The minutes of the Ordinary meeting of Council - Romark by keara

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									CITY OF KALGOORLIE-BOULDER

                  MINUTES

 Of the Ordinary Meeting of Council held at 7:00 pm on


                12 March 2007
            INFORMATION FOR PUBLIC
               ATTENDING COUNCIL
                   MEETINGS



PLEASE NOTE:-

THE RECOMMENDATIONS CONTAINED IN THIS AGENDA ARE
OFFICER‟S RECOMMENDATIONS ONLY AND SHOULD NOT BE
ACTED UPON UNTIL COUNCIL HAS RESOLVED TO ADOPT THOSE
RECOMMENDATIONS.


THE RESOLUTIONS OF COUNCIL SHOULD BE CONFIRMED BY
PERUSING THE MINUTES OF THE COUNCIL MEETING AT WHICH
THESE RECOMMENDATIONS WERE CONSIDERED.


MEMBERS OF THE PUBLIC SHOULD ALSO NOTE THAT THEY ACT AT
THEIR OWN RISK IF THEY ENACT ANY RESOLUTION PRIOR TO
RECEIVING OFFICIAL WRITTEN NOTIFICATION OF COUNCIL‟S
DECISION.




DS BURNETT
CHIEF EXECUTIVE OFFICER
ORDINARY COUNCIL MEETING MINUTES                                                             12 MARCH 2007


                                TABLE OF CONTENTS

ITEM                                            SUBJECT                                                PAGE NO

1      DECLARATIONS OF OPENING/ANNOUNCEMENTS OF VISITORS ........1

2      OPENING PRAYER .....................................................................................1

3      DISCLAIMER READING ..............................................................................1

4      RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE
       (PREVIOUSLY APPROVED) .......................................................................1

5      RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON
       NOTICE ........................................................................................................3

6      PUBLIC QUESTION TIME ...........................................................................3

7      PETITIONS/DEPUTATIONS/PRESENTATIONS .........................................3

8      NOTATIONS OF INTEREST ........................................................................3

       8.1          FINANCIAL INTEREST – LOCAL GOVERNMENT ACT
                    SECTION 5.60A ............................................................................3

       8.2          PROXIMITY INTEREST – LOCAL GOVERNMENT ACT
                    SECTION 5.60B ............................................................................3

       8.3          INTEREST AFFECTING IMPARTIALITY – CITY OF
                    KALGOORLIE-BOULDER CODE OF CONDUCT ........................3

9      APPLICATIONS FOR LEAVE OF ABSENCE .............................................3

10     ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT
       DISCUSSIONS .............................................................................................3

11     CONFIRMATION OF MINUTES ...................................................................3

12     URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR
       BY DECISION ..............................................................................................5

13     MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................5

14     REPORTS OF COMMITTEES......................................................................6

       14.1         GOLDFIELDS OASIS MANAGEMENT COMMITTEE
                    MEETING HELD ON 22 FEBRUARY 2007 ..................................6

       14.1.1       OASIS MANAGEMENT REPORT - JANUARY 2007 ....................6

       14.1.2       OASIS - ALTERNATIVE ENERGY PROJECT ..............................8

                                                  Page (i)
ORDINARY COUNCIL MEETING MINUTES                                                              12 MARCH 2007

            14.1.3      OASIS STAGE 3..........................................................................11

            14.1.4      OASIS OUTDOOR NETBALL COURT SURFACE AND
                        DRAINAGE ..................................................................................14

REPORTS OF OFFICERS ........................................................................................17

15          CHIEF EXECUTIVE....................................................................................17

            15.1        GENERAL ...................................................................................17

            15.1.1      AIRPORT COMMITTEE DELEGATE ..........................................17

            15.1.2      EASTERN STATES FLIGHTS .....................................................19

16          COMMUNITY & DEVELOPMENT SERVICES ...........................................23

            16.1        LEISURE & COMMUNITY ..........................................................23

            16.1.1      UPDATED SERVICE AGREEMENT - KALGOORLIE
                        GOLDFIELDS VISITOR CENTRE ...............................................23

            16.2        DEVELOPMENT SERVICES ......................................................25

            16.2.1      LOT 313 (19) KAYILI ROAD, WEST KALGOORLIE –
                        APPLICATION FOR PLANNING APPROVAL FOR
                        WAREHOUSE AND LUNCH BAR ...............................................25

            16.2.2      LOT 421 (38-40) WILSON STREET, KALGOORLIE -
                        PLANNING APPLICATION FOR THREE, TWO STOREY
                        GROUPED DWELLINGS ............................................................28

            16.2.3      LOT 4951 (25) HANNAN STREET, KALGOORLIE - STRATA
                        PLANS RECOMMENDATION: APPROVED ...............................31

            16.3        GENERAL ...................................................................................33

            16.3.1      BOULDER SHORT STAY FACILITY ...........................................33

            16.3.2      OASIS STAGE 3..........................................................................38

17          ENGINEERING SERVICES .......................................................................42

            17.1        OPERATIONS .............................................................................42

            17.1.1      CLEANING OF PAVEMENTS AND STREET FURNITURE -
                        KALGOORLIE AND BOULDER CBD'S – TENDER NUMBER
                        T001 - 06/07 ................................................................................42

18          CORPORATE SERVICES ..........................................................................46

            18.1        FINANCE & ADMINISTRATION .................................................46


                                                    Page ii
ORDINARY COUNCIL MEETING MINUTES                                                            12 MARCH 2007

      18.1.1       ACCOUNTS PAYABLE FOR THE MONTH OF FEBRUARY
                   2007.............................................................................................46

      18.2         GENERAL ...................................................................................48

      18.2.1       LOCAL GOVERNMENT COMPLIANCE AUDIT RETURN - 1
                   JANUARY 2006 TO 31 DECEMBER 2006 ..................................48

19    QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .....................52

20    INFORMATION BULLETIN ........................................................................53

      20.1.1       INFORMATION BULLETIN - 12 MARCH 2007 ...........................53

21    CONFIDENTIAL ITEMS .............................................................................57

22    DATE OF NEXT MEETING ........................................................................57

23    CLOSURE ..................................................................................................57




                                                Page iii
ORDINARY COUNCIL MEETING MINUTES                             12 MARCH 2007



1   DECLARATIONS OF OPENING/ANNOUNCEMENTS OF
    VISITORS
    The Mayor declared the meeting open at 7:00 PM welcoming the gallery and
    those present.

2   OPENING PRAYER
    Opening prayer by Archdeacon Peter Stanley, Anglican Church.

3   DISCLAIMER READING
    The Mayor read the disclaimer to those present.

4   RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE
    (PREVIOUSLY APPROVED)
    In Attendance

    Mayor R Yuryevich
    Cr D Botica
    Cr W Johnson
    Cr R Haigh
    Cr E Roadnight
    Cr D Daws
    Cr A Petz
    Cr S Williams

    Members of Staff:

    Mr D Burnett                  Chief Executive Officer
    Mr E W Piper                  Director Corporate Services
    Mr R Radosevich               Director Engineering Services
    Mr T Chisholm                 Director Community & Development Services
    Mr D Wallace                  Manager Engineering
    Mr C Pasch                    Manager Leisure & Community Development
    Mr P Needham                  Manager Planning Services
    Mr M Brooks                   Manager Oasis
    Mrs L Young                   Minutes Secretary

    Apologies

    Cr N Wolski
    Cr A Pendal
    Cr G Thomson

    Members of Staff

    Nil.

                                   Page 1
ORDINARY COUNCIL MEETING MINUTES                        12 MARCH 2007



     Leave of Absence

     Nil.


COUNCIL RESOLUTION
MOVED:         CR JOHNSON
SECONDED:        CR BOTICA
That apologies for Cr Pendal, Cr Wolski and Cr Thomson for the Ordinary
Council meeting of 12 March 2007 be noted.

                                                           CARRIED
                                                                 (8/0)
                                     RES. NO. [4718-12-03-06/07]




                                Page 2
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007



5     RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON
      NOTICE
      Nil.

6     PUBLIC QUESTION TIME
      Nil.

7     PETITIONS/DEPUTATIONS/PRESENTATIONS
      Nil.

8     NOTATIONS OF INTEREST
8.1   FINANCIAL INTEREST – LOCAL GOVERNMENT ACT SECTION 5.60A

      Councillor R Haigh declared an indirect financial interest in Item 16.2.3, Page
      28 of the Council Meeting agenda of 12 March 2007.

      Councillor W Johnson declared a direct financial interest in Item 17.1.1, Page
      38 of the Council Meeting agenda of 12 March 2007.

8.2   PROXIMITY INTEREST – LOCAL GOVERNMENT ACT SECTION 5.60B

      Nil.

8.3   INTEREST AFFECTING IMPARTIALITY – CITY OF KALGOORLIE-
      BOULDER CODE OF CONDUCT

      Councillor E Roadnight declared an interest affecting impartiality in Item
      16.3.1, Page 31 of the Council Meeting agenda of 12 March 2007.


9     APPLICATIONS FOR LEAVE OF ABSENCE
      Nil.

10    ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT
      DISCUSSIONS
      Nil.

11    CONFIRMATION OF MINUTES

The minutes of the Ordinary meeting of Council of 26 February 2007.




                                       Page 3
ORDINARY COUNCIL MEETING MINUTES                            12 MARCH 2007

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:            CR ROADNIGHT
SECONDED:         CR HAIGH
That the minutes of the Ordinary meeting of Council held 26 February 2007 be
confirmed as a true record of that meeting.

                                                               CARRIED
                                                                      (8/0)
                                        RES. NO. [4719-12-03-06/07]




                                  Page 4
ORDINARY COUNCIL MEETING MINUTES           12 MARCH 2007



12   URGENT BUSINESS APPROVED BY THE PERSON PRESIDING
     OR BY DECISION
     Nil.

13   MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
     Nil.




                           Page 5
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007



14     REPORTS OF COMMITTEES
14.1   GOLDFIELDS OASIS MANAGEMENT COMMITTEE MEETING HELD ON 22
       FEBRUARY 2007

14.1.1 OASIS MANAGEMENT REPORT - JANUARY 2007

File No:                          0000

Attachment(s):                    Management Report - January 2007

Responsible Officer:              Tony Chisholm
                                  Director Community and Development Services
Author:                           Milton Brooks

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
This report is presented by the Oasis Manager on financial and statistical data for the
month. The management report also provides details of current issues and activities
associated with the Centre.

BACKGROUND
The purpose of this monthly report is to provide an overview of the Goldfields Oasis
Recreation Centre.

COMMENT
Refer attached report from the Goldfields Oasis Centre Manager.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.

COMMUNITY CONSULTATION
No community consultation was considered necessary               in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple



                                         Page 6
ORDINARY COUNCIL MEETING MINUTES                         12 MARCH 2007

OFFICER/COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION
MOVED:           CR ROADNIGHT
SECONDED:        CR PETZ
That Council receives the Goldfields Oasis Management Report for January
2007.

                                                            CARRIED
                                                                  (8/0)
                                      RES. NO. [4720-12-03-06/07]




                                Page 7
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

14.1.2 OASIS - ALTERNATIVE ENERGY PROJECT

File No:                          0000

Responsible Officer:              Tony Chisholm
                                  Director Community and Development Services
Author:                           Tony Chisholm

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
The purpose of this item is to provide an update on the status of the Oasis Alternative
Energy project and to seek Council authorisation to expend funds to undertake an
electrical audit and energy performance assessment.

BACKGROUND
On 8 September 2004 the Minister for the Environment and Heritage announced, via
a media release, that the City of Kalgoorlie-Boulder would receive $160,000 to install
solar heating equipment at the Goldfields Oasis Recreation Centre in Kalgoorlie. The
grant is being administered through the Australian Greenhouse Office in Canberra.

In subsequent discussions between the Australian Government and the City of
Kalgoorlie-Boulder (Mr Ian Fletcher), the Australian Greenhouse Office (AGO)
advised that some further work was required by the City of Kalgoorlie-Boulder to
ensure that the grant delivered the best greenhouse outcomes to the City.
Discussions covered the need for some further research in relation to the best
options available to deliver greenhouse savings at the Oasis Leisure Centre (as there
is some weakness in the analysis provided to support the grant) and the possible use
of an Energy Performance Contracting approach to deliver savings.

An expert assessment was sought to confirm the technical feasibility and financial
viability of the project. The original proposal was based on a report undertaken by
graduate students with limited expertise and, as a result, makes only partial
recommendations based on incomplete technical information. That report did not
fully explore viable alternatives to the proposed project nor fully address the current
poor performance of the suggested technology. The report noted but made no
conclusions on the cost or feasibility of required structural improvement to the roof of
the facility necessary before the introduction of the suggested technology.

It should be noted that when the opportunity was provided to apply for this funding,
the City was afforded only a matter of two days to prepare a submission.

Subsequent to that, a quote was gained from consultants Norman Disney Young
(NDY) for $10,300 to undertake additional research which would satisfy the AGO
requirements.

The Oasis Stage 3 project has identified a requirement for the undertaking of an
electrical audit to determine the current loadings and peak electrical power usage at

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ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

the Oasis and to determine if the electrical capacity is sufficient to be able to supply
power to operate Stage 3 devices.             The City‟s local contract engineer,
DJ Engineering, obtained a quote from another consultant to undertake this audit.

The opportunity was recognised that it would be most economical to have both the
electrical audit and the Energy Performance Assessment undertaken by the same
consultant. It was determined that this was going to be best achieved by seeking a
modified quote from NDY to incorporate the electrical audit.

The other aspect of the energy / solar heating project is the possible need to
strengthen the roof structure of the Oasis to be able to take the loading of any new
solar energy devices. This structural engineering assessment can be undertaken by
DJ Engineering.

A revised quote has since been received from NDY to undertake the electrical audit
and energy performance assessment for $14,860. That quote and the brief has been
forwarded to the AGO to seek confirmation from them that the brief satisfies the
“further information” request from AGO. Including an allowance for DJ Engineering to
undertake the structural assessment and design and contingencies, a budget of
$20,000 is expected to be sufficient for this work.

COMMENT
In a report to committee in 2006, on the Stage 3 project, the notion of funding this
initial consultancy from the Stage 3 project budget was discussed. It was recognised
that this initial expenditure by the City would be warranted as it would secure the
$160,000 AGO funding for a project, which will in turn produce substantial operating
cost savings.

Whilst a response has yet to be received from the AGO, it is timely to seek Council‟s
approval to proceed with this expenditure subject to a positive response being
received.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
The 2007/08 Municipal Budget includes $1.8m under COA 68394, Schedule 11, for
the Stage 3 project. It is proposed that the electrical audit and energy performance
assessment be funded from this project.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.




                                        Page 9
ORDINARY COUNCIL MEETING MINUTES                                 12 MARCH 2007

VOTING REQUIREMENTS
Simple

OFFICER/COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION
MOVED:              CR ROADNIGHT
SECONDED:           CR PETZ
That Council, in relation to the undertaking of an electrical audit and energy
performance assessment at the Goldfields Oasis:

1.    Subject to receipt of confirmation from the Australian Greenhouse Office
      that the brief satisfies their “further information” request, agree to award
      the consultancy to Norman Disney Young.

2.    Agree that funding of up to $20,000 be allocated for consultancy work to
      be undertaken by Norman Disney Young and DJ Engineering from
      COA 68394 Oasis Stage 3 development.

                                                                    CARRIED
                                                                            (8/0)
                                           RES. NO. [4721-12-03-06/07]




                                    Page 10
ORDINARY COUNCIL MEETING MINUTES                                   12 MARCH 2007

14.1.3 OASIS STAGE 3

File No:                         0000

Responsible Officer:             Tony Chisholm
                                 Director Community and Development Services
Author:                          Tony Chisholm

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
This report provides an update on progress towards the implementation of the Oasis
Stage 3 project. The project comprises the construction of a standing wave device,
thrill water slide and associated infrastructure.

BACKGROUND
Council, at its Special Meeting of 18 December 2006, considered a report on tenders
received for this project and resolved as follows:

      THAT COUNCIL, HAVING CONSIDERED TENDERS RECEIVED FOR
      TENDER NO. T013 – 06/07 (DESIGN AND CONSTRUCTION OF A
      STATIONARY WAVE DEVICE, WATER SLIDE AND ASSOCIATED WORKS
      AT THE GOLDFIELDS OASIS):

      1.     AWARD THE STAGE 1 DESIGN COMPONENT OF THE TENDER TO
             SWIMPLEX AQUATICS PTY LTD FOR THE LUMP SUM TENDER
             AMOUNT OF $87,229 (INCLUDING GST).

      2.     ENDORSE THE SUBMISSION OF A FORMAL APPLICATION FOR
             $550,000 (INCLUDING GST) OF FUNDING FROM THE REGIONAL
             PARTNERSHIPS PROGRAM.

      3.     REQUIRE OFFICERS TO PURSUE OTHER SOURCES OF FUNDING
             IN AN ENDEAVOUR TO REDUCE THE OVERALL LEVEL OF
             COMMITMENT REQUIRED BY COUNCIL.

      4.     UPON CONFIRMATION OF FUNDING AND COMPLETION OF THE
             DESIGN PHASE, REQUIRE A FURTHER REPORT TO COUNCIL
             FOR CONSIDERATION OF AWARDING THE CONSTRUCTION
             COMPONENT OF THE PROJECT.


COMMENT
With regard to resolution item 2 regarding the seeking of additional external funding
sources, City Officers have submitted an expression of interest to the
Goldfields-Esperance Area Consultative Committee for capital funding under the
Australian Government‟s Regional Partnership Program. Further to that submission
the City has been invited to submit a full application, which is being completed this

                                      Page 11
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

week. That application seeks $550,000 (including GST) as a contribution towards
the standing wave device component of the project.

With regard to resolution item 3, Officers have identified the Regional Infrastructure
Funding Program (RIFP), administered through the Department of Local Government
& Regional Development, as a potential source of further external funding. Initial
indications are, however, that the timeframe for approval of a grant may extend to
December 2007, which would be after commencement of construction thereby
deeming the application ineligible.

With regard to progress on the design aspect of the project, reference is made to the
report to Council dated 18 December 2006 wherein it was stated that the contractor
would investigate the possibility of using alternative standing wave devices in an
endeavour to minimise project costs. The tender submitted was based on supply and
installation of the “FlowriderTM” product. The design evaluation of alternative
products was to be completed during the early design phase of this project.

Geoff Leaver, Principal of Swimplex Pty Ltd, has travelled to Scotland and witnessed
the prototype testing of a similar device, and has also been investigating an
Australian-designed alternative being developed in Queensland. A report on the pros
and cons of those alternative products compared to the “Flowrider TM” product is
expected to be received prior to this Committee meeting in readiness for information
to be presented at the Committee meeting.

Should such information be received in time it will be forwarded to Committee and
Elected Members for consideration prior to the meeting.

Whilst the new prototypes may be expected to have a lesser capital cost, this cost
saving for products under development needs to be weighed up against the proven
track record of the “FlowriderTM”. Other considerations include any conditions or
restrictions associated with the licensing of the various products.

Once a determination is made on whether to proceed with the “Flowrider TM” product
or an alternative, the detailed design component of the project can be completed.
Design cannot be completed until the parameters of both the standing wave device
and the thrill water slide are defined, particularly as water throughput from one device
may affect another and the devices are interconnected. At this stage the Officer‟s
Recommendation is based on confirming the use of the “FlowriderTM” product
pending further advice on possible use of alternatives.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
The 2006/07 Municipal Budget includes an allowance of $1.8m for this project leaving
a shortfall of approximately $380,000 based on the tender received. Expenditure to

                                       Page 12
ORDINARY COUNCIL MEETING MINUTES                                    12 MARCH 2007

date on the project totals $8,175, for site investigation and preparation of
documentation for tendering. A submission has been made to the Goldfields
Esperance Area Consultative Committee for sourcing $550,000 (including GST)
capital funding from the Regional Partnerships Program. Officers are also pursuing
other possible funding sources in an endeavour to reduce the overall level of
commitment required by Council.

COMMUNITY CONSULTATION
This project has been subject to extensive consultation with youth of the City as well
as Oasis patrons and staff.

VOTING REQUIREMENTS
Simple

DISCUSSION
Tony Chisholm provided feedback to the Committee on the 3 different wave device
options being investigated by Swimplex. There was discussion in regard to the
possible need to send a delegation to see the Flowrider which has been installed at
Dreamworld on the Gold Coast.

OFFICER RECOMMENDATION
That Council accept the progress report on the Oasis Stage 3 project and agree to
confirm that the standing wave device component of the project shall comprise the
“FlowriderTM” product per the tender submission by Swimplex Pty Ltd.

REASON FOR CHANGE

After some discussion the Committee agreed that further research needed to be
undertaken before a final decision was made as to which product will be purchased.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR ROADNIGHT
SECONDED:            CR PETZ
That Council accept the progress report on the Oasis Stage 3 project and agree
to consider a further report to an Ordinary Council Meeting in March 2007
recommending the selection of the standing wave device product for inclusion
in the final design.

                                                                        CARRIED
                                                                               (8/0)
                                             RES. NO. [4722-12-03-06/07]




                                      Page 13
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

14.1.4 OASIS OUTDOOR NETBALL COURT SURFACE AND DRAINAGE

File No:                          0000

Responsible Officer:              Tony Chisholm
                                  Director Community and Development Services
Author:                           Tony Chisholm

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
The purpose of this item is to seek Council‟s approval to amend the 2006 / 07 budget
in order to facilitate drainage improvement works to the Oasis netball courts as
endorsed previously by Council.

BACKGROUND
After considering a report prepared by the City‟s Engineering Department on defects
at the Oasis outdoor court surface, a resolution was passed by Council in December
2004 which read, in part, as follows:

      “CONSIDER AN ALLOCATION OF $25,000 FROM THE CONSOLIDATED
      CONSTRUCTION DEFECTS LIABILITY RETENTION FOR STORMWATER
      DRAINAGE WORKS AS A SHORT TERM ACTION TO ALLEVIATE THE
      THREAT FROM FURTHER CHEMICAL REACTION IN ASPHALT COURSE,
      DUE TO POOR DRAINAGE WITH THE ENGINEERING DEPARTMENT TO
      DESIGN AND IMPLEMENT SUCH WORKS.”

Furthermore, Council resolved to retain the balance of the $125,000 defects liability
amount in an interest bearing trust account as part of the cost of rectification of the
outdoor courts surface at Oasis.

A letter was sent to the lawyers acting for the Administrator of Consolidated
Constructions on 24 January 2005 conveying Council‟s resolution and advising that
the estimated cost of surface rectification was $300,000. The letter reiterated earlier
advice that the City remains a creditor with a view to obtaining maximum funds from
the administration to enable completion of these rectification works.

A further letter was sent to lawyers for the Administrator on 3 August 2005 seeking
advice as to the outcome of the Administrator‟s report in relation to claims made by
the City against Consolidated Constructions. An earlier letter dated 25 May advised
that the total cost of rectification works (inclusive of some building matters) amounted
to an estimated $330,000.

Works have now commenced on drainage rectification works per Council‟s resolution
of December 2004.

Further correspondence has been received from the lawyers acting for Consolidated
Construction Pty Ltd (in liquidation), dated 28 September 2006, requesting that the

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ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

City return the $125,000 security being held. That matter is being dealt with by the
City‟s Legal Officer and is yet to be resolved.

COMMENT
Irrespective of the outcome of the $125,000 security retention, the drainage works
were required to be undertaken in order to curb the rate of deterioration of court
surfaces, particularly on the western side of the court area.

The condition of the surfaces is such that immediate attention is not required from a
safety perspective. The appearance of the court surface is, however, aesthetically
displeasing. The condition of the court surface will continue to be monitored on a
regular basis.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
The original intention was to fund the drainage rectification works from the retention
fund trust account. However, in light of the outstanding matter that exists between
the City and the Administrator, it is considered prudent to source these funds from a
reserve account. The estimated cost to complete the works, which comprise
construction of a trench / leach type drain, is $15,000.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Absolute majority

OFFICER RECOMMENDATION
That Council, in order to facilitate completion of drainage works required to the Oasis
outdoor netball courts, agree to amend the 2006/07 municipal budget by:

1.    Reducing the Oasis Reserve Fund by $15,000.

2.    Increasing Expenditure COA OA 682 (Specific Maintenance – Oasis) by
      $15,000 and creating a new job number under that COA titled
      (Netball Court Drainage).

REASON FOR CHANGE

City‟s Manager Roads & Transport has advised that the $15,000 referenced in the
recommendation should be reduced to $8,000.



                                       Page 15
ORDINARY COUNCIL MEETING MINUTES                                12 MARCH 2007

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION
MOVED:              CR ROADNIGHT
SECONDED:           CR PETZ
That Council, in order to facilitate completion of drainage works required to the
Oasis outdoor netball courts, agree to amend the 2006/07 municipal budget by:

1.    Reducing the Oasis Reserve Fund by $8,000.

2.    Increasing Expenditure COA OA 682 (Specific Maintenance – Oasis) by
      $8,000 and creating a new job number under that COA titled
      (Netball Court Drainage).

                                                                    CARRIED
                                                                           (8/0)
                                           RES. NO. [4723-12-03-06/07]




                                    Page 16
ORDINARY COUNCIL MEETING MINUTES                                   12 MARCH 2007


REPORTS OF OFFICERS


15     CHIEF EXECUTIVE
15.1   GENERAL

15.1.1 AIRPORT COMMITTEE DELEGATE

File No:                         0

Responsible Officer:             Don Burnett
                                 Chief Executive Officer
Author:                          Greg Golinski

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
For Council to appoint a replacement for Councillor Bill Mason on the Airport
Committee.

BACKGROUND
The Airport Committee currently consists of the following membership:

Committee Members

Mayor R Yuryevich
Cr R Haigh
Cr W Johnson
Cr S Williams
Vacant

Deputy

Cr A Petz (1st Deputy)
Cr A Pendal (2nd Deputy)
Cr D Daws (3rd Deputy)
Cr D Botica (4th Deputy)
Cr N Wolski (5th Deputy)
Cr G Thompson (6th Deputy)
Cr E Roadnight (7th Deputy)

The vacancy on the Airport Committee arises as a result of the passing of Councillor
Bill Mason.




                                     Page 17
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

COMMENT
At the last meeting of the Airport Committee held on 21 February 2007, it was
suggested that nominations be sought from within Council to fill the vacancy created
by the passing of Cr Mason, rather than having a deputy attend the meetings. It is
expected that a full review of Council Committee memberships will take place
following the October 2007 local government elections.

As such, nominations are being sought from interested Councillors to undertake a
position on the Airport Committee of Council.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR JOHNSON
SECONDED:            CR ROADNIGHT
That Council ratify the nomination of Councillor Petz to become a member of
the Airport Committee.

                                                                        CARRIED
                                                                                (8/0)
                                              RES. NO. [4724-12-03-06/07]




                                       Page 18
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007

15.1.2 EASTERN STATES FLIGHTS

File No:                           0

Responsible Officer:               Don Burnett
                                   Chief Executive Officer
Author:                            Don Burnett

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
The question of incentive for Airlines to operate flights from Kalgoorlie to an eastern
seaboard destination has been considered previously by Council.

This report is recommending a reaffirmation of the previously agreed incentives.

BACKGROUND
Council has previously passed several motions that provide an incentive to an airline
operator to provide a direct service from Kalgoorlie to an eastern states destination.

At the 16th February 2005 Airport Committee meeting the following motion was
passed:

        That Council:
        1.   Agree, coincident with the introduction of regular scheduled services
             directly connecting Kalgoorlie-Boulder with Eastern States ports by any
             RPT airline that provides such services, to grant those airlines and
             passengers a 100% concession with respect to the payment of Terminal
             Services Levies and Landing Fees generated in the first three years of
             operations (the calculation of which, for all providers, begins from the
             first full month of operations by the first airline to provide those services
             and, in any event, concludes for all or any such providers on 30 June
             2008).
        2.   During the period to which the concessions relate, require participating
             airlines to provide monthly returns which detail loadings in relation to
             passengers initially departing from and/or arriving at Kalgoorlie-Boulder
             as their final port of call.
        3.   Agree to regular reviews of this concession regime.
                                                                           CARRIED (3/1)

At the 26th April 2005 Ordinary Council meeting the following motion was passed:

        That Council:

        1.   Endorse the establishment of a $1 million Airport Marketing Promotion
             Fund subject to the following guidelines:




                                        Page 19
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007

             funding will only be released to Airlines on a dollar-for-dollar basis as
             obtained from other sources based on tourism promotion plans and key
             performance indicators; and

             the total sum (the City’s contribution plus any matching funds) are to be
             used solely for the purpose of promoting Kalgoorlie-Boulder as a
             tourism destination.

        2.   Acknowledge that the $1 million to the Airport Marketing Promotion
             Fund will be offset as a result of the expected increase in passenger
             numbers over the next two years.

        3.   Request the Mayor enter into discussions with the State Government,
             namely the Ministers for Planning and Infrastructure, Tourism, and
             Local Government and Regional Development and Goldfields-
             Esperance, seeking financial support for the initiative.

        4.   Request the Mayor enter into discussions with the Federal Minister for
             Small Business and Tourism and Federal Member for Kalgoorlie,
             seeking financial support for the initiative through the Australian
             Tourism Development Program.

        5.   Request the Mayor write to the Chief Executive Officer of Westralia
             Airports Corporation, Mr Graham Muir, outlining the proposal to create
             an Airport Marketing Promotion Fund to help promote Kalgoorlie-
             Boulder as a tourism destination as well as seeking a possible
             contribution from that organisation.
                                                                          .CARRIED
                                                                                (12/0)

The key elements of both motions is the provision of a significant financial incentive
to an operator to provide the service requested by Council. The incentive includes a
100% concession on Terminal Services Levies and Landing Fees and access to $1m
Airport Marketing Promotion Fund on a dollar for dollar matching basis. The
concessions agreed to by Council had a conclusion date of 30 June 2008 and this
needs to be reviewed in order to allow a three year concession period.

To date neither of these incentives has been taken up.

COMMENT
Elected Members will be aware that there have been previous discussions with
Qantas, Skywest, Virgin and more recently Ozjet. With the current strength in the
economy there seems to be renewed interest in the airline sector in expanding their
services and there may be an opportunity for Council to reinstate its case for a
Kalgoorlie to east connection.

It may also be prudent that each of the companies listed to be advised of the current
status of this incentive. The intent of the incentives is to provide the incentive to the
first operator to promote the service as agreed by Council.

                                        Page 20
ORDINARY COUNCIL MEETING MINUTES                                    12 MARCH 2007

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
Funds for the marketing campaign would be drawn from the fund specifically set up
for this purpose. The Airport Concession‟s are in the form of forgone revenue and
would not have a direct impact on the current budget. After the expiry of the 3 year
concession period, ordinary revenue would be received.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR HAIGH
SECONDED:            CR ROADNIGHT
That Council reaffirm the following incentives:


1.    Provide access to the $1 million Airport Marketing Promotion Fund
      subject to the following guidelines:

      funding will only be released to Airlines on a dollar-for-dollar basis as
      obtained from other sources based on tourism promotion plans and key
      performance indicators; and

      the total sum (the City’s contribution plus any matching funds) are to be
      used solely for the purpose of promoting Kalgoorlie-Boulder as a
      tourism destination.


2.    Agree, coincident with the introduction of regular scheduled services
      directly connecting Kalgoorlie-Boulder with Eastern States ports by any
      RPT airline that provides such services, to grant those airlines and
      passengers a 100% concession with respect to the payment of Terminal
      Services Levies and Landing Fees generated in the first three years of
      operations (the calculation of which, for all providers, begins from the
      first full month of operations by the first airline to provide those services
      and, in any event, concludes for all or any such providers after 3 years
      from a commencement date agreed by Council.



                                      Page 21
ORDINARY COUNCIL MEETING MINUTES                             12 MARCH 2007

3.   During the period to which the concessions relate, require participating
     airlines to provide monthly returns which detail loadings in relation to
     passengers initially departing from and/or arriving at Kalgoorlie-Boulder
     as their final port of call.

     Agree to regular reviews of this concession regime

4.   Advise Qantas, Virgin Blue, Skywest and Ozjet of Councils reaffirmation
     of these incentives.

                                                                 CARRIED
                                                                        (8/0)
                                        RES. NO. [4725-12-03-06/07]




                                  Page 22
ORDINARY COUNCIL MEETING MINUTES                                   12 MARCH 2007



16     COMMUNITY & DEVELOPMENT SERVICES
16.1   LEISURE & COMMUNITY

16.1.1 UPDATED SERVICE AGREEMENT - KALGOORLIE GOLDFIELDS VISITOR
       CENTRE

File No:                          0

Attachment(s):                    Service Agreement

Responsible Officer:              A D Chisholm
                                  Director Community & Development Services
Author:                           Erica Johns

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
The Kalgoorlie Goldfields Visitor Centre relocated to the Kalgoorlie Town Hall a year
ago. The Agreement regarding management of the Kalgoorlie Town Hall and
provision of other services is due for renewal.

BACKGROUND
The Agreement was entered into on 23 March 2006, following the relocation of the
Visitors Centre to the Kalgoorlie Town Hall. The Agreement was for 12 months only,
and renewable at the end of that period by agreement of both parties.

Pursuant to the Agreement, the Visitors Centre has managed the bookings for both
the Kalgoorlie Town Hall and the Boulder Town Hall, staffed the Kalgoorlie Town Hall
and provided general services.

The City has paid the Visitors Centre the sum of $19,800 in quarterly instalments,
with the final instalment due for payment. The contract total is $26,400 inclusive of
GST.

A Communication Working Group has been established by the City and the Visitors
Centre, and meetings are held monthly to assist with ongoing consultation.

The Visitors Centre is willing to renew the Agreement.

COMMENT
The implementation of the initial twelve-month agreement has derived positive results
with both the City staff and the Kalgoorlie Goldfields Visitor Centre staff working
together to provide the contracted services.




                                      Page 23
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

Formal meetings are conducted between the City and the Kalgoorlie Goldfields
Visitor Centre each month to evaluate progress on the services and to ensure that
communication between the parties is ongoing.

The commencement of the guided tours has been delayed with the tour route being
revised and the final draft of the guided tour nearing completion. It is envisaged that
the tours will commence in the early stages of the new agreement period.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR HAIGH
SECONDED:            CR ROADNIGHT
That Council:

1.    Approve the Services Agreement for a further twelve (12) month period
      between the Kalgoorlie Goldfields Visitor Centre and the City of
      Kalgoorlie-Boulder for services to be provided by the Visitors Centre at
      the Kalgoorlie and Boulder Town Halls.

2.    Authorise the Mayor and Chief Executive Officer to sign and affix the
      Common Seal of the City of Kalgoorlie-Boulder in accordance with part
      19.1(2) of the Standing Orders Local Law to the Service Agreement
      document between the City of Kalgoorlie-Boulder and the Kalgoorlie
      Goldfields Visitor Centre.

                                                                         CARRIED
                                                                                (8/0)
                                              RES. NO. [4726-12-03-06/07]


                                       Page 24
ORDINARY COUNCIL MEETING MINUTES                                           12 MARCH 2007

16.2    DEVELOPMENT SERVICES

16.2.1 LOT 313 (19) KAYILI ROAD, WEST KALGOORLIE – APPLICATION FOR
       PLANNING APPROVAL FOR WAREHOUSE AND LUNCH BAR

File No:                             KAY 25 19

Attachment(s):                       Location Plan
                                     Site and Elevation Plans

Application No.:                     P034/07
Applicant:                           Adcroft Architects
Owner:                               Aqua Terra Oil and Mineral Service and Supply
                                     Co. Pty Ltd
Responsible Officer:                 Tony Chisholm
                                     Director
                                     Community & Development Services
Author:                              Cherie Wallace

Author Disclosure of Interest: Nil


EXECUTIVE SUMMARY
Council is being asked to consider an application for planning approval for a
Warehouse and Lunch Bar at Lot 313 (19) Kayili Road, West Kalgoorlie. The
application is recommended for conditional approval.
BACKGROUND
The City received an application for a Warehouse and Lunch Bar on 7 February 2007
and revised plans on 19 February 2007 for a 2,321m 2 development at Lot 313 (19)
Kayili Road, West Kalgoorlie. It is envisaged that the proposed Lunch Bar would be
open to the general public.
A location plan is attached, as are plans of the proposed development.
The subject site is situated in the Anzac Drive Industrial Estate bounded by Kayili and
Yulpari Roads at the front and rear. The site is zoned „General Industry‟ in the City of
Kalgoorlie-Boulder Town Planning Scheme 1 („the Scheme‟). The site has an area of
10,029m2.
Both „Warehouse‟ and „Lunch Bar‟ are „P‟ (or permitted uses) in the General Industry
Zone. Note that Lunch Bar-
       means premises wherein the goods sold are predominantly foodstuffs and other
       items intended for the day to day consumption or use by persons living or working
       in the vicinity of the building.
Note that the application is being referred to Council because it is larger in area than
what can be determined under current delegations of authority.




                                          Page 25
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

CONSULTATION
The proposed development was referred to the City‟s Engineering, Health and
Building departments for comment. Comments received from the Engineering, Health
and Building departments are reflected in the recommendations of this report.
External consultation was not considered necessary in association with this
application.
FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.
COMMENT
The proposal is consistent with relevant site coverage, plot ratio, landscaping and
carparking requirements of the Scheme for both a Warehouse and Lunch Bar.
The proposal has been also been assessed by LandCorp against their own Anzac
Drive Industrial Estate Guidelines Checklist and complies with this checklist.
It is recommended that this application be granted conditional approval.
VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR HAIGH
SECONDED:            CR ROADNIGHT
That Council resolve, with respect to the application for planning approval for
Warehouse and Lunch Bar at Lot 313 (19) Kayili Road, West Kalgoorlie
(application reference: P034/07), that the application be approved, subject to
the following conditions:
   1. The development hereby permitted must substantially commence within
      two (2) years from the date of this decision letter.
   2. The development hereby permitted taking place in accordance with the
      approved plans.
   3. Prior to commencement of the development, detailed drainage plans
      shall be submitted to the satisfaction of the City.
   4. Prior to occupation of the development, stormwater drainage works must
      be completed in accordance with the approved plans to the satisfaction
      of the City.
   5. The on-site drainage system shall be maintained on an ongoing basis to
      the satisfaction of the City.
   6. Prior to occupation of the development, vehicle crossover(s) shall be
      constructed to the satisfaction of the City.
   7. Prior to occupation of the development, the car parking and loading
      area(s), and vehicle access and circulation areas shown on the approved
      site plan, including the provision of disabled car parking, is to be
      constructed, drained, and line marked to the satisfaction of the City.

                                       Page 26
ORDINARY COUNCIL MEETING MINUTES                             12 MARCH 2007

  8. All car parking/loading areas, and vehicle access and circulation areas,
     are to be maintained and available for car parking/loading, and vehicle
     access and circulation on an ongoing basis to the satisfaction of the
     City.
  9. Prior to occupation of the development, landscaping is to be completed
     in accordance with the approved plans or any approved modifications
     thereto to the satisfaction of the City.
  10. All landscaped areas are to be maintained on an ongoing basis to the
      satisfaction of the City.

                                                                CARRIED
                                                                       (8/0)
                                        RES. NO. [4727-12-03-06/07]




                                  Page 27
ORDINARY COUNCIL MEETING MINUTES                                             12 MARCH 2007

16.2.2 LOT 421 (38-40) WILSON STREET, KALGOORLIE - PLANNING
       APPLICATION FOR THREE, TWO STOREY GROUPED DWELLINGS

File No:                              WIL 17 38-40

Attachment(s):                        Location Plan
                                      Plans of Proposed Development

Applicant:                            Blair Lunt
Owner:                                Allens Business Group Pty Ltd
Receipt Date:                         13 February 2007
Application:                          P039/07
Responsible Officer:                  Tony Chisholm
                                      Director Community & Development Services
Author:                               Cameron Leckey
Author Disclosure of Interest: Nil


EXECUTIVE SUMMARY
Council is requested to consider an application for town planning approval for the
construction of three, two storey grouped dwellings at Lot 421 (38-40) Wilson Street,
Kalgoorlie.

The application is recommended for conditional approval.

BACKGROUND
The site is located on the western side of Wilson Street between the intersections of
Egan and MacDonald Street (See attached location plan). The subject site is
currently vacant.

The area of the lot is 579m² and it is zoned „Central Business R60‟ in the City of
Kalgoorlie-Boulder Town Planning Scheme 1 („the Scheme‟).

The proposal has been assessed against the Acceptable Development Criteria set
out in the Residential Design Codes of Western Australia (2002) („R-Codes‟). The
development complies with all relevant Acceptable Development Criteria (including
visual privacy), aside from plot ratio. Plans of the proposed development are
attached to this report.

Table 1 of the Residential Design Codes requires a maximum plot ratio of 0.66. The
definition of „Plot Ratio‟ as per part two of the R-Codes is provided below:

     Plot Ratio: The ratio of the gross total of the areas of all floors of buildings on a
     site to the area of land within the site boundaries.




                                           Page 28
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007

It should be noted that not meeting any Acceptable Development Criteria, in and of
itself, is not a sound basis on which to refuse or require modifications to a proposal.
Instead, the proposal must be considered in the context of the relevant Performance
Criteria.

The performance criteria for housing density, including plot ratio, is as follows–

     3.1.1
     P1       Development of dwellings of the type and density indicated by the R-
              Code designated in the Scheme.

Further discussion on the proposed development in relation to the above
performance criteria is included in the „Comment‟ section of this report.

The proposed wall height exceeds 4.0m (namely 5.0m) which is outside
current officer delegations. This figure is used to ensure that two storey
buildings, where they do not comply with the Acceptable Development Criteria,
are presented to Council.

CONSULTATION
The application was referred to the City‟s Environmental Health, Waste Management,
Building and Engineering Services.

Comments received from these departments are reflected in the recommendations of
this report.

The application was not advertised to the adjoining landowners as the proposed
development meets the acceptable development provisions in terms of boundary
setbacks, and visual privacy.

FINANCIAL IMPLICATIONS
There are no direct financial implications resulting from the recommendations of this
report.

COMMENT
Plot ratio is included in the R-Codes as a secondary control of housing density in
higher density areas. While it is a relatively effective means of controlling building
bulk in certain developments, it is not considered to be applicable in this situation as
the proposed development is consistent with the primary density controls and
housing type as specified by the Scheme.

Based on the information above, it is recommended that the application be approved
subject to appropriate conditions.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:                CR HAIGH

                                        Page 29
ORDINARY COUNCIL MEETING MINUTES                               12 MARCH 2007

SECONDED:          CR ROADNIGHT
That Council grant town planning approval for three, two storey grouped
dwellings at Lot 421 (38-40) Wilson Street, Kalgoorlie (P039/07) in accordance
with the plans dated 13 February 2007, submitted by Blair Lunt and owned by
Allens Business Group Pty Ltd, subject to the following conditions:

   1. The development hereby permitted must substantially commence within
      two (2) years from the date of this decision letter.

   2. The development hereby permitted taking place in accordance with the
      approved plans.

   3. Prior to commencement of the development, detailed drainage plans
      shall be submitted to the satisfaction of the City.

   4. Prior to occupation of the development, stormwater drainage works must
      be completed in accordance with the approved plans to the satisfaction
      of the City.

   5. Prior to the occupation of the development, vehicle crossover(s) shall be
      constructed to the specification and satisfaction of the City.

   6. Prior to occupation, the development hereby permitted shall be
      connected to an approved effluent disposal system to the specifications
      of the City.

   7. The on-site drainage system shall be maintained on an ongoing basis to
      the satisfaction of the City.

                                                                  CARRIED
                                                                         (8/0)
                                         RES. NO. [4728-12-03-06/07]




                                   Page 30
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007

16.2.3 LOT 4951 (25) HANNAN STREET, KALGOORLIE - STRATA PLANS
       RECOMMENDATION: APPROVED

File No:                           A13893

Attachment(s):                     Form 7
                                   Strata Plans
                                   Site Plan
                                   Floor Plan
                                   Elevations
                                   Engineer's Report


Applicant's Name:                  Spectrum Survey & Mapping
Owner's Name:                      Goldstone Nominees Pty Ltd
Responsible Officer:               Tony Chisholm
                                   Director Community & Development Services
Administrator Assessment No: A13893
Date Plans Were Submitted:         23/10/06
Author:                            Tanya Cox

Author Disclosure of Interest: Nil

Councillor Haigh declared an indirect financial interest in this item due to “My
company is undertaking work on this project”, and left the meeting at 7.06pm.


EXECUTIVE SUMMARY
An application has been received to strata Lot 4951 (txtBox1, Kalgoorlie.

The development consists of eight residential units.

In accordance with the provisions of the Strata Titles Act 1985, Council approval must
be sought for the application.

The applicant has submitted plans and a consulting Engineer‟s Report in accordance
with the City‟s Policy on Strata Plans.

BACKGROUND
Where the City receives an application for Strata Title and there is no record of plans
and specifications (i.e. there are no building approval records, for instance, if it is an
old building), the Strata Titles Act requires applications to be presented to the Local
Government for endorsement. The Strata Titles Act does not allow for this function to
be delegated.



                                        Page 31
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

COMMENT
All follow up items on the Engineer‟s Report dated the 8 February 2006 (received on
the 2/02/07) have now been completed as per the letter dated 29 November 2006
(received on the 5/01/07). The consulting Engineer‟s Report is attached.

STRATEGIC IMPLICATIONS
There are no direct strategic implications through approving this application.

STATUTORY IMPLICATIONS
The proposed Strata Plan is in accordance with the Strata titles Act and Regulations.

POLICY IMPLICATIONS
There are no direct policy implications through approving this application.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendation of this report.

FINANCIAL IMPLICATIONS
There are no direct financial implications through approving this application.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:                CR JOHNSON
SECONDED:             CR BOTICA
That Council:-

1.    In accordance with Section 23, Part 3 of the Strata Titles Act 1985, certify
      that the building shown on Strata Plan for Lot 4951 (25) Hannan Street,
      for Spectrum Survey & Mapping has been inspected and the
      modifications are consistent with the building plan and specifications
      relating to the modification.

2.    Authorise the Chief Executive Officer to sign the said Strata Title
      Certificate (Form 7).

                                                                          CARRIED
                                                                                 (7/0)
                                               RES. NO. [4729-12-03-06/07]
Cr Haigh rejoined the meeting at 7.07pm.



                                       Page 32
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

16.3   GENERAL

16.3.1 BOULDER SHORT STAY FACILITY

File No:                          0000

Responsible Officer:              Tony Chisholm
                                  Director Community & Development Services
Author:                           Christine Rutz

Author Disclosure of Interest: Nil

Councillor Roadnight declared an interest affecting impartiality in this item due to
“Chairman, Investing In Our Community (Kalgoorlie-Boulder) who are working with
Council on the project”.


EXECUTIVE SUMMARY
Further to the last report, potential sources of operating funds and a facility manager
have been identified for the Boulder Short Stay Facility (BSSF). A Federal funding
source has been identified through the Department of Indigenous Affairs,
commencing in the financial year 2008/09. The purpose of this item is to seek
endorsement, from Council, to formally approach the various organisations to request
funding transfers to allow operation of the facility to commence sooner than 2008/09.

BACKGROUND
Council previously considered the position of the Boulder Short Stay Facility project
at the ordinary Council meeting of 11 December 2006. At that meeting Council
resolved as follows:

       “THAT COUNCIL, HAVING CONSIDERED A STATUS REPORT ON THE
       OPERATIONAL ASPECTS OF THE BOULDER SHORT STAY FACILITY
       PROJECT:

       1.    ACKNOWLEDGE    THAT   NO    COMMUNITY     GROUPS   OR
             ORGANISATIONS HAVE BEEN IDENTIFIED THAT ARE PREPARED
             TO TAKE ON THE OPERATION OF THE FACILITY WITHOUT
             OPERATIONAL FUNDING BEING PROVIDED VIA CITY SOURCES.

       2.    WRITE TO THE MINISTER FOR INDIGENOUS AFFAIRS; TOURISM;
             CULTURE AND THE ARTS FORMALLY SEEKING ASSISTANCE
             FROM THE STATE GOVERNMENT FOR PROVISION OF
             OPERATING FUNDS FOR THE FACILITY, PARTICULARLY FOR THE
             INITIAL 12 MONTHS, EXPLAINING THAT WITHOUT SUCH FUNDS
             THE PROJECT IS UNABLE TO BE IMPLEMENTED.

       3.    FURTHER TO ITS EARLIER RESOLUTION TO SEEK APPROVAL
             FROM THE FUNDING BODY (AERF) FOR THE TRANSFER OF
             OWNERSHIP OF BSSF ASSETS TO THE APPOINTED SITE
             OPERATOR WITHIN A 3 YEAR PERIOD, AGREE TO MODIFY THAT


                                       Page 33
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007

              REQUEST FOR THE TRANSFER TO BE UNDERTAKEN WITHIN A 36
              MONTH PERIOD AND TO INCLUDE THE STATE AS A POTENTIAL
              OWNER OF THE ASSETS.

       4.     WRITE TO THE MINISTER FOR INDIGENOUS AFFAIRS; TOURISM;
              CULTURE AND THE ARTS SEEKING A COMMITMENT FROM THE
              STATE TO UPGRADING AND PROVISION OF ONGOING
              MAINTENANCE SUPPORT FOR THE ZONE 6 BOULDER CAMP
              FACILITY.

       5.     IN THE EVENT THAT COUNCIL IS UNABLE TO SOURCE A
              SUITABLE OPERATOR AND FULL OPERATING COSTS BY 30TH
              JUNE 2007, THEN COUNCIL AGREES TO DISCONTINUE THE
              PROJECT.”


COMMENT
With regard to resolution item 3, correspondence was forwarded to the Alcohol
Education and Rehabilitation Foundation (AERF) and advice has been received that
the funding body is likely to be agreeable to transferring ownership of assets,
providing that a third party agreement is put in place to ensure that funded assets are
retained with the project.

In regard to resolutions numbered 2 and 4, the City wrote to the Minister on 27
December 2006. Further to that, the City‟s Chief Executive Officer, Don Burnett, has
been approached by Department of Indigenous Affairs to advise that a source of
operational funding has been identified for the project, which would be appropriated
through the Department of Indigenous Affairs (DIA). Through this facilitation, the
Boulder Short Stay Facility project has been offered three amounts of $300,000 in the
three financial years of 2008/09, 2009/10 and 2010/11, totalling $900,000, allocated
to operating costs of the facility. This funding has resulted in the likelihood of
securing a managing body to operate the facility. Furthermore a Federal Government
source of additional capital funding (should it be required) has also been identified by
the DIA.

Because the operational funding commences after the next financial year, and the
project is planned to commence sooner, it was considered to be feasible to propose
reallocating parts of the AERF capital funding in order to provide sufficient operating
funds for 2007/08.

Currently the agreement with AERF provides $150,000 operating and $300,000
capital funding. Initial discussions have been held with the AERF to seek advice on
the likelihood of gaining approval to reallocate $150,000 from the capital provision of
$300,000, towards the first year‟s operation of the facility, thereby providing a total of
$300,000 operating funds towards the first year‟s 2007/08 operating costs.

A positive response has been received, provided that the funds are not used for
wages or salaries, but are used for equipment and infrastructure et cetera, and an
operational budget is provided. The transfer of funds would be facilitated through a
variation to the AERF funding agreement.

                                        Page 34
ORDINARY COUNCIL MEETING MINUTES                                       12 MARCH 2007



The DIA has advised that the resulting $150,000, deficit in the project‟s capital
budget, can be replaced through Federal funding sourced from the Indigenous
Community Visitors Accommodation Strategy. The DIA is able to seek this capital
funding on the City‟s behalf through their negotiations with the Commonwealth.

Approaches have again been made to Aboriginal Hostels Limited (AHL) as the
preferred operator based on that organisation having experience with operating such
facilities across the State, including Trilby Cooper hostel in Kalgoorlie. It is proposed
that Council seek in principal agreement with AHL to take on the operations of the
BSSF. All funding for the facility will be external to the City. Positive discussions
have been held with the state manager of AHL, Mr Brett Hill, who has undertaken to
prepare an operating budget for the project based on the scope outlined in a
management plan and operating guidelines previously prepare by Investing in Our
Community.

The DIA has advised that, based on operation of other similar facilities, $300,000,
plus client income, is likely to be sufficient to the run the facility.

Officers are in the process of revising capital estimates and quotes for the BSSF
project, as the previously reported costings are dated. There is the possibility of
gaining some top up capital funding via the Indigenous Community Visitors
Accommodation Strategy.

The officer‟s recommendation has been formulated to enable formal approaches to
be made to the DIA, AERF and AHL presenting the funding and facility management
proposed outlined in this report.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
The proposals outlined in the officer‟s recommendations are based on the project
capital and operating funds being provided from external sources. Major expenditure
to date on this project includes $69,000 for purchase of nine transportable buildings
from Main Roads. A commitment has also been made to spend approximately
$15,000 on relocation of a transportable house from Paddington to Kalgoorlie.

COMMUNITY CONSULTATION
Planning for this project has involved extensive consultation with community
members who are likely to benefit from having a safe and controlled haven to stay at
when visiting Kalgoorlie-Boulder.

VOTING REQUIREMENTS
Simple


                                        Page 35
ORDINARY COUNCIL MEETING MINUTES                                    12 MARCH 2007

OFFICER RECOMMENDATION
That Council, having considered potential additional funding sources for the Boulder
Short Stay Facility project:

   1. Formally approach the Alcohol Education and Rehabilitation Foundation
      requesting to reallocate $150,000 from its capital allocation of $300,000,
      toward operating expenditure in order to bring the total of operating funds to
      $300,000, to facilitate commencement of operations in 2007/08.

   2. Formally approach the Department of Indigenous Affairs requesting that
      applications be made to seek capital funding from the Indigenous Community
      Visitors Accommodation Strategy to replace the $150,000 of re-allocated
      Alcohol Education and Rehabilitation Foundation funding to fund any shortfall
      identified through a revision of the project capital cost estimate.

   3. Formally approach the Department of Indigenous Affairs to acknowledge the
      office of $300,000 per annum operating funds for commencement in year
      2008/09.

   4. Seek a commitment from Aboriginal Hostels Limited to fulfil the role of facility
      manager based on external operational funds of $300,000 per annum.

   5. Reaffirm its previous resolution to support the transfer of ownership of Boulder
      Short Stay Facility assets to the appointed site operator within a 36 month
      period from commencement of operations.

Alternative Recommendation

COUNCIL RESOLUTION

MOVED:               CR ROADNIGHT
SECONDED:            CR BOTICA
That Council, having considered potential additional funding sources for the
Boulder Short Stay Facility project:

   1. Formally approach the Alcohol Education and Rehabilitation Foundation
      requesting to reallocate $150,000 from its capital allocation of $300,000,
      toward operating expenditure in order to bring the total of operating
      funds to $300,000, to facilitate commencement of operations in 2007/08.

   2. Formally approach the Department of Indigenous Affairs requesting that
      applications be made to seek capital funding from the Indigenous
      Community Visitors Accommodation Strategy to replace the $150,000 of
      re-allocated Alcohol Education and Rehabilitation Foundation funding to
      fund any shortfall identified through a revision of the project capital cost
      estimate.

   3. Formally approach the Department of Indigenous Affairs to acknowledge
      the offer of $300,000 per annum operating funds for commencement in
      year 2008/09 for the first three years of operation.

                                      Page 36
ORDINARY COUNCIL MEETING MINUTES                              12 MARCH 2007

  4. Seek a commitment from Aboriginal Hostels Limited to fulfil the role of
     facility manager based on external operational funds of $300,000 per
     annum for the first three years of operation.

  5. Reaffirm its previous resolution to support the transfer of ownership of
     Boulder Short Stay Facility assets to the appointed site operator within a
     36 month period from commencement of operations.



                                                                  CARRIED
                                                                         (8/0)
                                         RES. NO. [4730-12-03-06/07]




                                  Page 37
ORDINARY COUNCIL MEETING MINUTES                                  12 MARCH 2007

16.3.2 OASIS STAGE 3

File No:                        0000

Attachment(s):                  Wave Loch Federation Licence Agreement

Responsible Officer:            Tony Chisholm
                                Director Community and Development Services
Author:                         Tony Chisholm

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
This report is provided further to report presented to the Oasis Management
Committee on 22 February 2007 and pursuant to the committee recommendation
from that meeting. The Oasis Stage 3 project comprises the construction of a
standing wave device, thrill water slide and associated infrastructure.    The
recommendation of this report is to proceed with selection of the “FlowRider TM”
product for the standing wave device component of the project.

BACKGROUND
Council, at its Special Meeting of 18 December 2006, considered a report on tenders
received for this project and resolved as follows:

      “THAT COUNCIL, HAVING CONSIDERED TENDERS RECEIVED FOR
      TENDER NO. T013 – 06/07 (DESIGN AND CONSTRUCTION OF A
      STATIONARY WAVE DEVICE, WATER SLIDE AND ASSOCIATED WORKS
      AT THE GOLDFIELDS OASIS):

      1.     AWARD THE STAGE 1 DESIGN COMPONENT OF THE TENDER TO
             SWIMPLEX AQUATICS PTY LTD FOR THE LUMP SUM TENDER
             AMOUNT OF $87,229 (INCLUDING GST).

      2.     ENDORSE THE SUBMISSION OF A FORMAL APPLICATION FOR
             $550,000 (INCLUDING GST) OF FUNDING FROM THE REGIONAL
             PARTNERSHIPS PROGRAM.

      3.     REQUIRE OFFICERS TO PURSUE OTHER SOURCES OF FUNDING
             IN AN ENDEAVOUR TO REDUCE THE OVERALL LEVEL OF
             COMMITMENT REQUIRED BY COUNCIL.

      4.     UPON CONFIRMATION OF FUNDING AND COMPLETION OF THE
             DESIGN PHASE, REQUIRE A FURTHER REPORT TO COUNCIL
             FOR CONSIDERATION OF AWARDING THE CONSTRUCTION
             COMPONENT OF THE PROJECT.”




                                     Page 38
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

COMMENT
Progress in relation to resolution items 2 and 3 was reported to the Oasis
Management Committee meeting of 22 February 2007.

Progress as to the design aspect of the project was also reported to the February
committee meeting, with reference to the contractor investigating the possibility of
using alternative standing wave device products. The tender submitted by Swimplex
was based on using the “FlowRiderTM” product.

A report was made to the committee meeting on the contractor‟s initial findings in
relation to three different wave device options being investigated. Matters raised for
consideration in that report included:

      Rider experience and degree of difficulty
      Safety
      Capacity (rides per hour)
      Maintenance and durability
      Energy consumption
      Licence conditions

Further advice has subsequently been received from Geoff Leaver of Swimplex
indicating that the Scottish Surfrider Product by Murphy Waves will not have a device
up and running before September 2007 following completion of prototype testing.
Even though that product is considered to have the potential to more closely reflect
surfing conditions, its stage of development is not advanced enough to suit the Oasis
project. The Australian Latitube product is considered to be too much of a departure
from the project scope and expectations previously documented. It covers a footprint
of 30m x 8m, being considerably more than 15m x 6m footprint of the other two
products. The Latitube device relies heavily on computerised sensoring devices and
more moving parts than the other products with greater potential for maintenance
problems. That product has yet to go into production.

The patented FlowRiderTM product is that which has been referenced in previous
reports to Committee and Council. It is based on directing a thin (40-80mm) sheet of
water over a flat inclined surface. Whilst an off-the-shelf “wave in a box” product can
be supplied with grating to capture water into a catchment tank, it is possible to divert
all or part of the spent water towards an ancillary „rapid chute‟ ride with no additional
energy cost.

The rider experience on the FlowRiderTM product is described as quite different to
real surfing and is more akin to snowboarding. First time body boarders can gain a
degree of competence quite quickly, whereas stand-up riding takes some skill to
master. With the ride surface being likened to a trampoline mat which flexes when
impacted, the likelihood of injuries from falls is minimal. The device is required to be
supervised by a pool attendant. As previously reported, between 200 to 240 rides
per hour is a typical turnover capacity.

The ride surface is a heavy-duty reinforced plastic membrane kept taut by tension
devices and has a 5 year life expectancy, with a replacement cost in the order of

                                        Page 39
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

$15,000. Allowing also for pump recoating and annual maintenance, this is still
expected to be within the previously reported maintenance allowance of $22,000 per
year for the FlowRiderTM. As the ride surface is a suspended sheet there is potential
for damage by vandalism, although the material is heat-gun weldable for repair of
minor cuts.

Energy consumption of the FlowRiderTM product is based on the requirement to run a
90-110kw pump which is similar to that previously reported to Council.

There are conditions associated with the FlowRiderTM licence, one being that only
FlowRiderTM branded boards can be used on the ride surface. With only a limited
number of boards required to be on hand, this is not expected to be a significant cost
impact or restriction. Cost of boards is expected to be in the order of about $150
each. Stand-up riding on the FlowRiderTM is licensed and although the licence is
free, it does lock the owner into conditions which include:

     Not conducting any wave riding contests without Wave Loch Federation
      sanction.
     All boards shall be purchased from Wave Loch or a certified Wave Loch
      Federation manufacturer.
     Wave Loch shall reserve the right to control competitive events images,
      including all copyrights, third party advertising or sponsorships,
      television / video / internet/ … images.

The standard licence agreement, as downloaded from the internet, is attached.
Comment from the City‟s Legal Officer will be distributed under separate cover.
Notwithstanding the comments from the Legal Officer, as a general comment
operational budgeting of the Stage 3 development does not rely heavily on income or
sponsorship from events. There are more than 35 Wave Loch installations
throughout the world, many of which manage to conduct events sanctioned by Wave
Loch.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
The 2006/07 Municipal Budget includes an allowance of $1.8m for this project,
leaving a shortfall of approximately $380,000 based on the tender received.
Expenditure to date on the project totals $8,175, for site investigation and preparation
of documentation for tendering. A submission has been made to the Goldfields
Esperance Area Consultative Committee for sourcing $550,000 (including GST)
capital funding from the Regional Partnerships Program. Officers are also pursuing
other possible funding sources, including the Regional Infrastructure Funding
Programme (through Department of Local Government and Regional Development),
in an endeavour to reduce the overall level of commitment required by Council.


                                       Page 40
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

A further report will be presented to Council recommending budget adjustments
required to facilitate 2006 / 07 expenditure noting that the project is being funded via
a combination of loans and possibly grants.

COMMUNITY CONSULTATION
This project has been subject to extensive consultation with youth of the City as well
as Oasis patrons and staff. As suggested at the last Oasis Management Committee
meeting, a bulletin has been placed on the Youth Council MySpace website seeking
interest from any youth in the City who may have knowledge and experience with
board riding. The purpose is to be able to use these contacts as references during
the design phase.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION
That Council accept the progress report on the Oasis Stage 3 project and agree:

1.    That the standing wave device for the design component of the project shall
      comprise the “FlowRiderTM” product per the tender submission by Swimplex
      Pty Ltd.

2.    To authorise the Chief Executive Officer to sign the Wave Loch Federation
      licence agreement (as attached) on behalf of the City.

Alternative Recommendation

COUNCIL RESOLUTION

MOVED:               CR ROADNIGHT
SECONDED:            CR HAIGH
That Council accept the progress report on the Oasis Stage 3 project and
agree:

1.    That the standing wave device component of the project shall comprise
      the “FlowRider™” product per the tender submission by Swimplex Pty
      Ltd.

2.    To consider a further report to Council on the adoption of the Wave Loch
      Federation licence agreement.

                                                                         CARRIED
                                                                                 (8/0)
                                              RES. NO. [4731-12-03-06/07]


                                       Page 41
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007



17     ENGINEERING SERVICES
17.1   OPERATIONS

17.1.1 CLEANING OF PAVEMENTS AND STREET FURNITURE - KALGOORLIE
       AND BOULDER CBD'S – TENDER NUMBER T001 - 06/07

File No:                          120307

Responsible Officer:              Rob Radosevich
                                  Director Engineering Services
Author:                           Paul Mofflin
                                  Manager Parks & Reserves

Author Disclosure of Interest: Yes - Authors wife in process of purchasing
                               business in Kalgoorlie CBD

Councillor Johnson declared a direct financial in this item due to “submitted tender for
this item”, and left the meeting at 7.10pm.


EXECUTIVE SUMMARY
Council, at its meeting of 26 June 2006, authorised the CEO to call tenders for a
three (3) year contract period for the cleaning of pavements and street furniture in
both the Kalgoorlie and Boulder central business districts. The purpose of this item is
to seek a determination from Council on award of tender.

Tenders were duly advertised in accordance with Part 3 – Tenders for the Provision
of Goods and Services of the Local Government (Functions and General)
Regulations 1996.

BACKGROUND
Tenders were called in accordance with the above resolution. A total of seven (7)
sets of documents were issued following advertising, however by the close of tenders
on 19 January 2007, only two (2) submissions had been received.

Of the submissions received, Johnnoclan Holdings Pty Ltd and Veolia Environmental
Services are eligible for the application of Local Content Preference Policy as both
businesses operate from and have premises within the City of Kalgoorlie-Boulder.

The tenderers‟ monthly Lump Sum Prices (inclusive of GST) are detailed below:

     JOHNNOCLAN HOLDINGS                         VEOLIA ENVIRONMENTAL
Boulder CBD
Cleaning              $4408.80             Cleaning                        $6624.20
Sweeping              $3520.00             Sweeping                        $4287.45
Kalgoorlie CBD
Cleaning              $6666.00             Cleaning                       $12434.40
Sweeping              $5280.00             Sweeping                        $7915.28

                                       Page 42
ORDINARY COUNCIL MEETING MINUTES                                        12 MARCH 2007

Total Mthly Cost             $19,874.80                                   $31,261.33
Total Yearly Cost           $238,497.60                                  $375,135.95

COMMENT
The tender documentation was reviewed by a specialist consultant in Local
Government tendering prior to advertising to ensure that the documentation
addressed all of the City‟s requirements.
Furthermore, the scope of works contained within the document allows for daily spot
cleaning as this was identified as a shortfall during the term of the previous contract.
These additional works are reflected in the costs provided by the tenderers‟ when
compared with the previous contract.

The submissions were reviewed by the Manager of Parks and Reserves, Manager of
Engineering Services and the Environmental Co-Coordinator to ensure compliance
with the specification, the conditions contained within the tender documentation and
the selection criteria.

The following table depicts the average weighting from the selection panel based on
the selection criteria contained within the tender documentation. The score is out of
ten with ten being the highest score and one being the lowest.

                                              Johnnoclan          Veolia
Selection Criteria                   Weight   Score Weight        Score     Weight
                                                      Score%                Score%
Demonstrated understanding           30%      8.3     24.9        9         27.0
Capacity                             30%      7.6     22.8        8.3       24.9
Demonstrated Experience              35%      7.3     25.5        7.3       25.5
Social and Economic Effects          5%       8.6     4.3         6.6       3.3
Totals                                                77.5%                 80.7%

Based on the scores attained by both contractors, it is evident that both tenderers‟
have the ability and capacity to undertake the works and have an understanding of
the requirements as contained within the scope of works.

As the previous contractor, Johnnoclan Holdings has a thorough local knowledge and
understanding of the scope of the works.

Veolia has experience with the City of Bunbury undertaking similar works, where the
company has been engaged in cleaning of paths for two only five (5) year term
contracts.

Given the evenness of the weightings of the bids, it is considered that the submission
received from Johnnoclan Holdings offers the best value for money for Council and it
is therefore recommended that Council award the tender accordingly.

STATUTORY IMPLICATIONS
The officer‟s recommendation in this report is made in accordance with the relevant
provisions of the Local Government Act and Regulations quoted.


                                       Page 43
ORDINARY COUNCIL MEETING MINUTES                                      12 MARCH 2007

POLICY IMPLICATIONS
Tendering was carried out in accordance with the following Council Policies:-

Tendering Policy
Local Content Preference Policy

The Local Content Preference Policy was applied to this tender however the
calculation has not been applied as both Tenders were eligible voiding any benefit to
either party.

FINANCIAL IMPLICATIONS
The allocation of $187,000 for the Cleaning of Pavements within the 2006/07 budget
under Schedule 12, COA 75762 (CBD Sweeping and Scrubbing), Job 7538 is
sufficient for the balance of this financial year and the additional funding required for
a full year of the contract will be addressed in the 2007/08 budget deliberations .

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:                CR PETZ
SECONDED:             CR WILLIAMS
That Council accept the tender offered by Johnnoclan Holdings Pty Ltd for the
cleaning of pavements and furniture in accordance with the conditions detailed
in the tender documentation for Tender Number T001 – 06/07, for a three year
term commencing 1 April 2007, in accordance with the following price structure
inclusive of GST:

                            JOHNNOCLAN HOLDINGS
               Boulder CBD
               Cleaning                            $4408.80
               Sweeping                            $3520.00
               Kalgoorlie CBD
               Cleaning                            $6666.00
               Sweeping                            $5280.00
               Total Mthly Cost                  $19,874.80
               Total Yearly Cost                $238,497.60

                                                                          CARRIED
                                                                                  (7/0)
                                               RES. NO. [4732-12-03-06/07]

                                        Page 44
ORDINARY COUNCIL MEETING MINUTES              12 MARCH 2007

Cr Johnson rejoined the meeting at 7.11pm.




                                    Page 45
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007



18     CORPORATE SERVICES
18.1   FINANCE & ADMINISTRATION

18.1.1 ACCOUNTS PAYABLE FOR THE MONTH OF FEBRUARY 2007

File No:                          NIL

Attachment(s):                    Cancelled payments
                                  Municipal account cheques
                                  Trust account cheques
                                  Municipal account EFT payments

Responsible Officer:              Eddie Piper
                                  Director Corporate Services
Author:                           Nicole Radosevich

Author Disclosure of Interest: NIL



EXECUTIVE SUMMARY
Attached is the schedule of accounts payable for the month of February 2007.

BACKGROUND
Nil

COMMENT
No comment is offered on this occasion.

STATUTORY IMPLICATIONS
There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS
There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Simple


                                        Page 46
ORDINARY COUNCIL MEETING MINUTES                       12 MARCH 2007

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:           CR ROADNIGHT
SECONDED:        CR PETZ
That Council receive the schedule of accounts payable for the month of
February 2007.

                                                          CARRIED
                                                                (8/0)
                                     RES. NO. [4733-12-03-06/07]




                               Page 47
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

18.2   GENERAL

18.2.1 LOCAL GOVERNMENT COMPLIANCE AUDIT RETURN - 1 JANUARY 2006
       TO 31 DECEMBER 2006

File No:                          NIL

Attachment(s):                    Compliance Audit Return - 1 January 2006 to 31
                                  December 2006

Responsible Officer:              Eddie Piper
                                  Director Corporate Services
Author:                           Sean Fletcher/Gale Rabski

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
Pursuant to Regulations 14 and 15 of the Local Government (Audit) Regulations
1996, local governments are required to carry out annual audits of compliance.

Attachment 1 contains the City of Kalgoorlie Boulder Compliance Audit for 2006.

BACKGROUND
The Local Government Compliance Audit Return 1 January 2006 to 31 December
2006 is presented to Council for adoption and submission to the Department of Local
Government and Regional Development. The Return is due for submission by 31
March 2007. The return is to be jointly certified by the Mayor and the Chief Executive
Officer.

COMMENT
The return is seen as an internal control monitoring process and as such is a useful
tool for the Chief Executive Officer to report to Council and the Minister for Local
Government on the City of Kalgoorlie Boulder‟s performance against our statutory
obligations.

The Chief Executive Officer and respective officers have assessed their operations in
respect of statutory obligations outlined in the Compliance Return and believe the
answers given indicate an accurate perspective of Council‟s compliance to date.

The Department has introduced electronic recording and lodgement for the 2006
Compliance Audit return.

Instead of posting out hard copies of the Compliance Audit Return, the Department
has installed the return on its website so that it can be more easily accessed by local
governments.

Non compliance issues are as follows:


                                        Page 48
ORDINARY COUNCIL MEETING MINUTES                                    12 MARCH 2007



Disclosure of Interest

Question No. 6       Was an annual return lodged by all continuing Elected Members
                     by 31 August 2006?

One Elected Member did not submit their return by the due date. The Elected
Member concerned states that they believe a return was lodged, however, the
administration has no record of ever having received the return. As of the date of
compiling this agenda (6 March 2007), the administration have not received a return
despite repeated requests and numerous blank forms being supplied.

Finance

Question No. 6       After a plan for the future, or modifications to a plan were
                     adopted under regulation 19C, did the local government give
                     public notice in accordance with subsection (2).

Misinterpretation of regulation regarding a new requirement by the Officer responsible
for managing the plan. Staff are now aware of what is required under the Act and a
procedure has been put in place.


A copy of the completed return follows an attachment signed and dated by the
respective Officers.

STATUTORY IMPLICATIONS
Both the Local Government Act 1995 and the Local Government (Audit) Regulations
1996 set out the statutory requirements for the Compliance Audit.

In particular, Section 7.13 (i) of the Local Government Act 1995 states that
regulations may make provision requiring local governments to carry out, in the
prescribed manner and in a form approved by the Minister, an audit of compliance
with such statutory requirements as are prescribed whether those requirements are –

       (i)    of a financial nature or not; or
       (ii)   under this Act or another written law.

Accordingly, regulations 14 and 15 of the Local Government (Audit) Regulations
1996 stipulate:

14.    Compliance Audit return to be prepared

       (1)    A local government is to carry out a Compliance Audit for the period 1
              January to 31 December in each year.

       (2)    After carrying out a Compliance Audit the local government is to
              prepare a compliance audit return in a form approved by the Minister.

       (3)    A Compliance Audit return is to be

                                       Page 49
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007



             (a)    presented to the council at a meeting of the council;
             (b)    adopted by the council; and
             (c)    recorded in the minutes of the meeting at which it is adopted.

      (Regulation 14 inserted in Gazette 23 April 1999 pp 1724-5)

15.   Completion of Compliance Audit.

      (1)    After the Compliance Audit return has been presented to the Council in
             accordance with regulation 14 (3) a certified copy of the return together
             with-

             (a)    a copy of the relevant section of the minutes referred to in
                    regulation 14 (3) (c); and
             (b)    any additional information explaining or qualifying the
                    Compliance Audit

             Is to be submitted to the Executive Director by 31 March next following
             the period to which the return relates.

      (2)    In this regulation –

             “certified” in relation to a Compliance Audit return means signed by –

             (a)    the Mayor or President; and
             (b)    the CEO.

             (Regulation 15 inserted in Gazette 23 April 1999 p. 1725).



POLICY IMPLICATIONS
There are no policy implications from the recommendations of this report.

FINANCIAL IMPLICATIONS
There are no financial implications resulting from the recommendations of this report.

COMMUNITY CONSULTATION
No community consultation was considered necessary in relation to the
recommendations of the report.

VOTING REQUIREMENTS
Absolute

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:               CR ROADNIGHT
SECONDED:            CR PETZ

                                       Page 50
ORDINARY COUNCIL MEETING MINUTES                           12 MARCH 2007

That Council adopt the City of Kalgoorlie Boulder’s Local Government
Compliance Audit Return 1 January 2006 – 31 December 2006, as attached, and
that it be jointly certified by the Mayor and the Chief Executive Officer.

                                                     CARRIED BY
                                              ABSOLUTE MAJORITY
                                                                     (8/0)
                                       RES. NO. [4734-12-03-06/07]




                                 Page 51
ORDINARY COUNCIL MEETING MINUTES           12 MARCH 2007



19   QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
     Nil.




                           Page 52
ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007



20     INFORMATION BULLETIN
20.1.1 INFORMATION BULLETIN - 12 MARCH 2007

File No:                          0

Attachment(s):                    SSS Taskforce Bulletin
                                  Outstanding Debtors List
                                  Letter Received from Department of Health -
                                  Use of Recycled Water
                                  Infopage - WA Emergency Warning System
                                  2007 Association Honours
                                  Letter - West Australian Country Football
                                  League
                                  Building Statistics for February 2007

Responsible Officer:              Eddie Piper
                                  Director Corporate Services
Author:                           Lisa Young

Author Disclosure of Interest: Nil



EXECUTIVE SUMMARY
The purpose of this item is to update Elected Members on general information.

BACKGROUND
The officer‟s of the City of Kalgoorlie-Boulder regularly produce information items for
Councillors to receive. The latest items are listed below:

20.1   Systemic Sustainability Study Taskforce

For Council to receive the first bulletin in a regular communication process
established by the Systemic Sustainability Study Taskforce. The bulletin forms part
of a strategy to ensure regular and comprehensive communications are undertaken
with Local Government members and other interested parties on the progress of the
Taskforce in addressing sustainability issues in the sector. A copy of the bulletin is
attached.

20.2   DEC and DOIR Licence Updates

The purpose of this item is to keep Elected Members informed of all licences received
from the Department of Environment and Conservation and the Department of
Industry and Resources that City Officers have reviewed and do not believe require

                                       Page 53
ORDINARY COUNCIL MEETING MINUTES                                    12 MARCH 2007

amending. All licences are available from the City‟s Administration Office should
Elected members wish to peruse the licences.

As part of the Strugnell investigation, it was recommended that Officers keep Elected
members fully informed in regard to Department of Environment and Conservation
(DEC) and Department of Industry and Resources (DOIR) licences being issued that
impact on the City‟s infrastructure and residents.

To date 27 February 2007, three DEC Licences or Works Approvals have been
received by the City. These are noted in the table below:

                  Site                               Category
Nulife Pavecoat                       5 – Abrasive Blasting
JPN Rubber Lining                     5 – Abrasive Blasting
Adelaide Brighton Cement Ltd Transfer 12 – Screening etc of materials
of Licence from Loonganna Lime

Two applications to clear have been received from the DEC as listed below:

                                 Clearing Permit – 47.4 ha – Mineral
Australian Mines – Woodline Project
                                 Production – Purpose Permit
OMG Cawse Pty Ltd – Cawse Nickel Clearing Permit – 52.4 ha – Mineral
Operations – Faun Pit            Production – Purpose Permit

20.3   Contaminated Sites Act 2003

The purpose of this item is to inform Elected Members of a contaminated site located
at Lot 3358 (65) Porter Street, Kalgoorlie.

As the Ordinary Council meeting of 12 February 2007, Elected Members nominated
10 contaminated sites for inclusion under the Contaminated Sites Act 2003. Since
the preparation of the „Report of a known or suspected contaminated site‟ required by
the Department of Environment and Conservation, Officers have become aware of a
further site, namely Lot 3358 (65) Porter Street, Kalgoorlie, that was originally used
as a quarry and subsequently a landfill and was not previously nominated.

This site commonly known as “Monte Christo Quarry” was used as a landfill in the
period between 1947 and 1968. The Town of Kalgoorlie Council relinquished the
vesting of this site around 1968.

Due to the sites previous use as a landfill for the Kalgoorlie Council, it is a
requirement under the Contaminated Site Act 2003, that the City of Kalgoorlie-
Boulder nominate the site as a potentially contaminated site.

20.4   90 Days and Over Debtors Report as at 28 February 2007

The balance of the Sundry Debtors for the month ending 28 February 2007 is
attached for information.



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ORDINARY COUNCIL MEETING MINUTES                                     12 MARCH 2007

20.5   Application for Approval to Use Recycled Water on the Trotting Track at
       the Cruickshank Sports Arena

A response to the City‟s application to use recycled water on the trotting track at
Cruickshank Sports Arena was received on 19 February 2007 from the Department of
Health and is attached for information.

20.6   Infopage – WA Emergency Warning System

An infopage was received on 26 February 2007 from the Western Australian Local
Government Association regarding the introduction of the new WA Emergency
Warning System and is attached for information.

20.7   2007 Association Honours

Nominations are being called for the 2007 Association Honours by the Western
Australian Local Government Association.

The letter was received on 22 February 2007 including nominations forms and
criteria, which are attached for information.

20.8   West Australian Country Football League

A letter was received on 26 February 2007 from the West Australian Country Football
League outlining their statistics and also offering copies of their Strategic Plan for
2006-2008.

A copy of the letter is attached for information.

20.9   Building Statistics for February 2007

The building statistics for February 2007 are attached for information

Further Motion
Cr Daws put forward the following motion in response to the letter received from the
State Health Department on the use of recycled water at Cruickshank Sports Arena.

COUNCIL RESOLUTION
MOVED:                CR DAWS
SECONDED:             CR HAIGH
That Council informally seek further information from the Town of Narrogin
regarding the use of water on their recreational facilities including ovals and
tracks and enquire what State Health Department approval has been given.

                                                                         CARRIED
                                                                               (8/0)

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ORDINARY COUNCIL MEETING MINUTES                            12 MARCH 2007


                                             RES. NO. [4735-12-03-06/07]

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
MOVED:              CR BOTICA
SECONDED:           CR ROADNIGHT
That the Information bulletin be received.

                                                              CARRIED
                                                                    (8/0)
                                             RES. NO. [4736-12-03-06/07]




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ORDINARY COUNCIL MEETING MINUTES                              12 MARCH 2007



21   CONFIDENTIAL ITEMS
     Nil

22   DATE OF NEXT MEETING
     26 March 2007

23   CLOSURE
     There being no further business, the Chairman, Mayor Yuryevich, thanked
     Councillors and staff for their attendance at the meeting and declared the
     meeting closed at 7.16 PM.




                                  Page 57

								
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