Assistant to EMCORS



Nil

SUMMARY: A list of accounts paid from the municipal fund or trust fund under the Chief Executive Officer’s delegation during the month of May 2009 is presented to Council to note. BACKGROUND: Council has delegated to the Chief Executive Officer 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 a list of accounts paid by the Chief Executive Officer 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

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Item 10.12 cont’d 2 (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

POLICY IMPLICATIONS: Nil 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: Nil SUSTAINABILITY IMPLICATIONS: Economic - making financial information available to Council and the community to keep them informed about the financial position of the Shire. CONSULTATION: Not applicable COMMENT: Nil

VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C18.06.09 OFFICER RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Daw That Council notes the payments made between 1 May and 31 May 2009 included as ATTACHMENT 10 and ATTACHMENT 11. CARRIED 11/0

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10.13 Adoption of the Annual Budget 2009/10

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Date of Report 18 June 2009 Locat on / Address N/A Applicant N/A Author Paul O’Connor, Executive Manager Corporate Services Senior Officer Jonathan Throssell, Chief Executive Officer Disclosure of Any Interest

Nil

SUMMARY:

Council adopted the 2009/10 Management Budget at a special meeting of Council held on 3 June 2009. The minor changes made at that meeting have been incorporated into the statutory budget, which is presented to Council for adoption (ATTACHMENT 13).

BACKGROUND:

The 2009/10 statutory budget has been prepared in accordance with the Local Government Act and responsible financial management practices. The development of the budget has been influenced by the Shire’s Strategic Plan document “Strategic Directions - A Plan for the Future 2008 – 2012” and the financial parameters of the Long Term Financial Plan 2010 – 2019.

The budget document includes the Statutory Budget format with all relevant disclosures to discharge financial accountability to the community. It incorporates any amendments from the review of the draft Management Budget by Council on 3 June 2009 and forecast figures for the 2008/09 financial year.

CHANGES: 1. Changes to the Draft Management Budget 2009/10 adopted by Council on 3

June 2009 (SC1.06.09) were:

Deferral of the following:

• Community Perception Survey ($29,500) • Administration Wall Display of Artwork ($21,000)

Inclusion of the following:

• Urban Drainage Strategy ($10,000) • Minor works in accordance with listed priorities within the ($40,000) minor

building works programme

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2. Correction to typos, spelling errors and minor changes to wording throughout the document – these changes are not individually identified in this schedule as they do not change the intent of the content.


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In accordance with Section 6.2 of the Local Government Act 1995, Council is required to prepare and adopt an annual budget for each financial year. The budget is to include certain information about the rates and charges that Council intends to levy as well as a range of other information required by Regulation 22 of the Local Government (Financial Management) Regulations 1996 which suppor the Act.


There are no policy implications relating to this item. FINANCIAL IMPLICATIONS:

The budget is presented as a balanced budget. The rates increase provides the minimum requirement from the community to fund all of the services provided within the budget.


Strategic Objective 3: Secure Financial Sustainability and Effective Asset Management - Outcomes:

• Responsible and effective management of finances and assets to respond to the needs of current and future generations

• The Shire maximises income opportunities through grants, land and property investments, financial investments and partnership approaches

SUSTAINABILITY IMPLICATIONS: The budget aims to achieve a balance between required services and infrastructure improvement projects for the community. It demonstrates the allocation of scarce resources in an efficient and effective manner to provide the outcomes expected by the community and considerations of the Long Term Financial Plan 2010 to 2019 adopted by Council (C14.04.09) in April 2009.

CONSULTATION:

Nil

C59 JULY 2009


Item 10.13 cont’d 3 COMMENT: The Annual Budget as presented is as requested by Council It has been prepared on the basis that the Shire has retained focus on its long term vision for financial sustainability which enables community infrastructure to be maintained and developed to mee community needs.

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Accordingly, the budget has been developed in accordance with the Long Term Financial Plan 2010 to 2019, the Local Government Act 1995 and the above significant issues. The proposed budget presented this year has been based on a 6.95% general rate increase, borrowings of $1M to ensure no reduction in capital projects and provides a balanced budget.

Comments on the recommendations to be adopted by Council to facilitate adoption o the Annual Budget are as follows:

• Annual Budget

The Annual Budget circulated with this agenda (ATTACHMENT 12) is the statutory budget prepared as required by Section 6.2 of the Local Government Act 1995 in the form and manner prescribed.

In accordance with the provisions of Section 6.2 of the Local Government Act 1995 Council is required to adopt the Municipal Fund Annual Budget for the year ending 30 June 2010.

• Rates and Charges

The rates in the dollar and minimum rates to be levied on all rateable property within the Shire of Mundaring for the 2009/10 financial year are as follows:

ZONE District Shopping, District Business, Local Centre, Service Commercial Minimum Rate $700 Rate cents in the dollar of GRV

8.920

Light Indus rial t

Minimum Rate $700

Rate cents in the dollar of GRV 8.920 Residential Minimum Rate $700 Rate cents in the dollar of GRV

8.920

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Special Purpose - District Shopping, District Business, Local Centre, Service Commercial, Light Industrial Minimum Rate $700 Rate cents in the dollar of GRV 8.920 Rural Landscape Living Residential, Rural Residential ,

Special Purpose Residential (non rural) Minimum Rate $700 Rate cents in the dollar of GRV 8.920 Special Purpose - Rural, Rural Landscape Living, General Rural, Mining Minimum Rate $700 Rate cents in the dollar of UV

0.354

Date due for payment of:

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• Dates for Payment of Rates and Services Charges

Section 6.50 of the Local Government Act 1995 allows Council to establish a due date for rates. The due date for rates cannot be earlier than 35 days after the date the rate notice was issued. The date of issue will be 10 July 2009.

The dates for the second and each subsequent instalment cannot be at intervals of less than two months from the date of the first instalment.

In accordance with the provisions of Section 6.50 of the Local Government Act 1995, rates and services charges are due and payable on 14 August 2009.

Where the four instalment option allowed in Section 6.45 of the Local Government Act 1995 is exercised, the due dates for payment of instalmentsafter the first instalment in accordance with the Local Government (Financial Management) Regulations (Regulation 64) are as follows:

2nd instalment - 16 October 2009 3rd instalment - 18 December 2009 4th instalment - 19 February 2010

• Payment Incentives

In accordance with Section 6.46 of the Local Government Act 1995, the Council can offer incentives for the payment of rates and charges. Full payment of all current and arrears of rates and domestic refuse charge (inclus ve of GST) w thin 35 days o the issue da e on the annua rate no ice provides eligibility to enter the incentive draw.

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Ratepayers other than Councillors, Government organisations and staff who pay their rates in full by 14 August 2009 will be automatically entered into thedraw. A computer will randomly select winners for prizes.

The following providers have donated prizes to the Council:

• Aspen Parks • Brook Restaurant • Club Sierra Health & Fitness Centre • Eagle Boys Pizza • Groove Music • Hills Sparkling Pool Care • Mackies of Mundaring • Mundaring Arts Centre • Mundaring Weir Hotel • WASO • Westpac

Council also provides cash incentive prizes to compliment the above donations Cost to Council in 2009/10 is $11,000 comprising of $2,000 towards the first prize and nine cash prizes of $1,000. Additionally, $300 in income is foregone for pool entry prizes and $350 for printing.

• Interest on Overdue Rates and Services Charges

Section 6.51 of the Local Government Act 1995 allows a local government to charge interest on rates and service charges that remain unpaid after they are due and payable. Section 6.45 of the Act provides that rates are ordinarily payable by a single payment.

Regulation 60 of the Local Government (Financial Management) Regulations 1996 allows a ratepayer to elect to pay by instalments by paying the due amount of the first instalment by the due date. If payment is not made by the due date, the whole amount of rates and charges becomes due and payable, and interest is payable on the total amount outstanding. The maximum interest rate that may be imposed is 11% (Regulation 70). Interest is also charged on overdue Emergency Services Levy payments at the rate of 11% per annum.

In accordance with the provisions of Section 6.51 of the Local Government Act 1995 and Regulation 70 of the Local Government (Financial Management) Regulations, interest at a rate o 10% per annum shall be payable on a rates and services charge or any instalment of a rates and services charge that remains unpaid after it is due and payable.

Where a ratepayer exercises an option o pay by instalments by paying the first instalment under an option specified in the rate notice by the due date, interest is payable on any overdue instalmen amoun .

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Where a ratepayer requests a special payment arrangement as set out in Section 6.49 of the Local Government Act 1995 as amended, interest is payable on the balance outstanding until it is paid in full.

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Eligible pensioners and eligible seniors are not required to pay interest.

• Instalments – Additional Charge

Section 6.45 of the Local Government Act 1995 provides the head of power to charge for payment by instalments. Regulation 67 of the Local Government (Financial Management) Regulations 1996 s ates:

"For the purpose of determining the additional charge to be imposed where payment of a rate or service charge is made by instalments, the local government is to -

(a) have regard to the additional costs of administration; and

(b) consider the additional charge as a full or partial reimbursement of those costs and not a charge for the purpose of making a profi ."

Regulation 68 provides the ability for local governments to charge interest (to a maximum of 5.5%) for payment by instalments. Council introduced administrative charges on interest for payment by instalments in 2007/08.

In accordance with the provisions of Section 6.45 of the Local Government Act 1995:

1. A charge of $6.67 per instalment be imposed on instalments 2 to 4 (total $20.00) for ratepayers who exercise the option to pay by four instalments.

2. Where a rate record is amended during the year due to subdivision or

revaluation and the ratepayer elects to pay by instalments, no instalment charge is imposed.

3. Where the Shire accepts payment of a rate or service charge that is

different to the ins alment program and in accordance with an agreement made with the ratepayer, no charge will be imposed.

• Borrowings

The budget has been developed in accordance with the Long Term Financial Plan 2010 to 2019 and is based on borrowings of $1M to ensure no reduction in capital projects and provides a balanced budget.

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• Rubbish Service Charge

Division 5 of Part IV of the Health Act (as amended) allows for the imposition of charges for the collection and disposal of waste. Council has previously resolved to include the cost of the transfer s ation operation and green waste recycling in the general rate. As i is proposed to set one rate in the dollar for p oper ies to be ra ed on GRV tha is no differential rate, property owners in the industrial and commercial zones will contribute towards transfer stations and green waste recycling costs. Owners of industrial and commercial properties are to be issued with a Waste Transfer Station pass.

The following charges are for the collection and disposal of waste in accordance with the provisions of the Health Act:

1. For rateable property, a rubbish service charge of $125 per Mobile Garbage Bin (MGB) for one service per week and $125 for each additional bin thereafter.

2. For non rateable property, a rubbish service charge of $255 per MGB for one service per week and $255 for each additional bin thereafter.

3. For rateable property, a kerbside recycling charge of $58 per MGB for oneservice per fortnight and $58 for each additional bin thereafter.

4. For non rateable property, a kerbside recycling charge of $65 per MGB for one service per fortnight and $65 for each additional bin thereafter.

5. A rubbish service charge of $1,125 per annum for a 1.5 cubic metre bulkbin for one lift per week and for each additional lift per week $900 per annum, $630 per annum for one lift per fortnight.

6. A discount of 25% to eligible pensioner owners on waste collection charges.

7. Waste Transfer Station passes will be issued with each rates notice. However, each replacement pass will be issued at a cos of $22.

• Fees and Charges

Council endorsed the Schedule of Fees and Charges for the 2009/10 financial year on 26 May 2009 (C14.05.09). Since then, other new revenue charges not incorporated in the schedule have been identified and are necessary for inclusion in the 2009/10 schedule (ATTACHMENT 14). They are:

• Schedule B – Rubbish Removal Service

Replacement of Waste Transfer Station pass - $22. The Shire reissues approximately 500 replacement passes a year including a number of multiple replacements.

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• Schedule D - Hub of the Hills

Utility Room - Community use - $20 flat rate per day Utility Room - Commercial use - $50 flat rate per day

• Raising of Overdraft (Loan)

Section 6.20 of the Local Government Act 1995 allows a local government to borrow funds to enable it o perform i s functions and exercise the powers conferred on it unde this Act or any other written law. This overdraft is required for the period from 1 July 2009 until the Budget for the year ended 30 June 2010 is adopted and rates income received.

Regulation 29 (b) of the Local Government (Financial Management) Regulations 1996 requires that:

“29. The notes to the annual budget are to include –

(b) in relation to a principal amount carried forward by way of over drawings on current amount (“the overdraft”) (i) an estimate of the amount brought forward on 1 July: (ii) the purpose for which the overdraft was established: (iii) the year in which the overdraft was first established: (iv) an estimate of the amount by which the overdraft will be

increased or decreased during the financial year: and (v) an estimate of the amount of overdraft which will remain at

30 June:”

Note 16 which is included in the Annual Budget for the Year Ended 30 June 2010 appears below:

Credit Standby Arrangements 2008/09

FORECAST 2009/10

BUDGET $ $Bank Overdraft Limit 1,000,000 1,000,000Bank Overdraft a Reporting Period t - -Amount of Credit Unused 1,000,000 1,000,000

The above Overdraft Facility is for the "Municipal Fund" for its normal course of operation

1,000,000

1,000,000

Council established an overdraft facility with Westpac Banking Corporation in 1998. Council has resolved in each succeeding year to maintain the overdraft facility.

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In accordance with the provisions of Section 6.20 of the Local Government Act 1995, it is recommended that Council resolves to establish an overdraft facility of up to $1,000,000 for the purpose of providing a credit facility for normal Municipal Fund operational expenditure during the year.

• Trust Fund Budget

A fund established under Section 6.9 of the Local Government Act 1995 for the purpose of holding money over which the local government does not exerc se control. It is mandatory to have a trust fund and it must be kept separate and distinct from the municipal fund.

The Shire receives contributions towards the Building Construction Industry Training Fund and the Building Registration Board, and also acts as a collection agency for other bodies. As the Shire performs only a custodial role in respect of these monies, the monies are excluded from the annual budget.

Any amounts received such as tender deposits and retention amounts controlled by the Council are included in the amount disclosed as "creditors" within current liabilities.

• Restricted Asset Budget

Where a local government has the custody of assets or revenues and the right to determine the ultimate deployment of those assets or revenues uponthe specific purpose for which they were received, the local government shall be regarded as having control over those assets and sha l unt l such time asthey are deployed to those purposes, bring them to account in the Municipal Fund as Restricted Assets.

C66 JULY 2009


Item 10.13 cont’d 10 VOTING REQUIREMENT:

Absolute Majority

COUNCIL DECISION C19.06.09 OFFICER RECOMMENDATION Moved by: Cr Hall Seconded by: Cr Lavell That Council approves:

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(i) the adoption of the Annual Budget for the year ending 30 June 2010 as distributed with this agenda (ATTACHMENT 12).

(ii) a genera rate of 8.92 cents in the dollar of the Gross Rental Value to be levied on all rateable property within the Shire of Mundaring for the 2009/10 financial year.

(iii) a general rate of 0.354 cents in the dollar to be levied on all UnimprovedValue property within the Shire of Mundaring for the 2009/10 financial year.

(iv) a minimum rate of $700 for 2009/10, notwithstanding the general rates set out in (ii) and (iii) above be adopted.

(v) the following dates be set for payment of rates by instalments and payment in full be approved:

1st instalment and payment in full 14 August 2009 2nd instalment 16 October 2009 3rd instalment 18 December 2009 4th instalment 19 February 2010

(vi) a charge o $6.67 per instalment be imposed on instalments 2 to 4 (total$20.00) for ratepayers who exercise the option to pay by four instalmentsfor 2009/10.

(vii) the provision of cash incentive prizes totalling $11,000 from the 2009/10 budget, and acknowledge and thank providers for continued o new suppor .

(viii) an interest rate of 10% per annum shall be payable on a rates and services charge or any instalment of a rates and services charge that remains unpaid after it is due and payable.

(ix) the adoption of the following charges for the collection and disposal of waste in accordance with the provisions of the Health Act:

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(a) For rateable property, a rubbish service charge of $125 per Mobile Garbage Bin (MGB) for one service per week and $125 for each additional bin thereaf er. t

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(b) For non rateable property, a rubbish service charge of $255 per MGB for one service per week and $255 for each additional bin thereafter.

(c) For rateable property, a kerbside recycling charge of $58 per MGB for one service per fortnight and $58 for each additional bin thereafter.

(d) For non rateable property, a kerbside recycling charge of $65 per MGB for one service per fortnight and $65 for each additional bin thereafter.

(e) A rubbish service charge of $1,125 per annum for a 1.5 cubic metre bulk bin for one lift per week and for each additional lift per week $900 per annum, $630 per annum for one lift per fortnight

(f) A discount of 25% to eligible pensioner owners on waste collection charges.

(g) Waste Transfer Station passes will be issued with each rates notice. However, each replacement pass will be issued at a cos of $22.

(x) borrowing of funds of up to $1M for 2009/10 to enable the Shire to maintain its capital works program.

(xi) the establishment of an overdraft facility of up to $1,000,000 for the purpose of providing a credit facility for normal Municipal Fund operational expenditure during the year.

(xii) the adoption of the Trust Fund Budget for the year ending 30 June 2010.

(xiii) the adoption of the revised Schedule of Fees and Charges for 2009/10 as distributed with this agenda (ATTACHMENT 14).

(xiv) the adoption of the Restricted Asset Budget for the year ending 30 June 2010.

CARRIED BY AN ABSOLUTE MAJORITY 8/3 For AgainstCr Dullard Cr Daw Cr Gardhouse Cr Davies Cr Cuccaro Cr Harvey Cr Hall Cr Pilgrim Cr Lavell Cr Jamieson Cr Johnson

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10.14 Financial Activity Statement – April and May 2009

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Date of Report 17 June 2009 Location / Address N/A Applicant N/A Author Rod Moss, Manager Financial Services Senior Officer Paul O’Connor, Executive Manager Corpora e

Services Disclosure of Any Interest Nil

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SUMMARY:

Included within the report are the April 2009 (ATTACHMENT 15) and May 2009 ATTACHMENT 16) Financial Activity Statements. The commentary provide

hereunder is inclusive of the April 2009 reports and reflect the current status as atthe end on May 2009. As part of the 2009/10 budget deliberations, the forecast for the year end 30 June2009 has substantially changed. A number of projects, both operating and capital, have been deferred to later years resulting in a reduced expenditure forecast. This has been necessary to assist in balancing the 2009/10 budget which is presently under Council review. The difficult underlying financial constraints and predictions of the economic situation predicated in the year ahead has prompted this action. As at 31 May 2009, the financial forecast for 30 June 2009 is that income will exceed budget by $1,956,049 and expenditure will be less than budget by $775,819. The net difference between income and expenditure is therefore favourable by $2,731,868. The Net Current Assets position at 31 May 2009 is $19,572,182 which is in line with expectations (refer ATTACHMENT 16 page 8).

BACKGROUND:

Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity reporting on the sources and applications o funds, as set out in the annualbudget. A statement of financial activity and any accompanying documents are to be presented to the Council at the next ordina y meeting of the Council following the end of the month to which the statement relates, or to the next Ordinary meeting of Council after tha meeting.

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Item 10.14 cont’d 2 STATUTORY / LEGAL IMPLICATIONS:

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Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Financial implications are addressed in the report.

STRATEGIC IMPLICATIONS: Nil. SUSTAINABILITY IMPLICATIONS: Economic - making financial information available to Council and the community tokeep them informed about the financial position o the Shire (1.2.2 of SustainabilityGuidelines).

CONSULTATION: Financial Activity Statements are included in Council agendas and minutes which are published on the Shire website. COMMENT: The following comments are inclusive of the April 2009 reports and reflect the current status as at the end on May 2009. The year to date position for the Shire is that the actual net income exceeds the budget net income by $3,801,585. This is in line with the forecast for the year end 30 June 2009.

• ATTACHMENT 16 provides the Responsibility Reports for the year to 30 June 2009.

• ATTACHMENT 16 shows the Net Current Assets and Unrestricted Funds

position at 31 May 2009 and includes a graph comparing the current year month end position to the previous year.

• ATTACHMENT 16 is a Rate Setting Statement explaining how Rate Funds received are accounted for.

C70 JULY 2009


Item 10.14 cont’d 3 Community Services: Year to date income – favourable variance of $633,347 Year to date expenditure – unfavourable variance of $81,232 Year to date net income – favourable of $552,115 The variances are mainly due to the ongoing timing differences in the Children’s Services area. Forecast income to 30 June 2009 – favourable to exceed budget by $58,197. This is due to income received by Children’s Services being greater than predicted by the budget. Forecast expenditure to 30 June – favourable to be less than budget by $281,278. This favourable variable is due to projects being deferred to 2009/10, such as the grants for seed funding programs of $16,000, and deferral of externally funded programs such as the Regional Crime Prevention Projects of $40,000, Trails marketing Project of $26,000 and cultural planning of $20,000 O her savings havebeen made on the community survey satisfaction report of $23,000, the economic development advisory budget of $51,000, (branding project, signage project, salaries), the Hub programme and other grants $20,000, and on Trek the Trail expenditure of $10,000. The remainder relates to a number of smaller savings made across the Service area.

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Governance Year to date income – favourable variance of $1,397,221 Year to date expenditure – unfavourable variance of $792,210 Year to date Net Income – favourable variance of $605,011 The net income variance of $605,011 is due to a receipt of restricted assets of $363,524 and to various other timing differences. Forecast income to 30 June 2009 is favourable by $965,063 due to reserve fund movements of $700,000 (finalisation of sale of Yallambee) and to the receipt of restricted assets not anticipated by the budget. Forecast expenditure to 30 June – unfavourable to exceed budget by $470,297. This is due to Yallambee finalisation expenses amounting to $280,000 and to movements in the Civic facilities reserve not predicted by the budget. Infrastructure Services Year to date income – favourable variance of $1,768,996 Year to date expenditure – favourable variance of $1,060,393 Year to date net income – Favourable variance of $2,829,389

C71 JULY 2009



The major item of variance are receipt of income from the sale of transportable offices of $400,000 and to the receipt of the Commonwealth Regional Local Community program grant of $716,000.

Forecast income to 30 June 2009 favourable by $793,023. Refer to year to date variance explanations above.

Forecast expenditure to 30 June 2009 favourable by $901,088. This is mainly dueto projects being deferred to 2009/10, the major ones being:

• Buckingham Heights Toy library construction - $100,000 • Hardey Road roundabout - $230,000 • Morrison/Viveash road work - $162,000 • Glen Road work - $108,000 • Lumeah Court work - $90,000 • Morrison / Swan view intersection - $153,000 • Morrison road pedestrian underpass - $483,000

These deferrals have been offset by expenditure on:

• Regional Local Community progam - $716,000 • Greenwaste recycling - $140,000 • Bitumen seal repairs - $117,000 • Gravel shoulders - $156,000 • Roads reseal – ($199,000) saving • Road shoulder improvements – ($130,000) saving • Elliot road work – ($129,000) saving • Sexton Street roadwork - $167,000 • Construction Plant and Vehicle Income – ($280,000) saving

Statutory Services

Year to date Income – favourable variance of $2,021 Year to date Expenditure – favourable variance of $175,939

The income variance is primarily due to ESL capital grants of $150,000 that have not been received, these are expected before the end of the financial year (timing difference). This has been offset by swimming pool inspection income of $129,000 received in advance which will be used for inspections in 2009/10.

The expenditure variance is due to timing differences.

C72 JULY 2009


Item 10.14 cont’d 5 Net Current Assets and Unrestricted Funds

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Included at (page 8) in ATTACHMENT 16 is the net current assets and unrestricted funds position at 31 May 2009. For comparison, the position at 30 June 2008 is also provided.

The Shire has $7,196,033 ($6,107,546 at 30 June 2008) of unrestricted funds as a31 May 2009. The cash balance in the Municipal Fund has decreased by $1,475,828 to $8,185,184 which is in line with expectations.

Also attached is a graph comparing the unrestricted funds position at 31 May 2009 with a comparison to the previous year.

Rates Setting Statement At page 10 in ATTACHMENT 16 is a Rates Setting Statement documenting the 2008/09 Budget figures as compared to the latest actual year to date figures. Thisdocument is in a similar format to the document produced in the Statutory Budgeand provides another view of the Shire’s financial position at this particular point intime.

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VOTING REQUIREMENT:

Simple Majority

COUNCIL DECISION C20.06.09 OFFICER RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Hall

That Council notes:

1. at 30 April 2009, the net difference between income and expenditure is favourable being $2,269,859 above budget; and

2. the unrestricted funds position of the Shire at 30 April 2009 is $8,685,112.

3. at 31 May 2009, the net difference between income and expenditure is favourable being $4,164,475 above budget; and

4. the unrestricted funds position of the Shire at 31 May 2009 is $7,196,033. CARRIED 11/0

C73 JULY 2009


11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN

Nil 12.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 12.1 Elected Members

Cr Daw tabled a copy of a letter to the Hon Judy Moylan from the Hon Anthony Albenese, Federal Minister for In astructure (refer ATTACHMENT 17) regarding aircraft movements over Bickley, Kalamunda, Glen Forrest and Chidlow.

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12.2 Officers Nil 13.0 MATTERS BEHIND CLOSED DOORS 13.1 Gill Street (350, Lot 104) Mundaring – Outcome of State Administrative

Tribunal Mediation Hearing

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For consideration of revoking an earlier Council decision, it is necessary for at least one third of the offices (whether vacant or not) of members of the council to support consideration of the matter before the motion can be moved (See Regulation 10, Local Government (Administration) Regulations and Shire of Mundaring Standing Orders Local Law 2.2.14).

Please note an Absolute Majority is required for Part A. Parts B and C require Simple Majority. However, Part B can only be moved subject to Part A being carried.

Preamble to Council Decision

The following Councillors indicated suppo in writing for the motion to revoke the earlier decision of Council (C7.03.09) of 24 March 2009:

Cr Hall Cr Cuccaro Cr Gardhouse Cr Lavell

C74 JULY 2009


Item 13.1 cont’d 2 Part A

COUNCIL DECISION C21.06.09 COMMITTEE RECOMMENDATION DAC4.06.09 Moved by: Cr Hall Seconded: Cr Cucccaro

That Council -

A. revokes its decision dated 24 March 2009 (C7.03.09) being:

“That Council refuses the development application for 350 (Lot 104) Gill Street, Mundaring for the following reasons: 1. The subject site has a low land use capability for housing as the

site is (for example) characterised by:

a) poorly drained soils (i.e. they are subject to water logging)

b) moderate to rapid surface water run-off and the associated risk of erosion;

2. The estimation of the 100 year ARI flood levels of the Bugle Tree

Creek tributary are based on pre-development conditions in that the peak flow estimates are made on the basis of the existing remnant vegetation on the catchment.

Any increase at all in surface water runoff from the site into

Bugle Tree Creek tributary will further add to the already present occurrence of water logging and local flooding of the tributary and adjacent side slopes;

3. The bus stop in Mann Street is not a bus service to Perth but

rather a feeder bus to Chidlow with nearest bus stop to Perth several hundred metres further away and on the south side of the highway.”

CARRIED BY AN ABSOLUTE MAJORITY 8/3

For AgainstCr Dullard Cr Daw Cr Gardhouse Cr Davies Cr Cuccaro Cr Harvey Cr Hall Cr Pilgrim Cr Johnson Cr Lavell Cr Jamieson

C75 JULY 2009


Item 13.1 cont’d 3 Part B

COMMITTEE RECOMMENDATION DAC5.06.09 Moved by: Cr Hall Seconded: Cr Gardhouse

That Council -

B. grants approval for the proposed Aged or Dependent Persons development at 350 (Lot 104) Gill Street, Mundaring subject to the following conditions:

PREREQUISITES FOR ACCEPTANCE OF BUILDING LICENCE APPLICATION Although Planning approval has been granted for this development, it is subject to conditions. Some of these conditions (as listed below) require documentation to be submitted at the time an application is made for a building license. A building license cannot be issued until this documentation has been approved so it is essential to include it with the building licence application.

1. Three copies of a landscaping plan for the subject site and adjacent

verge shall be submitted for approval to the Executive Manager Statutory Services which shows by a numerical code the botanical names, quantity and ultimate size of all plant types to be planted and outlining the vegetation and trees to be retained or removed. Such planting shall incorporate the use of local native species only. (P)

2. A revegetation and weed management plan for Bugle Tree Creek and

proposed drainage basins shall be submitted for approval to the Executive Manager Statutory Services. (P)

3. The applicant shall, in liaison with the Shire’s Environmental Services,

prepare a Nutrient and Irrigation Management Plan (NIMP) for the site. (E)

4. Designs and specifications for the crossovers, access ways and roads

in accordance with the specifications and to the satisfaction of the Shire of Mundaring shall be submitted to and approved by the Executive Manager, Infrastructure Service. All development must not impede the water flows along Bugle Tree Creek. (I)

5. A Drainage Management Plan, indicating the calculations of runoff

shall be submitted to and approved by the Executive Manager, Infrastructure Services. All work shall thereafter be completed and maintained to the satisfaction of that Officer. (I)

C76 JULY 2009



6. The submission of details regarding the proposed effluent disposal arrangements for the subject site, as approved by the Department of Health, to the satisfaction of the Manager Health Services. (H)

7. A schedule of material finishes and colours for the buildings, screen

walls and bin enclosure area(s) in accordance with Council policy shall be submitted to and approved by the Executive Manager Statutory Services, prior to the issue of a building license. (P)

8. A Fire Management plan endorsed by the Fire and Emergency Services

Authority of Western Australia being prepared by the applicant and thereafter implemented to the satisfaction of the Executive Manager Statutory Services.

9. Contribute to the total cost of a footpath linking the development to

the Mundaring Town Centre, to the satisfaction and specifications of the Executive Manager Infrastructure Services prior to the issue of a building license. (I)

10. Provide the full cost of constructing a footpath linking the site to Great

Eastern Highway along the Gill Street road reserve, to the satisfaction and specifications of the Executive Manager Infrastructure Services prior to the issue of a building license. (I)

11. An area equivalent to 10% of the lot area, in a position to be agreed

between the applicant/developer and the Shire of Mundaring, being shown on the Diagram of Survey as a “Public Recreation Reserve” and vested in the Crown under Section 152 of the Planning and Development Act 2005 as Public Open Space. (P)

12. All development shall be designed to allow the natural contours of the

land to be retained, through the use of pole home and brick build up styled dwellings and the limitation on the use of retaining walls. (P)

13. A Dust Management Plan for the development phase of the project to

be submitted and approved by the Executive Manager Statutory Services, prior to the issue of a building licence. (P)

14. The applicant shall arrange a notification (Section 70A of the Transfer

of Land Act) to be placed on the Certificate of Title, advising owners and subsequent owners of land of the restrictions that applies to the Aged or Dependent Persons’ Dwellings: at least one occupant of each dwelling shall be a disabled or physically dependent person or aged over 55, or the surviving spouse of such a person formerly resident in the dwelling. The notification shall be prepared at the landowner’s/applicant’s cost to the satisfaction of the Executive Manager Statutory Services.

C77 JULY 2009



All incidental expenses entailed in processing the notification from the Shire’s solicitor shall be borne by the applicant or owner. With regard to the above condition, the Shire recommends the applicant contact McLeods Barristers and Solicitors. (P)

PREREQUISITES TO BE SATISFIED PRIOR TO COMMENCEMENT OF USE OR OCCUPANCY OF BUILDING(S) An Officer of the Statutory Services Group shall be requested by the developer to check that the following requirements have been met prior to the use commencing or the building(s) being occupied.

15. The development shall be in complete accordance with the approved

plans (including any amendments marked in red) and endorsed by the Executive Manager Statutory Services, unless prior approval is sought from that Officer for any variation made necessary by detailed design. (B)

16. No building or earthworks shall occur within 20 metres of a

watercourse. In relation to this condition, all fill must be dieback free certified and a fence shall be erected by the applicant/developer delineating the 20 metre buffer area prior to earthworks commencing. (E)

17. The provision of an internal footpath network in accordance with the

plans. In relation to this, the path shall be at least 1.2 metres in width, so as to comply with Clause 6.5.5(A5.1) of the Residential Design Codes of Western Australia.

18. The provision of separate pedestrian paths providing wheelchair

accessibility connecting all entries to buildings with the public footpath so as to comply with Clause 6.4.5(A5)(ii)

19. The provision of sufficient lighting to pathways and communal open

space so as to comply with Clause 6.4.5(A5)(iv) of the Residential Design Codes of Western Australia.

20. Each unit being provided with a clothes drying area, which is screened

from view, so as to comply with Clause 6.4.5(A5)(ix) of the Residential Design Codes of Western Australia.

21. Permanent vertical screening, as required, shall restrict views within

the cone of vision from any major opening of an active habitable space so as to comply with Clause 6.8.1(A1)(ii) of the Residential Design Codes of Western Australia to the satisfaction of the Executive Manager Statutory Services.

C78 JULY 2009



22. Each dwelling shall be provided with an enclosed lockable storage area having an internal area of at least 4m2, so as to comply with Clause 6.10.3(A3.1) of the Residential Design Codes of Western Australia.

ON-GOING CONDITIONS The following conditions are not required to be checked for compliance prior to commencement of use or occupancy of building(s) but still apply to the development.

23. All landscaped areas to be maintained to a high horticultural standard, in accordance with the approved landscaping plan, to the satisfaction of the Executive Manager Statutory Services. (P)

24. All communal areas to be maintained to a high standard to the

satisfaction of the Executive Manager Statutory Services. (P)

25. All stormwater shall be managed in accordance with Shire’s Town Planning Scheme Policy (Code) relating to Stormwater Management. A copy of this policy is attached. (I)

26. At least one occupant of each dwelling shall be a disabled or physically

dependent person or aged over 55, or the surviving spouse of such a person formerly resident in the dwelling. (P)

27. The access to the drainage basin shall be restricted to service vehicles

and personnel. In relation to this, a barrier shall be constructed to restrict public vehicles and access from using the access to the drainage basin to the specifications and satisfaction of the Executive Manager Infrastructure Services. (I) NOTES Note 1. If the development the subject of this approval is not substantially

commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.

Note 2. Where an approval has so lapsed, no development shall be carried

out without the further approval of the Shire having first been sought and obtained.

C79 JULY 2009



Note 3. If an applicant is aggrieved by this determination there is a right to make an application to the State Administrative Tribunal for a review of the decision under Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the date of this letter and a copy of the application must be served on the Shire.

ADVICE NOTES

Please note the following information:

1. This approval is a Planning Approval of the Shire of Mundaring under its Town Planning Scheme No. 3 and is not a building license or an approval to commence or carry out development under any other law. It is the proponent’s responsibility to obtain all necessary approvals consents and licenses required under any other law.

2. The development shall comply with the Environmental protection

(Noise) Regulations 1997. 3. If you require any further information regarding any particular

condition, please contact an Officer from the Service nominated at the end of the condition as set out below:

“P” - Planning “H” - Environmental Health “I” - Infrastructure “B” - Building “E” - Environment

C80 JULY 2009


Item 13.1 cont’d 8 Preamble to Council Decision With the permission of the mover and seconder Cr Pilgrim wished to include an additional condition 15 under the heading “Prerequisites for Acceptance of Building Licence Application” and additional condi ion 29 under the heading “On- going Conditions” to the recommendation.

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COUNCIL DECISION C22.06.09 Moved by: Cr Hall Seconded: Cr Gardhouse

That Council -

B. grants approval for the proposed Aged or Dependent Persons developmentat 350 (Lot 104) Gill S reet, Mundaring subject to the following conditions:

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PREREQUISITES FOR ACCEPTANCE OF BUILDING LICENCE APPLICATION

Although Planning approval has been granted for this development, it is subject to conditions. Some of these conditions (as listed below) require documenta ion to be submitted at the time an application is made for a building license. A building license cannot be issued until this documenta ion has been approved so it is essential to include it with the building licence application.

1. Three copies of a landscaping plan for the subject site and adjacent verge shall be submitted for approval to the Executive Manager Statutory Services which shows by a numerical code the botanical names, quantity and ultimate size of all plant types to be planted and outlining the vegetation and trees to be retained or removed. Such planting shall incorporate the use of local native species only. (P)

2. A revegetation and weed management plan for Bugle Tree Creek and proposed drainage basins shall be submitted for approval to the Executive Manager Statutory Services. (P)

3. The applicant shall, in liaison with the Shire’s Environmental Services, prepare a Nutrient and Irrigation Management Plan (NIMP) for the site. (E)

4. Designs and specifications for the crossovers, access ways and roads in accordance with the specifications and to the satisfaction of the Shire of Mundaring shall be submitted to and approved by the Executive Manager, Infrastructure Service. All development must not impede the water flows along Bugle Tree Creek. (I)

C81 JULY 2009



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5. A Drainage Management Plan, indicating the calculations of runof shall be submitted to and approved by the Executive Manager, Infrastructure Services. All work shall thereafter be completed and maintained to the satisfaction of that Officer. (I)

6. The submission of details regarding the proposed effluent disposal arrangements for the subject site, as approved by the Department o Health, to the satisfaction of the Manager Health Services. (H)

7. A schedule of material finishes and colours for the buildings, screen walls and bin enclosure area(s) in accordance with Council policy shall

be submitted to and approved by the Executive Manager Statutory Services, prior to the issue of a building license. (P)

8. A Fire Managemen plan endorsed by the Fire and Emergency Services Authority of Western Australia being prepa ed by the applicant and thereafter implemented to the satisfaction of the Executive Manager Statutory Services.

9. Contribute to the total cost of a footpath linking the development to the Mundaring Town Centre, to the satisfaction and specifications of the Executive Manager Infrastructure Services prior to the issue of a building license. (I)

10. Provide the full cost of constructing a footpath linking the site to Great Eastern Highway along the Gill Street road reserve, to the satisfaction and specifications of the Executive Manager Infrastructure Services prior to the issue of a building license. (I)

11. An area equivalent to 10% of the lot area, in a position to be agreed between the applicant/developer and the Shire of Mundaring, being shown on the Diagram of Survey as a “Public Recreation Reserve” and vested in the Crown under Section 152 of the Planning and Development Act 2005 as Public Open Space. (P)

12. All development shall be designed to allow the natural contours of theland to be retained, through the use of pole home and brick build up styled dwellings and the limita ion on the use of retaining walls. (P)

13. A Dust Management Plan for the development phase of the project to be submitted and approved by the Executive Manager Statutory Services, prior to the issue of a building licence. (P)

14. The applicant shall arrange a notification (Section 70A of the Transfer of Land Act) to be placed on the Certificate of Title, advising owners and subsequent owners of land of the restrictions that applies to the Aged or Dependent Persons’ Dwellings: at least one occupant of each dwelling shall be a disabled or physically dependent person or aged

C82 JULY 2009



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over 55, or the surviving spouse of such a person formerly resident in the dwelling. The notification shall be prepared at the landowner’s/applicant’s cost to the satisfaction of the Executive Manager Statutory Services. All incidental expenses entailed in processing the notification from the Shire’s solicitor shall be borne by the applicant or owner. With regard to the above condition, the Shire recommends the applicant contact McLeods Barristers and Solicitors. (P)

15. A Southern Brown Bandicoot Management Plan outlining the impact to the bandicoot population of the site during

construction and any potential remed al recommendations is to be submitted for approval to the satisfaction of the

Executive Manager Statutory Services and the Department of Environment and Conservation (DEC). The Shire’s Environmental Officer will liaise with DEC prior to the approval of the Management Plan.

PREREQUISITES TO BE SATISFIED PRIOR TO COMMENCEMENT OF USE OR OCCUPANCY OF BUILDING(S)

An Officer of the Statutory Services Group shall be requested by the developer to check that the following requirements have been met prior tothe use commencing or the building(s being occupied.

16. The development shall be in complete accordance with the approved plans (including any amendments marked in red) and endorsed by theExecutive Manager Statutory Services, unless prior approval is sought from that Officer for any varia ion made necessary by detailed design. (B)

17. No building or earthworks shall occur within 20 metres of a watercourse. In relation to this condition, all fill must be dieback free certified and a fence shall be erected by the applicant/developer

delineating the 20 metre buffer area prior to earthworks commencing. (E)

18. The provision of an internal footpath network in accordance with the plans. In relation to this, the path shall be at least 1.2 metres in width,

so as to comply with Clause 6.5.5(A5.1) of the Residential Design Codes of Western Australia.

19. The provision o separate pedestrian paths providing wheelchair accessibility connecting all entries to buildings with the public footpath so as to comply with Clause 6.4.5(A5)(ii)

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20. The provision of sufficient lighting to pathways and communal open space so as to comply with Clause 6.4.5(A5)(iv) of the Residential Design Codes of Western Australia.

21. Each unit being provided with a clothes d ying area, which is screenedfrom view so as to comply wi h Clause 6.4 5(A5 (ix) o the Residen ialDesign Codes of Western Australia.

22. Permanent vertical screening, as required, shall restrict views within the cone of vision f om any major opening of an active habitable space so as to comply with Clause 6.8.1(A1)(ii) o the Residen ial

Design Codes of Western Australia to the satisfaction of the Executive Manager Statutory Services.

23. Each dwelling shall be provided with an enclosed lockable storage area having an internal area of at least 4m2, so as to comply with Clause 6.10.3(A3.1) of the Residential Design Codes of Western Australia.

ON-GOING CONDITIONS

The following conditions are no required to be checked for compliance prior to commencement of use or occupancy of building(s) but still apply tothe development.

24. All landscaped areas to be maintained to a high horticultural standard, in accordance with the approved landscaping plan, to the satisfaction othe Executive Manager Statutory Services. (P)

25. All communal areas to be maintained to a high standard to the satisfaction of the Executive Manager Statutory Services. (P)

26. All stormwater shall be managed in accordance with Shire’s Town Planning Scheme Policy (Code relating to Stormwater Management. A copy of this policy is attached. (I)

27. At least one occupant of each dwelling shall be a disabled or physically dependent person or aged over 55, or the surviving spouse of such a person formerly resident in the dwelling. (P)

28. The access to the drainage basin shall be restricted to service vehicles and personnel.

In relation to this, a barrier shall be constructed to restrict public vehicles and access from using the access to the drainage basin to the

specifications and satisfaction of the Executive Manager Infrastructure Services. (I)

C84 JULY 2009



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29. If during on-site work acid sulfate soils are encountered, then these soils must be managed in accordance with the Department of Environment and Conversation’s (DEC) Acid Sulfate Soils Guidelines Series (2003), with an acid sulfate soil management plan submitted to the satisfaction of the Executive Manager, Statutory Services and to the satisfaction of DEC’s Contaminated Sites Branch.

NOTES

Note 1. If the development the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.

Note 2. Where an approval has so lapsed, no development shall be carried out without the further approval of the Shire having first been sought and obtained.

Note 3. If an applicant is aggrieved by this determination there is a right to make an application to the State Administrative T ibunal for a review of the decision under Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the date of this letter and a copy of the application must be served on the Shire.

ADVICE NOTES

Please note the following information:

1. This approval is a Planning Approval of the Shire of Mundaring under its Town Planning Scheme No. 3 and is not a building license or an

approval to commence or carry out development under any other law. It is the proponent’s responsibility to obtain all necessary approvals

consents and licenses required under any other law.

2. The development shall comply with the Environmental protection (Noise) Regulations 1997.

3. If you require any further information regarding any particular condition, please contact an Officer from the Service nominated at the

end of the condition as set out below:

“P” - Planning “H” - Environmental Health “I” - Infrastructure “B” - Building “E” - Environment

CARRIED 6/5

C85 JULY 2009



For Against

Cr Dullard Cr Davies Cr Gardhouse Cr Daw Cr Cuccaro Cr JohnsonCr Hall Cr Pilgrim Cr Lavell Cr Harvey Cr Jamieson

Part C

COUNCIL DECISION C23.06.09 COMMITTEE RECOMMENDATION DAC6.06.09 Moved by: Cr Hall Seconded by: Cr Gardhouse

That the report (Gill Street [350, Lot 104] Mundaring – Outcome of State Administrative Tribunal Mediation Hearing) be made available to the public (refer ATTACHMENT 18).

CARRIED 11/0 8.58pm Cr Daw left the Council Chamber and did not return. 8.58pm Meeting Closed to Public

COUNCIL DECISION C24.06.09 Moved by: Cr Pilgrim Seconded by: Cr Davies

That the meeting be closed to the public in accordance with Section 5.23(2)(b) of the Local Government Act 1995 as the matters discussed include personal affairs of a person. CARRIED 10/0

C86 JULY 2009


13.2 Recognition of Contribution to the Arts

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Date of Report 22 June 2009 Location / Address N/A Applicant N/A Author Community Development Advisor Murielle Bodenham Senior Officer Executive Manager Community Service, Megan GriffithsDisclosure of Any Interest

N/A

SUMMARY:

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Robert Juniper is a highly respected artist who has made a significant contribution to the arts community in the Shire of Mundaring and beyond. This report provides Councillors with background information relating to Robert Juniper’s achievements to date.

Given his achievements and contribution to the profile of the Mundaring community, it is recommended that Council resolve to award Robert Juniper withthe title of Honorary F eeman of the Shire of Mundaring.

BACKGROUND:

There are four other Honorary Freemen of the Shire of Mundaring. These are

• Mr Thomas Broz – former Shire of Mundaring President (deceased) • Mr Edward Bromfield – former Shi e of Mundaring Health Officer • Mr Ronald Dullard – former Shire of Munda ing President • Mr Maxwell Williams – former Shire of Munda ing Chief Executive Officer

An award of Honorary Freeman of the Shire of Mundaring is ceremonial in nature and gives recognition to the outstanding contributions and/or achievements of local people. Freemen of the Shire of Mundaring and their par ners are invited to attend all formal Council functions.


Nil


Nil

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FINANCIAL IMPLICATIONS:

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Honorary F eemen of the Shire of Mundaring and their partners a e invited to attend all formal Council functions. This may result in occasional costs associated with catering.


Nil


CONSULTATION:

Nil COMMENT: Robert Juniper has been a significant figure in contemporary Aus ralian painting,sculpture and printmaking since the 1960s and is recognised as a 'Living Treasure' by the Department for Culture and the Arts in Western Australia. He has twice been awarded the prestigious Wynne Prize for landscape painting. In 1984 he received an Honorary Doctorate from the University of Western Australia for his contribution to contemporary Australian art. In November 2005 a park in Midland was named after him by the Minister for Culture and Arts. Thispark, called Juniper Gardens, showcases his magni icent bronze sculptures.

Juniper's work has shaped the way Australians have imagined their country. He is best known and highly respected for his poetic and visionary approach to landscape, particularly the outback and desert.

Just over 45 years ago, some Darlington residents and artists, including Robert Juniper, held an art exhibition in the Darlington Hall to raise funds for their local volunteer bush fire brigade Thus began the Darlington Ar s Festival, a Mundaring tradition that continues to this day.

Mr. Juniper has been an ongoing supporter of the Mundaring Arts Centre. He has been involved since the inception of the Centre and has participated in numerous exhibitions over the years.

In February 2009, Mr. Juniper helped organise another art exhibition to raise funds for fire fighters. Called “All Fired Up”, this exhibition was held at the Mundaring Arts Centre. The aim of this exhibition was to help fund the writing of a history of volunteer bush fire brigades in the Shire of Mundaring. Mr. Juniper was a volunteer fire fighter in the 1960s and his experience is often echoed in his emotive artworks.

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Robert Juniper’s paintings were exhibited and auctioned along with those of his colleague a tists, most of who live in or near the Hills. Like Rober Juniper, they benefit from the vital service the volunteer brigades provide. In addition to these major works, a collection of 33 decorated fire fighters helmets were auctioned including one decorated by Mr. Juniper.

The following details, outlining his key achievements, have been taken from Robert Juniper’s Website.

ARTS ADMINISTRATION1957 Perth Group

AWARDS 1954 Perth Prize for Contemporary Art – ‘St Xavier’s Thorn and Fetish’ 1957 Perth Prize for Contemporary Art – ‘Seedlings’ 1959 Perth Prize for Contemporary Art – ‘Images of Kal’ 1959 Rubenstein Travelling Scholarship – ‘Images of Kal’ 1960 Perth Prize for Contemporary Art – ‘Yondi Lifts the Sky’ 1962 McKellar Hall Prize – Commonwealth Games 1966 TE Wardle Invitation Prize 1976 Wynne Prize for Landscape Painting – ‘Murchison Plain’ 1976 Rubenstein Portrait Prize – ‘Portrait of Rose’ 1979 Western Australia Week Council’s Citizen of the Year: Arts, Culture and Entertainment Award 1980 Wynne Prize for Landscape Painting – ‘Flood Creek’ 1980 Mona McCaughey Prize – ‘Flood Creek’ 1984 Honorary Doctorate (D Litt) from the University of Western Australia, Perth 1987 National Heritage Award, Contemporary Division (for stained glass design, three century windows, Holy Trinity Church, York 1988 Kingfisher Prize – ‘Lunchtime Game at the Johnno’ 1998 State Living Treasures Award, Ministry for Culture and the Arts, Western Australia 2003 Centenary Medal for the Federation for Services to Australian Landscape Painting and Contemporary Arts 2004 Awarded medal for the Services to Art, from The Painters and SculptureAssociation of Australia

COLLECTIONSNational Gallery of Australia Art Gallery of New South Wales Art Gallery of Western Australia Museum and Art Galleries of the Northern Territory National Gallery of Victoria Queensland Art Gallery Fremantle Arts Centre Wollongong City Gallery Parliament House, Canberra

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Many university, civic, corporate and private collections including the Shire of Mundaring Art Collection.

Four of Robert Juniper’s paintings feature in the Shire of Mundaring’s Art Collection. The most recent acquisition, The Road to York, GEH was generouslydonated to the Shire o Mundaring by the artist.

On 3 July 2009 Council is recognising this generous donation by hosting a morning tea for the a tist and invited guests. It is considered appropriate that the conferring of the title of Honorary Freeman of the Shire of Mundaring be awarded on tha occasion.

VOTING REQUIREMENT:

Simple Majority

COUNCIL DECISION C25.06.09 OFFICER RECOMMENDATION Moved by: Cr Hall Seconded by: Cr Gardhouse That Council –

1) awards the title of Honorary Freeman of the Shire of Mundaring to RobertJuniper in recognition of his exceptional achievements and his contribution to art and culture within the Mundaring community; and

2) maintains confidentiality of this report and decision until after 3 July 2009. CARRIED 10/0 9.01pm Meeting Opened to Public

COUNCIL DECISION C26.06.09 Moved by: Cr Pilgrim Seconded by: Cr Johnson

That the meeting again be opened to the public. CARRIED 10/0

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14.0 CLOSING PROCEDURES 14.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 28 July 2009 at 7.00pm in the Council Chamber.

14.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 9.02pm. 15.0 ATTACHMENTS

Attachment No.

Item No.

Subject

1 10.4 Policy – Attendance by Councillors at Conferences

2 10.5 Policy – Provision of Financial Assistance for Legal Services for Elected Members and Employees

3 10.6 Policy – Temporary Accommodation

4 10.6 Policy – Acknowledgement of Unauthorised Building Structures

5 10.6 Policy – Structures which do not require a Building Licence

6 10.8 Draft Cultural Plan 2009 – 2012

7 10.8 Draft Cultural Plan 2009 – 2012: Abridged Version

8 10.9 Map – Proposed location of Shed for Glen Forrest Emergency Scout Group

9 10.10 Schedule of Carried Forward 2007/08 Budget Items

10 10.12 Payment between Meetings – May 2009

11 10.12 Cheque Listing – May 2009

12 10.13 Annual Budget 2009-10

13 10.13 Management Budget 2009-10

14 10.13 Fees and Charges 2009-10

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15 10.14 Cost Summary Report April 2009

16 10.14 Cost Summary Report May 2009

17 12.1 Letter from the Hon Anthony Albanese, MP

18 13.1 DAC Item – Gill Street (350, Lot 104) Mundaring – Outcome of State Administrative Tribunal.

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ordinary council meeting 23 june 2009...23.06.2009 council minutes confirmed 28.07.2009 minutes...

Documents