unconfirmed minutes ordinary council meeting ......24.01.2017 council meeting unconfirmed minutes c6...

File Code: OR.MTG 5/1

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING

24 JANUARY 2017

24.01.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C1 JANUARY 2017

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING

24 JANUARY 2017

ATTENTION/DISCLAIMER

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

LEGEND

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

Item Example Description

Page Numbers C1 JANUARY 2016

(C2, C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for January 2017

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

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

Council Decision Reference

C7.01.17 Council Decision number 7 from Council meeting January 2017


C2 JANUARY 2017

CONTENTS

1.0 OPENING PROCEDURES 4

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

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

2.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION 5

3.0 DECLARATION OF INTEREST 5

3.1 DECLARATION OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ....................... 5

3.2 DECLARATION OF INTEREST AFFECTING IMPARTIALITY ........................................ 5

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5

5.0 PUBLIC QUESTION TIME 6

C1.01.17 ........................ 8

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 9

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 10

C2.01.17 ...................... 10

8.0 PRESENTATIONS 10

8.1 DEPUTATIONS ............................................................................................. 10

8.2 PETITIONS .................................................................................................. 10

8.3 PRESENTATIONS ......................................................................................... 10

9.0 REPORTS OF COMMITTEES 10

10.0 REPORTS OF EMPLOYEES 11

10.1 APPLICATION FOR RATE EXEMPTION – FOUNDATION HOUSING LTD ...................... 11

C3.01.17 ...................... 20

10.2 NOMINATIONS – DEVELOPMENT ASSESSMENT PANEL (DAP) .............................. 22

C4.01.17 ...................... 24 C5.01.17 ...................... 25 C6.01.17 ...................... 25

10.3 TENDER OUTCOME – ACCESSIBILITY UPGRADE TO DARLINGTON HALL ................. 26

C7.01.17 ...................... 30 C8.01.17 ...................... 31

10.4 DISPOSAL OF LOT 124 SCOTT STREET GREENMOUNT ....................................... 32

C9.01.17 ...................... 36

10.5 ADOPTION OF FEES AND CHARGES FOR BOYA COMMUNITY CENTRE 2016/17 ....... 44

C10.01.17 .................... 51

10.6 LAKE LESCHENAULTIA TRAIL GRANT ............................................................... 57

C11.01.17 .................... 66

10.7 CHILDREN’S SERVICES MIDVALE HUB PARENTING SERVICES .............................. 92


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C12.01.17 .................... 95

10.8 PAYMENT BETWEEN MEETINGS – NOVEMBER 2016 ........................................... 96

C13.01.17 .................... 98

10.9 STATEMENT OF FINANCIAL ACTIVITY – NOVEMBER 2016 .................................. 161

C14.01.17 .................. 163

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 179

12.0 URGENT BUSINESS (LATE REPORTS) 179

13.0 CONFIDENTIAL REPORTS 179

14.0 CLOSING PROCEDURES 179

14.1 DATE, TIME AND PLACE OF THE NEXT MEETING .............................................. 179

14.2 CLOSURE OF THE MEETING ......................................................................... 179


C4 JANUARY 2017

ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.31pm.

Acknowledgement of Country

Shire of Mundaring respectfully acknowledges Noongar elders past and present and their people (specifically the Whadjuk people who are from this area) who are the traditional custodians of this land.

Recording of Meeting Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors

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

Elected Cr David Lavell(President)(Presiding Person) South Ward Members Cr Trish Cook South Ward Cr James Martin South Ward Cr Patrick Bertola (Deputy President) East Ward Cr John Daw East Ward Cr Stephen Fox East Ward Cr Lynn Fisher Central Ward Cr Doug Jeans Central Ward Cr Bob Perks Central Ward Cr Tony Brennan West Ward Cr Pauline Clark West Ward Cr Tony Cuccaro West Ward Staff Paul O’Connor Acting Chief Executive Officer Stan Kocian Acting Director Corporate Services Shane Purdy Director Infrastructure Services Megan Griffiths Director Strategic & Community Services Lisa Joy Manager Children’s Services Kirk Kitchin Manager Recreation & Leisure Damien Martin Strategic Projects Advisor Adrian Dyson Acting Director Statutory Services Andrea Douglas Minute Secretary Apologies Jonathan Throssell Chief Executive Officer Mark Luzi Director Statutory Services Absent Nil


C5 JANUARY 2017

Leave of Nil Absence Guests Nil

Members of the Public

27

Members of the Press

Nil

2.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT

DISCUSSION

Shire President welcomed everyone to the new year of 2017 and wished everyone a successful year.

3.0 DECLARATION OF INTEREST 3.1 Declaration of Financial Interest and Proximity Interests

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

Nil

3.2 Declaration of Interest Affecting Impartiality An Elected Member or an employee who has an interest in a matter to be discussed at the meeting must disclose that interest (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Cr Lavell declared a Disclosure of Interest Affecting Impartiality in Item 10.3 (Accessibility Upgrade to Darlington Hall) as he is a former President of Darlington Club, a former member of DAF Committee and a former member of DRRA Committee. Cr Cuccaro declared a Disclosure of Interest Affecting Impartiality in Item 10.5 (Adoption of Fees and Charges for Boya Community Centre 2016/17) as he is a life member of a user group at Boya Oval but no longer an active member.

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil


C6 JANUARY 2017

5.0 PUBLIC QUESTION TIME

15 minutes (with a possible extension of two extra 15 minute periods) are set aside at the beginning of each Council meeting to allow members of the public to ask questions of Council.

Public Question Time is to be conducted in accordance with Shire of Mundaring Meeting Procedures Local Law 2015.

Summary of Question Summary of Response

Liz Mattock

1. How much money has been spent by the Shire on the prosecution of the two dogs that were seized in February from the Heys property?

Shire President advised that this question will be taken on notice.

2. Given that the initial trial was declared a mistrial, how is the Shire justifying continuing this case?

Shire President advised that as this case is still before the Courts that the Shire is unable to comment.

Julie Oldfield

1. Dog Act 1976 provides when a dog is seized and detained under the Act and not returned to its owner, it’s to be held in a dog management facility or suitable premises.

On what basis does the Shire deny the dog or dogs being placed in another management facility by the suitable premises provided for under the Dog Act.

Acting Director Statutory Services advised that dogs are retained within the Shire’s animal management facility registered in accordance with the Dog Act and Local Government Act on the advice of Council’s solicitors. There is no reason for them to be relocated elsewhere and they are to be retained under management of the Shire.

2. According to Freedom of Information there have been 14 livestock attacks in the Mundaring Shire since the 14 February 2016, nine of which were in Wooroloo. The Shire also advised there has only been one prosecution initiated through the Courts in respect of those attacks. Can you please clarify what action has been taken by the Shire in relation to the other thirteen attacks on livestock and who authorised that action?

Acting Director Statutory Services advised that this question will be taken on notice to provide a full answer but wished to advise that in many instances the identity of the dogs is unknown thus it’s not possible to bring charges against the owners.


C7 JANUARY 2017


Mike Nicholas

1. I have been present during the trial of the Court processes and I have not seen any evidence that these two dogs were involved in this matter, including the fact that there was a mistrial.

Do the Councillors know about the evidence that has been provided to the courts?

Shire President advised that as this matter is before the Courts the Shire is unable to comment.

Glenda Frichot

1. Early on in this case the dogs were siezed on 14 February and in end February/March, an animal behaviourist who is well renowned in Perth offered to kennel the dogs in his facility and council refused the offer. Why?

Acting Director Statutory Services advised that he would need to consult advice before responding on this matter as the matter is currently before the Courts.

Eric Smith – 3 Burkinshaw Road, Glen Forrest

1. On Shire’s website under Gift Register. Gifts that come to Councillors and staff members, the word transferred is on some of the responses. What is meant by transferred of the gifts that has been given to staff members?

Acting CEO advised that if the gift is a bottle of wine for example, then it is transferred to the Council facilities or another source not for personal keeping.

2. Councillors and staff are given tickets to attend functions of the EMRC. Is this paid for by the Shire of Mundaring or does this form part of the membership of the EMRC?

Acting CEO advised that the cost is being met by EMRC but under the requirements of the Act and gift requirements, officers and Councillors are to disclose any gifts that they receive which are also recorded on the Shire’s website.

3. Observed footpaths outside Darlington precinct are in red bitumen or covered in red colouring if over bitumen. This doesn’t appear to be happening in Glen Forrest.

Is the practice of concreting going to continue in Glen Forrest and basically remain a concrete jungle?

Director Infrastructure Services advised that there is a current project underway on Hardy Road for a new footpath which is within the Glen Forrest precinct. The work is staged such that the surfacing goes on later so it would currently be grey concrete but a topping will be added shortly to match the precinct requirements.

6.45pm Cr Cook left the Chamber 6.47pm Cr Cook returned to the Chamber


C8 JANUARY 2017


Peter Gavranich – 54 Pittersen Road, Darlington

1. Can I please have a list of the people invited and attending the Council function late last year and at what cost to the ratepayers in an itemised manner?


2. Is it correct that the shire funded the bus stop in Darlington Road to the extent of $30,000 cost to the ratepayers? Whatever the response, please justify the outlay of this extraordinary expenditure.

Shire President advised that the outlay was at a cost of approximately $30,000. The normal cost of such a facility is at a cost of between $20-21,000. The extra money that was put into this project, came from savings from other projects in the vicinity of the bus stop.

Director Infrastructure Services added that this particular bus shelter is in the Darlington precinct area where in the precinct plan it advises that structures be consistent and amenable with the precinct area, so when the plans require slightly different standards the Shire accommodates this therefore costing can be slightly higher than normal.

COUNCIL DECISION C1.01.17 Moved by: Cr Bertola Seconded by: Cr Jeans

That an extra 15 minutes be allowed for public questions time.

CARRIED 12/0 For: Cr Bertola, Cr Martin, Cr Fisher, Cr Clark, Cr Daw, Cr Brennan, Cr Perks, Cr Fox, Cr Cook, Cr Jeans, Cr Cuccaro, Cr Lavell Against: Nil


C9 JANUARY 2017


John Bell

1. What was the process of coming up with Darlington as priority as opposed to the other things on the list that are included in the $2M disability budget?

Shire President advised that there is a list and it just happens that this year is listed for Darlington Hall. Funds are also allocated annually for disability access and there is a federal requirement that this is done for all our public buildings.

Director Infrastructure Services advised that principally the priority is established with the assistance of the Shire’s Inclusion and Disability Access Advisory Group and they regularly review the list and assist the Shire. Darlington Hall is one of the Shire’s higher usage halls and there have been issues caused by a number of the toilet users of the facilities for some time. It’s not the first project the Shire has undertaken. Money has been allocated to upgrade the accessible toilets at Brown Park and prior to that works were done on the Mundaring hall with a cost of approx. $500,000-600,000 for the upgrade. These works are done across the Shire and there is a requirement for the Shire to eventually upgrade all the buildings to meet with standards.

2. May I have some transparency on the list of projects and the selection criteria for actually putting Darlington at the top of the list because essentially, the $150,000 that is being spent there excludes anybody else in the Shire and again, East ward and other wards are being asked to pay for something in Darlington which doesn’t help us with payments and everything else that we don’t have in these suburbs etc.


6.0 APPLICATIONS FOR LEAVE OF ABSENCE

Nil


C10 JANUARY 2017

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C2.01.17 RECOMMENDATION Moved by: Cr Brennan Seconded by: Cr Martin

That the minutes of the Ordinary Council Meeting held Tuesday 13 December 2016 be confirmed.


8.0 PRESENTATIONS

8.1 Deputations

1. Poul Dahl – 10.3 Tender Outcome – Accessibility Upgrade to Darlington

Hall. 2. Ian Humphrey – Item 10.6 - Lake Leschenaultia Trail Grant

8.2 Petitions

Nil 8.3 Presentations

Nil

9.0 REPORTS OF COMMITTEES

Nil


C11 JANUARY 2017

10.0 REPORTS OF EMPLOYEES 10.1 Application for Rate Exemption – Foundation Housing Ltd

File Number Bu 18.1.1, Be 3.83, Ma 9.70, Ta 2.4, Ca 12.6, GL 16.23 and Fa 4.41

Author Stanislav Kocian, Manager Finance & Governance Paul O’Connor, Director Corporate Services

Senior Officer Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY Foundation Housing Ltd has applied for an exemption of Shire rates for seven properties in the Shire under Section 6.26 (2)(g) of the Local Government Act 1995. This report recommends that Council approves the request for rate exemptions against the seven properties owned by Department of Housing and leased to Foundation Housing Ltd from 1 July 2016 as the land is used for ‘charitable purposes’ and qualifies for a rates exemption under the relevant legislation. BACKGROUND Foundation Housing Ltd is a Regional Housing Association. It is a community based, not for profit organisation. It aims to alleviate poverty by providing and managing affordable and appropriate community housing for, and with people on low to moderate incomes. The Foundation acquires and provides low cost and affordable housing for people in poverty, with low income, who are homeless, socially marginalised, inadequately housed or otherwise disadvantaged. Foundation Housing manages nine properties in the Mundaring Shire on lease from the Department of Housing. The Foundation has applied for a rates exemption for the seven of these properties, as listed below:

1. 1 Buckland Grove, Mt Helena

2. 83 Beaconsfield Avenue, Mt Helena

3. 3/70 Marlboro Road, Swan View

4. 4 Talbot Road, Swan View

5. 6 Carlton Place, Swan View

6. 23 Gladstone Avenue, Swan View

7. 41 Farmview Drive, Bellevue

The request for exemption sought above was considered by Council at the Ordinary meeting of Council held 11 October 2016. At this meeting Council was unable to come to a decision in terms of approving or refusing the request and resolved the following:


C12 JANUARY 2017

That Council adjourns debate on this matter until the next Ordinary Council meeting on 8 November 2016 (C3.10.16).

Following inclusion of additional clarifying information to supplement the original Foundation request, the matter was considered by Council at the Ordinary meeting of Council held 11 November 2016 where it was again unable to come to a decision and resolved the following:

That Council requests the CEO contact Foundation Housing Ltd and ask them to provide more information regarding this application so Council can be satisfied it meets the definition of a charitable purpose (C8.11.16).

Foundation Housing Ltd advise that the properties submitted for consideration hereunder are utilised exclusively for charitable purposes for exemption of general rates in accordance with Section 6.26 (2)(g) of the Local Government Act 1995 and the principal of charitable purposes is supported under the Charities Act 2013 (Cwlth) specifically Part 2, 5 (a) definition of charity and Section 7 (c) purposes presumed to be for the public benefit. Foundation Housing has provided the following documentation in support of their request for rate exemption under section 6.26 (2)(g) of the Local Government Act 1995 as required by the Shire and other local governments:

Certificate of Registration of the Company under the Corporations Act 2001

An extract of the Certificate from the Australian Charities and Not-for –profits Commission (ACNC)

Copy of ATO Tax Exemption Status

Copy of the Constitution of Foundation Housing Ltd

Copy of the Community Housing Agreement between the Housing Authority and Foundation Housing Ltd outlining the obligations under properties leased from the Authority

Copy of the latest audited financial statements for the period ended 30 June 2015.

The essence of a rates exemption is that the actual land is being used for a “charitable purpose”. Foundation Housing Ltd application for rate exemption has stated that the property will be used exclusively for crisis housing accommodation and its tenants pay rent based on 25% of their Centrelink benefit income. This aligns with the legal interpretation of “charitable purposes”.

STATUTORY / LEGAL IMPLICATIONS Section 6.26 (2) (g) of the Local Government Act 1995 which provides –

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

(g) land used for charitable purposes;”


C13 JANUARY 2017

Whilst the Act stipulates that where an organisation or individual uses land for a charitable purpose, the owners of that land can be exempted from paying local government rates, the Act does not provide a clear definition of what constitutes a charitable purpose. Using case law precedence, each local government has the responsibility to assess and decide on applications from organisations seeking an exemption from paying rates. The types of land uses generally considered to be of charitable nature include community housing, accommodation for the aged, people with disabilities, disadvantaged persons etc. The Charitable Collections Act 1946 and other sources do define the term “charitable purposes”. Each definition appears to have as its origin from the Charitable Uses Act 1601 and the House of Lords case of 1891 which define a charitable purpose to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community. Parts a) and g) of the Charitable Collections Act 1946 definition of a “charitable purpose” should be considered:

“(a) the affording of relief to diseased, sick, infirm, incurable, poor, destitute, helpless or unemployed persons, or to the dependants of any such persons;

(g) any other benevolent, philanthropic or patriotic purpose.”

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS The calculated general rates for each of the properties for 2016/17 are as follows:

1. 1 Buckland Grove, Mt Helena $1720.88

2. 83 Beaconsfield Avenue, Mt Helena $1154.00

3. 3/70 Marlboro Road, Swan View $ 931.30

4. 4 Talbot Road, Swan View $1538.67

5. 6 Carlton Place, Swan View $1133.76

6. 23 Gladstone Avenue, Swan View $1457.69

7. 41 Farmview Drive, Bellevue $1336.21

TOTAL $9272.51 If the application for a rates exemption is refused the applicant can appeal the decision. The appeal would be heard by the Statement Administrative Tribunal (SAT) and would require the attendance of a relevant staff member and potential legal costs. STRATEGIC IMPLICATIONS


C14 JANUARY 2017

Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS As this matter has been before Council on two previous occasions, there may be a reputational risk if there is a further delay in approving or rejecting the rates exemption application from Foundation Housing Ltd. There may also be a reputational risk in that a decision not to grant the rates exemption could be appealed by Foundation Housing Ltd and upheld by the State Administrative Tribunal. EXTERNAL CONSULTATION Nil COMMENT SAT Cases No evidence could be found that Foundation Housing Ltd had been refused an application for an exemption of rates in WA. Research of appeals at SAT has found the following decisions concerning non approval by Councils of rate exemptions for various bodies under charitable purposes, with limited success:

Case Number Citation Decision

[2013] WASAT 89 Australian Flying Corps & Royal Australian Air Force Association (WA Division) and City of Mandurah

Application upheld

The Australian Flying Corps & Royal Australian Air Force Association (WA Division) Inc (RAAFA) lodged objections to the rate notices issued by the City of Mandurah (City). The objections related to land owned by RAAFA and upon which RAAFA operated a retirement village facility. RAAFA asserted that the land was used exclusively for charitable purposes and, pursuant to s.6.26(2)(g) of the Local Government Act 1995 (LGA), was not rateable land. The residents of the retirement village were required to pay an interest free entry loan in consideration of a grant of a lease of an independent living unit, and to pay for rent, rates, utility charges, any meals provided to them, and any fees payable to hairdressers, doctors and nurses for services provided to them. The City dismissed RAAFA’s objections to the rate record on the grounds that


C15 JANUARY 2017

the accommodation and services at the retirement village were provided to the residents for the full cost of doing so, and this use did not constitute a charitable purpose. RAAFA sought a review of the City’s decision in the State Administrative Tribunal (Tribunal). The Tribunal held that the land was used exclusively for a charitable purpose within the meaning of s6.26(2)(g) of the LGA. The Tribunal rejected the City’s argument that charitable relief of the aged requires that any accommodation or other services provided be subsidised. The Tribunal noted that the needs and disabilities of the aged are not financial in nature, but include such things as relief from isolation and loneliness, medical care, fraternity, and security of accommodation. The Tribunal determined that it was not necessary that, to be charitable, relief must be by way of bounty rather than by way of bargain. Even if the residents of the retirement village were required to pay the costs associated with the provision of accommodation and other services, and even if the amount paid consistently produced a surplus of income, that will not preclude a conclusion that the land was used exclusively for a charitable purpose. This was subject to the provisos that the surplus should not be for the private profit of the provider and the costs of the accommodation and services should not be so great as to exclude the element of public benefit. The City unsuccessfully sought leave to appeal in the Supreme Court. Upon further appeal, the Court of Appeal granted the City leave to appeal the decision of the Tribunal. The outcome of the appeal was unsuccessful and at cost around $140,000. The City has decided not to pursue the Supreme Court due to the high costs associated. (Kott Gunning 2016)

[2012] WASAT 190 Retirees WA (Inc) and City of Belmont

Application upheld

The proceedings were in relation to an application for review of a decision by the City of Belmont not to grant Retirees WA a charitable exemption from rates for residential units set up by Retirees WA as a retirement village scheme. In a decision handed down on 22 April 2010, the Tribunal dismissed the application by Retirees WA and upheld the City’s decision not to grant the rates exemption. The case has been of particular interest in light of the decision in Uniting Church Homes (Inc) and City of Stirling [2005] WASAT 191 (UCH decision) where the Tribunal held that the use of land for independent living units in a retirement village scheme run by a charitable body constituted use of land for a charitable purpose. The Retirees WA case took the issue a step further than the UCH decision because Retirees WA is a self-help ‘member’ organisation. Acceptance of a scheme of this nature as being use of land for a charitable purpose raises the possibility that any group of people 55 years or over who form an incorporated association with charitable objects based on assisting each other with the ageing process could buy or construct a unit complex and be able to claim a


C16 JANUARY 2017

rate exemption on the basis that the land is being used for a charitable purpose. Retirees WA was challenged in the Tribunal on more grounds than the member organisation issue, including that a residential complex with no services or facilities were not a ‘scheme of relief for the aged’ of the kind described in the UCH decision. Unfortunately, the Tribunal concluded that the grouping together of people of similar age, without any services or facilities beyond the unit accommodation, was sufficient to meet the ‘relief of the aged’ criteria. The Tribunal’s justification for this is the mutual help and support that such an arrangement can provide. This is disappointing and means that local government is going to have to lobby very hard for legislative change on this issue. Nevertheless, the fact that the Tribunal was not prepared to find that ‘relief of the aged’ provided by a member organisation for its own members is a charitable use of land has placed a very significant boundary on how far this issue can be taken (McLeods May 2010).

[2011] WASAT 154 Technology Assisting Disability WA Inc and Town of Bassendean

Application allowed

[2006] WASAT 378 Yungngora Association Inc and Shire of Derby/West Kimberley

Application allowed

[2005] WASAT 191 Uniting Church Homes (Inc) and City of Stirling

Application upheld

The Tribunal had dealt with some aspects of the various different financial models for the operation of aged-care and retirement villages, but the City argued that in those decisions the Tribunal had not had to squarely address the issue of fees and charges. The Tribunal accepted the applicant representation’s argument that the cases relied upon by the City (such as North Fremantle Municipality v Saw (1906) 8 WALR 164 and Inland Revenue Commissioners v Society of Widows & Orphans of Medical Men (1926) 136 LT 60) were cases dealing with the different charitable purpose of “relief of poverty”. Financial bounty or subsidy is certainly required in order to be charitable by way of relief of poverty, but this is because the basic need being relieved in that situation is itself financial in nature. The Tribunal accepted that in the case of “relief of the aged” the needs being relieved are not financial in nature but primarily comprise matters such as isolation, loneliness, availability of medical care, fraternity and stability of accommodation. (Jackson McDonald July 2013) Summary of Tribunal's decision

1. Uniting Church Homes (Inc) and Churches of Christ Homes and Community Services (Inc) applied for review by the Tribunal of the decisions of the City of Stirling to disallow their objections to the City's rate record for the 2004-2005 financial year in relation to four properties. The properties comprised or included "independent living units", which were self-contained, supported


C17 JANUARY 2017

residential units, available for occupation by people aged 55 years or older.

2. The properties in question were rated for the first time in the 2004-2005 financial year, together with six other properties which provided aged persons' accommodation in the City's local government area. In total, four applicants sought review by the Tribunal of the City's decisions in relation to the rating of nine properties. The Tribunal identified and case-managed all of these proceedings together. The representatives of the parties identified the four properties in question in the present proceedings as appropriate "test" cases, the determination of which was likely to result in the resolution of the other proceedings, without the need for a hearing. The identification of the "test" cases and the case management considerably shortened the hearing.

3. The critical question was whether the land on which the independent living units were erected was exempt from rates for the 2004-2005 financial year, on the basis that it was used exclusively for the charitable purpose of relief of the aged.

4. The Tribunal determined that the land was used exclusively for the charitable purpose of relief of the aged. "Charitable", in this context, had a legal meaning, not a popular meaning. Accommodation of aged persons was "relief of the aged". The residents in occupation of the independent living units, who had an average age in their 80's, were "aged". The applicants operated their facilities on a not-for-profit basis. The fact that residents were generally required to purchase the right to occupy their unit, in some cases at market value, and pay maintenance fees, did not alter the "charitable" characterisation of the use, as a matter of law.

5. The Tribunal, therefore, upheld the applications for review, and allowed the

applicants' objections to the rate record on the basis that the land was not rateable land. The Tribunal set aside the City's rate notices insofar as they required the payment of rates.

In [2013] WASAT 89 listed above, SAT delivered a decision in favour of the charitable nature of not-for-profit aged-care and retirement villages, confirming that this interpretation applies even where entry fees and ongoing fees are charged that produce a surplus of income over expenses, provided the surplus is not utilised by way of private profit.

[2016] WASCA 185 City of Mandurah –v- Australian Flying Corps & Royal Australian Air Force Association (WA Division) Inc

Appeal dismissed

The Court of Appeal dismissed the appeal. In determining whether aged care accommodation had to be subsidised to be charitable, the Court held:

the relief of the burdens and disadvantages attributable to age may be charitable without any element of poverty. Those burdens and disadvantages may be suffered by aged persons who are ‘well-to-do and wealthy’


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if a purpose is otherwise charitable, the purpose will not cease to be charitable merely because the benefits or services are received on a contractual basis

if a purpose is otherwise charitable, the purpose will not cease to be charitable merely because the persons who receive the benefits or services make significant or substantial payments to the entity which provides the benefit or services, provided the entity is a non-profit making organisation or any profits must be retained by the entity for the purpose in question and none can be distributed to the members of the entity or applied for a non-charitable purpose.

The Court noted that the small surplus RAAFA generated from its operation of the retirement village was credited to the resident’s maintenance accounts or applied toward the repair or improvement of the retirement village. It would also be beyond the capacity of each of the applicants for admission to the retirement village to alleviate, from his or her own resources, the relevant burdens and disadvantages [attributable to age] by the construction, operation and maintenance of a similar facility or otherwise. Although persons of modest means may be unable to afford the cost of securing accommodation and other services at the retirement village, the cost is not affordable only by the wealthy. The Court of Appeal in Western Australia confirmed that not for profit aged care and retirement villages, where residents are charged entry fees and fees for services, may still be characterised as ‘charitable’.

Other WA Council approvals A list was obtained from Foundation Housing of the number of exempt rateable properties in WA as follows:

Local Government Number of properties

City of Armadale 4

City of Belmont 8

City of Canning 2

City of Cockburn 3

City of Fremantle 5

City of Joondalup 14

City of Karratha 1

City of Mandurah 12

City of Melville 1

City of Perth 3

City of Rockingham 2

City of Stirling 78

City of Subiaco 9


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City of Swan 74

City of Vincent 17

City of Wanneroo 153

Town of Cambridge 3

Town of Port Hedland 5

Town of Victoria Park 2

Mundaring Council has previously approved the following rates exemptions:

Organisation Council decision reference number

Charitable Purpose

Headwest Brain Injury Association

C7.05.08 Improved quality of life for people with an acquired brain injury.

WA Baptist Homes & Hospital Trust

C7.07.08 Provides facilities and services for elderly persons in need of such care.

Hills Community Support Group Inc (Community Living Program)

C11.04.08 Support accommodation for people with an intellectual disability who are all recipients of disability pensions.

The Silver Tree Steiner School

C7.08.11 Education of Children.

Autism Association of Western Australia

C13.06.13 Housing and support of individuals with an Autism Spectrum Disorder.

Swan Emergency Accommodation (Inc)

C4.10.16 Provides supported accommodation to families and young people who would otherwise likely be homeless.

Mundaring Church of Christ

C5.10.16 Property used exclusively as a place of residence for a fulltime Minister.

Martin Copley Will Trust C6.10.16 Provides a safe environment for native wildlife mainly mammals

Local governments should consider the RAAFA decision when considering an application for a rate exemption under s.6.26(2)(g) for not-for-profit aged care or retirement villages. The fact that entry fees and ongoing fees are charged for the accommodation and services does not mean that the use does not constitute a charitable purpose.


C20 JANUARY 2017

VOTING REQUIREMENT Absolute Majority Part 1 Simple Majority Part 2

RECOMMENDATION

That Council -

1. approves, by absolute majority, a rate exemption to Foundation Housing Limited for the following properties effective from 1 July 2016:

(a) 1 Buckland Grove, Mt Helena (b) 83 Beaconsfield Avenue, Mt Helena (c) 3/70 Marlboro Road, Swan View (d) 4 Talbot Road, Swan View (e) 6 Carlton Place, Swan View (f) 23 Gladstone Avenue, Swan View (g) 41 Farmview Drive, Bellevue; and

2. notes that the total rates foregone for 2016/17 for the above properties will

be $9272.51.

COUNCIL DECISION C3.01.17 MOTION Moved by: Cr Fisher Seconded by: Cr Perks

That Council -

1. approves, by absolute majority, a rate exemption to Foundation Housing

Limited for the following properties effective from 1 July 2016: (a) 1 Buckland Grove, Mt Helena (b) 83 Beaconsfield Avenue, Mt Helena (c) 3/70 Marlboro Road, Swan View (d) 4 Talbot Road, Swan View (e) 6 Carlton Place, Swan View (f) 23 Gladstone Avenue, Swan View (g) 41 Farmview Drive, Bellevue;

2. notes that the total rates foregone for 2016/17 for the above properties will

be $9272.51; and 3. requests WALGA to investigate the validity of rates exemption for

community housing properties based on the reason of charitable purposes through the alleviation of poverty for those on moderate incomes.

CARRIED BY ABSOLUTE MAJORITY 12/0


C21 JANUARY 2017

For: Cr Bertola, Cr Martin, Cr Fisher, Cr Clark, Cr Daw, Cr Brennan, Cr Perks, Cr Fox, Cr Cook, Cr Jeans, Cr Cuccaro, Cr Lavell Against: Nil

Next Report


C22 JANUARY 2017

10.2 Nominations – Development Assessment Panel (DAP)

File Code PS.DEV 12.06

Author Danielle Courtin, Governance Coordinator

Senior Employee Paul O’Connor, Acting Chief Executive Officer

Disclosure of Any Interest

Nil

SUMMARY Council is requested to nominate two local members and two alternate local members to the Metro East Development Assessment Panel (DAP). BACKGROUND All Development Assessment Panel (DAP) member appointments expire on 26 April 2017. Members whose term has expired will be eligible for re-consideration at this time. Nominations are required by 28 February 2017. Following receipt of all local government nominations, the Minister for Planning will consider and appoint nominees for up to a three-year term, expiring on 26 April 2020. All appointed local members will be advised of DAP training dates and times. It is a mandatory requirement, pursuant to the DAP regulations, that all DAP members attend training before they can sit on a DAP and determine applications. Local government members who have previously undertaken training are not required to attend further training, but are encouraged to attend refresher training. Regulation 32(3)(e) of the DAP Amendment Regulations 2016, effective from 1 February 2017, provides the Minister for Planning with the power to remove a DAP member who does not avail himself or herself of reasonable opportunities to undertake the compulsory training. Past and current membership on behalf of Shire of Mundaring is summarised in the following table:

Period Local members Alternate local members

Apr 2011 to Apr 2013 Cr Colin James Cr Stephen Fox

Cr Patrick Bertola Cr Jenny Johnson

Apr 2013 to Apr 2015 Cr Patrick Bertola Cr Darrell Jones

Cr Stephen Fox Cr Pauline Clark

Apr 2015 to Oct 2015 Cr Patrick Bertola Cr Darrell Jones


C23 JANUARY 2017

Cr David Lavell Cr Stephen Fox

Oct 2015 to 26 Apr 2017 Cr Patrick Bertola Cr Pauline Clark

Cr David Lavell Cr Stephen Fox

STATUTORY / LEGAL IMPLICATIONS Under the Planning and Development (Development Assessment Panels) Regulations 2011 (the Regulations) DAPs are administered by the Department of Planning. Development Assessment Panels report directly to the Minister for Planning and do not form part of the Department of Planning or the Western Australian Planning Commission. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS Nil EXTERNAL CONSULTATION Nil COMMENT The Minister’s request for nominations was received on 4 January 2017. Under regulation 24 of the Regulations, if a local government fails to nominate persons for appointment as local members within 40 days after the Minister’s request, the Minister may appoint persons who are eligible voters of the district and who have the relevant knowledge and experience to represent the interests of the local community of the district. Therefore nominations are required by 28 February 2017.


C24 JANUARY 2017

When selecting nominees, Council should consider that local government elections in October 2017 may result in a change to DAP membership if current elected members who are DAP members are not re-elected. If members are not re-elected, Council will need to re-nominate for the Minister’s consideration. DAP members, including local government elected members, are entitled to be paid for their attendance at DAP meetings and training. Sitting fees are paid on a sessional basis. As from 1 February 2017 the presiding member is paid $700 per session and all other members are paid $425 per session as set out in Schedule 2 of the Regulations. The fee for attending training is $400 for all DAP members, the fee for attending re-training being $200. For travel in a member’s privately owned vehicle between the member’s residence or normal place of business and the place where the DAP meeting is held the Department of Planning will pay a motor vehicle allowance at the current “cents per kilometre car expense payments” rate set by the Australian Taxation Office for the shortest practicable route, provided such travel -

Is greater that a round trip of 50 kilometres to and from the meeting venue; and

Is for the purpose of attending an official meeting of the DAP. VOTING REQUIREMENT Simple majority

RECOMMENDATION

That Council nominates for the Minister of Planning’s consideration the following members of the Metro East Development Assessment Panel (DAP) for a term of up to three years commencing on 27 April 2017: Two local members: ………………………. and ……………………… Two alternate local members: ………………………….. and …………………………..

COUNCIL DECISION C4.01.17 MOTION Moved by: Cr Cook Seconded by: Cr Jeans

That Meeting Procedures be suspended to call for nominations due to more than two councillors wishing to nominate as local members and alternate local members of the Metro East Development Assessment Panel (DAP).

CARRIED 12/0


C25 JANUARY 2017

For: Cr Bertola, Cr Martin, Cr Fisher, Cr Clark, Cr Daw, Cr Brennan, Cr Perks, Cr Fox, Cr Cook, Cr Jeans, Cr Cuccaro, Cr Lavell Against: Nil Due to more than one nomination being received for each position, a ballot was undertaken. Nominations for Local Members were Cr Lavell, Cr Bertola and Cr Cook. Results were: Cr Lavell 12 votes, Cr Bertola 5 votes and Cr Cook 7 votes. Nominations for Alternate Local Members were Cr Fox, Cr Clark and Cr Cuccaro. Results were: Cr Fox 11 votes, Cr Clark 6 votes and Cr Cuccaro 7 votes.

COUNCIL DECISION C5.01.17 MOTION Moved by: Cr Bertola Seconded by: Cr Jeans

That Meeting Procedures now be resumed.


COUNCIL DECISION C6.01.17 RECOMMENDATION Moved by Cr Perks Seconded by Cr Jeans

That Council nominates for the Minister of Planning’s consideration the following members of the Metro East Development Assessment Panel (DAP) for a term of up to three years commencing on 27 April 2017: Two local members: Cr Lavell and Cr Cook Two alternate local members: Cr Fox and Cr Cuccaro CARRIED 12/0


Next Report


C26 JANUARY 2017

10.3 Tender Outcome – Accessibility Upgrade to Darlington Hall

File Code AS.RFT 05/1617

Author Rene Baur, Manager Building Assets

Senior Employee Shane Purdy, Director Infrastructure Services


Nil

SUMMARY It is proposed to upgrade accessibility throughout the Darlington Hall building. The architectural work on the proposed project has progressed to completion of the public tender phase for construction. This report recommends Council not award a tender for the disability access upgrade works to Darlington Hall and re-tender the works in August/September 2017. BACKGROUND Council allocates funding of $150,000 per annum toward access upgrades to its buildings, with the priority buildings being identified with the assistance of the Inclusion and Disability Access Advisory Group (IDAAG). The current priority building is Darlington Hall. The construction budget for these works is $355,000. Tenders for building works to upgrade accessibility to the hall were invited by advertisement in the West Australian newspaper, on the Tenderlink and Shire of Mundaring websites on Wednesday 19 November 2016, to close at 12 noon Monday 19 December 2016. This gave a total of four weeks and two days open tender period. A compulsory site inspection and briefing was held at the hall at 9:00am Tuesday 29 November 2016. Thirteen representatives (from twelve companies) attended the compulsory inspection, of whom two were substantially late for the start time. A pre-tender cost estimate of $414,000 Ex GST was produced, based on final tender designs, by quantity surveyors Trevor Phillips and Associates. It was expected that competitive pricing would be achieved due to the current downturn in the building market. Due to the desired timing of the works to commence in early January 2017 to minimise the period of disruption on hall users, a report was submitted to Council at its meeting of 13 December 2016 to expedite awarding of the works where it was resolved (C12.12.16):

“That the Chief Executive Officer be delegated authority under Section 5.42 of the Local Government Act 1995 to award Tender RFT 05/1617 for the Darlington Hall accessibility building upgrade, subject to the tender price not exceeding$390,500 (excluding GST).”


C27 JANUARY 2017

STATUTORY / LEGAL IMPLICATIONS

As the value of the project exceeds tendering thresholds, a public tender process in accordance with the Local Government Act 1995 and Regulations was required. The tender was advertised state wide, given more than the minimum time for response, and assessed in accordance with the Local Government Functions and General Regulations 1996.

POLICY IMPLICATIONS

Nil FINANCIAL IMPLICATIONS

The construction budget for this project is $355,000, all of which is allocated in the 2016/17 annual budget. Accepting the lowest tender would commit the Shire to paying $537,145, being $182,145 over the construction budget allocation for these works.

Delaying the project to the 2017/18 financial year will allow additional funds from the $150,000 annual allocation to access upgrades for buildings to be available to add to the current allocation to provide sufficient funds to enable this project to proceed. STRATEGIC IMPLICATIONS Nil

SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS

Interruption to Service (Consequence Rating – Major, Likelihood Rating - Likely) The interruption to users had been planned for the period from January 2017 to May 2017 to utilise the quietest time of hall use and this had been communicated well in advance. Should the tender not be accepted and readvertised it is proposed the works be timed to commence early in January 2018 to minimise the major disruption. Reputation (Consequence Rating – Minor, Likelihood Rating - Likely) The Shire’s reputation will be impacted by not proceeding with the works at this time from the local community and regular hall users. Communication with stakeholders to explain the reasons for the delay in works will be required.


C28 JANUARY 2017

EXTERNAL CONSULTATION An accessibility audit was carried out by specialist consultants O’Brien Harrop Access, and the final design was based on the recommendations contained in their report. Production of the design followed extensive consultation by the architect (Holton Connor) and Building Assets staff with staff from various service teams, Darlington Resident and Ratepayers Association, regular users of Darlington Hall and IDAAG. The final design incorporates both mandatory and desirable improvements to accessibility throughout the building.

COMMENT

Three tender submissions were received and the respondents are shown in the following table, along with their tendered price excluding GST.

Respondent Tender Price Sum (Ex GST)

Patton Building 581,640

Programmed Property Services 596,208

HS Hyde & Son 537,145

Programmed Property Services’ submission was deemed to be non-compliant and not eligible for further consideration as they had included, as an exclusion to their submission, a rider to the effect that they have not agreed to the terms and conditions of contract as laid out in the RFT. Of the two remaining respondents, HS Hyde and Son submitted the lowest tender price of $537,145 Ex GST. This exceeds the pre-tender estimate by $123,145 (or 30%), and the budget figure by $182,145 (or 51%). Assessments of the two remaining submissions against the tender criteria were carried out by the tender assessment panel. The panel was comprised of the Shire’s Director Infrastructure Services, Manager Building Assets and Building Maintenance Officer. The panel separately assessed the tenders submitted and the criteria scores shown in the table below are averaged from those three assessments. The qualitative assessment criteria for the tender were described in the tender documentation as follows:

Relevant experience (35%)

Subcontractor Stonemason’s Relevant Experience (5%)

Demonstrated Understanding (15%)

Company Profile (5%)

Price (40%)

Tenderer Qualitative Score/100

Patton Building 72

HS Hyde & Son 73

Analysis by the quantity surveyor of the prices submitted by tenderers has resulted in advice to the Shire that the low number of responses and the high


C29 JANUARY 2017

prices tendered in the submissions do not reflect the current slow market conditions in the building and construction industry. They are therefore not considered to be competitive or reasonable value for money. Further assessment of the submissions, such as referee contact, has not been carried out due to this advice and conclusion. Whilst the tender process has been thorough and over four weeks was provided for development of a submission, the market response has been disappointing. Given the consultant’s advice that a greater number and range of competitive responses should have resulted, it is recommended that no tender be accepted. The outcome may have been affected by the proximity of the tender process to the industry’s traditional Christmas break. It is noted, however, no requests for time extensions were received nor adverse comments received at the compulsory site briefing. Given that the timing of works is ideally suited to commence in early January it is recommended the works be placed on hold until January 2018 and a new tender process be conducted in August/ September 2017. It would be expected that by doing this a greater number of tender submissions from the construction industry will be received.

VOTING REQUIREMENT

Simple majority

RECOMMENDATION

That Council resolves not to award a contract for RFT 05/1617 Darlington Hall Access Upgrade.

MOTION Moved by Cr Cook Seconded by Cr Jeans

That Council resolves; 1. not to award a contract for RFT 05/1617 Darlington Hall Access Upgrade;

and

2. Options for ways to move forward with the provision of an accessible toilet, ramp and car parking for people with a disability be provided to Darlington Hall within this financial year are presented to Council at the February meeting.


C30 JANUARY 2017

COUNCIL DECISION C7.01.17 MOTION Moved by Cr Martin Seconded by Cr Daw

That Cr Cook be allowed extra time to speak on the item. CARRIED 12/0


MOTION Moved by Cr Cook Seconded by Cr Jeans

That Council resolves; 1. not to award a contract for RFT 05/1617 Darlington Hall Access Upgrade;

and

2. that options for ways to move forward with the provision of an accessible toilet, ramp and car parking for people with a disability be provided to Darlington Hall within this financial year be presented to Council at the March meeting.

LOST 4/8 For: Cr Daw, Cr Perks, Cr Cook, Cr Jeans Against: Cr Bertola, Cr Martin, Cr Clark, Cr Fisher, Cr Brennan Cr Fox,

Cr Cuccaro, Cr Lavell


C31 JANUARY 2017

COUNCIL DECISION C8.01.17 MOTION Moved by Cr Fisher Seconded by Cr Clark

That Council resolves:

1. not to award a contract for RFT 05/1617 Darlington Hall Access Upgrade; and

2. a further report be developed and presented on required and desirable elements to be included in the Darlington hall accessibility upgrade project before the tender is readvertised.

CARRIED 11/1

For: Cr Bertola, Cr Martin, Cr Fisher, Cr Clark, Cr Daw, Cr Brennan, Cr Perks, Cr Fox, Cr Cook, Cr Jeans, Cr Cuccaro, Cr Lavell Against: Cr Martin Reason for the change: To assess elements of the project to determine if the project can be delivered at a lower building cost whilst still meeting accessibility outcomes and the Building Code of Australia requirements before the tender is re-advertised.

Next Report


C32 JANUARY 2017

10.4 Disposal of Lot 124 Scott Street Greenmount

File Code Sc 2.2-4/1

Author Damien Martin, Strategic Projects Advisor

Senior Employee Megan Griffiths, Director Strategic and Community Services


Nil

SUMMARY

This item recommends that Council, by absolute majority, delegates authority to the Chief Executive Officer (CEO) to dispose of Lot 124 Scott Street Greenmount (being the Greenmount Hall and Katharine Susannah Prichard Library current site).

BACKGROUND

The Shire is the owner of Lot 124 Scott Street Greenmount (the subject site), which is currently occupied by Greenmount Hall and Katharine Susannah Prichard Library. There is also some degraded recreational infrastructure including old tennis courts on the site but these have not been in regular use for many years. These facilities are scheduled for demolition in the near future. They will be replaced by the soon-to-be-opened Boya Community Centre. Council has taken several relevant decisions that lead to the imminent vacation of the subject site. In December 2011 Council (SC3.12.11) inter alia: • Confirmed continuation of its two-branch library service • Determined to proceed with the Boya Community Centre development • Requested the former Investment Property Committee to “commence work

on the rezoning and sale of properties (including the subject site) …required for sale to support (the Boya Community Centre).

In January 2015 Council (C4.01.15) resolved to advertise the then proposed rezoning of the subject site from its former zoning of “Public Purposes” to its current zoning of “Residential R40”. That resolution recognised the rezoning of the subject site to Residential (R40) would…”help facilitate the delivery of higher standard of community facilities at the future Boya Community Hub….” (Council minutes 27 January 2015, C8). The resolution further recognised “the intent …to replace these degraded buildings (on the subject site) with a new integrated facility as part of the Boya Community Hub project, with the cost of the replacement buildings offset (in part) by the disposal of Lot 124” (Council minutes 27 January 2015, C9). In July 2015 Council adopted an amendment to rezone the subject site to Residential R40 (C5.07.15). The Minister for Planning subsequently approved


C33 JANUARY 2017

the amendment to Local Planning Scheme No. 4 to rezone the subject site on 23 December 2015 . The subject site (see map at ATTACHMENT 1) is:

Situated on the corner of Scott Street and Great Eastern Highway

Lot 124 on Plan 32910 and contained in Certificate of Title Volume 2590 Folio 500

Owned freehold by Shire of Mundaring

6628 sqm

Residential R40 under Local Planning Scheme No. 4. Two portions of Lot 124 Scott Street Greenmount are reserved as “Primary Regional Road” under the Metropolitan Region Scheme (MRS). These portions have been reserved for upgrading/widening of Great Eastern Highway. It is not known whether or when these works will be undertaken. Ordinarily the State requires reserves such as this to be ceded to the Crown at no cost to the Crown at the time of subdivision. Sale of the subject property would not trigger Crown acquisition of the reserved land. The MRS reservation of the two portions of the subject site is not materially relevant to Council’s deliberations on the proposed disposal of the site. It is, however, information that would be materially relevant to a potential purchaser as it may affect the scale and design of any future development on the site. For that reason it is considered prudent to place the information on the public record. Should Council resolve to dispose of the subject site, the existence of the MRS reservation will be included in the material made available to a selling agent for disclosure to potential purchasers. A map showing the two portions of reserved land, totalling approximately 200 sqm, is ATTACHMENT 10.

STATUTORY / LEGAL IMPLICATIONS

Section 3.58 of the Local Government Act 1995 provides for disposal of property, essentially by three means: 1. to the highest bidder at a public auction (s 3.58 2(a)); or 2. to the person makes what is, in the opinion of the local government, the most

acceptable tender, whether or not it is the highest tender (s 3.58 2(b)); or 3. otherwise (s 3.58 (3), 3.58(4)) subject to numerous conditions including:

(a) giving local public notice of the proposed disposition including the names of parties concerned, consideration received, and market value of the property; and

(b) inviting and considering public submissions on the proposed disposal and recording the ultimate decision and the reasons for it.

Section 5.42 and 5.43 of the Local Government Act 1995 provide for Council to delegate powers and duties to the CEO.


C34 JANUARY 2017

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 — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5). * Absolute majority required. 5.43. Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties -

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph.

POLICY IMPLICATIONS

Disposal of the property and reinvestment of the proceeds in income generating assets is a key element of the Shire’s adopted Property Strategy (C10.09.07). Once vacated, the property is available to the Shire for investment purposes, subject to Council approval. FINANCIAL IMPLICATIONS The Long Term Financial Plan 2016/17-2025/26 forecasts $1.8M income from the sale of land in 2017/2018 (p25, 27), which is to be transferred to the Shire’s Capital Investment Reserve.

STRATEGIC IMPLICATIONS

Supports the Mundaring 2016 Strategic Community Plan by aligning with objectives: Priority 1 - Governance

Objective 1.1– A fiscally responsible Shire that prioritises spending appropriately

Strategy 1.1.2 – Investigate alternative revenue sources RISK IMPLICATIONS

Financial High: Property sales can be affected by the property market and

economic conditions at the time of the sale, which may impact on the estimated return.

The Long Term Financial Plan 2016/17-2025/26 forecasts income

from the sale of land in 2017/18, which is to be transferred to the Shire’s Capital Investment Reserve. Should Council not proceed with the sale the forecast proceeds in the current LTFP will be foregone and there will be less cash available in the Shire’s Capital Investment Reserve for future projects and capital investment.


C35 JANUARY 2017

Reputational Moderate: There is some risk of local community opposition to the proposed

disposal of the subject site and any development that may follow. The sentiments of some of the local residents have been expressed through the rezoning process. The extent to which this opposition will continue once the Boya Community Centre is operational is not known.

Some local community appetite for recreational or other facilities on the subject site has also been expressed. Retaining the site in Shire ownership once it is cleared may invite new proposals for alternative uses of the site. This would be inconsistent with Council’s decision (SC3.12.11) that the subject site be rezoned and sold. It would also be inconsistent with the Property Strategy principle of retaining land only if it meets defined criteria for retention. The objectives and principles of the Property Strategy are further explained in the “Comment” section below.

EXTERNAL CONSULTATION

It is proposed to seek professional advice to determine the method of disposal likely to achieve the greatest return. Should this result in a determination to dispose of the subject site by public auction or tender, there is no statutory requirement for external consultation. Should the advice result in a determination to dispose of the subject site by private treaty, public advertising and an invitation for public submissions will be required.

COMMENT

In June 2014 Council delegated authority (C15.06.14) to the CEO to dispose of commercial property (ATTACHMENT 2 - Delegation CE-152). This delegation authorises the CEO to dispose of property subject to the sale to be:

within 10% of independent valuation; and

in accordance with Council’s adopted property strategy.

Council adopted a Property Strategy in 2007. The Property Strategy has multiple objectives, including acquisition and development of land for social and community facilities, and generating wealth and income from property. To assist in achieving these objectives the strategy categorises the Shire’s land-holdings into those held for:

Investment (income-producing) purposes;

Social, Community or Civic (community facilities on freehold land) purposes and;

Economic Purposes (strategic urban development projects such as town centre projects).

The Property Strategy pre-dates Council decisions from 2011 that resulted in the Boya Community Centre. The subject site is classified in the Property Strategy as being held for Social, Community or Civic Purposes, which reflects its use at the time. The strategy provides that properties may only be used in accordance with their current classification, unless a secondary or ancillary use that does not affect the dominant use is noted and approved by Council.


C36 JANUARY 2017

One of the principles guiding the management of the Shire’s property portfolio (Appendix C of the Property Strategy 2007) is that the only properties the Shire should retain.... are those that:

are necessary for the … performance of its functions;

the Shire is otherwise legally required to control; and

fit designed strategic or investment criteria. The Boya Community Centre is designed to meet the social, community and civic purposes that have hitherto been met at the subject site. The subject site no longer satisfies any of the criteria for retention and therefore its disposal is recommended. Because the subject site is classified for Social, Community and Civic Purposes in the Property Strategy and Delegation CE-152 refers to commercial property, it could be held that Delegation CE-152 does not delegate authority to the CEO to determine disposal of the subject site. For this reason it is recommended that Council delegates that authority. It is recommended that the subject property is offered for sale without a condition that the purchaser lodges a Development Application. This separates the dual and potentially conflicting interests and responsibilities of the Shire – firstly as an owner, and secondly as a regulator. Once the subject property is owned by another party the Shire can exercise its responsibilities as a regulator without risk of conflict of interest.

A review of the Property Strategy is scheduled for later in 2017. VOTING REQUIREMENT Absolute Majority

COUNCIL DECISION C9.01.17 RECOMMENDATION Moved by Cr Bertola Seconded by Cr Perks

That Council, by Absolute Majority –

1. resolves to dispose of its property at Lot 124 Scott Street Greenmount;

2. delegates authority to the Chief Executive Officer to:

a. determine the method of disposal of Lot 124 Scott Street Greenmount most likely to achieve the greatest return, having regard to appropriate professional advice; and

b. negotiate with potential purchasers and dispose of Lot 124 Scott Street Greenmount to the best available offer as soon as is practicable, subject to the disposal realising consideration of not less than 90% of the valuation of the property; and

3. resolves that the funds realised from the disposal of Lot 124 Scott Street Greenmount be transferred to the Shire’s Capital Investment Reserve.


C37 JANUARY 2017


For: Cr Bertola, Cr Martin, Cr Fisher, Cr Clark, Cr Daw, Cr Brennan, Cr Perks, Cr Fox, Cr Cuccaro, Cr Lavell Against: Cr Cook, Cr Jeans

Next Report


C38 JANUARY 2017

Attachment 1

Report 10.4

1 page


C39 JANUARY 2017

Map of subject site


C40 JANUARY 2017

Attachment 2

Report 10.4

1 page


C41 JANUARY 2017

DELEGATION CE 152


C42 JANUARY 2017

Attachment 10

Report 10.4

1 page


C43 JANUARY 2017

LOT 124 Scott Street Greenmount showing areas reserved as Primary Regional Road under the Metropolitan Region Scheme.

Red represents the MRS ‘Primary Regional Road’

Reservation. Approx 200sqm is within the lot boundary


C44 JANUARY 2017

10.5 Adoption of Fees and Charges for Boya Community Centre 2016/17

File Code Sc 2.119 – 135/1

Author Kirk Kitchin, Manager Recreation and Leisure Services

Senior Employee Megan Griffiths, Director Strategic and Community Services


Nil

SUMMARY The opening of the Boya Community Centre at 119-127 Scott Street, Helena Valley in early 2017 requires new fees and charges. The proposed charges are based on the quality of the facility, comparable facilities outside of and within the Shire combined with the community’s ability and willingness to pay. This report represents the proposed fees and charges for adoption and inclusion in the current 2016/17 Fees and Charges Schedule. BACKGROUND The Boya Community Centre is set to open in February 2017. The facility incorporates the Katharine Susannah Pritchard Library that has two multi-purpose spaces available for hire and a high quality 300sqm multi-purpose community hall with a room divider allowing it to be also used as two 150sqm rooms. There are kitchen facilities, external servery, data projector and screen, PA system, tables and chairs. The facility will not be staffed and will be booked using the same processes as all other Shire community facilities. STATUTORY / LEGAL IMPLICATIONS 6.19. Local government to give notice of fees and charges

If a local government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of —

(a) its intention to do so; and

(b) the date from which it is proposed the fees or charges will be imposed.

1.7. Local public notice

(1) Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be —

(a) published in a newspaper circulating generally throughout the district;

and

(b) exhibited to the public on a notice board at the local government’s offices; and


C45 JANUARY 2017

(c) exhibited to the public on a notice board at every local government

library in the district.

(2) Unless expressly stated otherwise it is sufficient if the notice is —

(a) published under subsection (1)(a) on at least one occasion; and

(b) exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than —

(i) the time prescribed for the purposes of this paragraph; or

(ii) if no time is prescribed, 7 days.

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Regular commercial hirers of the Greenmount Hall and the now demolished Boya Hall are being given the opportunity to relocate their operations to the Boya Community Centre. In addition, the upgrade to the Darlington Hall in early 2017 requires the relocation of regular hirers at this facility to Boya Community Centre during the works. These groups are listed in (ATTACHMENT 3). Due to the higher quality of the facility the proposed fees and charges at the Boya Community Centre are considerably higher than those at existing halls. As the current facilities are being demolished or upgraded it is proposed to give the existing hirers a transition rate until 30 June 2017. This will allow them to assess if the new hire rates are sustainable for their business and if not allow them time to find alternate premises. The transition rate for a 150sqm room which is a similar size to Greenmount Hall and Darlington Hall is proposed to be $8.90 per hour for community groups or and $20.90 per hour for commercial groups. This transition rate would be available for the first 5 months until 30 June 2017. All new users to Boya Community Centre other than those listed above will pay the new rates approved by Council in this item. After 30 June 2017 it is proposed that the full fees and charges will be applied to all bookings. Fees and Charges for all Shire facilities are reviewed and adopted on an annual basis. STRATEGIC IMPLICATIONS Mundaring 2026 Strategic Community Plan Strategic Priority 1: Governance Objective one – A fiscally responsible Shire that prioritises spending appropriately


C46 JANUARY 2017

Strategy 1.1.2 –Investigate alternative revenue sources Strategic Priority 2: Community Objective three – A strong localised community spirit Strategy 2.3.1 – Provide community venues and facilities for different demographics Objective five – Flourishing local business Strategy 2.5.1 – Encourage community to support local businesses SUSTAINABILITY IMPLICATIONS Due to the high quality of the Boya Community Centre there is an opportunity to charge significantly higher fees than for any other Shire facility. Taking this approach may present a situation where many members of the community will not be able to afford to use this facility. The recommended fees attempt to strike a balance between providing a financial return to the Shire and ensuring the facility is financially accessible. RISK IMPLICATIONS Reputation – Setting the fees too high Should the fees for the Boya Community Centre be seen by members of the community as unaffordable the risk to the reputation of the Shire is Medium. This risk can be reduced to Low by setting fees at a level that is affordable to the majority of the community and promoting the high quality of the facility for these higher charges, relative to other Shire facilities. Reputation – Not providing a transition period for existing Greenmount Hall and past Boya Hall regular hirers The current regular hirers of the Greenmount Hall and past regular hirers of the Boya Hall, i.e. community based groups and small activity based businesses, are being forced to relocate their activities due to the demolition of these halls once the Boya Community Centre is opened. If they are not provided a transition rate to allow them the opportunity to assess if the new hire rates are sustainable for their business or find alternate premises, the risk to the Shire’s reputation is Medium. This risk can be reduced to Low if a transition rate is provided. Financial – Setting the fees to low Loss of income through setting the fees too low is a Medium risk. This can be reduced to Low by ensuring the fees are high enough to be generating a reasonable income for the Shire while being affordable to the wider community. EXTERNAL CONSULTATION Three similar local government facilities have been identified as comparable to the Boya Community Centre due to their room sizes, age and resources available. These facilities are:

Town of Cambridge – The Boulevard Hall which is the facility most similar to Boya Community Centre. The main 292sqm room is comparable in


C47 JANUARY 2017

size, quality and condition to Boya Community Centre. This may be in part due to it being designed by the same architectural firm as the Boya Community Centre. Resources include tables, chairs, kitchen facilities, and a range of other items. The prices charged by the Town of Cambridge are significantly higher than those charged at the Shire of Mundaring’s community facilities. Whilst this is partly due to the higher quality of facility it is also located in the Western suburbs of Perth which have a different community to that of Boya/Helena Valley in social economic terms.

City of Swan – Ellenbrook District Open Space North. A new facility similar in size and available resources. The function room is 183m2 with a capacity for hire up to 184 people. Resources include tables, chairs, kitchen facilities with an urn, oven, microwave and fridge.

Shire of Kalamunda – Woodlupine Community Centre. Currently Shire of Kalamunda does not have any facilities that are of the standard of the Boya Community Centre. The closest by comparison is the Woodlupine Community Centre is an older facility, is heavily utilised for functions and the function room has a capacity for up to 369 people. Resources include tables, chairs, kitchen facilities, oven, urn, microwave, and fridge. PA system and microphone are also available for hire.

COMMENT The Boya Community Centre will be the largest and highest quality community facility the Shire provides. The quality of the rooms, equipment and surrounds justifies significantly higher prices than those of other Shire community facilities. However, taking into account the community’s ability and willingness to pay presents a challenge to strike the right balance between providing a financial return to the Shire and ensuring a financially accessible facility. Other similar facilities charge: Full Room Facility Function Commercial Rate

(per hour) Community Rate

(per hour)

Boulevard Hall (292m2) Town of Cambridge

$980 $106 $84

Ellenbrook District Open Space North (183m2) City of Swan

$650 $100 $70

Woodlupine Community Centre (160m2) Shire of Kalamunda

$519 $69.50 $49

Half Room Facility Function Commercial Rate

(per hour) Community Rate

(per hour)


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Town of Cambridge $490 $49 $42

City of Swan NA NA NA

Shire of Kalamunda NA NA NA

Based on the comparisons to the above facilities, combined with what the Shire charges at its own community halls, the following charges are recommended for the Boya Community Centre. Authority

(S – Statute) (C – Council) (F - Framed)

GST Applicable (Y – Yes) (N – No)

2016/17 Incl. GST

(if applicable) $

BOYA COMMUNITY CENTRE

Functions

A function is a 6 hour booking. Every additional hour booked beyond 6 hours is charged at the relevant hourly rate.

Halls 1& 2 Combined

Community Groups (cost per hour)

C Y 45.00

Commercial & Government (cost per hour)

C Y 70.00

Function rate - Community Groups

C Y 650.00

Function rate - Commercial & Government

C Y 880.00

Hall 1 OR Hall 2


C Y 22.50


C Y 35.00

Function rate - Community Groups

C Y 325.00

Function rate - Commercial & Government

C Y 440.00

Transitional rate Available until 30/06/2017 for existing regular hirers (as of 1/12/2016) of Greenmount, Boya and Darlington* Halls. Community (cost per hour)

C Y 8.90

Transitional rate Available until 30/06/2017 for existing regular hirers (as of 1/12/2016) of Greenmount, Boya and Darlington* Halls. Commercial & Government (cost per hour)

C Y 20.90

Kiosk


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C Y 10.00


C Y 25.00

Equipment Hire

Projector Hire (per hour) C Y $50.00

Projector Hire (per function) C Y $150.00

PA & Microphone Included in room

hire

*Darlington Hall regular users subject to the closure of the Darlington Hall for accessibility upgrades in early 2017. A separate item regarding these works is presented in this Ordinary Council Meeting Agenda. In addition to the above facilities there are two meeting rooms in the new library that require application of fees. The recommended charges align with meeting room costs within other Shire facilities such as Mundaring Hall meeting room and the Swan View Youth Centre computer room. Authority

(S – Statute) (C – Council) (F - Framed)


2016/17 Incl. GST

(if applicable) $

KATHARINE SUSANNAH PRITCHARD LIBRARY

Lounge Room


C Y 16.00


C Y 25.00

Meeting Room


C Y 7.50


C Y 15.00

VOTING REQUIREMENT Absolute Majority

RECOMMENDATION

That Council by Absolute Majority: 1. Adopts the fees and charges for the new Boya Community Centre to be

incorporated in the 2016/17 Schedule of Fees and Charges as outlined in ATTACHMENT 4 with effect from the end of the public notice period;


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2. Approves a transition rate for regular hirers from the Greenmount Hall listed in ATTACHMENT 3 until 30 June 2017; and

3. Approves a transition rate for regular hirers from the Darlington Hall listed in

ATTACHMENT 3 until 30 June 2017, subject to those users being required to be relocated due to the Darlington Hall closure for accessibility upgrades.

MOTION Moved by Cr Fisher Seconded by Cr Jeans

That Council, by Absolute Majority; 1. Adopts the fees and charges for the new Boya Community Centre to be

incorporated in the 2016/17 Schedule of Fees and Charges as outlined in ATTACHMENT 4 noting the function rate for Community Groups to be changed to $460 with effect from the end of the public notice period; and

2. Approves a transition rate for regular hirers from the Greenmount Hall listed in ATTACHMENT 3 until 30 June 2017.

LOST 6/6

For: Cr Fisher, Cr Clark, Cr Daw, Cr Perks, Cr Cook, Cr Jeans Against: Cr Bertola, Cr Martin, Cr Brennan, Cr Fox, Cr Cuccaro, Cr Lavell An Absolute Majority was not achieved and this motion was lost as the function rate for Community Groups was to remain at $650 rather than the proposed $460.

8.31pm Cr Daw left the Chamber 8.32pm Cr Daw returned to the Chamber


C51 JANUARY 2017

COUNCIL DECISION C10.01.17 RECOMMENDATION Moved by Cr Fox Seconded by Cr Bertola

That Council, by Absolute Majority; 1. Adopts the fees and charges for the new Boya Community Centre to be

incorporated in the 2016/17 Schedule of Fees and Charges as outlined in ATTACHMENT 4 with effect from the end of the public notice period; and

2. Approves a transition rate for regular hirers from the Greenmount Hall listed in ATTACHMENT 3 until 30 June 2017.

CARRIED BY ABSOLUTE MAJORITY 11/1 For: Cr Fisher, Cr Clark, Cr Daw, Cr Cook, Cr Jeans Cr Bertola,

Cr Martin, Cr Brennan, Cr Fox, Cr Cuccaro, Cr Lavell Against: Cr Perks

Next Report


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Attachment 3

Report 10.5

1 page


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Regular Hirers – relocating to Boya Community Centre Darlington Hall

Yoga Time

World Yong Nian Tai Chi Federation

Imelda King

Kindy Dance Time

Amber Mills Zumba

Inspirit Tae Kwon Do

Greenmount Hall

Valley Craft

Low Tae Kwon Do

Greenmount Tae Kwon Do

Aero Dance


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Attachment 4

Report 10.5

2 pages


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Authority

(S – Statute) (C –

Council) (F - Framed)


2016/17 Incl. GST

(if applicable)

$

BOYA COMMUNITY CENTRE

Functions

A function is a 6 hour booking. Every additional hour booked beyond 6 hours is charged at the relevant hourly rate.

Halls 1& 2 Combined

Community Groups (cost per hour) C Y 45.00


C Y 70.00

Function rate Community Groups

C Y 650.00

Function rate Commercial & Government

C Y 880.00

Hall 1 OR Hall 2



C Y 35.00

Function rate Community Groups

C Y 325.00

Function rate Commercial & Government

C Y 440.00

Transitional rate Available until 30/06/2017 for existing regular hirers (as of 1/12/2016) of Greenmount, Boya and Darlington Halls. Community (cost per hour)

C Y 8.90

Transitional rate Available until 30/06/2017 for existing regular hirers (as of 1/12/2016) of Greenmount, Boya and Darlington Halls. Commercial & Government (cost per hour)

C Y 20.90

Kiosk



C Y 25.00

Equipment Hire

Projector Hire (per hour) C Y $50.00

Projector Hire (per function) C Y $150.00

PA & Microphone Included in room hire


C56 JANUARY 2017

KATHERINE SUSANNAH PRITCHARD LIBRARY

Lounge Room



C Y 25.00

Meeting Room



C Y 15.00


C57 JANUARY 2017

10.6 Lake Leschenaultia Trail Grant

File Code Ro 7. Res.23165

Author Kirk Kitchin, Manager Recreation & Leisure Services

Senior Employee Megan Griffiths, Director Strategic & Community Services


Nil

SUMMARY The Shire has been successful in securing a $43,600 grant from Lotterywest for the development of a plan for beginner and intermediate level trails and the construction of a pump track at Lake Leschenaultia. This grant was approved by Lotterywest without any cash contribution from the Shire and is not currently included in the Shire’s 2016/17 budget. It is recommended Council accept the grant and approve a variation to the 2016/17 annual budget in order to accommodate the income from the grant and expenditure on the project. At its meeting on 13 December 2016 Council resolved to not progress the adoption or implementation of the draft Master Plan for Lake Leschenaultia (C9.12.16). Non adoption of the draft Master Plan does not preclude capital works occurring at the Lake as each proposed works can be considered on its own merit. This project will enhance the facilities and create an additional attraction by increasing recreation opportunities on offer at the Lake. As such it is recommended this project proceed.

BACKGROUND The trails around Lake Leschenaultia have always been an attraction to visitors. There is an existing mountain bike trail network around the lake and within the North West area of the park. It is an easy ride which mainly follows fire break roads with only approximately 20% of the trail being the “single-track” type trail, which is preferred by most riders. There are few hills and no technically difficult sections, making it suitable for novice mountain bikers. This style of trail is now outdated and provides limited enjoyment, particularly in summer when the sections of loose pea gravel make for difficult riding. This is most likely why the existing trail has low traffic numbers compared to other mountain bike trails close to Perth. The existing out and back loop trail type is also a limiting factor to families and those wanting to try mountain biking, without committing to a longer ride. The option of increasing the trail network within the bounds of the Lake Leschenaultia reserve beyond that of the fire break roads was explored a few years ago with the Perth Mountain Bike Club. The concept was to build a cross country racing circuit that would attract local and state level races to Lake


C58 JANUARY 2017

Leschenaultia with the added benefit of increasing campers and customers through the cafe. This was never developed past concept as in the opinion of the Perth Mountain Bike Club there was not enough room within the reserve to create a circuit of the required length. This would have required the course to enter onto the adjacent ‘A’ Class reserves and Conservation and Land Management (now Department of Parks and Wildlife) did not support this at the time. A dirt jump park has also been designed, costed and considered but as the old BMX track in Chidlow was upgraded to a dirt jump park this was also passed over. STATUTORY / LEGAL IMPLICATIONS As the project is not currently listed in the 2016/17 budget Council is required to approve by absolute majority a variation to the 2016/17 annual budget in order to accommodate the $43,600 income from the grant and the $43,600 to be expended on the project. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS At the time of the application there were no plans for this project in the draft Corporate Business Plan and it was unlikely Shire funding would be possible to be included in the 2016/17 budget to provide a contribution to a grant application. Under normal circumstances, if Shire funds are not listed in the budget an application would not be submitted as it is common practice for applications from local governments to include a cash contribution. However in this particular case, and after discussion with Lotterywest staff, it was agreed that the application could progress with only in-kind contributions from the Shire. These in-kind contributions were able to be accommodated within existing resources and operational budgets. As the Shire did not provide cash contribution to the project Lotterywest reduced the scope and level of funding of the original application. The breakdown of the Lotterywest funds is noted below:

Item Cost

Design – new trails $5,000

Labour $22,000

Machinery and Materials $13,000

Signage $3,000

Equipment $600

TOTAL $43,600


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The Shire’s contribution that can be accommodated within the current operational budget is detailed below:

Promotion of the successful Lotterywest grant;

Organise official presentation of Lotterywest grant;

Management of the project, contractors and volunteers;

Development, procurement and installation of signs;

Dieback study (already completed);

Use of the Lake’s tractor and Maintenance Officer to minimise machinery and operator costs;

Procurement of clay material from Mundaring Recreation Centre site works if possible to minimise materials cost;

Accounting for project and acquittal of grant; and

Ongoing maintenance of the pump track. The ongoing maintenance of the pump track will be the responsibility of the Lake Leschenaultia maintenance staff. There is an opportunity to create a volunteer group of riders to assist in the maintenance of the pump track following the model of the Kalamunda Mountain Bike Collective. The creation of a group such as this would minimise the maintenance impost on Shire resources. As the pump track is a low level facility with rolling elements the estimated costs of annual maintenance without the use of volunteers is well under $1000 per annum. This estimated amount is for materials and will be incorporated into the existing landscaping maintenance budget. It does not include staff time which will be factored into the existing works schedules of the lake’s maintenance staff. Should a volunteer group be setup the material costs would still be required but the impost of the lake’s maintenance staff time would diminish. It is estimated that every 5 years material would need to be sourced to resurface the pump track. This is normally clay based material that can be compacted to form a firm and resilient surface. There are opportunities to source clay based material from Shire projects and store to at the lake ready for use when required. This eliminates the need to purchase material, however if it does need to be purchased this would equate to less than $2000 every 5 years. The location chosen for the pump track minimises the cost of future works to provide supporting infrastructure as it already has the infrastructure in place that users request including:

Its own parking area;

Connecting paths to the lake trail network;

BBQ;

Picnic tables; and

Electrical supply. There are currently no funds allocated in the Shire’s Long Term Financial Plan for the development of further trails at Lake Leschenaultia. New trails identified in the trail plan will be listed for consideration as part of the annual Corporate Business Planning (CBP) process with planned contributions from Lotterywest Trails Grants.


C60 JANUARY 2017

The Shire’s insurers Local Government Infrastructure Services have advised that the development of the pump track will not increase the Shire’s public liability premiums and it would be included in the normal Shire cover. STRATEGIC IMPLICATIONS Mundaring 2026 Strategic Community Plan Strategic Priority 1: Governance Objective one – A fiscally responsible Shire that prioritises spending appropriately Strategy 1.2 – Investigate alternate revenue sources Strategic Priority 2: Community Objective two – Residents of all ages, needs and backgrounds are engage and supported by their community Strategy 2.2.1 – Encourage opportunities for interaction between generations Strategy 2.2.3 – Encourage and promote volunteer and support services Objective three – A strong localised community spirit Strategy 2.3.1 – Provide community venues and facilities for different demographics Objective five – Flourishing local business Strategy 2.5.2 – Encourage the development of new and improved visitor attractions that are consistent with the nature and character of the area The project is also consistent with the Perth Hills Trail Master Plan, the WA Mountain Bike Strategy and the Draft Perth Peel Master Plan. Perth Hills Trail Master Plan References within the plan that the project supports:

Page 16 – A strategic trails overview was undertaken by the Shires of Kalamunda and Mundaring in 2009 for the planning and implementation of trails within the Perth Hills region. Lake Leschenaultia is named as Development Zone C;

Page 34 – the existing trails around Lake Leschenaultia were noted as a local trail in the trails network hierarchy;

Page 49 – Under Key Issues and Opportunities section it was stated that – ‘Upgrading/improving existing trails and areas particularly those outside of PDWSA’s such a John Forrest National Park, Lake Leschenaultia, and walking trails on the western side of the range’ was a high priority;

Page 50 – identified the demand for increased mountain biking opportunities in the region such as improvements at Lake Leschenaultia as a high priority in the plan;

Page 56 – Under Strategy 1 - Focus trail development and enhancement within the Key Trail Activity Areas throughout the Perth Hills notes Lake Leschenaultia trails in one of the Key Trail Activity Areas;

Page 57 – Under actions of the above strategy it states ‘Create shared discipline (walking, off road cycling) Key Trail Activity Areas within Lake


C61 JANUARY 2017

Leschenaultia and around Mundaring Weir with a timeframe of medium of which we are now in;

Page 60 – Under the Strategy – Enhance and continually develop existing popular and sustainable trails, Lake Leschenaultia was identified as a trail with medium usage and rated as average condition; and

Page 61 – Action 3.4 states to upgrade the Lake Leschenaultia Trail in a medium timeframe with high resources.

West Australian Mountain Bike Strategy This Strategy looks to encourage more people, particularly women, into the sport of mountain biking. Lake Leschenaultia has ready access to toilets (and showers), swimming and BBQ facilities and is ideal for beginners and families. With families come more women (mothers, daughters) and beginners, who will likely choose to ride the trails when the whole family visits this venue to ride or enjoy other the many other activities. Draft Perth and Peel Mountain Bike Master Plan 2016-2026 This plan will guide strategic investment in mountain bike development across the Perth and Peel regions to maximise the potential benefits that mountain biking can offer. It provides an opportunity to create a series of diverse and sustainable mountain bike destinations that will foster community participation and strengthen tourism and stakeholder partnerships. It is currently open for public consultation and should be released as a final report in the coming months. It currently lists the Perth Hills as having national significance as a mountain bike precinct and Chidlow as a local significance and development node. Draft Lake Leschenaultia Master Plan 2016 The project is also consistent with the draft plan in that it identifies a location for the pump track and refers to the need for an improved trail network. At its meeting on 13 December 2016 Council resolved to not progress the adoption or implementation of the Master Plan for Lake Leschenaultia (C9.12.16). This project was in train before the Master Plan was presented to Council. Whilst the draft Master Plan was not adopted, this does not preclude capital works occurring at the Lake. Proposed works can still be considered on their own merit. SUSTAINABILITY IMPLICATIONS Social

Provide opportunities for leisure and recreational activities and social interaction.

Improve community health outcomes.

Provide opportunities for ongoing community involvement and ownership. Economy

Maximise income opportunities through grants and volunteering. RISK IMPLICATIONS Reputation – Not Accepting the Grant Should Council not wish to accept the grant from Lotterywest the risk to the reputation of the Shire from Lotterywest and those organisations involved in the


C62 JANUARY 2017

development of the trail concepts and grant application is Medium This risk can be minimised by providing clear reasoning of the decision of Council for its rejection. Physical – Physical Risk of Participants Using Pump Track The risk from using the pump track is Low as it is a low height, low speed track. It will be designed and built by contractors that have experience in these types of tracks and maintained on a regular basis by Shire employees trained in proper maintenance techniques. The risk can be eliminated by not building it. EXTERNAL CONSULTATION A range of groups have been consulted in the development of this project. These include:

Kalamunda Mountain Bike Collective

WA Mountain Bike Association

Westcycle

Lotterywest

Department of Sport and Recreation

Local Government Infrastructure Services. The development of the trail plan and construction of the pump track is supported by major strategic documents that have had extensive public consultation both within and outside the Shire of Mundaring:

Perth Hills Trail Master Plan

West Australian Mountain Bike Strategy

Perth and Peel Mountain Bike Master Plan 2016-2026. COMMENT Lake Leschenaultia and the wider area is an excellent location for mountain bike trails within the Shire of Mundaring. It has a history of established use within the area and has huge potential for the development of high quality beginner and lower level intermediate mountain bike trails, particularly for those new to sport, and for families. Improved mountain bike facilities would also complement the other existing uses in the area, particularly camping, canoe hire and walking. It would increase the appeal of the area as a destination and provide activities that could be accessed by the whole family. Formation of the Project An opportunity was identified by members of the Kalamunda Mountain Bike Collective during an industry day at the Kalamunda Circuit organised by the Department of Sport and Recreation and attended by Shire officers. In their letter of support the Kalamunda Mountain Bike Collective stated (ATTACHMENT 5).

“We believe the area has great potential for providing a superb family and beginner friendly facility, and that will enhance and complement the existing mountain bike trails and off road riding experience in the Perth Hills area. The area both


C63 JANUARY 2017

physically and socially is well suited to beginner type trails and offers the potential to provide for a range and type of trails which are currently vastly undersupplied in the Perth area.”

An experienced member of the Kalamunda Mountain Bike Collective, volunteered to develop a Concept Plan for the Upgrade and Expansion to the Cycle Trails at the Lake Leschenaultia Recreational Area to support the Lotterywest application (ATTACHMENT 6). Landscape architects and urban planners Blackwell and Associates who developed the draft Lake Leschenaultia Master Plan identified an opportunity to increase the trail network beyond the existing fire break roads. They saw the opportunity to extend the attraction the existing trails create and provide another experience to visitors at the lake, value add and complement the existing attractions the lake has to offer. Trail Plan During the development of the cycle trail’s concept plan the following objectives for these trails were developed:

To detail the trail design

Implement 3 to 4 kilometres of trail

Construct a pump track and skills area

Encourage the increased participation of women and beginners in the sport of mountain biking

Provide a location and capacity for events such as adventure races and mountain biking races

Provide a recreation resource for the town site of Chidlow and the Shire of Mundaring residents

Reduce environmental degradation in the adjacent reserves where illegal BMX track work has been undertaken.

According to the concept plan:

“This beginner/lower intermediate level facility would be ideally suited for the area around the lake, as this would likely meet the needs of the predominate (sic) existing users of the lake’s recreational areas. It would also help to fill a shortfall in this level of trail within the general Perth area.”

The trail plan would utilise a looped approach with internal connections to allow for more varied users and to provide greater rider choice and thus longevity to the trail network. The majority of the trail length would be single track trails that would be located approximately 100 metres away from each other. This would represent a small development footprint, and thus have a low environmental impact. The preference of most beginner riders and those entering into the sport of mountain biking is to ride either flat or gently sloping downhill trails to maximise the amount of effort spent climbing.


C64 JANUARY 2017

Should the trail plan be developed the works necessary to construct and maintain them will be listed for consideration in future Corporate Business Plans and external funding opportunities would be sought. Pump Track The majority of the funds from Lotterywest will go towards the design and construction of a pump track. This track is suitable for all levels and ages of riders, and provides a safe environment for learning bike handling skills. A pump track is a small looping trail system of dirt berms and “rollers” (smooth dirt mounds) for bicycling without the rider pedalling. The purpose of a pump track is to use this pumping motion to maintain speed around the track without pedalling.

A pump track builds the skill of riders and is suitable for all ages and abilities and is a great introduction to mountain biking. It is believed this facility will attract riders to Lake Leschenaultia as well as being a popular spot for local riders. It can also be the venue of organised skills sessions as well. The ideal location for a pump track, a little used area below the dam wall, was identified by members of the Kalamunda Mountain Bike Collective and supported during the development of the draft Lake Leschenaultia Master Plan. This location has good passive surveillance, has its own parking area, is well connected to the lake via an existing path, has and electrical supply, BBQ’s and picnic tables. Notwithstanding the facilities available, this area has almost no use as a picnic/barbecue area anymore, predominantly due to the difficulties in maintaining a lawn in this area. Options There are three options that Council could consider in relation to this grant: 1. Not accept the grant. This option is not recommended due to the

reputational risk and the lost opportunity of creating an additional community asset at no capital cost to the Shire.

2. Undertake further community consultation of the pump track and trail plan,

and pending that consultation, accept the grant. This option is not recommended for the following reasons:

There has already been exhaustive public consultation in the development of the major strategic trail planning documents for the area, region and state as detailed in this report;


C65 JANUARY 2017

This is a low level facility that will have minimal direct impact on local residents;

As the project is fully developed and funded there is no opportunity to make alterations to the scope of the project without revisiting the funding agreement which is undesirable at this stage; and

Additional community consultation will create additional expense that will need to be allocated from another project and extend the time to completion.

3. Accept the Lotterywest grant and progress the development of the pump

track and trail plan. This option is recommended because:

It secures $43,600 of external funds for the Shire without a requirement for matching funding;

The pump track provides an additional attraction for Lake Leschenaultia;

It fits well within the existing trail network and surrounding infrastructure.

It fills gap in provision for beginner and intermediate level trails and pump track for mountain bike riders as identified in the major strategic trail planning documents for the area, region and state.

VOTING REQUIREMENT Simple Majority Part 1 Absolute Majority Part 2

RECOMMENDATION

That Council - 1. Accepts the Lotterywest grant for $43,600 towards trail design and

construction of the Lake Leschenaultia Mountain Bike Trail; and 2. Approves, by absolute majority, a variation to the 2016/17 annual budget to:

a) Create an income account to account for the Lotterywest grant of $43,600; and

b) Create an expense account to account for expenditure of $43,600 for the

trail design and construction of the Lake Leschenaultia Mountain Bike Trail.


C66 JANUARY 2017

COUNCIL DECISION C11.01.17 MOTION Moved by Cr Daw Seconded by Cr Clark

That Council -

1. Accepts the Lotterywest grant for $43,600 towards Mountain Bike Trail design and construction of the Lake Leschenaultia Mountain Bike Pump Track;

2. Approves, by absolute majority, a variation to the 2016/17 annual budget to:

a) Create an income account to account for the Lotterywest grant of $43,600; and

b) Create an expense account to account for expenditure of $43,600 for the Mountain Bike Trail design and construction of the Lake Leschenaultia Mountain Bike Pump Track.



Next Report


C67 JANUARY 2017

Attachment 5

Report 10.6

2 pages


C68 JANUARY 2017


C69 JANUARY 2017


C70 JANUARY 2017

Attachment 6

Report 10.6

21 pages

Concept Plan for the Upgrade and Expansion to the Cycle Trails at the Lake Leschenaultia Recreational Area. Ian Humphrey

2

Overview

This document has been compiled to assist in the significant upgrade and

expansion of the existing Lake Leschenaultia Mountain Bike Track, to a high

quality community facility.

The Shire has considered the location of the project proposal and feels it is right

to upgrade and expand the area in the Eastern Region for further Mountain Bike

Trail development. The proposal is consistent with the Perth Hills Trail Master

Plan, the Draft Perth Peel Master Plan and the WA Mountain Bike Strategy as

well its inclusion in the draft Lake Leschenaultia Master Plan.

The Shire is cognisant of legislation that applies with relation to works on Shire

vested land, including risk management, environmental compliance and impact

to the land for which the proposal will occur. The Shire sees this proposal as a

long term development for Lake Leschenaultia and the location of the mountain

bike trails carefully selected based on future activities proposed through the Lake

Leschenaultia Master Plan objectives, topography and environmental assets.

3

Project Objectives and Scope

The objectives of this proposal are:

To detail the trail design

implement 3-4 Km’s of trail,

Construct a pump track and skills area

Encourage the increased participation of women and beginners in the sport of mountain biking

Provide a location and capacity for events such as adventure races and mountain biking races

Provide a recreation resource for the townsite of Chidlow and the Shire of Mundaring residents

Reduce environmental degradation in the adjacent reserves where illegal BMX track work has been undertaken.

The scope and scale of the project includes:

A level of local significance in keeping with the draft Perth Peel Master Plan.

The types of trails proposed are Green (easy) and Blue (intermediate) under the classification system.

Associate Infrastructure with mountain biking such as car parks, toilets, shelters, bbq’s, café are already at the location.

The proposal will be undertaken in stages and should the usage of the trails demonstrate the need, further work may be undertaken in relation to mountain biking in this location.

It is proposed that this project concentrates on recreational usage with opportunities for planned events to utilise some of the entry fees of those events to be put back into the maintenance of the trails through a shire approved process.

The project will increase visitor participation to the area and townsite of Chidlow which will have an increase in the economy of the area as well as providing a positive social experience for visitors.

4

Stakeholder Consultation

Communication has been commenced between the following parties:

Kalamunda Mountain Bike Collective

WA Mountain Bike Association

Westcycle

Lotterywest

Department of Sport and Recreation

Internally within the Shire of Mundaring’s Recreation and Sport Team and Environmental Services Team.

The above communication has provided an informal steering committee which discussed this proposal concept. This has lead to this document being compiled, with further discussions ongoing regarding the design, construction and ongoing maintenance of the trail network.

5

Background

The Lake Leschenaultia recreational area is located off Rosedale Road in

Chidlow, about 45 minutes from Perth by car in the Perth Hills.

It contains a man-made lake constructed c.1897 as key infrastructure for the

Railway. Since 1949 it has been used as a recreation area for both locals,

interstate and overseas visitors. In 2005, Lake Leschenaultia gained a

heritage listing based on the railway history, recreational significance and

other factors.

The recreational area adjoining the lake is managed by the Shire of Mundaring,

and offers a number of attractions, including picnics and camping; physical

activities such as bushwalking, canoeing and swimming; and views of native

flora and fauna, such as bird watching. Facilities provided include a café, kiosk,

toilets, playground, barbecues, picnic areas, grassed areas, camp ground with

camp kitchen and walking and cycling trails. There is currently no entry fee,

however costs apply for camping and canoe hire. There is also a strong social

media presence for the area: https://www.facebook.com/Lake-Leschenaultia-

111255598939824/

6

Existing MTB trail

There is an existing 5km mountain bike trail within the North-West area of the

recreational area, which starts and ends from the car park on the Northern side of

the lake. It is an easy ride which mainly follows fire roads with only

approximately 20% of the trail being the “single-track” type trail, which is

preferred by most riders. There are few hills and no technically difficult

sections, making it suitable for novice mountain bikers.

However this style of trail is outdated and provides limited enjoyment,

particularly in summer when the sections of loose pea gravel make for difficult

riding. This is most likely why the existing trail has low traffic numbers

compared to other MTB trails close to Perth. The existing out and back loop trail

type is also a limiting factor to families and those wanting to try MTB, without

committing to a longer ride. A map of the existing mountain bike trail is below:

7

Initial needs assessment

The area has huge potential for the development of high quality beginner and

lower level intermediate MTB trails, particularly for those new to sport, and for

families. It would be limited in the opportunities to provide higher level

intermediate or advanced trails due to the lack of elevation.

This beginner/lower intermediate level facility would be ideally suited for the

area around the lake, as this would likely meet the needs of the predominate

existing user of the lake reactional area. It would also help to fill a shortfall in

this level of trail within the general Perth area.

An improved MTB facility of this type would also compliment the other existing

uses in the area, particularly camping, canoe hire and walking. It would increase

the appeal of the area as a destination and provide a community resource that

could be utilised by the whole family.

The site would also lend itself to an ideal outdoor adventure venue for events.

The improved facility should be capable of hosting local and possibly state level

events, as to assist both local businesses and possibly fund long term

maintenance of the facility.

8

Documental Support for the Lake Leschenaultia Trail Network

The proposal for additional Mountain Biking trails at Lake Leschenaultia in

Chidlow is supported by the following documents:

Perth Hills Trail Master Plan:

Pge 16 – A strategic trails overview was undertaken by the Shires of Kalamunda and Mundaring in 2009 for the planning and implementation of trails within the Perth Hills region. Lake Leschenaultia is named as Development Zone C.

Page 19 – Railway Reserves Heritage Trail to Lake Leschenaultia Trail Development Plan implemented a trail connection between the Railway Reserve in Mt Helena to the Lake.

Page 34 – the existing trails around Lake Leschenaultia were noted as a local trail in the trails network hierarchy.

Page 41 – The trails around Lake Leschenaultia were listed as having high level of use determined through the research and consultation processes

Page 49 – Under Key Issues and Opportunities section it was stated that – ‘Upgrading/improving existing trails and areas particularly those outside of PDWSA’s such a John Forrest National Park, Lake Leschenaultia, and walking trails on the western side of the range’ was a high priority.

Page 50 – identified the demand for increased mountain biking opportunities in the region such as improvements at Lake Leschenaultia as a high priority in the plan.

Page 56 – Under Strategy 1 - Focus trail development and enhancement within the Key Trail Activity Areas throughout the Perth Hills notes Lake Leschenaultia trails in one of the Key Trail Activity Areas.

Page 57 – Under actions of the above strategy it states ‘Create shared-discipline (walking, off road cycling) Key Trail Activity Areas within Lake Leschenaultia and around Mundaring Weir with a timeframe of medium of which we are now in.

Page 60 – Under the Strategy – Enhance and continually develop existing popular and sustainable trails, Lake Leschenaultia was identified as a trail with medium usage and rated as average condition.

9

Page 61 – Action 3.4 states to upgrade the Lake Leschenaultia Trail in a medium timeframe with high resources.

Draft Perth Peel Master Plan:

This project is ongoing and and is currently in the background analysis phase. A

meeting has been held with the consultants Common Ground (Louise Wallace) to

provide input into the Draft document and highlight the need to include Lake

Leschenaultia in the local trail development in the Eastern Region.

Railway Reserves Heritage Trail to Lake Leschenaultia Trail Development

Plan:

This was completed in May 2011 funding through Trails West Funding Program. A trail link was implemented in 2012 from the Railway Reserve Heritage Trail to Lake Leschenaultia. It forms an important link that is well utilized and will form an integral part of this project.

West Australian Mountain Bike Strategy:

The Strategy (being implemented by Westcycle) looks to encourage more people,

particularly women, into the sport of mountain biking. Lake Leschenaultia has ready

access to toilets (and showers), swimming and BBQ facilities and is idea for

beginners and families. With families come more women (mothers, daughters) and

beginners, who will likely choose to ride the trails when the whole family visits this

venue to ride or enjoy other the many other activities.

10

Proposed improvement rational

The area investigated in detail was the area bounded by the existing MTB trail.

This was to simplify the process, as a trail already exists in the area and thus the

use of the area for mountain biking is already established in principle. A wider

area could be considered and further recommendations are made later on in this

document.

It is suggested that a looped approach still be implemented, however these should

be internally connected as to allow for more varied users and to provide greater

rider choice and thus longevity to the trail network. These single track trails

could be located approximately 100m away from each other and would have a

small development footprint, and thus have a low environmental impact.

The preference of most beginner riders and those entering into the sport of MTB

is to ride either flat or gently sloping downhill trails to maximise the amount of

effort spent climbing. As such a design to maximise the fall across the area has

been recommended. Good MTB network trail design always tries to finish a ride

with a high quality descent, thus ensuring its continued popularity with users.

It is also suggested that a main trail hub (start/finish) be included, along with a

secondary smaller hub within the network. These would be easily identifiable

and in the case of emergencies could be used as evacuation points. As such they

need to be accessible by 4x4 vehicles.

The main trail hub would also be the ideal location for a small skills area or a

pump track. It is suggested therefore that this trail hub be located close to the

11

main recreation area at the lake, as it would encourage greater use and provide

good passive surveillance of public areas.

Lake Leschenaultia has excellent location and access for this proposed activity.

There will be no road crossings and the proposed trails are wholly located on

Shire vested land surrounded by existing fire trails where emergency access is

available.

As such the following concept is suggested (see also Appendix 4:

12

Proposed Trail Construction Standards

WA Mountain Bike Management Guidelines – (Trail Development Process)

The Shire recognises that it’s important to develop the right trails at Lake

Leschenaultia using the right methods and for the right reasons. The Shire will work

with standardised methodology as the Lake Leschenaultia area is mapped as a high

conservation area in the Shire’s Local Biodiversity Strategy. This is where careful

planning and design will lead to minimal disturbance to the environment whilst

providing an enjoyable experience for the mountain biker. The Shire will ensure it

liaises with professionals of trail planning, designing and building experience

through its networks.

All trails will be constructed to the IMBA guidelines and standards as per the WA

Mountain Bike Management Guidelines.

The Site assessment will be undertaken by the Shire’s Environmental Services Team

and Recreation and Leisure Team. This includes the need for Dieback interpretation,

habitat tree assessment, vegetation condition assessment, environmental impacts and

on ground survey of proposed locations of trails. A desktop assessment will also be

undertaken for databases of declared rare flora and threatened fauna.

The target market for the proposal are those mountain bikers new to mountain

biking, those who wish to improve their skill and those looking for fitness and new

places to ride. Given the topography of the land at the location, the style of riding is

more cross country, single track which is already boarded by existing fire trails.

This allows for movement in a singular direction and all trails will be subject to

detailed design to ensure long term sustainability and suitability.

13

Conclusion

The Lake Leschenaultia and wider area is an excellent location for MTB trails

within the Shire of Mundaring. It has a history of established use within the area

and with a minimal development footprint the proposed new trails will have

minimal environmental impact.

The improved MTB facility and connectivity to the existing trail network will

complement the existing uses within the area and help build a stronger

community and visitor resource.

As stated previously further trail design work would be required, and it is

suggested that a staged approach be implemented. There are several existing

funding opportunities to assist with this work along with the actual construction

work, and there are several unique ways already underway in WA to assist with

the longer term maintenance of the network.

If you require any further information or explanation on these suggestions, would

like further advice (including site visits) or would like any further assistance

particularly regarding the design, staging, construction or the ongoing

maintenance (including assisting/training shire workers) please contact me, Ian

Humphrey on 0434945046 or [email protected]

14

Appendix 1

Possible internal loops

Kids loops (in yellow) 1km and 1.5km

Example of longer intermediate/race route (in yellow) of approximately 7.5km.

A total ride of over 10km would be possible with some double use trails.

15

Appendix 2

Pump track

It is suggested that a pump track be provide within the facility, preferably close to

the lake and near (if not at) the trailhead of the proposed MTB trails. Pump tracks are

suitable for all levels and ages of riders, and provide a safe environment for learning

bike handling skills.

The construction of pump tracks is relatively quick and can also work well to help

build a riding community, if volunteers are included and utilised in the finishing

off/final shaping of the track. This also following location is suggested (with site

photos included in appendix 2) as it has good surveillance, is well connected to the

lake via an existing path, already contains BBQ’s and picnic tables etc.

16

Site photos of possible site location for pump track;

17

Appendix 3

Connecting trails

To connect the improved facility into the wider cycling network and to improve

rider take up, some further trail connectors are suggested.

18

It is suggested that the area South of the lake could be suitable for a longer dual

use, cycle skills and trail running trail (approx 3km). This would include

progressive cycling skills along the trail that cyclists could practice on in a safe

environment. The same trail could also be used to incorporate a loop for trail

runners, which is a growing sport in WA. Again this would help widen the

appeal of the area and work in well with the already popular walk/run trail

around the lake.

An alternative smaller MTB only skills loop (approx 1km) could be provided at

the following location:

19

It is suggested that the existing links from the Railway Heritage trail be

formalized and signed as to link into the proposed improved MTB facility at the

lake. These would be ideally marked as dual use, as they would make acceptable

walk tracks. This would include the trail from the lake into Mount Helena, and

from the lake into Chidlow.

This may also include constructing a separate intermediate level MTB only

descent from Chidlow within the Shire managed reserve as indicated. As stated

previously good MTB network trail design always tries to finish a ride with a

high quality descent, thus ensure its continued popularity for riders. This would

also provide an improved link from the Forsyth Mill MTB trail (explained

further below).

20

It is suggested that a link be formally recognized from the Rail Heritage trail

(and thus the lake) to the existing established and popular intermediate level

Forsyth Mill MTB trail (managed by the Department of Parks and Wildlife). This

would likely require consultation with the Department of Water as part of the

area it would traverse would be within Public Drinking Water Catchment Area,

although it could utilize an existing and established fire trail.

21

Appendix 4

Concept plan


C92 JANUARY 2017

10.7 Children’s Services Midvale Hub Parenting Services

File Code CS.CRS 5

Author Lisa Joy, Manager Children’s Services

Senior Employee Megan Griffiths, Director Strategic & Community Services


Nil

SUMMARY On 21 December 2016 the Shire was notified that it was successful in securing $456,000 (ex GST) per annum funding over the period 1 April 2017 to 30 June 2022 (5.25 years) from Department of Local Government and Communities (DLGC) for the provision of Parenting Services – Perth North East. This funding has been offered by DLGC without any cash contribution from the Shire and is not currently included in the Shire’s 2016/17 budget. It is recommended Council accepts the funding and approves a variation to the 2016/17 annual budget in order to accommodate the additional income from the funding and associated expenditure ($114,000 – three months funding) in the current budget. BACKGROUND For over 30 years Shire of Mundaring Children’s Services has been increasing community capacity by providing a range of family support, parenting programs and education opportunities that meet the needs and aspirations of the community. These services have been funded by a mix of fees and external funding from State and Federal sources (that is, not funded by Municipal funding). External sources of funding are constantly changing and are competitively sought after by the community services sector. Shire of Mundaring Children’s Services is considered a leader in the industry and receives significant funding to operate services that empower parents to improve life outcomes for their children. Midvale Hub parenting programs have been funded by Department of Social Services, Communities for Children, Education Department, Department of Prime Minister and Cabinet etc. In order to sustain Midvale Hub’s previously funded parenting programs and add value to the community through our expertise in parenting education, the Midvale Hub was invited by DLGC to apply for a new funding round for Parenting Services – Perth North East. On 21 December 2016 the Shire was offered a 5.25 year Service Agreement for the provision of Parenting Services – Perth North East. Funding periods are usually only for 1, 2 or 3 years so this agreement provides guaranteed funding for 5.25 years and represents over $2,394,000 for Children’s Services Midvale Hub.


C93 JANUARY 2017

STATUTORY / LEGAL IMPLICATIONS As the funding is not currently listed in the 2016/17 budget Council is required to approve by absolute majority a variation to the 2016/17 annual budget in order to accommodate the additional $114,000 income (three months funding from 1 April to 30 June 2017) and the $114,000 to be expended on the Parenting Services program during that period. Future Children’s Services budgets will incorporate the annual funding of $456,000 and associated expenditure. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Funding opportunities are announced with short notice and short application periods. In the case of this DLGC request to provide Parenting Services the time frame was six weeks, closing 27 October 2016. Hence, this project was not part of the Corporate Business Plan. Previous Communities for Children funding rounds for Children’s Services parenting programs ceased at the end of 2014 and 2015. Department of Education funding for Children’s Services Inclusion Support ceased on 30 June 2016. This DLGC funding will assist with Children’s Services ongoing service provision and sustainability in a changing funding landscape. The financial implications for the Shire will be nil as the Parenting Services will be fully funded by DLGC . Total cost recovery for any Shire services will be ensured through a governance allocation from Children’s Services. STRATEGIC IMPLICATIONS Mundaring 2026 Strategic Community Plan Strategic Priority 1: Governance Objective One – A fiscally responsible Shire that prioritises spending appropriately Strategy 1.1.2 – Investigate alternate revenue sources Strategic Priority 2: Community Objective Two – Residents of all ages, needs and backgrounds are engaged and supported by their community Strategy 2.2.1 – Encourage opportunities for interaction between generations Strategy 2.2.2 – Facilitate awareness of people with vulnerabilities and promote opportunities to support those who need it Strategy 2.2.3 – Encourage and promote volunteer and support services Objective Three – A strong localised community spirit


C94 JANUARY 2017

Strategy 2.3.1 – Provide community venues and facilities for different demographics Strategy 2.3.3 – Explore local sharing initiatives SUSTAINABILITY IMPLICATIONS Social

Provide ongoing opportunities for parenting education to create a resilient, supportive and inclusive community.

Ensure improved life outcomes through investment in parents and children.

Economic

Maximise income opportunities through grants and volunteering. RISK IMPLICATIONS Reputation – Not Accepting the Funding Should Council not wish to accept the funding from DLGC the risk to the reputation of the Shire from DLGC and those families who will benefit from Parenting Services is Low. This risk can be eliminated by accepting the funding. Financial - Not Accepting the Grant Should Council not wish to accept the funding from DLGC, the financial risk relating to forgoing the income is Medium because the funding replaces previous funding and is required for sustainability of service provision. This risk can be eliminated by accepting the funding. EXTERNAL CONSULTATION Shire of Mundaring Children’s Services was approached by DLGC to attend a forum of peak bodies to share expertise and develop the draft concept for Parenting Services to be funded by DLGC to ensure the following outcomes: Parents and caregivers of children and young people have the skills, knowledge and confidence to nurture the wellbeing and development of their children. The Manager Children’s Services and Midvale Hub Coordinator attended the forum and provided advice regarding the draft program outline. Children’s Services Midvale Hub is recognised by DLGC as an innovative industry leader with proven success in supporting parents to improve life outcomes for their children. COMMENT The funding will be utilised to deliver evidence-based parenting programs, run parenting groups and workshops, and provide parenting focussed events and individual parent support. The funding is designed to deliver universal services but with an emphasis on assisting marginal groups such as young parents, fathers, Aboriginal caregivers and culturally and linguistically diverse parents.


C95 JANUARY 2017

As part of the funding, an additional 2.5 Full Time Equivalent staff will be engaged for the life of the funding agreement. Options There are two options for Council to consider in relation to this funding: 1. Not accept the Funding. This option is not recommended due to the

reputational risk and the lost opportunity of providing much needed parenting services for the community at no cost to the Shire.

2. Accept the Department of Local Government and Communities funding to

secure service delivery and sustainability for Midvale Hub Parenting Services over the next five years. This option is recommended because:

It secures $456,000 of external funds for the Shire without a requirement for matching funding.

VOTING REQUIREMENT Simple Majority for Recommendation 1 Absolute Majority for Recommendation 2

COUNCIL DECISION C12.01.17 RECOMMENDATION Moved by Cr Clark Seconded by Cr Brennan

That Council - 1. Accepts the Department of Local Government and Communities funding of

$456,000 per annum for the period 1 April 2017 to 30 June 2022 for Parenting Services Perth – North East;

2. Approves, by absolute majority, a variation to the 2016/17 annual budget to:

a) Create an income account for the Department of Local Government and

Communities funding from 1 April 2017 ($114,000 for the commencement of Parenting Services in 2016/17); and

b) Create expense accounts for expenditure of funding from 1 April 2017 ($114,000 for the commencement of Parenting Services in 2016/17).



Next Report


C96 JANUARY 2017

10.8 Payment between Meetings – November 2016

File Code FI.RPT 1

Authors Mia Miller, Finance Officer (Accounts Payable)

Senior Employee Paul O’Connor, Director Corporate Services


Nil

SUMMARY A list of accounts paid from the Municipal Fund or Trust Fund under the Chief Executive Officer’s delegated authority for the month of November 2016 is presented to Council to note. BACKGROUND Council has delegated to the Chief Executive Officer (CEO) the exercise of its power to make payments from the Shire’s Municipal and Trust Funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, a list of accounts paid is to be presented to Council and be recorded in the minutes of the meeting at which the list was presented. STATUTORY / LEGAL IMPLICATIONS Regulation 13 of the Local Government (Financial Management) Regulations 1996 states – (1) If the local government has delegated to the CEO the exercise of its power

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

(a) the payee’s name;

(b) the amount of the payment;

(c) the date of the payment; and

(d) sufficient information to identify the transaction

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

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

(b) recorded in the minutes of that meeting


C97 JANUARY 2017

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


C98 JANUARY 2017

VOTING REQUIREMENT Simple Majority

COUNCIL DECISION C13.01.17 RECOMMENDATION Moved by Cr Bertola Seconded by Cr Clark

That Council notes the payments made between 1 and 30 November 2016 included as ATTACHMENT 7 and ATTACHMENT 8.

CARRIED 12/0


Next Report


C99 JANUARY 2017

Attachment 7

Report 10.8

2 pages


C100 JANUARY 2017

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

CERTIFICATION

The attached schedule of accounts paid is for the period 1 – 30 November 2016 totalling $4,867,878.25 be received by Council covers:

Municipal Cheques 110750 - 110776;

Electronic Funds Transfer (Payroll, Purchase Cards, Fleetcare payments etc); and

Trust Fund Vouchers 9301554 – 9301582

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

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

DIRECTOR CORPORATE SERVICES


C101 JANUARY 2017

Schedule of Accounts: Amounts Total $ $

MUNICIPAL ACCOUNT

MUNICIPAL CHEQUE PAYMENTS (Schedule 1 - Page 3) 103,705.11 EFT PAYMENTS (Schedule 2 - Page 47) 3,304,318.89 EFT PAYROLL PAYMENTS (Schedule 2 - Page 50) 1,342,424.36 NATIONAL AUSTRALIA BANK (NAB PURCHASE CARD) (Schedule 2 – Total - Page 51); and (Schedule 3 – Details - Pages 1-7)

44,866.65

FLEETCARE PAYMENTS (Schedule 2 - Page 51) 3,657.11 COMMONWEALTH BANK BPOINT FEES (Schedule 2 - Page 51)

1,308.91

WESTPAC BANK FEES (Schedule 2 - Page 51) 2,561.55 WESTPAC BANK FEES TRUST (Schedule 2 - Page 51) 26.00 BENDIGO BANK FEES (Schedule 2 - Page 51) 1,141.59 HP FINANCIAL SERVICES (Schedule 2 - Page 51) 15,950.00 KONICA MINOLTA – EQUIPMENT LEASE (Schedule 2 - Page 51)

2,849.07

PUMA FUEL (Schedule 2 – Page 51) 891.32 TOTAL MUNICIPAL ACCOUNT $4,823,700.56

TRUST ACCOUNT (Schedule 3 – Page 50) $44,177.69

RESERVE ACCOUNT Nil

TOTAL ALL SCHEDULES $4,867,878.25


C102 JANUARY 2017

Attachment 8

Report 10.8

58 pages


C161 JANUARY 2017

10.9 Statement of Financial Activity – November 2016

File Code: FI.RPA

Author Stanislav Kocian, Manager Finance & Governance

Senior Employee Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY

The monthly financial statements disclose the Shire’s financial position as at 30 November 2016. The closing budget position as at 30 November 2016 is a surplus of $24,282,395 compared to a budget year to date surplus of $16,738,960 and year end surplus of $1,439,706 as per the original budget adopted by Council (DSC5.07.16). BACKGROUND

The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within two months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS

Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Financial implications are in accordance with the approved reporting material variances (C20.06.16) of:

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


C162 JANUARY 2017

within the monthly Statement of Financial Activity during the 2016/17 financial year. STRATEGIC IMPLICATIONS Supports Strategic Community Plan 2026: • Strategic Theme 1.1.1 - Prudently consider resource allocation SUSTAINABILITY IMPLICATIONS: Nil

RISK IMPLICATIONS The monthly financial report tracks the Shire’s actual financial performance against its budgeted financial performance to ensure that the Council is able to monitor to Shire’s financial performance throughout the financial year. EXTERNAL CONSULTATION Nil COMMENT A number of reports to this item are as follows (Refer ATTACHMENT 9):

Statement of Financial Activity (based on the Rate Setting Statement adopted in the annual budget) for the period ending 30 November 2016

The closing budget position for the period ending 30 November 2016 and comparison to the year to date budget and same period last year

Year to date comparison to budget for operating revenue, operating expenses and capital expenses

An explanation of the material variances in the Statement of Financial Activity

Directorate Financial Reports for the period ending 30 November 2016

Summary of Cash Investments with financial institutions as at 30 November 2016.

In relation to the material variances timing differences are due to the monthly spread of the budget cash flow variances. That is, revenue and expenses are estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some revenue and expenses being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Timing differences will not result in a forecast adjustment as the expenditure or revenue item will still be captured in the financial year in question. Where the material variance is flagged as “permanent” this indicates that a forecast adjustment to the annual budget is required or has been made.


C163 JANUARY 2017

The Shire has a surplus of $24,282,395 as at 30 November 2016, compared to the year to date budget of $16,738,960. The cash balance in the Municipal Fund is $17,671,127. The total cash balance of the Reserve Funds is $23,879,649.

VOTING REQUIREMENT Simple Majority

COUNCIL DECISION C14.01.17 RECOMMENDATION Moved by Cr Clark Seconded by Cr Martin

That Council notes: 1. the closing position of the Shire for the period ending 30 November 2016 is a

surplus of $24,282,395 compared to the year to date budgeted surplus of $16,738,960; and

2. the explanation of material variances in the Statement of Financial Activity

contained in ATTACHMENT 9 .

CARRIED 12/0


Next Report


C164 JANUARY 2017

Attachment 9

Report 10.9

14 pages

Shire of Mundaring

Statement of Financial Activity

for period ending 30 November 2016

2016/17 2016/17 2016/17 YTD YTD

YTD Budget YTD Actuals BUDGET Variance Variance

$ $ $ $ %

Opening Funding Surplus/(Deficit) 3,298,762 6,144,334 3,298,762

Revenue from operating activities

General Purpose Funding - Rates 26,314,031 25,438,777 26,259,031 (875,254) -3.3%

General Purpose Funding - Other 1,854,930 1,463,496 3,913,152 (391,434) -21.1%

Governance 49,795 116,197 91,500 66,402 133.4%

Law, Order & Public Safety 198,835 245,399 477,200 46,564 23.4%

Health 23,205 43,777 55,700 20,572 88.7%

Education & Welfare 1,899,758 2,129,386 4,541,318 229,628 12.1%

Community Amenities 7,489,858 7,565,766 7,744,284 75,908 1.0%

Recreation and Culture 433,512 366,646 1,169,180 (66,866) -15.4%

Transport 21,560 96,824 203,000 75,264 349.1%

Economic Services 152,500 151,567 298,625 (933) -0.6%

Other Property and Services 783,695 723,621 1,874,868 (60,074) -7.7%

Total 39,221,679 38,341,455 46,627,858

Expenditure from operating activities

General Purpose Funding (290,420) (280,605) (655,034) (9,815) 3.4%

Governance (2,684,723) (2,256,620) (5,907,314) (428,103) 15.9%

Law, Order & Public Safety (1,022,389) (1,079,576) (2,394,299) 57,187 -5.6%

Health (333,136) (262,350) (785,579) (70,786) 21.2%

Education & Welfare (3,206,684) (3,295,312) (7,226,524) 88,628 -2.8%

Community Amenities (3,956,140) (3,819,167) (9,489,766) (136,973) 3.5%

Recreation and Culture (4,454,176) (4,369,221) (10,896,911) (84,955) 1.9%

Transport (3,851,277) (4,524,758) (9,607,430) 673,481 -17.5%

Economic Services (335,192) (342,177) (796,591) 6,985 -2.1%

Other Property and Services (1,320,435) (702,304) (3,075,010) (618,131) 46.8%

Total (21,454,572) (20,932,091) (50,834,458)

Operating activities excluded from rate setting

Depreciation on Assets 3,109,330 2,994,965 7,462,491 114,365 3.7%

(Profit)/Loss on Disposal of Assets 47,605 71,850 114,255 (24,245) -50.9%

Deferred Rates Adjustment 0 15,080 - (15,080) 0.0%

Amount attributable to operating activities 20,924,042 20,491,259 3,370,146

Investing Activities

Proceeds from Disposal of Assets - 242,694 517,846 242,694 0.0%

Grants and Contributions 1,660,825 1,060,384 4,920,919 (600,441) -36.2%

Purchase Property, Plant & Equipment (7,531,593) (3,798,386) (16,753,361) (3,733,207) 49.6%

Purchase Infrastructure (1,676,234) (2,396,696) (6,427,670) 720,462 -43.0%

Amount attributable to investing activities (7,547,002) (4,892,003) (17,742,266)

Financing Actvities

Proceeds from New Debentures - - - - 0.0%

Repayment of Debentures (219,590) (226,138) (527,018) 6,548 -3.0%

Transfers from Reserves 657,328 2,796,739 15,258,082 2,139,411 325.5%

Transfers to Reserves (374,580) (31,796) (2,218,000) (342,784) 91.5%

Amount attributable to financing activities 63,158 2,538,806 12,513,064

Closing Funding Surplus/(Deficit) 16,738,960 24,282,395 1,439,706

CURRENT ASSETS

Rates & Sanitation Debtors 10,543,634 12,302,245

Debtors 182,047 550,188

TOTAL RECEIVABLES - CURRENT 10,725,681 12,852,433

STOCK ON HAND 210,014 84,739

CASH ASSETS

Municipal 22,028,040 17,671,127

Restricted Cash 12,488,471 23,879,649

Total Bank Accounts 34,516,511 41,550,777

TOTAL CURRENT ASSETS 45,452,206 54,487,948

CURRENT LIABILITIES

Creditors (2,832,521) (3,132,355)

Borrowings - Current Portion (213,366) (550,311)

Provisions (2,982,916) (3,193,548)

(6,028,802) (6,876,214)

NET CURRENT ASSETS 39,423,404 47,611,734

Less Reserve Funds (12,488,471) (23,879,649)

Less Land Held for Resale (116,195) 0

Add Current Loan Liability 213,366 550,311

CLOSING BUDGET SURPLUS/(DEFICIT) 27,032,104 24,282,395

Actual 30 November 2016 Actual 30 November 2015

NET CURRENT ASSETS- BUDGET SURPLUS/(DEFICIT)

Explanation of Material Variances

The material variance thresholds are adopted annually by Council as an indicator of whether the actual expenditure or

revenue varies from the year to date budget materially.

The material variance for revenue adopted by Council for the 2016/17 year is $50,000 or 10% whichever is the greater.

The material variance for expenses adopted by Council for the 2016/17 year is $100,000 or 10% whichever is the greater.

Reporting Program Var. $ Var. % Timing/

Permanent Explanation of Variance

Revenue from operating activities

General Purpose Funding -Rates (875,254) (3%) Timing Impact of rates of $876,734.79 received in

advance as at 30/6/2016. Impact will self

adjust 30/6/2017.

General Purpose Funding - Other (391,434) (21%) Permanent Timing difference of $364,740 for interest

on investments - will self correct as

investments mature and interest earned is

accounted for. Permanent - General

Purpose Grant allocation for 2016/17 has

been reduced by $220,000. This will be a

forecast adjustment in the mid-year budget

review.

Governance 66,402 133% Permanent Refund from LGIS of $70,501 compared

to budget of $20,000. This will be a

forecast adjustment in the mid-year budget

review.

Law, Order & Public Safety 46,564 23% Timing Income from dog registrations - YTD

Budget $39,585 compared to YTD Actual

$87,173.

Health 20,572 89% Timing Health fees and charges greater than YTD

budget

Education & Welfare 229,628 12% Timing Family Day Care grant and subsidy income

greater than YTD budget - impact

$223,674.

Community Amenities 75,908 1% Permanent Waste charges greater than forecast in

budget by $69,792. This will be a forecast

adjustment in the mid-year budget review.

YTD planning fees $26,833 greater than

YTD budget.

Recreation and Culture (66,866) (15%) Timing Timing - actual income from Lake

Leschenaultia is $26,935 less than YTD

budget. Income from both aquatic centres

is $37,285 less than YTD budget.

Transport 75,264 349% Permanent Reimbursement of staff wages for 2 staff

members seconded to assist with Yarloop

fire clean-up. Reimbursement not included

in budget. Impact - $112,926. This will be

a forecast adjustment in the mid-year

budget review.

Economic Services (933) (1%) Within Variance threshold

Other Property and Services (60,074) (8%) Timing Plant Recovery Income $28,867 less than

YTD budget.

Expenditure from operating activities

General Purpose Funding (9,815) 1% Within Variance threshold

Governance (428,103) 12% Timing IT expenses less than YTD budget -

impact $296,125. No savings identified.

Law, Order & Public Safety 57,187 (3%) Within Variance threshold

Health (70,786) 18% Timing Various expenses less than YTD budget.

No savings identified.

Education & Welfare 88,628 3% Within Variance threshold

Community Amenities (136,973) 1% Timing Waste Mangement Operating Costs

$89,605 less than YTD budget. No savings

identified.

Recreation and Culture (84,955) 1% Within Variance threshold

Transport 673,481 (18%) Timing YTD drainage maintenance expenses


$192,090. YTD street sweeping expenses


$78,196. YTD gravel roads maintenance

expenses greater than YTD budget -

impact $102,880. YTD Street trees

maintenance expenses greater than YTD

budget - impact $53,188.

Economic Services 6,985 (1%) Within Variance threshold

Other Property and Services (618,131) 63% Timing Pre-allocation of $558,725 in infrastructure

overheads.

Operating activities excluded from rate setting

Depreciation on Assets 114,365 4% Permanent

Depreciation on furniture and equipment is

$101,183 less than YTD budget. Impact of

revised Fair Value (valuation decrement)

as at 30 June 2016 for these assets.

(Profit)/Loss on Disposal of Assets (24,245) (51%) Timing

YTD losses on disposal of assets greater

than TYD budget.

Investing Activities

Proceeds from Disposal of Assets 242,694 0% Timing Trade-in income for plant and vehicle

replacement occurred earlier than

budgeted for in YTD budgets

Grants and Contributions (600,441) (3%) Timing Mundaring Recreation Centre grant

received less than YTD Budget - impact

$750,000.

Purchase Property, Plant & Equipment (3,733,207) 325% Timing Mundaring Recreation Centre - YTD actual

is $4,546,158 less than YTD budget.

Purchase Infrastructure 720,462 92% Timing Impact of works carried over from

previous financial year.

Financing Actvities

Repayment of Debentures 6,548 (3%) Within Variance threshold

Transfers from Reserves 2,139,411 325% Timing Timing of transfers from reserves.

Transfers to Reserves (342,784) 92% Timing Timing of transfers to reserves.

Shire of Mundaring

Directorate Summary Report for the year to date 30 November 2016

YTD Actual YTD Budget YTD Variance $

Current year

Budget

Forecast

Change

(Variance)

End of year

Forecast

Strategic & Community Services

Revenue $2,664,208 $2,773,013 ($108,805) $6,430,731 $91,689 $6,522,420

Expenditure ($6,133,654) ($6,166,263) $32,609 ($14,231,166) $74,825 ($14,156,341)

Total ($3,469,446) ($3,393,250) ($76,196) ($7,800,435) $166,514 ($7,633,921)

Office of Chief Executive & Corporate

Services

Revenue $26,801,945 $28,172,241 ($1,370,296) $31,756,396 $776,002 $32,532,398

Expenditure ($3,258,134) ($3,903,358) $645,224 ($10,342,756) ($980,324) ($11,323,080)

Total $23,543,811 $24,268,883 ($725,072) $21,413,640 ($204,322) $21,209,318

Infrastructure Services

Revenue $12,347,638 $10,077,338 $2,270,300 $27,981,339 $1,151,007 $29,132,346

Expenditure ($15,819,838) ($18,992,142) $3,172,304 ($46,875,618) ($2,881,753) ($49,757,371)

Total ($3,472,200) ($8,914,804) $5,442,604 ($18,894,279) ($1,730,746) ($20,625,025)

Statutory Services

Revenue $627,482 $517,240 $110,242 $1,173,984 ($13,779) $1,160,205

Expenditure ($2,173,480) ($2,194,801) $21,321 ($5,196,712) ($82,040) ($5,278,752)

Total ($1,545,998) ($1,677,561) $131,562 ($4,022,728) ($95,819) ($4,118,547)

Total Shire of Mundaring

Revenue $42,441,272 $41,539,832 $901,440 $67,342,450 $2,004,919 $69,347,369

Expenditure ($27,385,106) ($31,256,564) $3,871,458 ($76,646,252) ($3,869,292) ($80,515,544)

Net Income $15,056,167 $10,283,268 $4,772,899 ($9,303,802) ($1,864,373) ($11,168,175)

Shire of MundaringStrategic and Community Services

Period ending 30 November 2016

Responsible Officer YTD Actuals

YTD

Budgets

Y T D

Variance

Current

Year Budget

Budget

Adjustment Forecast

Expenditure

AFM Branch Librarian (327,337) (328,835) 1,498 (780,126) 2,089 (778,037)

Bilgoman Aquatic Centre Manager (433,153) (495,095) 61,942 (1,195,603) 15,074 (1,180,529)

Brown Park Manager (213,345) (201,145) (12,200) (473,360) (7,417) (480,777)

Community Facilities Coordinator (405,715) (423,260) 17,545 (1,015,855) 21,000 (994,855)

Community Playgroups (58,567) (62,615) 4,048 (150,272) 322 (149,950)

Coordinator Lake Leschenaultia (255,729) (353,643) 97,914 (732,267) (32,517) (764,784)

Director Strategic & Community Services (587,665) (642,157) 54,492 (1,526,573) 72,215 (1,454,358)

Eastern Region Family Day Care Scheme (859,538) (576,024) (283,514) (1,379,505) (47) (1,379,552)

Inclusion Support Agency (3,555) (241,200) 237,645 (241,200) 0 (241,200)

Indigenous Advancement Strategy - CSS (100,800) (123,493) 22,693 (291,300) 1,000 (290,300)

KSP Branch Librarian (334,025) (344,195) 10,170 (817,948) 207 (817,741)

Manager Libraries & Community Engagement (605,381) (527,439) (77,942) (1,268,940) 3,134 (1,265,806)

Manager Recreation and Leisure Services (376,296) (375,151) (1,145) (889,826) (520) (890,346)

Maternal & Infant Health (15,555) (15,555) 0 (37,332) 0 (37,332)

Midvale Early Childhood & Parenting Centre (961,982) (716,804) (245,178) (1,703,882) (217) (1,704,099)

Midvale Playgroup & Toy Library 0 (591) 591 (591) 591 0

Mt Helena Aquatic & Recreation Centre Manager (168,936) (137,861) (31,075) (335,161) (28) (335,189)

Swan Child and Parent Centre - Middle Swan (146,977) (210,966) 63,989 (502,693) (24) (502,717)

Swan Children and Family Centre - Clayton View (236,911) (351,134) 114,223 (849,632) (37) (849,669)

Toy Library Coordinator (42,186) (39,100) (3,086) (39,100) 0 (39,100)

Expenditure Total (6,133,654) (6,166,263) 32,609 (14,231,166) 74,825 (14,156,341)

Revenue

AFM Branch Librarian 10,623 7,060 3,563 16,950 7,377 24,327

Bilgoman Aquatic Centre Manager 100,258 119,360 (19,102) 417,760 20,000 437,760

Brown Park Manager 47,468 38,290 9,178 91,900 0 91,900

Community Facilities Coordinator 56,281 53,050 3,231 127,300 4,000 131,300

Coordinator Lake Leschenaultia 123,065 150,000 (26,935) 360,000 2,000 362,000

Eastern Region Family Day Care Scheme 815,684 589,575 226,109 1,415,000 20,939 1,435,939

Inclusion Support Agency 0 241,200 (241,200) 241,200 (1,200) 240,000

Indigenous Advancement Strategy - CSS 150,000 125,000 25,000 300,000 0 300,000

KSP Branch Librarian 5,066 6,505 (1,439) 15,613 0 15,613

Manager Libraries & Community Engagement 77,049 58,133 18,916 121,388 573 121,961

Manager Recreation and Leisure Services 47,514 39,495 8,019 94,800 38,000 132,800

Midvale Early Childhood & Parenting Centre 809,688 725,540 84,148 1,741,300 0 1,741,300

Mt Helena Aquatic & Recreation Centre Manager 7,225 26,960 (19,735) 64,690 0 64,690

Swan Child and Parent Centre - Middle Swan 235,510 226,970 8,540 544,730 0 544,730

Swan Children and Family Centre - Clayton View 175,667 365,875 (190,208) 878,100 0 878,100

Toy Library Coordinator 3,110 0 3,110 0 0 0

Revenue Total 2,664,208 2,773,013 (108,805) 6,430,731 91,689 6,522,420

Net Income (3,469,446) (3,393,250) (76,196) (7,800,435) 166,514 (7,633,921)

Shire of MundaringOffice of Chief Executive and Corporate Services


Responsible Officer YTD Actuals YTD Budgets Y T D Variance

Current Year

Budget

Budget

Adjustment Forecast

Expenditure

Allocations Office Vehicles (131,772) (134,405) 2,633 (322,545) 0 (322,545)

Allocations Ranger Vehicles (32,622) (30,730) (1,892) (73,750) 0 (73,750)

Chief Executive Officer (209,243) (214,625) 5,382 (512,136) (149) (512,285)

Director Corporate Services (83,577) (476,460) 392,883 (1,628,901) (1,000,017) (2,628,918)

Governance and Risk (23,376) (13,800) (9,576) (33,055) (21,758) (54,813)

Human Resource Manager (227,093) (271,276) 44,183 (631,389) 34,450 (596,939)

Manager Finance and Governance (1,898,555) (1,814,199) (84,356) (4,870,527) 30,337 (4,840,190)

Manager Information Systems (651,897) (947,863) 295,966 (2,270,453) (23,187) (2,293,640)

Expenditure Total (3,258,134) (3,903,358) 645,224 (10,342,756) (980,324) (11,323,080)

Revenue

Allocations Office Vehicles 164,394 165,120 (726) 396,295 0 396,295

Chief Executive Officer 8,418 0 8,418 0 33,782 33,782

Director Corporate Services 880,135 1,381,165 (501,030) 3,663,080 780,000 4,443,080

Governance and Risk 69,875 22,920 46,955 27,000 34,447 61,447

Human Resource Manager 0 0 0 0 12,380 12,380

Manager Finance and Governance 25,750,973 26,650,641 (899,668) 27,574,276 72,288 27,646,564

Manager Information Systems 0 0 0 210,000 43,105 253,105

Profit and Loss on sale of Assets (71,850) (47,605) (24,245) (114,255) (200,000) (314,255)

Revenue Total 26,801,945 28,172,241 (1,370,296) 31,756,396 776,002 32,532,398

Net Income 23,543,811 24,268,883 (725,072) 21,413,640 (204,322) 21,209,318

Shire of MundaringInfrastructure Services


Responsible Officer YTD Actuals YTD Budgets

YTD

Variance

Current

Year Budget

Budget

Adjustment Forecast

Expenditure

Construction Supervisor (975,545) (344,250) (631,295) (3,506,685) (884,000) (4,390,685)

Coordinator Civil Works (977,661) (990,304) 12,643 (1,128,967) (390,000) (1,518,967)

Coordinator Parks Services (1,999,960) (1,709,454) (290,506) (4,241,552) (460,950) (4,702,502)

Coordinator Plant and Depot Services (1,250,249) (689,545) (560,704) (3,158,468) (175,841) (3,334,309)

Director Infrastructure Services (1,855,143) (1,919,471) 64,328 (4,556,429) (50,429) (4,606,858)

Engineering Technical Officer - Civil (256,069) (234,995) (21,074) (806,500) (60,000) (866,500)

Maintenance Supervisor (1,228,724) (817,645) (411,079) (1,962,350) 0 (1,962,350)

Manager Building Assets (4,045,929) (8,339,892) 4,293,963 (17,140,271) (704,676) (17,844,947)

Manager Design Service 558,155 64,064 494,091 114,623 59 114,682

Manager Operations Service (501,934) (614,950) 113,016 (1,426,930) 4,084 (1,422,846)

Supervisor Environment and Horticulture (92,250) (72,110) (20,140) (262,980) (90,000) (352,980)

Waste & Recycling Coordinator (2,917,481) (3,003,550) 86,069 (7,208,561) (30,000) (7,238,561)

Works Supervisor (277,049) (320,040) 42,991 (1,590,548) (40,000) (1,630,548)

Expenditure Total (15,819,838) (18,992,142) 3,172,304 (46,875,618) (2,881,753) (49,757,371)

Revenue

Coordinator Civil Works 93,349 0 93,349 0 93,349 93,349

Coordinator Parks Services 0 30,000 (30,000) 72,000 136,750 208,750

Coordinator Plant and Depot Services 602,788 388,235 214,553 2,415,109 79,091 2,494,200

Director Infrastructure Services 1,605,122 1,453,600 151,522 15,295,366 341,817 15,637,183

Engineering Technical Officer - Civil 8,386 3,330 5,056 45,000 0 45,000

Maintenance Supervisor 1,109 415 694 1,000 0 1,000

Manager Building Assets 2,615,658 750,000 1,865,658 2,500,000 500,000 3,000,000

Manager Design Service 0 0 0 0 0 0

Manager Operations Service 3,419 103,745 (100,326) 249,000 0 249,000

Waste & Recycling Coordinator 7,417,805 7,348,013 69,792 7,403,864 0 7,403,864

Revenue Total 12,347,638 10,077,338 2,270,300 27,981,339 1,151,007 29,132,346

Net Income (3,472,200) (8,914,804) 5,442,604 (18,894,279) (1,730,746) (20,625,025)

Shire of MundaringStatutory Services


Responsible Officer YTD Actuals

YTD

Budgets

YTD

Variance

Current

Year Budget

Budget

Adjustment Forecast

Expenditure

Coordinator Environment and Sustainability (211,226) (273,714) 62,488 (652,136) (90,082) (742,218)

Director Statutory Services (56,595) (56,622) 27 (135,417) (2,448) (137,865)

Manager Building & Health Service (449,003) (492,174) 43,171 (1,174,565) 130 (1,174,435)

Manager Community Safety & Emergency Management (1,014,161) (925,772) (88,389) (2,169,040) 10,263 (2,158,777)

Manager Planning (442,495) (446,519) 4,024 (1,065,554) 97 (1,065,457)

Expenditure Total (2,173,480) (2,194,801) 21,321 (5,196,712) (82,040) (5,278,752)

Revenue

Coordinator Environment and Sustainability 3,300 1,640 1,660 3,934 (11,921) (7,987)

Manager Building & Health Service 199,494 179,660 19,834 363,816 (1,858) 361,958

Manager Community Safety & Emergency Management 262,850 198,140 64,710 475,527 0 475,527

Manager Planning 161,838 137,800 24,038 330,707 0 330,707

Revenue Total 627,482 517,240 110,242 1,173,984 (13,779) 1,160,205

Net Income (1,545,998) (1,677,561) 131,563 (4,022,728) (95,819) (4,118,547)

Amount Invested Interest

Rate

Period of

Investment

Investment Date Maturity

Date

Unrestricted Use Funds

71 Westpac Maxi (on Call) $202,087 1.30% N/A N/A N/A

1Bendigo Investment

Account (on Call)$6,500,000 1.30% N/A N/A N/A

122 Westpac $2,059,162 2.85% 122 days 17-Aug-16 17-Dec-16

129 NAB $2,500,000 2.62% 150 days 23-Sep-16 20-Feb-17

130 Westpac $2,500,000 2.68% 91 days 23-Sep-16 23-Dec-16

131 AMP $3,000,000 2.65% 122 days 23-Sep-16 23-Jan-17

Total $16,761,248

2Bendigo Investment

Account (on Call) 2,982,501 1.30% N/A N/A N/A

60A Bendigo 1,381,657 2.90% 365 days 22-Sep-16 22-Sep-17

97 NAB 4,290,054 2.98% 181 days 7-Jun-16 5-Dec-16

107 ANZ 2,330,349 2.75% 182 days 28-Jul-16 28-Jan-17

108 ANZ 1,737,496 2.85% 91 days 16-Jul-16 16-Jan-17

126 BankWest 3,043,289 2.50% 122 days 27-Sep-16 27-Jan-17

127 NAB 3,542,432 2.80% 364 days 14-Oct-16 13-Oct-17

128 Westpac 4,531,192 2.85% 122 days 17-Aug-16 17-Dec-16

Total 23,838,970

$40,600,218

Road Construction/POS Funds

3Bendigo Investment

Account (on Call)$1,484,835 1.30% N/A N/A N/A

58 BankWest $1,402,310 2.60% 180 days 4-Aug-16 31-Jan-17

98 BankWest $1,231,614 2.55% 183 days 28-Nov-16 30-May-17

99 BankWest $1,225,991 2.50% 91 days 27-Sep-16 27-Dec-16

$5,344,751

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 30 November 2016

MUNICIPAL FUNDS

RESERVE FUNDS


C179 JANUARY 2017

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN Nil 12.0 URGENT BUSINESS (LATE REPORTS) Nil

13.0 CONFIDENTIAL REPORTS

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

The next Ordinary Council meeting will be held on Tuesday 14 February 2017 at 6.30pm in the Council Chamber.

14.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 8.58pm.

unconfirmed minutes ordinary council meeting ......24.01.2017 council meeting unconfirmed minutes c6...

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