Ordinary Council Meeting Agenda

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					Shire of Kalamunda

    Ordinary Council Meeting
            Agenda

          Monday 21 December 2009

                           CONTENTS

Agenda for Ordinary Council Meeting             21 December 2009

Minutes of Ordinary Council Meeting             16 November 2009

Minutes of Special Council Meeting              30 November 2009

Report of General Services Committee Meeting     7 December 2009

Report of Planning Services Committee Meeting   14 December 2009

Report of Audit Committee Meeting               15 December 2009

Chief Executive Officer’s Report                21 December 2009




                          Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                       1




                     NOTICE OF MEETING
                ORDINARY MEETING OF COUNCIL
Councillors,

Notice is hereby given that the next meeting of the Ordinary Meeting of Council will
be held in the Council Chambers, Administration Centre, 2 Railway Road, Kalamunda
on:

               Monday 21 December 2009 , commencing at 6.30 pm.

For the benefit of members of the public, attention is drawn to the following
requirements as adopted by Council.

Open Council Meetings – Procedures

1.     All Council Meetings are open to the public, except for matters raised by
       Council under Item No. 14.0 of the Agenda.

2.     Members of the public may ask a question at an Ordinary Council Meeting
       under Item 3.0 of the Agenda.

3.     Members of the public who are unfamiliar with meeting procedures are
       invited to seek advice at the meeting. If unsure about proceedings, just raise
       your hand when the Shire President opens ‘question time’ under Item 3.0 of
       the Agenda.

4.     All other arrangements are in accordance with Council’s Standing Orders,
       Policies and decision of the Shire or Council.




James Trail
Chief Executive Officer

17 December 2009
                  ** Dinner will be served after the meeting **




                                  Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                              2




                                    Agenda

1.    OFFICIAL OPENING


2.    APOLOGIES AND LEAVE OF ABSENCE


3.    PUBLIC QUESTION TIME

       A period of not less than 15 minutes is provided to allow questions from the gallery
       on matters relating to the functions of this Committee. For the purposes of Minuting,
       these questions and answers are summarised.



4.    PETITIONS


5.    CONFIRMATION OF PREVIOUS MINUTES

5.1    Meeting of the Ordinary Council Meeting of 16 November 2009

       That the Minutes of the Ordinary Council Meeting of the Shire of Kalamunda held in
       the Council Chambers on 16 November 2009 be confirmed.

       Moved: Cr                            Seconded: Cr

       Statement by Presiding Member

       “On the basis of the above motion I now sign the minutes as a true and
       accurate record of the meeting of 16 November 2009.”

5.2    Meeting of the Special Council Meeting of 30 November 2009

       That the Minutes of the Special Council Meeting of the Shire of Kalamunda held in
       the Council Chambers on 30 November be confirmed.

       Moved: Cr                            Seconded: Cr

       Statement by Presiding Member




                                  Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                           3


       “On the basis of the above motion I now sign the minutes as a true and
       accurate record of the meeting of 7 September 2009.”



6.     ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT
       DISCUSSION


7.     MATTERS FOR WHICH THE MEETING MAY BE CLOSED


8.     DISCLOSURE OF INTERESTS

       Disclosure of Financial and Proximity Interests
              (a)     Members must disclose the nature of their interest in matters to be
                      discussed at the meeting. (Sections 5.60B and 5.65 of the Local
                      Government Act 1995)
              (b)     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).

       Disclosure of Interest Affecting Impartiality
              (a)     Members and staff must disclose their interest in matters to be
                      discussed at the meeting in respect of which the member or
                      employee has given or will give advice.




9.     REPORT TO COUNCIL

9.1.   GENERAL SERVICES COMMITTEE REPORT

       9.1.1 The Recommendations from the General Services Committee 7 December 2009 as
             detailed below are presented for Council consideration.

             9.1    GSC 117 GSC 117 Creditors Accounts paid for November 2009

             9.2    GSC 118 Finanical Activity Statements for the Period 31 October 2009

             9.3    GSC 119 Debtors and Credtiros Report 31 October 2009

             9.4    GSC 120 Rates Debtors Report 31 October 2009

             9.5    GSC 121 Natsales Bins and Political Advertising Guidelines

             9.6    GSC 123 Reveiw of Dogs Local Law




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 Agenda - Ordinary Council Meeting                                                               4


                 9.7    GSC 126 Reveiw of Shire of Kalamaunda Health Local Law


9.1.9     Adoption of General Services Committee 7 December 2009

 9.1.10          GSC 122 Shire of Kalamunda Councillor Records Keeping Policy

 9.1.11 GSC 125 Proposed Fees and Charges for Food Businesses Registration
       and Annual Food Business Surveillance Fees and Appointment of
       Authorised Persons.

2.      That Council resolves not to charge registration fees for the registration of existing
        operating food businesses.
3.      That Council appoints the following Environmental Health Officers as Authorised
        Persons under section 122 (1) of the Food Act 2008:
        Jonathan Smith
        Jonathan Button
        Kerry Fleming
        Jacquie Luseno
        Marie Marendoli-Murry
        John Gherghetta
4.      That Council designates the following Authorised Officers as Designated Officers for
        the purposes of section 126(2) of the Food Act 2008:
        Jonathan Button
        Kerry Fleming
        Jacquie Luseno
        Marie Marendoli-Murry
        John Gherghetta
5.      That Council designates Jonathan Smith Manager Health Service as a Designated
        Officer for the purposes of section 126(3), (6) & (7) of the Food Act 2008.
6.      That Council delegates the power to issue prohibition orders for the purposes of
        section 65 of the Food Act 2008 to the Chief Executive Officer and the Director
        Community Development in accordance with section 118(2) of the Food Act 2008.




 9.1.12      GSC 124 Delegation to Chief Executive Office - Writing Off Small
       Interest on Rates Amounts

 1.       That the Chief Executive Officer be delegated the authority to write off small
          amounts of rates interest charges up to a maximum of $5 (five dollars) per property.



          Absolute Majority Required

 9.1.13      GSC 127 Renewal of Contract for Provision of Bins - Natsales
       Australia Pty Ltd




                                       Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                           5


1.
       That Committee defer item number 9.11 (Renewal of Contract for Provision of Bins –
       Natsales Australia Pty Ltd) to the December Ordinary Council Meeting.




9.2.   PLANNING SERVICES COMMITTEE REPORT

9.2.1 The Recommendations from the Planning Services Committee of 14
      December 2009 as detailed below are presented for Council consideration.

1.




9.2.2 PSC 101 Environmental Policy Review

1.     That this item be deferred to the next Planning Committee meeting in February
       2010.


       That this item be deferred to the next Planning Committee meeting in February
       2010.




9.2.3 PCS 102 Draft Middle Helena Catchment Area Land Use and Water
      Mnagemetn Strategy

1.     That this item be deferred to the next Planning Committee meeting in February
       2010.
       That this item be deferred to the next Planning Committee meeting in February
       2010.




9.2.4 PSC 103 Metropolitan Region Scheme Amendment Request for Concurrent
      Local Planning Scheme Amendment - Land Bound by Kalamunda Road,
      Stirling Crescent, Adelaide Street and Commonwealth Government Land
      (Perthy Ariport), High Wycombe

1.     That the Western Australian Planning Commission be advised that Council supports
       the request for a concurrent amendment to Local Planning Scheme No 3 to rezone
       land bound by Kalamunda Road, Stirling Crescent, Adelaide Street and
       Commonwealth Government Land (Perth Airport), High Wycombe from 'Special Rural
       to 'Urban Development'.



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 Agenda - Ordinary Council Meeting                                                           6


       That the Western Australian Planning Commission be advised that Council supports
       the request for a concurrent amendment to Local Planning Scheme No 3 to rezone
       land bound by Kalamunda Road, Stirling Crescent, Adelaide Street and
       Commonwealth Government Land (Perth Airport), High Wycombe from ‘Special Rural
       to ‘Urban Development’.




 9.2.5 PSC 104 Lot 57 Welshpool Road, Wattle Gove - Modification to Structure
       Plan - Urban Cell U9

1.    That Council adopts the proposed modification to the Structure Plan for Wattle Grove
      Urban Area U9 for Lot 57 (596) Welshpool Road, Wattle Grove and that the
      modification be forwarded to the Western Australian Planning Commission for
      endorsement.
2.    That Council adopts proposed Detailed Area Plan and sends it to the WAPC for it’s
      information.




 9.2.6 PSC 105 Lot 36 (15) Gooseberry Hill Road, Gooseberry Hill - Proposed
       Scheme Amendment - Additional use Art Gallary

 1.    That Council initiates the amendment to Local Planning Scheme No. 3 in accordance
       with the following:
       PLANNING & DEVELOPMENT ACT 2005
       RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME
       SHIRE OF KALAMUNDA
       LOCAL PLANNING SCHEME NO. 3
       AMENDMENT NO 27

       Resolved that the Council in pursuance of Part 5 of the Planning & Development Act
       2005 amends the above Town Planning Scheme by inserting into Schedule 2-
       Additional Uses of the Scheme Text:

       Under column 'Description of Land':

              15 GOOSEBERRY HILL ROAD, GOOSEBERRY HILL

       Under Column 'Additional Use':

       Art Gallery

       Under 'column conditions'

       a.     An Art Gallery is not permitted unless approved by Council ('A')
       That Council initiates the amendment to Local Planning Scheme No. 3 in accordance




                                   Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                              7


      with the following:
                             PLANNING & DEVELOPMENT ACT 2005
                   RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME
                                    SHIRE OF KALAMUNDA
                                LOCAL PLANNING SCHEME NO. 3
                                     AMENDMENT NO 27

          Resolved that the Council in pursuance of Part 5 of the Planning & Development
          Act 2005 amends the above Town Planning Scheme by inserting into Schedule 2-
          Additional Uses of the Scheme Text:

          Under column “Description of Land’:

               15 GOOSEBERRY HILL ROAD, GOOSEBERRY HILL

          Under Column “Additional Use”:

               Art Gallery

          Under ‘column conditions’

              a.     An Art Gallery is not permitted unless approved by Council (“A”)




9.2.7 PSC 106 Lot 309 (17) Birt Court, high Wycombe - Increase the number of
      Children and Hours of Operation for the Existing Family Day Care

1.    That Council approves the application for an increase of the number of children and
      hours of operation for the existing family day care at Lot 409 (17) Birt Court, High
      Wycombe, subject to the following conditions:
      a)      The development shall be undertaken with the approved plans to the
      satisfaction of Shire's Director of Planning and Development Services.
      b)      The activity is to comply with the definition of a Home Occupation as set out
      under Local Planning Scheme No. 3.
      c)      Hours of operation are limited to between Monday to Friday 7.00am - 6.00pm
      d)      A maximum of seven (7) children are to attend the Family Day Care Centre
      per day.
      e)      The applicant is required to submit an 'Application for Registration of a Food
      Business' to the Shire's Health Services.

      That Council approves the application for an increase of the number of children and
      hours of operation for the existing family day care at Lot 409 (17) Birt Court, High
      Wycombe, subject to the following conditions:
          a) The development shall be undertaken with the approved plans to the
             satisfaction of Shire’s Director of Planning and Development Services.
          b) The activity is to comply with the definition of a Home Occupation as set out
             under Local Planning Scheme No. 3.




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Agenda - Ordinary Council Meeting                                                              8


          c) Hours of operation are limited to between Monday to Friday 7.00am –
             6.00pm
          d) A maximum of seven (7) children are to attend the Family Day Care Centre
             per day.
      The applicant is required to submit an “Application for Registration of a Food
      Business” to the Shire’s Health Services.




9.2.8 PSC 107 Lot 20 (120) Williams Street, Gooseberry Hill - Day Spa
      Development

1.    That Council approves the development of a Day Spa at Lot 20 (12) Williams Street,
      Gooseberry Hill, subject to the following conditions;
      a.     The development is to comply with the Building Codes of Australia with
      respect to disabled access and facilities.
      b.     The applicant is required to provide a total of 15 car parking bays to comply
      with the Shire of Kalamunda's Local Planning Scheme No. 3 and to the specifications
      and satisfaction of the Shire of Kalamunda's Engineering Services.
      c.     The Day Spa is to operate from 9am until 5pm from Monday to Saturday.
      d.     The Swimming pool is not to be used by patrons unless approval is received
      from the Department of Health (Western Australia).

      That Council approves the development of a Day Spa at Lot 20 (12) Williams Street,
      Gooseberry Hill, subject to the following conditions;
         a. The development is to comply with the Building Codes of Australia with
            respect to disabled access and facilities.
         b.    The applicant is required to provide a total of 15 car parking bays to comply
               with the Shire of Kalamunda’s Local Planning Scheme No. 3 and to the
               specifications and satisfaction of the Shire of Kalamunda’s Engineering
               Services.
          c.   The Day Spa is to operate from 9am until 5pm from Monday to Saturday.
         d.    The Swimming pool is not to be used by patrons unless approval is received
               from the Department of Health (Western Australia).




9.2.9 PSC 108 Lot 23, 50 and 9001 Kalamunda Road, High Wycombe -
      Application for Additional Retail Floor Space

1.    That Council approves the application for the additional retail floor space of
      312.6sqm at Lots 23, 50 and 9001 Kalamunda Road, High Wycombe subject to the
      following condition:
      A. The development shall be undertaken in accordance with the approved plan to the
      satisfaction of Council's Director Planning and Development Services.




                                   Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                             9


      That Council approves the application for the additional retail floor space of
      312.6sqm at Lots 23, 50 and 9001 Kalamunda Road, High Wycombe subject to the
      following condition:
      A. The development shall be undertaken in accordance with the approved plan to the
      satisfaction of Council’s Director Planning and Development Services.




9.2.10 PSC 109 Endorsement of the Draft Water Action Plan

1.    That Council endorses the Draft Water Action Plan.




9.2.11 PSC 110 Nominations for Membership of the Kalamunda Community
      Enviornmental and Sustainability Advisory Committee

1.    That the item be deferred to the February 2010 Planning Meeting and ask the Chief
      Executive Office to advise Council on the merits of a Sustainability Advisory
      Committee.
      That the item be deferred to the February 2010 Planning Meeting and ask the Chief
      Executive Office to advise Council on the merits of a Sustainability Advisory
      Committee.




9.2.12 PSC 111 Lot 38 (2) Ellis Court, High Wycombe - Overarea/Overhieght
       Shed

1.    That Council refuses the application to construct an addition to the existing shed,
      raising the aggregate to 100sqm, in lieu of 60sqm, with a 3.5m wall height in lieu of
      2.4m, and a 1.2m rear setback in lieu of 1.5m (13.4m long wall), because of visual
      impact on neighbouring properties and streetscape.
      That Council refuses the application to construct an addition to the existing shed,
      raising the aggregate to 100sqm, in lieu of 60sqm, with a 3.5m wall height in lieu of
      2.4m, and a 1.2m rear setback in lieu of 1.5m (13.4m long wall), because of visual
      impact on neighbouring properties and streetscape.




9.2.13 PSC 112 Council Delegates to Eastern Districts Planning Committee

1.    That Councillor McKechnie is nominated as the Shire delegate to the Eastern Districts
      Planning Committee and that Councillor Thomas is nominated as the deputy
      member.



                                 Shire of Kalamunda
 Agenda - Ordinary Council Meeting                                                             10


       That Councillor McKechnie is nominated as the Shire delegate to the Eastern Districts
       Planning Committee and that Councillor Thomas is nominated as the deputy
       member.




 9.2.14 PSC 113 Delegation of Authority - Enforcement and Administration Powers
       under Part 11 of Local Planning Scheme No 3

 1.    That the Council delegates to the Chief Executive Officer the exercise of any of its
       powers, and the discharge of any of its duties, under Part 11 of the Shire of
       Kalamunda Local Planning Scheme No. 3.
       That the Council delegates to the Chief Executive Officer the exercise of any of its
       powers, and the discharge of any of its duties, under Part 11 of the Shire of
       Kalamunda Local Planning Scheme No. 3.




 9.2.15       PSC 114 Process Analysis: Implementation of Paperless Agendas

1.    That Council implements the paperless agenda system on a trial basis in accordance to
      the following schedule:
          •   February 2010: provide a training workshop
          •   March 2010: purchase up to 12 laptops and 2 data projectors
          •   April – June 2010: phase in period – both hard copy and CD
          •   July – September 2010: – trial period
          •   October 2010: – review of trial


2.    That Council authorises the non budgeted expenditure to purchase up to 12 laptops,
      internet connections, 2 data projectors and council chambers upgrade estimated at
      $40,000.




 9.2.16 Adoption of Planning Services Committee 14 December 2009

 1.
       That the recommendations contained in the Planning Services Committee Report of
       14 December 2009 excluding withdrawn item PSC115 be adopted.




                                   Shire of Kalamunda
 Agenda - Ordinary Council Meeting                                                             11


 9.2.17        PSC 115 Supply and Delivery of Street sweeper Truck - T0914

1.    That the Tender T0914 for the Supply and Delivery of two street sweeper trucks, be
      awarded to McDonald Johnson.
2.    That the Shire of Kalamunda borrows three hundred thousand dollars ($300,000) over a
      five year term, for the purchase of street sweeping plant.



         Absolute Majority Required

 9.3.    AUDIT COMMITTEE REPORT

 9.3.1 The Recommendations from the Audit Committee of 15 December 2009 as
       detailed below are presented for Council consideration.

 1.




 9.3.2 AC 10. 2008/2009 Independant Auditor's Report

 1.      That Council receive the Independent Audit Report of the Shire of Kalamunda for the
         financial year ended 30 June 2009 as presented as (Attachment 1).
         That Council receive the Independent Audit Report of the Shire of Kalamunda for the
         financial year ended 30 June 2009 as presented as (Attachment 1).




 9.3.3 AC 12. Investment Report December 2009

 1.      That the report on Investments held by the Shire of Kalamunda be received.
         That the report on Investments held by the Shire of Kalamunda be received.




 9.3.4 AC 14. Sundry Debtors and Library Debtors Write-Off

 1.      That the Audit Committee note the write of under delegation LGA7 of library debtors
         totalling $3,979.03, and the formal recovery proceedings in progress.That the Audit
         Committee note the write of under delegation LGA7 of library debtors totalling
         $3,979.03, and the formal recovery proceedings in progress.




                                    Shire of Kalamunda
 Agenda - Ordinary Council Meeting                                                               12




 9.3.5 Adoption of Audit Committee Report 15 December 2009

 1.
         That the recommendations contained in the Audit Committee Report excluding
         withdrawn items 9.2 and 9.4 be adopted.




 9.3.6 AC 11. 2009 Annual Report

 1.      That Council accept the Annual Report 2009 as per (Attachment 1 provided
         separately) in accordance with the requirements of the Local Government Act 1995.
         That Council accept the Annual Report 2009 as per (Attachment 1 provided
         separately) in accordance with the requirements of the Local Government Act 1995.




 9.3.7 AC 13. Sundry Debtors Write-Off (Boroweic)

 1.      That Council note the cessation of legal proceedings against Mr Boroweic and
         authorise the write off of the existing $1,539.89 sundry debt.
         That Council note the cessation of legal proceedings against Mr Boroweic and
         authorise the write off of the existing $1,539.89 sundry debt.


         Absolute Majority Required

 9.4.    CHIEF EXECUTIVE OFFICER'S REPORT

Declaration of financial/conflict of interests to be recorded prior to dealing with each item.

 9.4.1 Kostera Oval Reserve - Redevelopment Project



 PURPOSE

 1.      To obtain Council support for the Kostera Oval Reserve Redevelopment project
         and the submission of funding applications.

 BACKGROUND

 2.      In August 2006, Council authorised the engagement of a consultant to report
         on the feasibility and to submit a business plan for the redevelopment of
         Kostera Oval and the adjoining Ministry of Education Land.




                                         Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                        13



3.    McDowall Affleck Pty Ltd were subsequently appointed to complete the study
      and were asked to develop concept plans for the redevelopment of Kostera
      Oval see ((Attachment 1.), including the feasibility of raising the existing
      Kalamunda Senior High School ovals to create one large playing field.

4.    The Consultant was also required to develop concept plans for the land on and
      surrounding the Lapidary Club building, War Memorial, Kalamunda Performing
      Arts Centre, cricket nets and sporting pavilion see (Attachment 2.).

5.    The Feasibility Stud was subsequently completed and considered by Council at
      the Ordinary Council Meeting on 17 December 2007, whereby the following was
      resolved:
             1. That Council receives the Kostera Oval Reserve Redevelopment
                Feasibility Study prepared by McDowell Affleck Pty Ltd
             2. That    subject to future budget considerations, further
                investigation be undertaken to complete detailed designs and
                cost of works for the upgrade of the area adjacent to the War
                memorial and Agricultural Hall
             3. That Council initiate discussions with Reserve User Groups,
                Department of Education and Training and the Minister of
                Education concerning a joint use venture covering future costs
                and usage.
             4. That surrounding residents continue to be involved in the
                consultation process.

6.    The project has since stalled as a result of higher priority projects.

DETAILS

7.    The reason for bringing this item before Council at this time is to take
      advantage of external funding opportunities made available through the recent
      announcement by the Commonwealth Government for Round 2 of the Regional
      and Local Community Infrastructure Programme – Strategic Projects (RLCIP).

8.    If significant grant funding was to be received for the project then there would
      be a requirement to spend those funds within a reasonable timeframe.

STATUTORY AND LEGAL IMPLICATIONS

9.    Normal budgetary and development approvals will be required.

POLICY IMPLICATIONS

10.   Nil.

PUBLIC CONSULTATION/COMMUNICATION


11.   Consultation was originally undertaken with all Reserve User Groups, the
      Department of Education and Training (DET), the Kalamunda Senior High



                                   Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                        14


      School and nearby residents that are within one street of Kostera Oval and the
      Kalamunda Senior High School ovals.

12.   The Kostera Oval Advisory Committee have again recently met and
      subsequently officially endorsed the redevelopment project.

13.   The DET have also re-affirmed their support for the project, however are not
      able to provide any financial contribution.

14.   Other Reserve user groups and key stakeholders have also submitted letters of
      support.

15.   It is proposed that should Council be supportive of submitting a Round 2 RLCIP
      funding application, closing on 15 January 2010 and subject to a successful
      outcome, then further consultation with nearby residents shall again be
      undertaken at that time.

FINANCIAL IMPLICATIONS

16.   McDowall Affleck Pty Ltd have recently provided updated cost estimations for
      the redevelopment project. Total project costs for the Kostera Oval
      Redevelopment project is $4.3M Ex GST (=/- 20%), see (Attachment 3.).

17.   Project financial support is being sought from both the Commonwealth and
      State Governments. The Hon John Day MLA, has agreed to support the
      proposal and will be writing to the Minister for Sport and Recreation seeking
      financial support for the project.

18.   It is anticipated that the Commonwealth Government shall be the major
      funding partner, as part of the RLCIP. $2.8M or 2/3rds of total project costs
      would be requested within this application. The balance would be funded
      between the State Government and Council.



19.   The RLCIP conditions stipulate a minimum application amount of $1M and there
      is no maximum. There is no obligation on Council to financially contribute,
      however, advice received from the Department is that it would be looked upon
      more favourably if Council were to contribute either through cash or in-kind (or
      a mixture of both).

20.   This can be achieved in a variety of ways. For example: an opportunity may
      exist to minimise costs through the receipt of clean fill and/or other in-kind
      donations from Kostera Reserve user groups. This in-kind method is preferred,
      however, due to time constraints associated with submitting the grant funding
      application, finalising the in-kind contribution details have not been completed
      at this stage. Council should be aware of this and be prepared to consider
      setting aside up to $750,000 in the 2010/11 financial year.

21.   Dependant upon the final level of support received from funding and in-king
      sources and the financial position of Council at that time, it may be prudent to
      consider the proposed new Cricket Pavilion as part of a separate study and a
      potential application submitted to the Department of Sport and Recreation



                                  Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                            15


      through the CSRFF program.

22.   As the information pertaining to the outcomes of the funding applications
      comes to hand, the RICIP should be known by May 2010, further information
      shall be presented back to Council.

STRATEGIC/SUSTAINABILITY IMPLICATIONS

23.   The Shire of Kalamunda Plan for the Future of the District includes the
      “implementation of the Sporting Reserve Development Plan”.

24.   Water saving initiatives shall be considered as part of this project.

25.   More efficient utilisation of the current and future facilities will provide greater
      economic value to the Shire and the community.

OFFICER COMMENT

26.   The Kostera Reserve is used by a variety of both sporting and community user
      groups.

27.   The Kostera Oval redevelopment project proposes to improve the car parking
      and drainage facilities for Kostera Oval and to upgrade the area adjacent the
      War Memorial and Kalamunda Performing Arts Centre – Agricultural Hall, which
      are currently in a very poor condition.

28.   It also proposes to improve the usage of available space within the reserve for
      both active and passive recreational pursuits. This is particularly important
      given the current and projected grown of junior sporting levels within
      Kalamunda and nearby suburbs.




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Agenda - Ordinary Council Meeting                                                          16




29.   The current high participant level and limited playing space makes it difficult to
      maintain the ovals in a condition that is enjoyed by other sporting groups and
      is expected by the community. The additional playing space gained through
      this proposed redevelopment will address these concerns.

MEETING COMMENT


30.

RECOMMENDATION



1.    The Council provide its support toward the redevelopment of Kostera Oval
      Reserve as shown in (Attachment 1.) and (Attachment 2.)

2.    That for the purposes of applying for external funding, Council commit to a
      budget allocation of up to $750,000 in the 2010/11 financial year, subject to
      successful Commonwealth and State Government funding applications.




                                  Shire of Kalamunda
Agenda - Ordinary Council Meeting                    17




                                Shire of Kalamunda
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                                Shire of Kalamunda
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                                Shire of Kalamunda
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                                Shire of Kalamunda
Agenda - Ordinary Council Meeting                                                                21




10.    MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN


11.    QUESTIONS BY MEMBERS WITHOUT NOTICE


12.    QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN
       GIVEN

12.1      Rubbish Bins for Seniors - Cr Bilich

Q.     Some seniors are having trouble moving the large wheelie bins used for the rubbish
       services in Kalamunda. Can it be clarified if Seniors are able to request smaller
       wheelie bins for their rubbish service?


A.     The provision of 120 litre bins is not possible, due to the lifting arms on the rubbish
       trucks being limited to lifting 240 litre bins only. However, other options are being
       investigated and Council will be advised accordingly.


12.2      Councillors Oath of Office - Cr Lindsey

Q.     Under which section of the Local Government Act and or its subsidiary Regulations is
       the Oath of Office for Councillors established?

A.     Section 2.29 of the Local Government Act 1995 requires that a person elected as a
       councillor, president or deputy president “has to make a declaration in the
       prescribed form before acting in the office”. The form of the declaration is set out
       in the Local Government (Constitution) Regulations 1998 (Form 7).

Q.     When was the current Oath of Office for Councillors introduced?

A.     The requirement to make an oath or affirmation was removed in 2005. Sections
       2.29, 2.32 and 2.42 of the Local Government Act were amended by the Oath,
       Affidavits and Statutory Declarations (Consequential Provisions) Act 2005. This Act
       received Royal Assent on 2 December 2005.

Q.     Was the current Oath of Office for Councillors approved by the Minister or under
       delegated authority by a public servant?

A.     As an Act of Parliament, the Oath, Affidavits and Statutory Declarations
       (Consequential Provisions) Act 2005 passed through both the Legislative Council and
       Legislative Assembly.

Q.     What if any justification for changing the Oath of Office was given at the time?

A.     The Explanatory Memorandum for the Bill did not contain any justification. You may
       wish to check Hansard to determine if any justification was given to Parliament at
       the time that the Bill was debated.



                                   Shire of Kalamunda
Agenda - Ordinary Council Meeting                        22




13.   URGENT BUSINESS APPROVED BY THE PERSON PRESIDING
      OR BY DECISION


14.   MEETING CLOSED TO THE PUBLIC


15.   CLOSURE




                                Shire of Kalamunda
Agenda - Ordinary Council Meeting                                       23



Item    Description                                    Officer   File
9.4.1   Kostera Oval Reserve - Redevelopment Project




                                Shire of Kalamunda