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					CITY OF BAYSWATER


     MINUTES

      OF THE


 ORDINARY MEETING


    OF COUNCIL


    24 August 2010
ORDINARY COUNCIL MEETING MINUTES                                                           24 AUGUST 2010


                               TABLE OF CONTENTS

ITEM                                           SUBJECT                                                PAGE NO


1      OFFICIAL OPENING.............................................................................................1


2      RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE
       OF ABSENCE (PREVIOUSLY APPROVED) .....................................................1

       2.1            Attendance, Apologies and Absence                                                            1

       2.2            Leave of Absence (Previously Approved)                                                       2


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


4      APPLICATIONS FOR LEAVE OF ABSENCE ...................................................5

       4.1            Applicant: Cr Mike Anderton, JP                                                              5

       4.2            Applicant: Cr Sally Palmer                                                                   5

       4.3            Applicant: Cr Barry McKenna, Deputy Mayor                                                    5

       4.4            Applicant: Cr Alan Radford                                                                   5


5      CONFIRMATION OF MINUTES .........................................................................7

       5.1            Ordinary Meeting : 27 July 2010                                                              7

       5.2            Special Meeting : 20 July 2010                                                               7


6      DISCLOSURE OF FINANCIAL INTEREST SUMMARY ................................7

       6.1            Disclosures at Planning and Development Services &
                      Administration and Community Services Committee                                              7

       6.2            Disclosures at Technical Services & Finance Personnel
                      Committee                                                                                    8

       6.3            Disclosures at Ordinary Council Meetings                                                     9


7      URGENT BUSINESS.............................................................................................11




                                                  Page i
COUNCIL MEETING MINUTES                                                                              24 AUGUST 2010


         7.1  Strutt Reserve Consultation and Public Meeting Outcomes                                                        11
              Location:    Strutt Reserve
ABSOLUTE MAJORITY REQUIRED

         7.2              Appointment of Director of Administration and Community
                          Services                                                                                           21
Confidential Item

         7.3              Proposed Patio and Alfresco Additions to Existing Single
                          Dwelling                                                                                           23
                          Location:   Lot 168, No. 1 Rosaglen Rise, Noranda

         7.4              Donation to Pakistan Flood Relief Appeal                                                           28
                          Officer:     Director of Finance


8        PETITIONS ............................................................................................................30


9        MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN...............30

         9.1              Requests for Past Information                                                                      30

         9.2              Budget Surplus                                                                                     32


10       NOTICE OF MOTION FOR CONSIDERATION AT THE
         FOLLOWING MEETING IF GIVEN DURING THE MEETING ..................32


11       BUSINESS - PLANNING AND DEVELOPMENT SERVICES &
         ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE.........33

         11.1             Planning and Development Services                                                                  39

         11.1.1           Council Ratification of Planning Determinations under
                          Delegated Authority                                                                                39

         11.1.2           Subdivision and Amalgamation Responses under Delegated
                          Authority                                                                                          40

         11.1.3           Building Licences Issued under Council's Policy for Single
                          Residential Development                                                                            41

         11.1.4           Proposed Two Storey Single House                                                                   42
                          Location:  Lot 43, No. 36 Wheeler Street, Morley

         11.1.5           Proposed Two Storey Grouped Dwelling                                                               47
                          Location:  Lot 2, No. 44a McKenzie Way, Embleton

         11.1.6           Proposed Four (4) Single Storey Grouped Dwellings             53
                          Location:  Lots 1, 2 & 3 Nos. 19-19B Hudson Street, Bayswater

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COUNCIL MEETING MINUTES                                        24 AUGUST 2010

      11.1.7    Proposed Warehouse Addition                                    61
                Location:  Lot 31, Unit 2, No. 8 Boag Place, Morley

      11.1.8    Proposed Warehouse Extension and Wall Sign to Existing
                Warehouse                                                      66
                Location:  Lot 338, No. 39 Raymond Avenue, Bayswater

      11.1.9    Proposed Warehouse Addition to Existing
                Office/Showroom/Warehouse Development                          71
                Location:   Lot 728, Nos. 73-77 Beechboro Road South,
                            Bayswater

      11.1.10   Signage to Existing Child Day Care Centre                      77
                Location:    Lot 600, No. 68 Broun Avenue, Embleton

      11.1.11   Proposed Change of Use to Service Industry and Associated
                Alterations                                                   80
                Location:   Lot 6, Unit 6, No. 43 Caledonian Avenue, Maylands

      11.1.12   Proposed Change of Use to Convenience Store and Associated
                Alterations                                                    84
                Location:   Lot 3, Unit 3, No. 515 Walter Road East, Morley
CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST

      11.1.13   Proposed Change of Use to Restaurant/Fast Food Outlet and
                Associated Alterations                                         89
                Location:   Lot 50, Unit 2, No.4 Progress Street, Morley

      11.1.14   Amendment No. 43 to Town Planning Scheme No. 24                96
                Location: Lot 26, Nos 465-469 Guildford Road, Bayswater
                Lot       101, No. 497 Guildford Road, Bayswater

      11.1.15   Aviation Commemorative Park                                   107
                Location:   Reserve 33966, Clarkson Road, Maylands
CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST
ABSOLUTE MAJORITY REQUIRED

      11.2      Administration and Community Services                         116

      11.2.1    Aquatic Facilities Management Report- July 2010               116

      11.2.2    City of Bayswater Ranger Services Management Report – July
                2010                                                       117

      11.2.3    Centro Galleria Sunday Trading Permit                         119

      11.2.4    Section 26 Exemption – Application to Keep Three Dogs at a
                Premises                                                      121

      11.2.5    2010 Water Audit Report for the Bayswater Waves Aquatic
                Centre                                                        124


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COUNCIL MEETING MINUTES                                                                        24 AUGUST 2010

       11.2.6          Naming of the Maylands Multipurpose Centre                                                   128

       11.2.7          Outcare “Keeping Kids Out Of Crime” (KKOOC) Program
                       Status Report                                                                                131

       11.2.8          Police and Community Youth Centres (PCYC) Kensington
                       Annual Report (Youth Service – Zone Out)                                                     135

       11.2.9          Public Library Sector Reform Process – Progress Update                                       139

       11.2.10         2010 City of Bayswater Garden Awards & the 2010 Christmas
                       Lights Competition                                        143

       11.2.11         Review of the 2010 Autumn River Festival and Considerations
                       for 2011                                                    149

       11.2.12         Walktober 2010 – Community Activity                                                          153
                       Location:   Robert Thompson Reserve


12     BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL
       COMMITTEE ......................................................................................................155

       12.1            Technical Services                                                                           161

       12.1.1          Traffic Management - Anti Hoon Speed Humps Program                                           161
                       Location:   Langley Road, Bayswater

       12.1.2          Slade Street Traffic Management                                                              166

       12.1.3          Salisbury Street Traffic Congestion - St Peters Primary School 174
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED A FINANCIAL
INTEREST

       12.1.4          Rose Avenue Reserve (23080) - Boundary Amendment                                             179

      12.1.5  Riverbank Funding Update                                                                              181
ABSOLUTE MAJORITY REQUIRED

       12.1.6          Removal or Replacement of Water Spray/Aerator                                                184
                       Location:   Lake Bungana, Maylands

       12.1.7          EMRC Council Meeting - 22 July 2010                                                          189
CR GRAHAM PITTAWAY DECLARED AN IMPARTIAL INTEREST
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL
INTEREST
CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST

       12.1.8          Living Stream – Hillcrest Reserve Drainage Line                                              191

       12.1.9          Practical Responses to Climate Change National Conference
                       2010                                                                                         193


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COUNCIL MEETING MINUTES                                         24 AUGUST 2010

      12.2      Finance & Personnel                                          197

      12.2.1    Financial Reports for Period Ending 31 July 2010             197

      12.2.2    Accounts Payable as at 17 August 2010                        222

      12.2.3    Investment Portfolio as at 31 July 2010                      225

      12.2.4    Donation – Daniel Dols – Football West Australian Team –
                Cangjin Tournament, Korea                                    229

      12.2.5    Donation – Eleanor Latham – Australian Gymnastics
                Championships, Adelaide                                      231

      12.2.6    Donation – Eugenio Magri – Perth Soccer Club U-18’s Squad,
                Kuala Lumpur                                               232

      12.2.7    Donation - Haemophilia Foundation Australia                  233

      12.2.8    Donation – Kate Maher, National Cheerleading
                Championships, Melbourne                                     235

      12.2.9    Donation - RSL Bedford - Offset of Rate and Rubbish Charges 237

      12.2.10   Donation – Rocco Pizzata - 2010 Football Federation Australia
                National Youth Championships, Coffs Harbour                   238

      12.2.11   City of Bayswater Business Reference Group Nominees          240
CR SALLY PALMER, DECLARED A FINANCIAL INTEREST
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL
INTEREST
CR SYLVAN ALBERT, DECLARED A FINANCIAL INTEREST

      12.2.12   Christmas Street Banner Program                              244

      12.2.13   New Policy - Corporate Credit Card                           247

      12.2.14   Exemption from Rates - The Anglican Parish of
                Morley/Noranda                                               249
                Location:   77–79 Bramwell Road, Noranda

      12.2.15   Lauren and Hannah O'Brien – 2010 AusCheer National
                Championships, Melbourne                                     250

      12.2.16   Donation - Melissa O'Brien – Churchlands Senior High School
                Language Program – China Tour                               252


13    REPORTS OF MANAGEMENT/ADVISORY COMMITTEES ....................253

      13.1      Minutes of the Heritage Development Advisory Committee – 16
                August 2010                                                 253


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COUNCIL MEETING MINUTES                                                                    24 AUGUST 2010

        13.2           Minutes of the Youth Advisory Committee (YAC) – August
                       2010                                                                                     254

        13.3           Minutes of the Golf Courses Management Committee - 12
                       August 2010                                                                              256

        13.4           Minutes of the Robert Thompson Working Party – 18 August
                       2010                                                                                     257

        13.5           Minutes of the Disability Access and Inclusion Plan Committee
                       Meeting – July 2010                                           259

        13.6           Minutes of the Security Watch Advisory Committee – 9 August
                       2010                                                        261

        13.7           Minutes of the RoadWise Advisory Committee - 10 August
                       2010                                                                                     263
CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
CR SYLVAN ALBERT DECLARED A FINANCIAL INTEREST
CR SALLY PALMER DECLARED A FINANCIAL INTEREST
CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST
MR TED BUDZINSKI DECLARED AN IMPARTIAL INTEREST

        13.8           Minutes of the Meeting of the YMCA Management Advisory
                       Committee                                                                                266

        13.9           Minutes of the Meeting of the Information Technology
                       Advisory Committee                                                                       267

        13.10 Minutes of the Meeting of the Residential Aged Care Facilities
              Governance Committee                                           268
ABSOLUTE MAJORITY REQUIRED


14      MAYOR’S REPORT ...........................................................................................270


15      AFFIXING OF COMMON SEAL......................................................................272

        15.1           Authorisation for Affixing of the Common Seal                                            272


16      DISCUSSION OF MATTERS BEHIND CLOSED DOORS...........................273

        16.1           Planning and Development Services                                                        273

        16.1.1         Status Report - Planning Complaints/Zoning Breaches                                      274
CR ALAN RADFORD DECLARED A PROXIMITY INTEREST
CR BARRY MCKENNA DECLARED A PROXIMITY INTEREST




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COUNCIL MEETING MINUTES                                                                                     24 AUGUST 2010


              16.1.2            Proposed Lease - Bayswater Community Financial Services
                                Ltd                                                                                               276
                                Location:   Lot 39, No. 14 King William Street, Bayswater
CR SYLVAN ALBERT DECLARED A FINANCIAL INTEREST
CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
CR ALAN RADFORD DECLARED A FINANCIAL INTEREST
CR SALLY PALMER DECLARED A FINANCIAL INTEREST
MR TED BUDZINSKI DECLARED A FINANCIAL INTEREST

              16.1.3            Lots 346 and 347 Woollcott Avenue, Henley Brook/Albion      279
                                Location:   Lots 346 and 347 Woollcott Avenue, Albion/Henley
                                            Brook

              16.1.4            Outcome of Asbestos in the Workplace Audit – City of
                                Bayswater Buildings                                                                               281

              16.2              Administration and Community Services                                                             283

              16.2.1            Generations Care – Family House For Community Youth
                                Project Annual Report                                                                             283
                                Location:   Property Number 3298

              16.2.2            Contract at Zone Out – Youth Space at the Les Hansman
                                Community Centre Report                                                                           284

              16.3              Technical Services                                                                                285

              16.4              Finance and Personnel                                                                             286


CLOSURE..............................................................................................................................287




                                                             Page vii
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



                               CITY OF BAYSWATER

Minutes of the Ordinary Meeting of the Bayswater City Council which took place in the
Council Chambers, City of Bayswater Administration Centre, 61 Broun Avenue, Morley on
Tuesday, 24 August 2010.




                                    MINUTES



1           OFFICIAL OPENING


The Chairperson, His Worship the Mayor Cr Terry Kenyon, JP, welcomed those in attendance
and declared the meeting open for the ordinary business of Council at 7.01pm.


2           RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF
            ABSENCE (PREVIOUSLY APPROVED)


2.1         Attendance, Apologies and Absence


COUNCIL RESOLUTION
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that
the following Attendance, Apologies and Absences be accepted:
Members

West Ward
Cr Terry Kenyon, JP, Mayor            Chairperson
Cr Marlene Robinson
Cr Terry Blanchard

Central Ward
Cr Barry McKenna, Deputy Mayor
Cr Michael Sabatino
Cr Sally Palmer

North Ward
Cr Alan Radford
Cr Graham Pittaway, OAM




                                        Page 1
ORDINARY COUNCIL MEETING MINUTES                                    24 AUGUST 2010



South Ward
Cr Sonia Turkington
Cr Sylvan Albert

Officers
Ms Francesca Lefante              Chief Executive Officer
Mr Ted Budzinski                  Director of Finance
Mr Des Abel                       Director of Planning and Development Services
Mr Doug Pearson                   Director of Technical Services
Ms Beverley Bridgland             A/Director of Administration and Community Services
Mr Jon Vines                      Coordinator Recreation Services
Mr Martyn Boyle                   Executive Projects Officer/Media
Ms Erika Kern                     Minutes/Agenda Officer
Ms Wardia Du Toit                 PA Director of Technical Services

Apologies
Cr Mike Anderton, JP
Ms Debbie Todorovic               Executive Assistant

Observers
0 Press
76 Public

Absence
Nil.
                                                         CARRIED UNANIMOUSLY

2.2         Leave of Absence (Previously Approved)

Nil.




                                        Page 2
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



3          PUBLIC QUESTION TIME


In accordance with Section 5.24 of the Local Government Act 1995, time is allocated for
questions to be raised by members of the public.

Preamble and personal statements are placed on file, but do not form part of the minutes.
Only public questions are included.

Public Question Time commenced at 7:02pm.
The following questions were submitted both in writing and verbally:


1.         Pat Mackean, 147 Salisbury Street, Bedford
Question 1
Is the “No Parking” sign going to shift when the crossover near Jan Panton’s crossover is
laid?

Question 2
What has been decided about a cul-de-sac suggested for Salisbury Street?

Question 3
What about a roundabout or a T-Junction instead of a cul-de-sac?

His Worship the Mayor, Cr Terry Kenyon, JP advised that he will provide a written response
to these questions.
A copy of Council’s written response can be located at Appendix 1.

2.         Flora Echart, 15 Swan View Terrace, Maylands
Question 1
When will the footpath on the south west side of Delacey Reserve be built?

His Worship the Mayor, Cr Terry Kenyon, JP advised that he will provide a written response.
A copy of Council’s written response can be located at Appendix 2.

3.         John Cotton, 6 Wirraway Loop, Maylands
Question 1
Request to defer Item 12.1.6 (Removal or Replacement of Water Spray/Aerator) until the
residents and other people in that area with interest can have some form of input.

His Worship the Mayor, Cr Terry Kenyon, JP thanked Mr Cotton for his question.




                                           Page 3
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



4.          Derek Atkinson, 8 Stirling Court, Noranda
Question 1
When considering the Officer’s report, will you and your fellow Councillor’s keep in mind
the feelings expressed by the residents:
a)    At the public meeting,
b)    Being here tonight which most of the people here are from the Strutt area,
c)    In supporting our petition and thereby demonstrate to the residents that their concerns
      have been taken into account.

His Worship the Mayor, Cr Terry Kenyon, JP advised that the 11 Councillors that were
present at the Strutt Reserve Public Meeting took in all the concerns of the residents, and
thanked Mr Atkinson for his question.
A copy of Council’s written response can be located at Appendix 3.


5.          Tony Green, PO Box 1639, Morley
Question 1
As previously asked on 13 October 2009, why is the fountain outside the City of Bayswater’s
Administration Centre still not working?

Question 2
Have the monies been put into the current budget to pay for repairs to this fountain?

His Worship the Mayor, Cr Terry Kenyon, JP that the fountain out the front has not been
working for 2 years. Council will be looking at this, but it’s not a priority or a council issue.
However, a response to this question will be provided in writing.
A copy of Council’s written response can be located at Appendix 4.



                        Public Question Time was closed at 7:07pm.




                                            Page 4
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010



4          APPLICATIONS FOR LEAVE OF ABSENCE


4.1        Applicant:        Cr Mike Anderton, JP

Cr Mike Anderton, JP has requested leave of absence for the following periods:

      •    23 August 2010 to 27 August 2010 inclusive;
      •    31 August 2010 to 3 September 2010 inclusive;
      •    12 September 2010 to 16 September 2010 inclusive; and
      •    26 September 2010 to 6 October 2010 inclusive.


4.2        Applicant:        Cr Sally Palmer

Cr Sally Palmer has requested leave of absence from 30 August 2010 through to
3 September 2010 inclusive.


4.3        Applicant:        Cr Barry McKenna, Deputy Mayor

The Deputy Mayor, Cr Barry McKenna has requested leave of absence for the following
periods:

      •    31 August 2010 to 2 September 2010 inclusive; and
      •    24 September 2010 to 2 October 2010.


4.4        Applicant:        Cr Alan Radford

Cr Alan Radford has requested leave of absence from 31 August 2010 through to
3 September 2010 inclusive.

COUNCIL RESOLUTION

CR MARLENE ROBINSON MOVED, CR TERRY BLANCHARD SECONDED that
Leave of Absence be granted as follows:

Cr Mike Anderton, JP        from 23 August 2010 to 27 August 2010 inclusive
                            from 31 August 2010 to 3 September 2010 inclusive
                            from 12 September 2010 to 16 September 2010 inclusive
                            from 26 September 2010 to 6 October 2010 inclusive
Cr Sally Palmer             from 30 August 2010 – 3 September 2010 inclusive
Cr Barry McKenna            from 31 August 2010 – 2 September 2010 inclusive
                            from 24 September 2010 – 2 October 2010 inclusive
Cr Alan Radford             from 31 August 2010 – 3 September 2010 inclusive

                                                             CARRIED UNANIMOUSLY



                                          Page 5
     ORDINARY COUNCIL MEETING MINUTES                                                       24 AUGUST 2010


     His Worship the Mayor, Cr Terry Kenyon, JP announced the following:

     “I have the pleasure in drawing the Rates Prize Incentives Draw and I’d like to announce the
     5 winners from the Rates and Incentive Draw tonight:


Prize No.   Prize                       Sponsor                  Property   Owners            Property Address
                                                                 No

    1       $2,000 Cash                 Westpac Banking          13435      Norman &          18 Holden Drive
                                        Corporation                         Beverley Plaut

    2       Holiday for two to Broome   City of Bayswater        3306       Paul Newdick      73 Hamilton Street,
            including airfare and                                                             Bayswater
            accommodation to the
            value of $2,000

    3       Termite Inspection          Stewarts Pest            2037       Melvyn Utting     151 The Strand,
            Service, valued at $1,200   Control                                               Bedford

    4       $1,000 Cash                 Westpac Banking          1238212    Gregory &         17/226 Whatley
                                        Corporation                         Rhonda Trew       Crescent, Maylands

    5       $500 Cash                   City of Bayswater        11189      James & Elisa     5 Esher Place, Morley
                                                                            Moggan



     Congratulations to all the winners, there are 28 in total. Well done to all those ratepayers
     who paid their rates on time and going into the draw”.




                                                        Page 6
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010



5            CONFIRMATION OF MINUTES


5.1          Ordinary Meeting : 27 July 2010

CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED, that the
Minutes of the Ordinary Meeting of Council held on Tuesday, 27 July 2010 which have
been distributed, be confirmed as a true and correct record.

                                                             CARRIED UNANIMOUSLY

5.2          Special Meeting : 20 July 2010

CR ALAN RADFORD MOVED, CR TERRY BLANCHARD SECONDED, that the
Minutes of the Special Meeting of Council held on Tuesday, 20 July 2010 which have
been distributed, be confirmed as a true and correct record.

                                                             CARRIED UNANIMOUSLY



6            DISCLOSURE OF FINANCIAL INTEREST SUMMARY


6.1          Disclosures at Planning and Development Services & Administration and
             Community Services Committee

COUNCIL RESOLUTION
CR SALLY PALMER MOVED, CR SYLVAN ALBERT SECONDED that the
following disclosures at the Planning and Development Services & Administration and
Community Services Committee meeting be accepted:

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following
disclosures of financial interest were made at the meeting:-
      Date                 Name                             Item No.
                                         Item 1.12 Proposed Change of Use to Convenience
 16 August 2010     Cr Barry McKenna
                                         Store and Associated Alterations
                                         Item 3.1.1 Status Report – Planning
 16 August 2010     Cr Barry McKenna
                                         Complaints/Zoning Breaches
                                         Item 3.1.2 Proposed Lease; Bayswater Community
 16 August 2010     Cr Sylvan Albert
                                         Financial Services Ltd
                                         Item 3.1.2 Proposed Lease; Bayswater Community
 16 August 2010     Cr Alan Radford
                                         Financial Services Ltd
                                         Item 3.1.2 Proposed Lease; Bayswater Community
 16 August 2010     Cr Barry McKenna
                                         Financial Services Ltd
                                         Item 3.1.2 Proposed Lease; Bayswater Community
 16 August 2010     Cr Sally Palmer
                                         Financial Services Ltd

                                          Page 7
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following
disclosures of proximity interest were made at the meeting:-

Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996
the following disclosure of interests affecting impartiality were made at the meeting:-

       Date                 Name                                Item No.
 16 August 2010      Cr Sonia Turkington   Item 1.15 Aviation Park
                                           Item 3.1.1 Status Report – Complaint/Zoning
 16 August 2010      Cr Alan Radford
                                           Breaches
                                                                 CARRIED UNANIMOUSLY

6.2           Disclosures at Technical Services & Finance Personnel Committee

COUNCIL RESOLUTION
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that
the following disclosures at the Technical Services & Finance and Personnel Committee
be accepted:

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following
disclosures of financial interest were made at the meeting:-

       Date                 Name                                Item No.
  17 August 2010      Cr Barry McKenna     Item 1.3 – Salisbury Street Traffic Congestion – St
                                           Peters Primary School
  17 August 2010       Cr Sally Palmer     Item 2.11 - City of Bayswater Business Reference
                                           Group Nominees.

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following
disclosures of proximity interest were made at the meeting:-
Nil.
In accordance with Clause 34C of the Local Government (Administration) Regulations 1996
the following disclosure of interests affecting impartiality were made at the meeting:-

       Date                 Name                                Item No.
  17 August 2010      Cr Barry McKenna     Item 1.7 – EMRC Council Meeting – 22 July 2010
  17 August 2010     Cr Graham Pittaway    Item 1.7 – EMRC Council Meeting – 22 July 2010
  17 August 2010       Cr Alan Radford     Item 1.7 – EMRC Council Meeting – 22 July 2010
  17 August 2010      Cr Barry McKenna     Item 2.11 - City of Bayswater Business Reference
                                           Group Nominees.
                                                                 CARRIED UNANIMOUSLY

                                            Page 8
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


6.3          Disclosures at Ordinary Council Meetings

COUNCIL RESOLUTION
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that the
following disclosures at the Ordinary Council Meeting be accepted:


In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following
disclosures of financial interest were made at the meeting:-

      Date                 Name                               Item No.
 24 August 2010        Ms Beverley       Item 7.2 – Appointment of Director of
                        Bridgland        Administration and Community Services
 24 August 2010      Cr Barry McKenna    Item 11.1.12 – Proposed Change of Use to
                                         Convenience Store and Associated Alterations
 24 August 2010      Cr Barry McKenna    Item 12.1.3 – Salisbury Street Traffic Congestion –
                                         St Peters Primary School
 24 August 2010       Cr Sally Palmer    Item 12.2.11 – City of Bayswater Business
                                         Reference Group Nominees
 24 August 2010       Cr Sylvan Albert   Item 12.2.11 – City of Bayswater Business
                                         Reference Group Nominees
 24 August 2010       Cr Sally Palmer    Item 13.7 – Minutes of the Roadwise Advisory
                                         Committee – 10 August 2010
 24 August 2010      Cr Barry McKenna    Item 13.7 – Minutes of the Roadwise Advisory
                                         Committee – 10 August 2010
 24 August 2010      Cr Barry McKenna    Item 16.1.1 – Status Report – Planning
                                         Complaints/Zoning Breaches
 24 August 2010       Cr Sally Palmer    Item 16.1.2 – Proposed Lease – Bayswater
                                         Community Financial Services Ltd
 24 August 2010      Cr Barry McKenna    Item 16.1.2 – Proposed Lease – Bayswater
                                         Community Financial Services Ltd
 24 August 2010       Cr Alan Radford    Item 16.1.2 – Proposed Lease – Bayswater
                                         Community Financial Services Ltd
 24 August 2010      Mr Ted Budzinski    Item 16.1.2 – Proposed Lease – Bayswater
                                         Community Financial Services Ltd
 24 August 2010       Cr Sylvan Albert   Item 16.1.2 – Proposed Lease – Bayswater
                                         Community Financial Services Ltd




                                          Page 9
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following
disclosures of proximity interest were made at the meeting:-

      Date               Name                                 Item No.
 24 August 2010     Cr Alan Radford      Item 16.1.1 – Status Report – Planning
                                         Complaints/Zoning Breaches

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996
the following disclosure of interests affecting impartiality were made at the meeting:-

      Date               Name                                 Item No.
 24 August 2010    Cr Sonia Turkington   Item 11.1.15 – Aviation Commemorative Park
 24 August 2010    Cr Graham Pittaway    Item 12.1.7 – EMRC Council Meeting – 22 July
                                               2010
 24 August 2010     Cr Alan Radford      Item 12.1.7 – EMRC Council Meeting – 22 July
                                               2010
 24 August 2010    Cr Barry McKenna      Item 12.1.7 – EMRC Council Meeting – 22 July
                                               2010
 24 August 2010    Cr Barry McKenna      Item 12.2.11 – City of Bayswater Business
                                         Reference Group Nominees
 24 August 2010     Mr Ted Budzinski     Item 13.7 – Minutes of the Roadwise Advisory
                                         Committee – 10 August 2010
 24 August 2010     Cr Alan Radford      Item 13.7 – Minutes of the Roadwise Advisory
                                         Committee – 10 August 2010
 24 August 2010     Cr Sylvan Albert     Item 13.7 – Minutes of the Roadwise Advisory
                                         Committee – 10 August 2010


                                                               CARRIED UNANIMOUSLY




                                         Page 10
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010



COUNCIL RESOLUTION
CR MARLENE ROBINSON MOVED, CR ALAN RADFORD SECONDED that Items
7.1, 7.2, 7.3 and 7.4 be dealt with as Urgent Business and that the Items be dealt with
now.
                                                               CARRIED UNANIMOUSLY

7          URGENT BUSINESS


7.1        Strutt Reserve Consultation and Public Meeting Outcomes

           Location:         Strutt Reserve
           Attachments:      1. Policy RC-P06
                             2. Local Community Survey
                             3. Local Community Comment
                             4. Public Meeting Notes – 12 August 2010
           Officer:          A/Director of Administration and Community Services
           Refer:            Item 11.2.16 : OCM: 27.07.2010
Application
1.     To advise Council of the outcome of the Strutt Reserve consultation process and the
       motions moved at the Strutt Reserve public meeting of 12 August 2010.

2.     For Council to determine the future use and development of Strutt Reserve in light of
       the motions moved at the public meeting of 12 August 2010.

Background
In 1983, a change room facility comprising a main hall, kitchen, change room and toilets to
serve local sporting groups was constructed on Strutt Reserve, Noranda. The facility was
utilised by a number of sporting and other groups between 1983 and 2004. In 2004 the local
groups chose to relocate to neighbouring facilities and permission was granted for the building
at Strutt Reserve to be occupied by the Campania Association for a twelve (12) month trial
period.

In 2005, the Campania Association were granted ongoing tenure subject to the conditions of
Policy RC-P06 (refer to Attachment No. 1). During 2006 to 2009 Council received a number
of complaints regarding the association’s conduct and adherence to Policy RC-P06.

Following complaints, Council at its Ordinary Meeting held on 14 April 2009, resolved:

“That:
1.     Council actively seek a more appropriate location for the Campania Association and
       that the use of Strutt Way Reserve facility by the Association will be terminated when
       the Campania Association is relocated to a more appropriate location.
2.     Council write to the Campania Association advising that they have breached the
       conditions outlined in the Policy RC-P06, requesting a written response on how the
       Association will be managing and addressing the key issues identified by the residents,
       those being:

                                           Page 11
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


           •   Late finish times outside Policy RC-P06;
           •   Excessive noise in carpark when members are leaving; and
           •   Inappropriate parking on residential verges and on Stewart Way.
           •   Should another breach of Policy RC-P06 occur, this matter will be referred
               back to Council for further consideration.”

During the above meeting Council discussed a number of issues regarding complaints
received by residents over the Campania Association’s use of the Strutt Way Reserve facility.
Council resolved to terminate the use of this facility by the Campania Association once an
appropriate replacement site had been identified.

City officers looked at a number of buildings that may be suitable to relocate the Campania
Association, however the Campania Association strongly indicated its preference to be
relocated to a ‘sole use facility’. As such, no appropriate location has been identified.
At the June 2010 Ordinary Council meeting Council resolved to undertake community
consultation concerning requests made to Council from the Campania Association.
Consultation with residents focussed on three key issues, summarised as:
  •    Additional car park facilities located on Strutt Reserve;
  •    10 year lease for the facility at Strutt Reserve with the Campania Association;
  •    Upgrade of Strutt Reserve facilities (Campania Association have confirmed a $10,000
       contribution to the internal upgrade of the Strutt Reserve facility).

In accordance with Council resolution, City officers:
   • Distributed 500 community survey’s to local residents surrounding Strutt Reserve
       (Refer to Attachment No. 2)
   • Displayed survey information at Strutt Reserve
   • Posted the community consultation survey on the City’s web site
   • Received a number of surveys from residents
   • Dealt with a significant number of phone calls and emails from local residents
       concerning Strutt Reserve.

As a result of the consultation process both officers and Councillor’s received significant
communication from local residents on a range of issues and concerns relating to Strutt
Reserve.

Subsequently, at the July 2010 Ordinary Council meeting, Council resolved that a public
meeting be held on Thursday 12 August at 7.00pm at the City of Bayswater Civic Centre in
relation to:
   a) Requested lease of the Strutt Reserve facility to Campania Association;
   b) Requested additional car parking facilities and the location of such facilities at Strutt
        Reserve; and
   c) Proposed Strutt Reserve facility upgrade.
The consultation period was extended from 30 July 2010 to Friday 20 August 2010. A
summary of consultation responses is provided. (Refer to Attachment No. 3).




                                           Page 12
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


Public Meeting
The public meeting was attended by more than 80 residents. A number of motions were
proposed and seconded and the meeting notes have been forwarded to Councillors and made
available to the public via hard copy and the City’s website. (Refer to Attachment No. 4).
At the public meeting the following motion was carried:
Rodney Vidakovich Moved, Derek Atkinson Seconded that:
1.    Strutt Reserve be termed a passive reserve (no organised sporting activities)
2.    The Campania Association to vacate the building located at Strutt Reserve within 90
      days from 12 August 2010.
3.    The building at Strutt Reserve to be demolished within 120 days from 12 August 2010.
4.    Upgrade the existing playground to an appropriate sized playground, in consultation
      with the Friends of Strutt Reserve.
5.    Strutt Reserve lighting be upgraded to provide adequate security lighting.

The motion was supported unanimously.

Comment
Council consideration is now required on the future use and development of Strutt Reserve
following the completion of the community consultation period and the motion carried by the
residents at the public meeting.

The existing building on Strutt Reserve was constructed in 1983 as a clubroom and change
rooms for junior sports. The use of the facility by the Campania Association has raised a
number of concerns by the community in terms of noise, parking and general inconvenience.

In accordance with Council resolution, officers have actively sought other locations for
consideration by the Campania Association. The most recent facility considered, suggested
by a number of Councillors, is Brand Place, (a former kindergarten). Council, at its meeting
in July 2010, resolved to pursue refurbishment of this building to facilitate use as a Senior
Citizen Centre. The City has been advised verbally that the Campania Association has
indicated a willingness to relocate to this facility and share with the Senior Citizens.

In light of the previous Council resolutions and the outcome of the public consultation,
Council may wish to consider:

   •   Not proceeding with any upgrade of the Strutt Reserve building, including the
       proposed parking, lease and any upgrades, and support the motion put forward at the
       public meeting, as follows:-

       1.     Strutt Reserve be termed a passive reserve (no organised sporting activities)
       2.     The Campania Association to vacate the building located at Strutt Reserve
              within 90 days from 12 August 2010.
       3.     The building at Strutt Reserve to be demolished within 120 days from 12
              August 2010.
       4.     Upgrade the existing playground to an appropriate sized playground, (in
               consultation with the Friends of Strutt Reserve).
       5.     Strutt Reserve lighting be upgraded to provide adequate security lighting



                                          Page 13
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


   •   Retain the building - whilst this is an option, it is not supported by the community and
       Council may wish to consider whether the building has any value in being retained.

There are a number of other matters that require Council consider in relation to the
community motion for the future use of Strutt Reserve, these include:
   a) Initiate a change of policy to reclassify Strutt Reserve from active to passive.
   b) Determining an appropriate notice period for the Campania Association should
      Council wish them to vacate the current premises on Strutt Reserve.
   c) Initiate the building demolition, which includes licences.     Approximately two weeks
      is required for demolition.
   d) Consider funding for the demolition and turf reinstatement, currently there is no
      provision within the current 2010/2011 budget, and these works are estimated at
      approximately $20,000.
   e) Consider design and funding for reserve upgrades in terms of playground and lighting.
      It may be appropriate to establish a Strutt Reserve working group, including local
      community representatives, to assist in identifying preferred options for consideration
      by Council. It is noted that the existing playground located at Strutt Reserve is
      programmed for renewal in 2015.
   f) Alternate locations for the Campania Association. It is suggested that given the
      support of the Campania Association to relocate to Brand Place (former Pre-Primary
      School) this should be pursued.
In order to facilitate the Campania Association and Senior Citizens in the Brand Place former
Pre Primary School, there are a number of building refurbishments to be undertaken as
detailed in the report to Council in July 2010. These works have been separated into two
stages and include:
   • Stage One
       Toilets                                                       $80,000
       Minor internal refurbishment (painting, cleaning)             $20,000
       Disability access                                              $6,000
       Security                                                      $15,000

   • Stage Two
       Floor coverings                                               $20,000
       Kitchen upgrade                                               $35,000
       External carpark and landscaping                              $80,000
       Removal of swings and playground equipment                    $10,000
Once Council has finalised the uses of Brand Place facilities, the refurbishment priorities,
including external works such as the car park upgrade, project timeframes and budget
requirements, will be finalised. The matters relating to the Brand Place site will be the subject
of a further report to Council.




                                            Page 14
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Given that the alterations to the Brand Place facility for community use are likely to take
between 6 to 12 months to complete, Council consideration is required on the interim
arrangements for the Campania Association during the refurbishment period, whether they
should be relocated or remain at the Strutt Reserve facility.
The Les Hansman Community Centre in Morley is considered an appropriate shared facility
during the interim period for use by the Campania Association. It comprises a main hall,
meeting room, kitchen and first floor lounge. Whilst the building is extensively used by a
wide range of community groups, it has availability as follows:

           •   Main Hall – Tuesday, Saturday and Sunday evenings

           •   Meeting Room – Monday, Tuesday, Friday, Saturday, Sunday evenings

           •   First Floor Lounge – Monday, Wednesday, Saturday and Sunday evenings
The Les Hansman Centre provides a suitable interim location for the Campania Association,
with the details being progressed further with the Association.

The final aspect that requires Council consideration is Council’s expectation of the Campania
Association during the final 90 day (3 month) period, in terms of compliance with the Council
use of Strutt Reserve Policy. It is noted that there have previously been a number of breaches
of the policy in terms of time restrictions, which impact on the local community.

Three (3) breaches have been reported to date during the period July to August 2010 relating
to noise, vacation time and vehicle parking. Accordingly, direction is sought from Council on
the consequence to the Campania Association in the event this occurs during the final 90 day
(3 month) period. Options for consideration by Council include:-
    • Immediate termination of the use of Strutt Reserve building.

    • Further referral to Council for consideration of the action to be taken.

    • Withdrawal of any support in seeking an alternative venue and request immediate
      vacation of the building at Strutt Reserve.
Summary
In light of the previous Council resolutions and the comments received during the consultation
period it is recommended that:

   •   Strutt Reserve building be demolished
   •   Campania Association be relocated to Brand Place
   •   A further report be presented to Council on the Brand Place refurbishments
   •   During the interim period, the Campania Association Club relocate to the Les
       Hansman Centre; and
   •   Council establish a Strutt Reserve Working Group to further pursue an upgrade
       proposal for Strutt Reserve for consideration by Council.



                                           Page 15
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


Policy Implications
Policy Number RC-P06: Use of Strutt Way Reserve and the building on that reserve, will
require alteration.

Financial Implications
There is no provision within the current 2010 / 2011 budget. The Strutt Reserve building
demolition and ground reinstatement of $20,000 to be considered at budget or budget review.

Funding for future works on Strutt Reserve to be the subject of further consideration
following completion of the design in consultation with the Working Group.

Funding considerations for Brand Place were considered by Council in July 2010.

Voting Requirements
Simple Majority Required.




                                         Page 16
ORDINARY COUNCIL MEETING MINUTES                                                  24 AUGUST 2010


Officer's Recommendation to Council
That:
1.      Council resolve not to upgrade the Strutt Reserve facility and that the following projects
        will not be pursued:

        a)      Additional car park facilities located on Strutt Reserve;

        b)      10 year lease for the facility at Strutt Reserve with the Campania Association; and

        c)      Upgrade of Strutt Reserve building facility.

2.      That use of the Strutt Reserve facility to cease and that the Campania Association be
        given notice to vacate Strutt Reserve by 11 November 2010.

3.      The building facility currently located on Strutt Reserve be demolished by 3 December
        2010.

4.      The Campania Association be offered use of the Les Hansman Community Centre until
        such time that No.1 Brand Place, Morley is available for community group use.

5.      That a further report be prepared for Council consideration on the upgrades and
        refurbishment of 1 Brand Place, Morley for use by the community (Senior Citizens and
        Campania Association).

6.      That the Campania Association be advised that further breaches of Policy RC-P06
        whilst remaining at Strutt Reserve will result in support by Council being withdrawn
        and the Campania Association being requested to vacate Strutt Reserve immediately.

7.      That a Strutt Reserve Working Party, including community representatives, be
        established to assist in developing a preferred design for the Strutt Reserve for Council
        consideration.


8.      (a)     That the following sources of funds be used to fund the demolition of Strutt
                Reserve facility currently in the 2010/2011 budget:
              Account                      Description                      Original Budget

              D35900           Carry forward for kitchen upgrade               $10,491
             4545-7300                Building maintenance                      $1,000
             4535-9350              Preventative maintenance                    $1,120
             4535-8000                      Cleaning                            $2,700
         TOTAL                                                                 $15,311

        (b)     That the $15,311 be allocated to Account G33800 “Strutt Reserve Demolition”
                and the 2010/2011 budget be revised accordingly.



                                                Page 17
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


ADDENDUM TO ORDINARY COUNCIL MEETING – 24 AUGUST 2010


Comment

Further to the late report regarding provision for funding within the 2010/2011 budget
allocations. In the event that Council resolve to demolish the Strutt Reserve Facility the
following funds could be reallocated to facilitate the demolition:

            Account                   Description                 Original Budget

            D35900         Carry forward for kitchen upgrade          $10,491
        4545-7300                Building maintenance                  $1,000
        4535-9350              Preventative maintenance                $1,120
        4535-8000                      Cleaning                        $2,700
       TOTAL                                                          $15,311

Accordingly the following additional point 8 be added to the officers recommendation.

8.    (a)     That the following sources of funds be used to fund the demolition of Strutt
              Reserve facility currently in the 2010/2011 budget:
            Account                   Description                 Original Budget

            D35900         Carry forward for kitchen upgrade          $10,491
        4545-7300                Building maintenance                  $1,000
        4535-9350              Preventative maintenance                $1,120
        4535-8000                      Cleaning                        $2,700
       TOTAL                                                          $15,311

(b)    That the $15,311 be allocated to Account G33800 “Strutt Reserve Demolition” and
       the 2010/2011 budget be revised accordingly.

ABSOLUTE MAJORITY REQUIRED




                                          Page 18
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010


AMENDMENT
CR ALAN RADFORD MOVED, CR TERRY BLANCHARD SECONDED that point
seven be removed from the recommendation.

7.   A Strutt Reserve Working Party, including community representatives, be
     established to assist in developing a preferred design for the Strutt Reserve for
     Council consideration.

The Amendment was put and                                               CARRIED: 8/2
The Amendment became the Substantive Motion.


     FOR:     Councillors Radford, Blanchard, Albert, Palmer, Pittaway,
              McKenna, Robinson, Sabatino
     AGAINST: Councillors Kenyon and Turkington

COUNCIL RESOLUTION
CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that:
1.   Council resolve not to upgrade the Strutt Reserve facility and that the following
     projects will not be pursued:

     a)   Additional car park facilities located on Strutt Reserve;

     b)   10 year lease for the facility at Strutt Reserve with the Campania
          Association; and

     c)   Upgrade of Strutt Reserve building facility.

2.   Use of the Strutt Reserve facility to cease and that the Campania Association be
     given notice to vacate Strutt Reserve by 11 November 2010.

3.   The building facility currently located on Strutt Reserve be demolished by 3
     December 2010.

4.   The Campania Association be offered use of the Les Hansman Community Centre
     until such time that No.1 Brand Place, Morley is available for community group
     use.

5.   A further report be prepared for Council consideration on the upgrades and
     refurbishment of 1 Brand Place, Morley for use by the community (Senior Citizens
     and Campania Association).

6.   The Campania Association be advised that further breaches of Policy RC-P06
     whilst remaining at Strutt Reserve will result in support by Council being
     withdrawn and the Campania Association being requested to vacate Strutt Reserve
     immediately.




                                        Page 19
ORDINARY COUNCIL MEETING MINUTES                                24 AUGUST 2010


7.   (a)   The following sources of funds be used to fund the demolition of Strutt
           Reserve facility currently in the 2010/2011 budget:

      Account                  Description               Original Budget

      D35900         Carry forward for kitchen upgrade       $10,491
     4545-7300             Building maintenance               $1,000
     4535-9350           Preventative maintenance             $1,120
     4535-8000                   Cleaning                     $2,700
     TOTAL                                                   $15,311

     (b)   The $15,311 be allocated to Account G33800 “Strutt Reserve Demolition”
           and the 2010/2011 budget be revised accordingly.


                  CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY




                                    Page 20
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


COUNCIL RESOLUTION
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that Item
7.2 be dealt to the end of the meeting.
Item 7.2 was dealt with after Item 16.1.3.

At 11:45pm Mr Ted Budzinksi, Mr Des Abel, Mr George Rimpas, Ms Beverley Bridgland,
Mr Martyn Boyle, Mr Jon Vines, Ms Wardia Du Toit and Ms Erika Kern left the meeting.
At 11:45 Ms Ann Blakeney-Britter entered the room.

7.2        Appointment of Director of Administration and Community Services

           Officer:         Chief Executive Officer

                                 CONFIDENTIAL ITEM

Application
For Council to endorse the Selection of Director of Administration and Community Services
Occasional Committee’s recommendation for the appointment of the Director of
Administration and Community Services.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed
to members of the public for this item as the following sub-section applied:

       (a) A matter affecting an employee or employees.

       (b) The personal affairs of any person.
Officer’s Recommendation
That the recommendation as contained in the attached "Confidential" Report be adopted.

                                                             CARRIED UNANIMOUSLY
COUNCIL RESOLUTION
(OFFICER RECOMMENDATION)
CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED that:
1.    In accordance with Section 5.37 of the Local Government Act 1995, the position of
      Director of Administration and Community Services be offered to
      Mr Jeremy Edwards as per agreed terms and conditions.
2.    In accordance with Section 5.39 of the Local Government Act 1995, the draft
      Contract of Employment be endorsed.
3.    The deadline for the acceptance of the above offer by Mr Jeremy Edwards for the
      position of Director of Administration and Community Services is close of
      business, Friday, 27 August 2010.
4.    In the event that Mr Jeremy Edwards does not accept the position of Director of
      Administration and Community Services, the Chairperson convene a meeting of
      the Director of Administration and Community Services Occasional Committee.

                                                             CARRIED UNANIMOUSLY

                                          Page 21
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



COUNCIL RESOLUTION
CR TERRY BLANCHARD MOVED, CR GRAHAM PITTAWAY SECONDED that
the meeting be re-opened to the public and the doors were re-opened.

                                                          CARRIED UNANIMOUSLY

At 11.55pm, the meeting was re-opened to the public and the doors were re-opened, Mr Ted
Budzinski, Mr Des Abel, Mr George Rimpas, Ms Wardia Du Toit and Ms Erika Kern
returned to the meeting, however no members of the public returned to the meeting.
Ms Beverley Bridgland, Mr Martyn Boyle and Mr Jon Vines did not return to the meeting.




                                        Page 22
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010



7.3          Proposed Patio and Alfresco Additions to Existing Single Dwelling

             Location:         Lot 168, No. 1 Rosaglen Rise, Noranda
             Attachments:      No. 1 - Location Plan and Site Photos
                               No. 2 – Detailed Plans
                               No. 3 - Locality Photos
             Applicant:        Concetta Italiano
             Owner:            Joseph & Concetta Italiano
             Officer:          Director of Planning and Development Services
Application
MRS Form 1 and plans dated 16 July 2010 have been received for a patio and alfresco
addition to an existing single storey house at Lot 168, No. 1 Rosaglen Rise, corner Matthews
Close, Noranda.

Council consideration is required as this proposed alfresco will incorporate a 2.715 metre
high, 8.99 metre long wall along the secondary street (Matthews Close) boundary.
Council consideration is required for the following matters:

•     The application proposes a secondary street setback variation of 0.445 metre in lieu of 1.5
      metre requirement to the proposed patio;

•     The application proposes a nil setback building wall to the secondary street; and

•     The applicant has requested assessment of the proposed secondary street setback under
      the performance criteria of the Residential Design Codes (R Codes).

In support of the proposal, the applicant has stated the following:
•     “The boundary wall is designed in conjunction with the R Codes for height and length
      requirements. It is depicted on the drawings that the boundary wall is well setback from
      the corner which will not affect the cone of vision for vehicles entering of exiting between
      the streets Rosaglen Rise and Matthews Close”.

Background

Town Planning Scheme No. 24 Zoning:              Residential (R 17.5/25)

Use Class:                                       Single House – ‘P’

Lot Area:                                        703m²

Existing Land Use:                               Single Dwelling

Surrounding Land Use:                            Residential

Size/Nature of Proposed Development:             Patio and Alfresco Additions to Single Storey
                                                 Dwelling



                                             Page 23
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010



          SCHEME PROVISIONS                            REQUIRED                PROVIDED
Setback          Secondary Street     -Alfresco          1.5m                      0m
                                      - Patio            1.5m                    0.445m
Open Space                                                50%                    50.5%

The R Codes do not specifically provide for the building of parapet/boundary walls on
secondary streets as a right. Notwithstanding, the information in the following table
demonstrates the relevant criteria for parapet/boundary walls built on side and rear
boundaries.

         PARAPET/BOUNDARY WALL
        ACCEPTABLE DEVELOPMENT                         REQUIRED                 PROVIDED
                STANDARDS
       Maximum Wall Height                                   3.0m                   2.715m
       Max. Average Wall Height                              2.7m                   2.627m
       Maximum Wall Length                                   9.0m                   8.99m

Comment
Compliance with the Scheme and R Code Requirements
Assessment of the application indicates that the proposed development complies with the
acceptable development standards of the R Codes, the City’s Town Planning Scheme No. 24
(TPS 24) and Council policy with the exception of the setback from the secondary street
(Matthews Close) to the patio and alfresco room.

Patio
The patio is proposed to have a post height of 2.7 metres which is set back 0.445 metre from
the secondary street boundary. The roof and bulk of the patio is set back a minimum of 1.0
metre from the secondary street boundary. The acceptable development standards specify a
setback requirement of 1.5 metres from the secondary street. Given that the patio does not
comply with the secondary street setback acceptable development standards, the proposal has
been assessed under the relevant performance criteria, which states:

“Buildings setback from street boundaries an appropriate distance to ensure they:

•   contribute to the desired streetscape;
•   provide adequate privacy and open space for dwellings; and
•   allow safety clearances for easements for essential service corridors”.

The roof and bulk of the proposed patio is setback 1.0 metre from the secondary street
boundary and is not seen to unduly impact on the streetscape. It is considered that the
proposed patio is setback an appropriate distance from the boundary. The reduced patio
setback is considered to meet the performance criteria of the R Codes.




                                             Page 24
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Alfresco Boundary Wall
The proposed alfresco incorporates a 2.715 metre high, 8.99 metre long wall abutting the
secondary street boundary. Given that the secondary street setback does not meet the
acceptable development standards, the proposal has been assessed under the above
performance criteria.
The City’s officers conducted an inspection of the site and the relationship of the proposed
boundary wall on neighbouring properties, the streetscape and in addition undertook a review
of developments in neighbouring streets. These neighbouring developments were brought to
the attention of the City following the receipt of emails (Refer to Attachment No. 3)
demonstrating that there are other developments in the locality with wall structures on the
boundary that are greater in height that the current proposal.
Of the photographs provided in Attachment No. 3, the majority of examples appear to relate to
sites that have retaining walls installed to overcome level differences on the sites. On top of
these retaining walls it appears that 1.8m brick fences have been installed. On many of the
examples, the height of the retaining and the fencing is greater than the height of the proposed
boundary wall. Given the sloping nature of these properties, retaining of the sites is
considered necessary to allow for development, and the City’s Fencing and Floodlighting
Local Law allows for a 1.8 metre fence to be erected above retaining walls along side and
secondary street boundaries.
An example provided in Attachment No. 3 relates to a building boundary wall on a side
setback to a park.
Another example provided relates to a dwelling at No. 28 Della Road, corner Sewell Court,
Noranda. This development includes a building boundary wall onto the Sewell Court
boundary, however this portion of Sewell Court has been landscaped and currently does not
include a road carriageway.
The subject property is a corner lot and is relatively flat with minor retaining proposed to
facilitate development of the subject site. It is considered that all proposals should be
assessed on their merits taking into account the site context and topography of each property.
Generally, all of the dwellings along Matthews Close, including those on corner lots which
also have a secondary frontage to Mathews Close, are setback from the street. The bulk and
scale of the proposed wall is considered to unduly impact on the streetscape of Matthews
Close.
It is considered that the proposed alfresco boundary wall does not meet the performance
criteria. Whilst Council has the ability to consider the setback of the wall under the
performance criteria, it is recommended that the wall be setback 1.0 metre from the secondary
street boundary in lieu of the required 1.5m to ensure the wall will not unduly impact on the
Matthews Close streetscape.




                                           Page 25
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010



Summary
Assessment of the proposed patio and alfresco extension indicates that the application
complies with the acceptable development standards of the R Codes, Town Planning Scheme
No. 24, and Council policy with the exception of a variation to the secondary street setback.
The proposed alfresco boundary wall is considered to unduly impact on the Matthews Close
streetscape. It is recommended that Council approve the application subject to a condition of
approval requiring the alfresco being setback a minimum of 1.0 metre from the secondary
street boundary.

Voting Requirements
Simple Majority Required.

Officer's Recommendation to Council
That Planning Approval be granted for the proposed patio and alfresco additions to existing
single dwelling at Lot 168, No. 1 Rosaglen Rise, Noranda in accordance with the application
and plans dated 16 July 2010, subject to the following planning conditions:
1.   The alfresco boundary wall being setback a minimum of 1.0 metre from the Matthews
     Close boundary.
2.   This approval is valid for a period of two (2) years from the date of this letter. If the
     development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further effect.
     Where an approval has lapsed, no development/use shall be carried out without the
     further approval of the City having first been sought and obtained.
3.   The development shall be carried out only in accordance with the terms of the application
     as approved herein, and any approved plan.
4.   The development complying with any details marked in red on the approved plans.
5.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and
     Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.
6.   This approval does not authorise any interference with dividing fences, nor entry onto
     neighbouring land. Accordingly, should you wish to remove or replace any portion of a
     dividing fence, or enter onto neighbouring land, you must first come to a satisfactory
     arrangement with the adjoining property owner. Please refer to the Dividing Fences Act
     1961.
7.   On completion of construction, all excess articles, equipment, rubbish and materials being
     removed from the site and the site left in an orderly and tidy condition.
8.   All vehicle crossings being upgraded, designed and constructed to the satisfaction City of
     Bayswater. Payment for the crossover is required prior to the issue of a building
     licence.All stormwater and drainage runoff produced onsite is to be disposed of onsite via
     the use of soakwells. The size of the soakwells are to be calculated by use of the formula
     VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and
     AREA is total roofed and paved areas. Connection to the City’s stormwater system, where
     available, may be permitted as an overflow only if to the satisfaction of the City of
     Bayswater.

                                          Page 26
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


AMENDMENT
CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED that point
one of the recommendation be removed.


The Amendment was put and                                     CARRIED UNANIMOUSLY
The Amendment became the Substantive Motion.


COUNCIL RESOLUTION
CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for the proposed patio and alfresco additions to existing
single dwelling at Lot 168, No. 1 Rosaglen Rise, Noranda in accordance with the
application and plans dated 16 July 2010, subject to the following planning conditions:
1.   This approval is valid for a period of two (2) years from the date of this letter. If
     the development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first been sought and obtained.
2.   The development shall be carried out only in accordance with the terms of the
     application as approved herein, and any approved plan.
3.   The development complying with any details marked in red on the approved plans.
4.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and
     Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.
5.   This approval does not authorise any interference with dividing fences, nor entry
     onto neighbouring land. Accordingly, should you wish to remove or replace any
     portion of a dividing fence, or enter onto neighbouring land, you must first come to a
     satisfactory arrangement with the adjoining property owner. Please refer to the
     Dividing Fences Act 1961.
6.   On completion of construction, all excess articles, equipment, rubbish and materials
     being removed from the site and the site left in an orderly and tidy condition.
7.   All vehicle crossings being upgraded, designed and constructed to the satisfaction
     City of Bayswater. Payment for the crossover is required prior to the issue of a
     building licence.All stormwater and drainage runoff produced onsite is to be disposed
     of onsite via the use of soakwells. The size of the soakwells are to be calculated by use
     of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume
     of soakwells and AREA is total roofed and paved areas. Connection to the City’s
     stormwater system, where available, may be permitted as an overflow only if to the
     satisfaction of the City of Bayswater.
                                                              CARRIED UNANIMOUSLY




                                          Page 27
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010



7.4        Donation to Pakistan Flood Relief Appeal

           Officer:          Director of Finance
Application
For Council to consider donating to the Pakistan Flood Relief Appeal to provide emergency
aid for housing, clean water, food, shelter and provision of medical assistance for this
international crisis.

Background
20 million people have been affected by the worst flooding in Pakistan’s living history.
900,000 thousand homes have been damaged or destroyed and continues to be rising.
Additionally public health crisis looms with more than 30,000 cases of acute diarrhoea being
confirmed and the numbers of people with severe malnutrition expected to rise sharply over
the coming days and weeks.

The Pakistan Floods have affected more people than the combined total of the 2004 Indian
Ocean tsunami, 2005 Kashmir and the 2010 Haiti earthquakes. The situation is far worse than
first thought, and monsoonal rains are expected to continue for another month, leaving
millions in desperate need of emergency assistance for basic commodities.

The situation in Pakistan is disastrous, of particular concern are dehydration and water borne
diseases such as cholera and diarrhoea, as without safe drinking water and sanitation, the risk
of an outbreak of disease is increasingly higher.

The funding response in Australia has been slow and humanitarian agencies are asking for
people and organisations to donate to help with one of the largest humanitarian emergencies
of our time.

Comment
Four relief agencies working in Pakistan providing aid currently are;

      •    UNICEF;
      •    Red Cross;
      •    OXFAM; and
      •    Médecins Sans Frontières (Doctors Without Borders).

It is suggested that Council grants a total donation of $10,000 towards the Pakistan Flood
Relief Appeal.




                                           Page 28
ORDINARY COUNCIL MEETING MINUTES                                                24 AUGUST 2010


Over the past 7 years, Council has made the following donations to various natural disasters:

  Council
                           Organisation                           Disaster             Amount
 Resolution
Feb 2010        Australian Red Cross                     Haiti Earthquake Appeal          $5,000
May 2009        “Il Globo” and “La Fiamma”
                (the Italian daily newspapers in
                Australia) and “Rete Italia” (the Abruzzo (Italy) Earthquake              $2,000
                Italian radio in Australia) via
                Town of Vincent Mayor Catania
Feb 2009        Australian Red Cross                     Victorian Bushfires             $20,000
May 2008        World Vision                             •   Myanmar Cyclone
                                                                                          $5,000
                                                         •   China Earthquake
January 2005    Care Australia             )                                              $5,000
                                                         Tsunami Appeal
                Australian Red Cross       )                                              $5,000
January 2004    Lord Mayors Disaster Appeal              Cranbrook/Plantaganet/
                                                                                            $500
                                                         Bridgetown Bushfires
October 2002 Lord Mayors Disaster Appeal                 Bali Appeal                      $5,000

Policy Implications
Council’s Policy FS-P12 – Donations deals with handling requests for donations and states;
      “When requests for the donation of trophies or prizes are received by Council, the Mayor shall
      be authorised to deal with the requests.”

Financial Implications
An allocation of $45,000 has been made in the 2010/2011 Budget for donations and to date,
$4,500 of these funds have been expended this financial year, leaving a balance of $40,500.

Voting Requirements
Simple Majority Required

COUNCIL RESOLUTION
(OFFICER RECOMMENDATION)
CR MARLENE ROBINSON MOVED, CR ALAN RADFORD SECONDED that
Council grants a donation of $2,500 to each of the following humanitarian agencies for
the Pakistan Flood Relief Appeal:
      •    UNICEF;
      •    Red Cross;
      •    OXFAM; and
      •    Médecins Sans Frontières (Doctors Without Borders).
                                                                    CARRIED UNANIMOUSLY

                                               Page 29
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010



8             PETITIONS

Nil.

9             MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN



9.1           Requests for Past Information

CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the
Item for consideration be:
That the past information required by any rate payer or Councillor for personal use, be on a
paid by basis.

Officer Comment

Access to, and charges for local government information are provided for in the Local
Government Act 1995 - Section 5.91 – 5.97 and the Administration Regulations 29 & 29A.

      •   Section 5.92 details access to information by Councillors. Which provides for
          Councillors to have access to information relevant to the performance of their
          function. These access rights provisions do not give members unlimited access to
          information held by a local government. Members are required to demonstrate that the
          information is relevant to the performance of a Councillor’s statutory function.

      •   Where the information sought is not relevant to any matter which Council is currently
          deliberating and requires a significant use of resources of the City to research,
          investigate or obtain regardless of whether the information is confidential or not the
          CEO may decline the request. It is however recognised that Council, has a function to
          ensure accountability of the local government, and it would be open for a Councillor to
          raise the matter for determination and resolution by Council.

      •   Section 5.93 state that it is an offence for Councillors to make improper use of any
          information acquired to (a) gain directly or indirectly an advantage, or (b) cause
          detriment to the local government. Consequently the seeking of any information by
          Councillors for personal use, is limited to information which is available, via the same
          processes, and subject to the same limitations as the general public.

      •   Under S5.94, provides for public inspection of certain local government information to
          be made available to inspect “free of charge”.




                                              Page 30
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


   •   Under S5.95, there are however restrictions on the extent of the “right of inspection”
       that a person can obtain, which include, amongst other things that there are limitations
       to this right for information which is:-
           o Non current at the time of inspection;
           o Which, in the CEO’s opinion, would divert a substantial and unreasonable
                portion of the local government’s resources away from its other functions;
                and/or
           o Confidential.

   •   Section 5.96 states that where inspection of information is allowed under the Local
       Government Act, that a person may request a copy of the information and the local
       government is required to ensure copies are available and the price at which is sells is
       not more that costs of providing it. Costs for other information outside of that
       provided for as of right under the Act, the FOI Act are subject to the discretion of the
       City and would form part of Fees and Charges.

   •   The Act S5.97 details that the Act does not affect the operation of the FOI Act.
       Access to information via FOI (Freedom of Information) Act is the same for
       Councillors and community members. However there are certain restrictions on
       access to this information and the FOI Act imposes costs for providing information
       under that Act.

Confirmation on the interpretation and application of the above advice has been received from
the Department of Local Government and the City’s Solicitors.

At 8:00pm Mr George Rimpas withdrew from the meeting.
At 8:04pm Mr George Rimpas returned to the meeting.

COUNCIL RESOLUTION
CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that the past
information required by any rate payer or Councillor for personal use, be on a paid by
basis.
                                                                             LAPSED

Council Comment
His Worship the Mayor advised that the Motion on the table regarding access to, and charges
for local government information are provided for in the Local Government Act 1995 -
Section 5.91 – 5.97 and the Administration Regulations 29 & 29A and therefore the City can
not modify the provisions according to the motion. The motion lapsed.




                                           Page 31
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010



9.2            Budget Surplus

CR SYLVAN ALBERT MOVED CR TERRY BLANCHARD SECONDED that the
item for consideration be:
In the event of a budget surplus at any budget review, during the 2010/2011 fiscal year;
Council apply any surplus to allocated projects, deleted in the resolution of:
      •    Item 8.1;
      •    Under point 1
      •    Under the heading Deletions
      •    B to T
      •    At the Special Council meeting July 20, 2010
Before any other capital works are considered outside the current budget 2010/2011.

COUNCIL RESOLUTION
CR SYLVAN ALBERT MOVED, CR TERRY BLANCHARD SECONDED that in the
event of a budget surplus at any budget review, during the 2010/2011 fiscal year;
Council apply any surplus to allocated projects, deleted in the resolution of:
      •    Item 8.1;
      •    Under point 1
      •    Under the heading Deletions
      •    B to T
      •    At the Special Council meeting July 20, 2010
Before any other capital works are considered outside the current budget 2010/2011.

                                                                                   LOST: 4/6

          FOR:     Councillors, Sabatino, Albert, Blanchard, Turkington
          AGAINST: Councillors Kenyon, Radford, Pittaway, McKenna, Robinson,
                   Palmer


10             NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING
               MEETING IF GIVEN DURING THE MEETING

CR MARLENE ROBINSON MOVED that the item for consideration be:
That no further leases for City of Bayswater facilities be finalised or entered into, with the
exception of commercial leases, until the matter of leases has been further discussed at a
Council workshop.




                                             Page 32
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



COUNCIL DECISION - EN BLOC RESOLUTION
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED to en
bloc the Officer/Committee recommendations of items 11 to 11.1.4, 11.1.6 to 11.1.11, ,
11.2 to 12.1.1, 12.1.4 to 12.1.15, 12.1.8 to 12.2.10, 12.2.14 to 13.6, 13.8 to 16.1 and
16.1.4 to 16.4
                  CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY

11         BUSINESS - PLANNING AND DEVELOPMENT SERVICES &
           ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE

Application
To inform the Council of the minutes of the meetings of the Planning and Development
Services & Administration and Community Services Committee, which was held on
16 August 2010.

Background
A copy of the minutes of the meeting of the Planning and Development Services &
Administration and Community Services Committee, which was held on 16 August 2010,
follow this report.

Voting Requirements
Simple Majority Required

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Planning and Development Services & Administration
and Community Services Committee which was held on 16 August 2010, be received.
                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 33
ORDINARY COUNCIL MEETING MINUTES                                                     24 AUGUST 2010




                          FOR INFORMATION ONLY
                       This page does not form part of the Council Minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND
COMMUNITY SERVICES                                 19 JULY 2010


                                   CITY OF BAYSWATER
MINUTES of the meeting of the Planning and Development Services &
Administration and Community Services Committee which was held in Council
Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Monday 16
August 2010 commencing at 7:00 pm.



  Committee recommendations are subject to adoption, or otherwise, at the following Ordinary Meeting
  of Council, as recorded in Minutes of that Council Meeting.


                                         MINUTES

ATTENDANCE, APOLOGIES,                      LEAVE         OF      ABSENCE          (PREVIOUSLY
APPROVED) & ABSENCE

Members
Cr Terry Kenyon, JP, Mayor               Chairperson
Cr Marlene Robinson
Cr Sylvan Albert
Cr Graham Pittaway, OAM
Cr Alan Radford
Cr Barry McKenna                         Deputy for Cr Michael Sabatino
Officers
Ms Francesca Lefante                     Chief Executive Officer
Mr Des Abel                              Director of Planning and Development Services
Ms Beverley Bridgland                    A/Director Administration and Community Services
Mr Damien Martin                         Manager Planning Services
Mr Joe Gomboc                            Manager Building Services
Mrs Raylene Vucens                       PA – Director Administration and Community Services
Ms Erika Kern                            Administration Officer
Apologies
Cr Michael Sabatino

Observers
Cr Sally Palmer                          (Left the meeting at 8:17pm)
Ms Siiri Clausnitzer                      PA – Director of Planning and Development Services
Leave of Absence
Cr Sonia Turkington


                                              Page 34
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010




                        FOR INFORMATION ONLY
                      This page does not form part of the Council Minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND
COMMUNITY SERVICES                                 19 JULY 2010



DELEGATED AUTHORITY BY COUNCIL

Delegated Authority
There are no items appearing in this agenda for which the Planning and Development
Services & Administration and Community Services Committee has been granted
delegated authority by Council in accordance with Section 5.23 of the Local Government
Act 1995, however this meeting is open to the Public but will be closed to receive any
deputations.
Terms of Reference
Planning and Development Services:
To consider reports and make recommendations to Council in respect to issues relating to
Planning, Building, Development, Policies, Regulations and enforcement and all other
aspects of the Planning and Development Services of the City of Bayswater.
Administration and Community Services:
To consider reports and make recommendations to Council in respect to issues relating to
the delivery of services within the areas of Administration, Community and Aged,
Recreation and Leisure, Libraries, Ranger and Security Services and all other aspects of
the Administration and Community Services operations of the City of Bayswater.

DECLARATION OF INTEREST

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED
that the following Disclosures of Interest Summary at the Planning and Development
Services & Administration and Community Services Committee meeting be
considered:
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the
following disclosures of financial interest were made at the meeting:-
      Date                  Name                              Item No.
                                          1.12 Proposed Change of Use to Convenience Store
 16 August 2010    Cr Barry McKenna
                                          and Associated Alterations
                                          3.1.1 Status Report – Planning Complaints/Zoning
 16 August 2010    Cr Barry McKenna
                                          Breaches
                                          3.1.2 Proposed Lease; Bayswater Community
 16 August 2010    Cr Sylvan Albert
                                          Financial Services Ltd
                                          3.1.2 Proposed Lease; Bayswater Community
 16 August 2010    Cr Alan Radford
                                          Financial Services Ltd
                                          3.1.2 Proposed Lease; Bayswater Community
 16 August 2010    Cr Barry McKenna
                                          Financial Services Ltd
                                          3.1.2 Proposed Lease; Bayswater Community
 16 August 2010    Cr Sally Palmer
                                          Financial Services Ltd

                                         Page 35
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


                       FOR INFORMATION ONLY
                    This page does not form part of the Council Minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND
COMMUNITY SERVICES                                 19 JULY 2010


In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the
following disclosures of proximity interest were made at the meeting:-
Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations
1996 the following disclosure of interests affecting impartiality were made at the
meeting:-
       Date               Name                                Item No.
 16 August 2010    Cr Sonia Turkington   1.15 Aviation Park
 16 August 2010    Cr Alan Radford       3.1.1 Status Report – Complaint/Zoning Breaches


                                                                               CARRIED

CONFIRMATION OF MINUTES

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED
that the Minutes of the meeting of the Planning and Development Services and
Administration and Community Services Committee meeting held on 19 July 2010,
which have been circulated, are presented for confirmation as a true and correct
record.
                                                          CARRIED UNANIMOUSLY

DEPUTATIONS

Deputations are closed to the public.

Committee Recommendation
CR ALAN RADFORD MOVED, CR BARRY MCKENNA SECONDED that the meeting be
closed to the public and the doors were closed.
                                                          CARRIED UNANIMOUSLY

At 7:04pm, the meeting was closed to the public in order to receive deputations and
those present in the gallery left the chambers.


At 7:05pm Cr Sally Palmer, Cr Alan Radford and Cr Barry McKenna withdrew from
the meeting.

At 7:13pm Cr Sylvan Albert left the meeting during the Deputation (i) as he declared a
Financial Interest.


                                         Page 36
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


                       FOR INFORMATION ONLY
                    This page does not form part of the Council Minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND
COMMUNITY SERVICES                                 19 JULY 2010


           Proposed Lease – Bayswater Community Financial Services Ltd
           Location:      Lot 39, No. 14 King William Street, Bayswater
           Attachments: No. 1 - Correspondence- BCFS Chairman 19.04.10
                          No. 2 - Notes presented by Bendigo Bank Branch
                          Manager at Deputation 15.02.10
                          No. 3 – Local Public Notice Documentation
           Officer:        Director of Planning and Development Services

In relation to Item 3.1.2, Mr Steven Brown and Mrs Denise Beer (Directors of Bayswater
Community Financial Services Ltd) were in attendance at the meeting from 7:08pm to
7:24pm speaking against the item. (Refer to page No. 119).

Committee Recommendation 
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED
that the meeting be re-opened to the public. 
                                                          CARRIED UNANIMOUSLY 

At 7:26pm, the meeting was re-opened to the public 3.1.2 was dealt with. 

At 7:27pm Cr Sally Palmer, Cr Alan Radford, Cr Barry McKenna, Cr Sylvan Albert
returned to the meeting.

At 7:28pm the meeting continued and Items 1.5, 1.6; 1.11; and 1.12 were dealt with.

At 7:45pm Cr Sonia Turkington left the meeting.

Deputations are closed to the public.

Committee Recommendation
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that the
meeting be closed to the public and the doors were closed.
                                                          CARRIED UNANIMOUSLY

At 7:44pm, the meeting was closed to the public in order to receive deputations and
those present in the gallery left the chambers.




                                        Page 37
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010




                      FOR INFORMATION ONLY
                    This page does not form part of the Council Minutes

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND
COMMUNITY SERVICES                                 19 JULY 2010



           Aviation Commemorative Park
           Location:     Reserve 33966, Clarkson Road, Maylands
           Officer:      Director of Planning and Development Services

In relation to Item 1.15, Mr Wally Halstead (Owner of No. 9 Sopwith Elbow, Maylands)
and Mr Peter Huljich were in attendance at the meeting from 7:45pm to 7:51pm speaking
against the item. (Please refer to Page No. 71).

At 7:58pm Cr Sonia Turkington returned to the meeting.

   Proposed Four (4) Single Storey Grouped Dwellings
          Location:       Lots 1, 2 & 3 Nos. 19-19B Hudson Street, Bayswater

In relation to Item 1.6, Mrs Rosalia Warnsborough, and Ms Karen Warnsborough (Owner
of No. 21 Hudson Street, Bayswater) and Mr Frank Graham (Owner No. 20 Hudson
Street, Bayswater) were in attendance at the meeting from 7:59pm to 8:06pm speaking
against the item (in part). (Please refer to Page No. 20).

At 8:17pm Cr Sally Palmer left the meeting and did not return.

Committee Recommendation
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that the
meeting be re-opened to the public and the doors were re-opened.
                                                         CARRIED UNANIMOUSLY
At 8:08pm, those present were invited back into the chambers and the meeting resumed.
Item 1.15 and 1.6 were dealt with following the deputations.




                                       Page 38
ORDINARY COUNCIL MEETING MINUTES                                     24 AUGUST 2010



11.1      Planning and Development Services

11.1.1    Council Ratification of Planning Determinations under Delegated
          Authority
          Attachment:     Delegated Authority - 01/07/2010 – 31/07/2010
          Officer:        Director of Planning and Development Services
Application
The development applications contained in (attachment No. 1) have been determined in
accordance with the Scheme requirements, Residential Design Codes 2008 and Council’s
policies.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council receive the Planning Determinations issued for the period 1 July 2010 to 31
July 2010 by the City’s Director of Planning and Development Services and Manager
Planning Services in accordance with Council’s Policy – Delegated Authority, as
contained in Attachment 1.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 39
ORDINARY COUNCIL MEETING MINUTES                                    24 AUGUST 2010


11.1.2    Subdivision and Amalgamation Responses under Delegated Authority
          Attachment:     Delegated Authority Subdivisions - 01/07/2010 –
                          31/07/2010
          Officer:        Director of Planning and Development Services
Application
The subdivision and amalgamation applications contained in Attachment 1 comply with
the provisions of the City’s District Zoning Scheme No. 24, have been processed
accordingly, and a recommendation returned to the Western Australian Planning
Commission.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council receive the subdivision and amalgamation applications for which comment
has been provided to the Western Australian Planning Commission for the period
1 July 2010 to 31 July 2010, as contained in Attachment 1.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                     Page 40
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010


11.1.3     Building Licences Issued under Council's Policy for Single Residential
           Development
           Attachment:     Delegated Authority - 01//07/2010 – 31/07/2010
           Officer:        Director of Planning and Development Services
Application
The building applications for single residential development contained in Attachment 1
have been issued with a building licence in accordance with the Building Code of
Australia, Residential Design Codes 2008 and Council’s policies.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council receive the Building Licences issued for single residential development for
the period 1 July 2010 to 31 July 2010 by the City’s Building Services Section, in
accordance with the Building Code of Australia, Residential Design Codes 2008 and
Council’s policies, as contained in Attachment 1.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 41
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


11.1.4       Proposed Two Storey Single House
             Location:     Lot 43, No. 36 Wheeler Street, Morley
             Attachments: No. 1 - Location Plan and Site Photos
                           No. 2 - Detailed Plans
             Applicant:    Honest Holdings Pty Ltd
             Owner:        Ba Van Do and Kieu Phuong Pham
             Officer:      Director of Planning and Development Services
Application
MRS Form 1 dated 10 March 2010 and revised plans dated 22 July 2010 have been
received for a two storey single house at Lot 43, No. 36 Wheeler Street Morley. Council
consideration is required for the following;

•   The applicant has requested assessment of the proposed main building wall height
    under the performance criteria of the Residential Design Codes (R Codes);

•   An objection has been received from the adjoining landowner in regard to the wall
    height; and

•   A variation to the maximum wall height for a boundary wall.

In support of the proposal, the applicant has stated the following:

•   The highest portion of the wall is a central element of the rear roof structure and is
    located 6.15m from the northern side boundary and 7.83m from the southern side
    boundary.

•   The area of the wall height variation has no impact on light and ventilation to
    surrounding properties.

Background

Town Planning Scheme No. 24 Zoning:             Residential (R20/25)

Use Class:                                      Single house –‘P’

Lot Area:                                       745m²

Existing Land Use:                              Single house

Surrounding Land Use:                           Residential

Size/Nature of Proposed Development:            Two Storey Single House




                                          Page 42
ORDINARY COUNCIL MEETING MINUTES                                                              24 AUGUST 2010




       SCHEME PROVISIONS                                  REQUIRED                           PROVIDED
Setbacks                  Front                      6m Average                     8.3m
                          Rear                       1.5m/4.1m                      11.18m
                          Side (N)                   1.5m/2.1m                      1.6m/2.2m
                          Side (S)                   1m/1.5m/2.3m/3.3m,             0m*/3.09m/7.5m

Lot Area                                             440m²/320m²                    745m²
Open Space                                           50%                            65.8%
Main Building Wall Height                            6m                             6.5m
Parking                                              2 bays                         2 bays
* Letter of non-objection received from adjoining landowner at 34 Wheeler Street, Morley.

         PARAPET/BOUNDARY WALL
                ACCEPTABLE                                        REQUIRED                    PROVIDED
         DEVELOPMENT STANDARDS
         Maximum Wall Height                                               3.0m                      3.1m
         Max. Average Wall Height                                          2.7m                   3.05m
         Maximum Wall Length                                                9m                    5.49m

Submission
The proposal incorporates a main building wall height of 6.5m when measured from the
natural ground level and a boundary wall. A letter of non-objection was provided from the
landowner of No. 34 Wheeler Street in regard to the boundary wall. No comment was
received from the landowners of No. 34 and No. 38 Wheeler Street and No. 33 and No. 35
Hewton Street in regard to the main building wall height variation. Comment was not
sought from the adjoining landowners at Nos. 37-41 Wheeler Street as the proposed main
building wall height variation was considered to not unduly affect the landowners. One (1)
submission was received from the landowners at No. 37a Hewton Street in relation to the
main building wall height. The submission received states that the owners are concerned
about overlooking as a result of windows on the upper floor.

Comment
Compliance with the Scheme and R Code Requirements
Assessment of the application indicates that the proposed development complies with the
acceptable development standards of the R Codes 2008, the City’s Town Planning Scheme
No. 24 and Council Policy with the exception of main building wall height, a submission
being received in regards to the main building wall height and a variation to the maximum
wall height for a boundary wall.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Wall Height
The acceptable development standards of the R Codes require that wall and building
height do not exceed the following requirements:

•   6m in external wall height for pitched roofs;
•   7m external wall height for concealed roofs; and
•   9m total building height to the top of a pitched roof.

The proposal incorporates a wall height of 6.5m which does not meet the acceptable
development standards of the R Codes and a roof pitch height of 8.83m which complies
with the acceptable development standards of the R Codes. Given that the wall height does
not meet the acceptable development standards and an objection has been received in
regard to the proposal, it has been assessed under the relevant performance criteria, which
state that:

‘Building height consistent with the desired height of buildings in the locality, and to
recognise the need to protect the amenities of adjoining properties, including, where
appropriate:
•   adequate direct sun to buildings and appurtenant open spaces;
•   adequate daylight to major openings to habitable rooms; and
•   access to views of significance’.

The area of the wall height variation is confined to the rear of the dwelling and does not
unduly impact on the existing streetscape. It is also noted that the gradient of the subject
site slopes down 1m from the street to the rear of the lot. The proposed wall height is not
considered to affect solar access or access to views of significance of adjoining properties.
The proposed wall height variation does not result in any variation to visual privacy and it
is noted that the proposed single dwelling is set back a distance of 11.18m from the rear
boundary. It is therefore considered that the proposed variation to wall height meets the
performance criteria and is supported.
Boundary Wall
The proposal incorporates a boundary wall which adjoins the southern property boundary.
The boundary wall has a maximum height of 3.1m when measured from natural ground
level and a maximum length of 5.49m. The proposed boundary wall slightly exceeds the
acceptable development standards for boundary wall height given the sloping ground level
at the boundary. The adjoining landowner at No. 34 Wheeler Street has provided a letter of
non-objection to the boundary wall and it is therefore deemed to comply with Council
policy regarding boundary walls.

Summary
Assessment of the application indicates that the application complies with the acceptable
development standards of the R Codes, Town Planning Scheme No. 24, and Council
Policy with the exception a variation to wall height, an objection received in regard to wall
height and a variation to the maximum wall height for a boundary wall. The wall height
variation is not considered to unduly impact on the adjoining properties in terms of solar
access and amenity, and the development complies with the visual privacy requirement of
the R Codes. The adjoining landowner has provided a letter of non objection regarding the
variation to the maximum wall height for a boundary wall. Accordingly, the proposal is
recommended for approval.

                                          Page 44
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010


Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for a two storey single house at Lot 43, No. 36
Wheeler Street, Morley in accordance with the application dated 10 March 2010 and
revised plans dated 22 July 2010, subject to the following standard planning
conditions:
1.   This approval is valid for a period of two (2) years from the date of this letter.
     If the development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first been sought and obtained.

2.   The development shall be carried out only in accordance with the terms of the
     application as approved herein, and any approved plan.

3.   The development complying with any details marked in red on the approved
     plans.

4.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and
     Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.

5.   This approval does not authorise any interference with dividing fences, nor entry
     onto neighbouring land. Accordingly, should you wish to remove or replace any
     portion of a dividing fence, or enter onto neighbouring land, you must first come
     to a satisfactory arrangement with the adjoining property owner. Please refer to
     the Dividing Fences Act 1961.

6.   The approved boundary wall and footings abutting the southern boundary
     must be constructed wholly within the subject allotment. The external surface
     of the boundary wall shall be finished to a professional standard to complement
     the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.

7.   On completion of construction, all excess articles, equipment, rubbish and
     materials being removed from the site and the site left in an orderly and tidy
     condition.

8.   The applicant is to make arrangements to the satisfaction of the Water
     Corporation for the provision of reticulated sewerage to all lots/units within the
     subdivision/development. Where the Water Corporation reticulated sewer is not
     available the premises are to be connected to an approved wastewater treatment
     system which complies with the requirements of the Treatment of Sewage and
     Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage
     Policy Perth Metropolitan Region.




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ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


9.    Any existing septic system is to be decommissioned to the satisfaction of the
      City of Bayswater and in accordance with the Treatment of Sewage and Disposal
      of Effluent and Liquid Waste Amendment Regulations (No.2) 1997.

10.   All stormwater and drainage runoff produced onsite is to be disposed of onsite via
      the use of soakwells. The size of the soakwells are to be calculated by use of the
      formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of
      soakwells and AREA is total roofed and paved areas. Connection to the City’s
      stormwater system, where available, may be permitted as an overflow only if to
      the satisfaction of the City of Bayswater.

11.   All vehicle crossings being upgraded, designed and constructed to the satisfaction
      City of Bayswater. Payment for the crossover is required prior to the issue of a
      building licence.

12.   The existing and/or proposed driveways being constructed with brick paving or
      concrete to the satisfaction of the City of Bayswater.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 46
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


At the Planning and Development Services & Administration and Community Services
Committee meeting:
This item followed deputations.

11.1.5       Proposed Two Storey Grouped Dwelling
             Location:     Lot 2, No. 44a McKenzie Way, Embleton
             Attachment:   No. 1 - Location Plan and Site Photo
                           No. 2 – Detailed Plans
             Applicant:    Nedeljko Maksimovic
             Owner:        Aleksandra and Nedeljko Maksimovic
             Officer:      Director of Planning and Development Services
Application
MRS Form 1 dated 25 February 2010 and revised plans dated 11 July 2010 have been
received for a proposed two storey grouped dwelling at Lot 2, No.44 McKenzie Way,
Embleton.

Council consideration is required for the following matters:
1. A variation of 0.5m to the maximum wall height permitted under the Residential
   Design Codes (R Codes);
2. A variation to the maximum average height for a boundary wall;
3. Two (2) objections have been received with regard to the proposed main building wall
   height; and
4. One (1) objection has been received with regard to the proposed boundary wall.

In support of the application, the applicant has advised the following:

1. The subject site has a sloping ground level that results in the variation to the wall
   height;
2. If the subject site was to be excavated, it would result in increased building costs due
   to necessary retaining and may adversely impact on driveway width and gradient; and
3. Excavation of the ground level may adversely impact on the functionality of the
   garage.

Background

Town Planning Scheme No. 24 Zoning:             Medium and High Density Residential R25

Use Class:                                      Grouped Dwelling – ‘P’

Lot Area:                                       486m²

Existing Land Use:                              Vacant Lot

Surrounding Land Use:                           Residential, McKenzie Reserve

Size/Nature of Proposed Development:            Two Storey Grouped Dwelling




                                          Page 47
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010




       SCHEME PROVISIONS                      REQUIRED                 PROVIDED
Setbacks           Side (SE)             1.5m/1.2m/2.1           1.576/2.1m
                   Side (NE)             1m/1.56m/1.2m/2.1m        0m/1.56m/2m/2.1m
                   Rear (SW)                1.5m/1.2m/3.0m                4.8m

Lot Area                                         320m²                    486m²
Open Space                                        50%                    54.46%
Parking                                          2 bays                   2 bays

       PARAPET/BOUNDARY                          REQUIRED                PROVIDED
       WALL ACCEPTABLE
       DEVELOPMENT
       STANDARDS
       Maximum Wall Height                       3m                      2.85m

       Maximum. Average Wall Height              2.7m                    2.77m

       Maximum Wall Length                       9m                      7.76m

Submissions
Neighbour comments were sought from the landowners of No.3/85 Collier Road, Nos.87
and 87a Collier Road, No.89a Collier Road and No.42 McKenzie Way, Embleton with
regard to the variation in wall height, and from No.44 McKenzie Way with regard to the
boundary wall. The City received two (2) submissions from the landowners of No.87a and
89a Collier Road in regard to the wall height and one (1) submission from the adjoining
landowner at No.44 McKenzie Way in regard to the boundary wall. The landowners raised
the following concerns in the submissions:

Main Building Wall Height Variation;
1. The adjoining properties at No.87a and No.89a Collier Road have been excavated and
   retained at the property boundaries, thereby effectively making the proposed wall
   height 1m higher than proposed;
2. The proposed development will result in overshadowing of the adjoining properties at
   Nos.87a and 89a Collier Road, causing damp conditions for the adjoining dwellings;
   and
3. Concerns regarding stormwater disposal from the proposed development.

Boundary Wall Variation;
1. The proposed boundary wall is located immediately opposite of the back door of the
   existing house at 44 McKenzie Way. The boundary wall would be physically imposing
   and would reduce the value of the dwelling at 44 McKenzie Way;
2. The proposed boundary wall would reduce the availability of natural light to the
   existing dwelling at 44 McKenzie Way;
3. The proposed boundary wall would unduly impact on the existing dividing fence; and
4. Potential exists to set the proposed boundary wall a distance of 1m.



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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



Comment
Assessment of the application indicates that the proposed development complies with the
acceptable development standards of the R Codes, the City’s Town Planning Scheme No.
24 (TPS 24) and Council policies with the exceptions of variations to the maximum wall
height, a submission been received in regard to a boundary wall and a variation to the
maximum average wall height for a boundary wall.

Wall Height
The acceptable development standards of the R Codes require that wall and building
height do not exceed the following requirements:

•   6.0m external wall height for pitched roofs;
•   7.0m external wall height for concealed roofs; and
•   9.0m total building height to the top of a pitched roof.

The proposal incorporates a maximum wall height of 6.5m when measured from natural
ground level and a total overall building height of 8.5m. Given that the proposed wall
height does not meet the acceptable development standards, it has been assessed under the
relevant performance criteria which states that:

“Building height consistent with the desired height of buildings in the locality, and to
recognise the need to protect the amenities of adjoining properties, including where
appropriate:
•    adequate direct sun to buildings and appurtenant open spaces;
•    adequate daylight to major openings to habitable rooms; and
•    access to views of significance”.

The ground level of this site has a fall of 1.6m from the southeast to northwest side lot
boundaries. The applicant has proposed to fill and excavate at varying levels to
accommodate the proposed dwelling. The area of the wall height variation is concentrated
in the north western portion of the lot with the south-eastern portion of the dwelling
compliant with provisions of the R Codes regarding wall height. It is also noted that the
adjoining properties at No’s.87a and 89a Collier Road have been excavated and have 1m
high retaining walls, thereby exacerbating the appearance of the wall height variation .

It is considered that the wall height variation is not excessive, given that the wall complies
with relevant setback provisions under the R Codes. In addition to this, the wall height is
not considered to not unduly restrict natural light from entering the aforementioned
adjoining properties or restrict views of significance. It is noted that the proposal complies
with the acceptable development standard regarding total building height and accordingly,
the variation to wall height is therefore supported.

Overshadowing
The landowners at Nos. 87a and 89a Collier Road have identified possible overshadowing
from the proposed dwelling as an issue that may unduly impact on the adjoining
properties. The acceptable development standards of the R Codes provides for a shadow
cast as a result of a new development shall not exceed 25 percent (128.5m) on adjoining
properties coded Medium and High Density R25.


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ORDINARY COUNCIL MEETING MINUTES                                                24 AUGUST 2010


The overshadowing from the proposed development cast on No.89a Collier Road has been
calculated as 20.35 percent (104.65m), with no shadow cast on No.87a Collier Road. The
proposed overshadowing is therefore considered to meet the acceptable development
standards of the R Codes.

Stormwater Disposal
The landowners at Nos.87a and 89a Collier Road have raised concerns regarding
stormwater disposal from the proposed development. A standard condition of development
approval is that all stormwater and drainage runoff produced onsite is to be disposed of via
the use of soakwells.

Boundary Wall
The application proposes a boundary wall with a maximum wall height of 2.85m and a
maximum wall length of 7.76m. Clause 6.3.2 of the R Codes “Buildings on Boundary”
requires boundary walls to comply with the provisions except where otherwise provided
for in a local planning policy. The City’s policy for boundary walls states that any wall
within 1.0m of a boundary requires neighbour’s comment. Where an objection is received
the development is required to be determined under performance criteria by Council.

The relevant performance criteria of the R Codes states:

“Buildings built up to boundaries other than the street boundary where it is desirable to
do so in order to:
• make effective use of space; or
• enhance privacy; or
• otherwise enhance the amenity of the development; and
• not have any significant adverse effect on the amenity of the adjoining property; and
• ensure that direct sun to major openings to habitable rooms and outdoor living area
    of adjoining properties is not restricted”.

In assessing the wall against the performance criteria of the R Codes, it is considered that
the proposal will not unduly affect the amenity of the adjoining property in regards to solar
access as the adjacent dwelling is setback from the boundary approximately 2m. The
height of the boundary wall is not expected to contribute excessively to the bulk of the
building, nor have an undue impact on the adjoining property’s outdoor living area. The
boundary wall is also considered to make effective use of space given the restricted shape
of the rear strata lot. In addition to this, the applicant has advised that the existing dividing
fence will not be removed during the construction of the boundary wall. Given this, the
proposed boundary wall is considered to meet the performance criteria of the R Codes.

Summary
Assessment of the application indicates that it complies with the acceptable development
standards of the R Codes, TPS 24 and Council policy with the exception of a variation to
the maximum wall height, two (2) submissions received in regard to the wall height, a
submission received in regard to the boundary wall and a variation to the maximum
average wall height. The proposed wall height variation and boundary wall are considered
to meet the performance criteria of the R Codes and accordingly, the application is
recommended for approval.



                                            Page 50
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR TERRY BLANCHARD SECONDED that
Planning Approval be granted for proposed two storey grouped dwelling at Lot 2,
No. 44a McKenzie Way, Embleton in accordance with the application dated
25 February 2010 and revised plans 11 dated July 2010, subject to the following
planning conditions:

1.    This approval is valid for a period of two (2) years from the date of this letter.
      If the development/use, the subject of this approval, is not SUBSTANTIALLY
      COMMENCED within two years, the approval shall lapse and be of no
      further effect. Where an approval has lapsed, no development/use shall be
      carried out without the further approval of the City having first been sought
      and obtained.
2.    The development shall be carried out only in accordance with the terms of the
      application as approved herein, and any approved plan.
3.    The development complying with any details marked in red on the approved
      plans.
4.    In accordance with the Local Government (Miscellaneous Provisions) Act 1960
      and Building Regulations 1989, a building licence must be obtained prior to
      the commencement of any building works.
5.    This approval does not authorise any interference with dividing fences, nor
      entry onto neighbouring land. Accordingly, should you wish to remove or
      replace any portion of a dividing fence, or enter onto neighbouring land, you
      must first come to a satisfactory arrangement with the adjoining property
      owner. Please refer to the Dividing Fences Act 1961.
6.    The approved boundary wall and footings abutting the boundary must be
      constructed wholly within the subject allotment. The external surface of the
      boundary wall shall be finished to a professional standard to complement the
      dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.
7.    On completion of construction, all excess articles, equipment, rubbish and
      materials being removed from the site and the site left in an orderly and tidy
      condition.
8.    The applicant is to make arrangements to the satisfaction of the Water
      Corporation for the provision of reticulated sewerage to all lots/units within
      the subdivision/development. Where the Water Corporation reticulated sewer
      is not available the premises are to be connected to an approved wastewater
      treatment system which complies with the requirements of the Treatment of
      Sewage and Disposal of Effluent and Liquid Waste Regulations and the
      Government Sewerage Policy Perth Metropolitan Region.




                                       Page 51
ORDINARY COUNCIL MEETING MINUTES                                                       24 AUGUST 2010


9.     Any existing septic system is to be decommissioned to the satisfaction of the
       City of Bayswater and in accordance with the Treatment of Sewage and
       Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997.
10.    All stormwater and drainage runoff produced onsite is to be disposed of onsite
       via the use of soakwells. The size of the soakwells are to be calculated by use
       of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage
       volume of soakwells and AREA is total roofed and paved areas. Connection
       to the City’s stormwater system, where available, may be permitted as an
       overflow only if to the satisfaction of the City of Bayswater.
11.    All vehicle crossings being upgraded, designed and constructed to the
       satisfaction of the City of Bayswater. Payment for the crossover is required
       prior to the issue of a building licence.
12.    The existing and/or proposed driveways being constructed with brick paving
       or concrete to the satisfaction of the City of Bayswater.
                                                                                      CARRIED: 9/1
      FOR:     Councillors Kenyon, McKenna, Sabatino, Pittaway,
               Turkington, Palmer, Albert, Blanchard and Radford
      AGAINST: Councillor Robinson


      At the Planning and Development Services & Administration and Community Services Committee
      Meeting
      FOR:              Councillors Kenyon, Albert, Pittaway, Radford, Turkington, McKenna
      AGAINST:          Councillor Robinson




                                               Page 52
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


11.1.6      Proposed Four (4) Single Storey Grouped Dwellings
            Location:         Lots 1, 2 & 3 Nos. 19-19B Hudson Street, Bayswater
            Attachments:      No. 1 - Location Plan and Site Photos
                              No. 2 - Detailed Plans
                              No. 3 – Excerpt from Adverse Possession Claim
                              Application
            Applicant:        BGC Residential Pty Ltd
            Owner:            Kenneth Sealey
            Officer:          Director of Planning and Development Services
            Refer:            Item 12.3.14: OCM 25.03.2008
Application
MRS Form 1 and plans dated 15 January 2010 and amended plans received 30 March
2010 have been received for four (4) single storey grouped dwellings at Lots 1, 2 and 3,
(previously Lot 772), Nos. 19 – 19B Hudson Street Bayswater.
The proposal includes three parapet/boundary walls abutting the northwest and southeast
lot boundaries.
Council consideration is required as the City has received three (3) submissions from
adjoining landowners at No. 17 Hudson Street, No. 20 Hudson Street and No. 21 Hudson
Street. The submissions raise the following concerns:

•   The lot boundary location between the subject site and Lot 771, No. 21 Hudson Street
    is in dispute and is the subject of an adverse possession claim;

•   The proposed parapet/boundary walls along No. 17 Hudson Street will be constructed
    on the surveyed boundary as shown on the site plan; and

•   The proposed development will result in an undue impact upon the amenity of the
    area by creating excessive traffic congestion and causing the removal of street trees.

In support of the application, the applicant has advised the following:

•   The proposed development is to be built in accordance with the surveyed boundaries
    as indicated on the survey strata plan;

•   The development complies with the requirements of the Residential Design Codes (R
    Codes) with regard to the provision of parking spaces and will not create an
    exceptional and undue impact upon traffic congestion in the immediate area; and

•   The current proposal for four single storey grouped dwellings has a lesser impact than
    the proposals for two storey dwellings previously approved for the subject sites.




                                          Page 53
 ORDINARY COUNCIL MEETING MINUTES                                                             24 AUGUST 2010



 Background

Town Planning Scheme No. 24 Zoning:                         Medium and High Density Residential R25
Use Class:                                                  Grouped Dwellings –‘P’

Lot Area:                                                   320m², 320m², 327.5m² and 321.2 m².

Existing Land Use:                                          Vacant/Single House

Surrounding Land Use:                                       Residential

Size/Nature of Proposed Development:                        Four Single Storey Grouped Dwellings

 The City is aware that a portion of the site is subject to an adverse possession claim by the
 landowner of Lot 771, No. 21 Hudson Street Bayswater (refer Attachment No. 3). Any
 legal issues concerned with the adverse possession claim are civil between the respective
 landowners and the City has no direct involvement with these proceedings.

    SCHEME PROVISIONS                               REQUIRED                            PROVIDED
Setbacks -

Unit 1                     Front (NE)          Min 3.0m/Ave 6.0m             Min 6.1m/ Ave 6.0m
                           Side (SE)           1.5m                          0.0m*
                           Side (NW)           1.5m                          0.0m (Internal lot boundary)
                           Rear (SW)           1.5m                          5.0m

Unit 2                     Front (NE)          Min 3.0m/Ave 6.0m             Min 4.1m/Ave 6.0m
                           Side (SE)           1.0m                          1.0m
                           Side (NW)           1.5m                          0.0m (Internal lot boundary)
                           Rear (SW)           1.5m                          0.5m (Internal lot boundary)

Unit 3                     Side (NW)           1.0m                          0.0m (Internal lot boundary)
                           Side (SE)           1.0m                          0.0m*
                           Rear (SW)           1.5m                          5.1m

Unit 4                     Side (NW)           1.0m                          0.3m**
                           Side (SE)           1.5m                          0.0m (Internal lot boundary)
                           Rear (SW)           1.5m                          4.0m
Lot Area                                       320m2                         320m2, 320m2, 327.5m2, 321.2m2
Open Space                                     50%                           Unit 1 - 51.7%
                                                                             Unit 2 – 51.4%
                                                                             Unit 3 – 51.2%
                                                                             Unit 4 – 53.5%
Parking                                        2 bays                        2 bays

 *Qualified non-objection received from landowner of No. 17 Hudson Street.
 **Objection received from the landowner of No. 21 Hudson Street.


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ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


PARAPET/BOUNDARY WALL                      REQUIRED                    PROVIDED
  R CODES PROVISIONS
Max. Wall Height -                           Max/Ave                     Min/Ave
Unit 1 (SE)                                 3.0m/2.7m                   3.3m/3.0m
Unit 3 (SE)                                 3.0m/2.7m                   2.7m/2.7m
Unit 4 (NW)                                 3.0m/2.7m                   2.9m/2.8m
Max. Wall Length -
Unit 1 (SE)                                    9.0m                     5.4m/8.8m
Unit 3 (SE)                                    9.0m                        6.4m
Unit 4 (NW)                                    9.0m                        6.9m

The landowner received a conditional approval from the Western Australian Planning
Commission (WAPC) dated 13 July 2005 to subdivide the subject sites into three (3)
survey strata lots. This subdivision was endorsed by the WAPC on 25 July 2007 and
reflects the current lot configuration.
The landowner received a conditional approval from the WAPC dated 22 February 2008
for the further subdivision of the front lot into two new survey strata lots with direct
frontage to Hudson Street. This will require the demolition of the existing dwelling at 19
Hudson Street.
Council at its Ordinary Meeting on 25 March 2008 granted planning approval for two two-
storey dwellings on the then proposed Lots 2 and 3. The approval expired on 25 March
2010. The proposal included parapet/boundary walls in similar locations to those
contained within the subject application.
The landowner also obtained a separate planning approval under delegated authority dated
25 July 2008 for two two-storey dwellings to be constructed on the then proposed Lot 1.
This proposal expired on 25 July 2010 and did not include any parapet/boundary walls on
the southeast lot boundary.

Comment
Assessment of the application indicates that the proposed development complies with the
City’s Town Planning Scheme No. 24 (TPS 24), the R Codes and Council policy
requirements with the exception of the submissions received in relation to the proposed
boundary/parapet walls.

Parapet/Boundary Walls
The proposal incorporates boundary walls to the external southeast side boundary and the
side northwest boundary.

There are boundary/parapet walls proposed within the development that are to abut
internal lot boundaries. As there is a common landowner across all of the subject lots no
neighbour comment was required and these walls are considered acceptable.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Clause 3.3.2 of the R Codes - Buildings on Boundary, requires boundary walls to comply
with the provisions except where otherwise provided for in a local planning policy. The
City’s policy for boundary walls states that any wall within 1.0 metre of a boundary
requires neighbour’s comment.

The relevant performance criteria of the R Codes states that:

“Buildings built up to boundaries other than the street boundary where it is desirable to
do so in order to:
    • make effective use of space; or
    • enhance privacy; or
    • otherwise enhance the amenity of the development;
    • not have any significant adverse effect on the amenity of the adjoining property;
        and
    • ensure that direct sun to major openings to habitable rooms and outdoor areas of
        adjoining properties is not restricted”.

Northwest Parapet/Boundary Wall
The parapet/boundary wall setback 0.3m from the northwest boundary of Lot 3 has a
length of 6.9m, a maximum height of 2.9m, and an average height of 2.8m in lieu of the
required 2.7m. The wall is proposed to abut a brick wall and outbuilding.

The City sought comment from the adjoining landowner of No. 21 Hudson Street with
regards to the proposed parapet/boundary wall. The landowner subsequently provided a
letter of objection via solicitors that raised the following matters:

•   The lot boundary between the two sites is in dispute and is the subject of an adverse
    possession claim; and
•   The foundations of the existing outbuilding are allegedly damaged and should be
    reinstated prior to the commencement of any works.

With regard to the first matter as stated previously the adverse possession claim is a civil
matter between the two landowners and the City has no involvement in the matter. The
City received prior advice from its solicitors regarding the approval of a development on
land that is the subject of an adverse possession claim. Following is an excerpt from the
Council Minutes from 25 March 2008 regarding a previous application for the subject site.

“The City has sought advice from its Solicitors with regards to the potential impacts of
determining the application whilst there is an outstanding adverse possession claim
pending for a small portion of the subject site from the adjoining landowner.
The City’s Solicitors have advised that the City is entitled to proceed on the basis that the
registered proprietor of Lot 772 is the legal owner of the whole of the land comprised in
the relevant certificate of title. The fact that an adverse possession claim has been made
does not prevent the City from determining the merits of the development proposal on
land, the subject of the claim. It is not considered that determining the application based
on its merits and the current legal ownership of the land should give rise to any cause of
action against the City which could lead to a damages claim.




                                          Page 56
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


It is also advised that if planning approval is granted, the adjoining land owner may seek
to obtain an injunction to prevent the City from issuing a building license and to prevent
the Lot 772 owner from building until such time as the adverse possession claim is
determined”.
With regard to the second matter raised in the adjoining landowner’s submission the City
has requested an engineer’s report for the condition of the outbuilding. To this point in
time the City has not received a copy of the report. Further requests have been issued to
the landowner of No. 21 Hudson Street as of 4 August 2010. The City has no record of
approval for the abutting garage, nor any evidence to suggest that the footings are
structurally unsound. This is being actioned separately. Notwithstanding should the
footings be determined to be structurally unsound the owner of the subject land could be
responsible.

Given that the proposed parapet/boundary wall does not comply with the acceptable
development standards of the R Codes with regard to the average wall height and that an
objection has been received it has been assessed under the aforementioned performance
criteria of the R Codes.

The proposed parapet/boundary wall is considered to assist in making effective use of
space within Lot 2, does not affect the penetration of adequate sunlight or the provision of
privacy to the adjoining properties and is not considered to have a significant adverse
effect on the amenity of the adjoining properties.

It is noted that Council previously granted a development approval on 25 March 2008 for
a proposal encompassing the then proposed Lots 2 and 3 that included a parapet/boundary
wall abutting the northwest property boundary that measured 8.8m in length and 2.5m in
height.

Given the above, it is considered that the proposed parapet/boundary wall meets the
relevant performance criteria and is recommended for approval.

Southeast Parapet/Boundary Walls
Three (3) parapet/boundary walls for Units 1 and 3 are proposed along the southeast
boundary of Lots 1 and 3. The walls are to have respective lengths of 5.4m, 8.8m and
6.4m and respective maximum/average heights of 2.7m/2.7m, 3.3m/3.0m and 2.7m/2.7m.

The two Unit 1 walls will have an aggregate length of 14.2m. Given that the aggregate
length of the proposed walls for Unit 1 and the height of the southern wall for Unit 1 do
not comply with acceptable development standards of the R Codes they have been
assessed under the performance criteria.

The landowner of No. 17 Hudson Street has provided comments of qualified non-
objection with regard to the boundary/parapet walls of Units 1 and 3 that are proposed to
abut the southeast lot boundary. The landowner has raised the following matters in the
submission:

•   The proposed development is to be constructed in accordance with the surveyed lot
    boundary as indicated on the site plan provided; and
•   The future dividing fence is to be built in accordance with the surveyed lot boundary.


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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


The applicant has advised the City that the proposed parapet/boundary walls will be
constructed in accordance with the surveyed boundary line.

With regard to the second matter, dividing fences are a civil matter between the two
landowners and the City has no direct involvement. A condition of the officer’s
recommendation states in part that the landowner/applicant should liaise with the
neighbouring landowner before the removal of any dividing fence.

The proposed parapet/boundary walls are considered to make effective use of space, do
not affect sunlight or the privacy of adjoining properties and are not considered to have a
significant adverse effect on the amenity of the adjoining properties. After assessing all of
the points noted above, it is considered that the proposed parapet/boundary walls meet the
relevant performance criteria and are recommended for approval.

Other Matters
The City has received a submission from the landowner of No. 20 Hudson Street regarding
concerns that the proposed development will result in excessive traffic congestion and the
removal of street trees.

Assessment of the application indicates that it complies with the acceptable development
standards of the R Codes with regard to the provision of parking bays for each proposed
dwelling. Furthermore there is no requirement for visitor parking bays to be provided as
the relevant acceptable development standards of the R Codes states that visitor parking
should be provided at a rate of one space per four dwellings served by a common property
access leg. Only two of the proposed dwellings are served by a common property access
leg, accordingly the proposal complies with this aspect of the R Codes.

It is anticipated that the existing Queensland box gum trees that are located on the verge
adjacent to the property will have to be removed to facilitate the provision of widened
crossovers to service Units 1 and 2. A condition of the officer’s recommendation will
require the landowner to provide and maintain one (1) appropriate tree to replace the two
(2) that will be removed.

Summary
Assessment of the application indicates that the proposed development complies with the
acceptable development standards of the R Codes, TPS 24 and Council policies, with the
exception of the variations with regard to the proposed boundary/parapet walls. It is
considered that the variations sought meet with the relevant performance criteria of the R
Codes and will not unduly affect the amenity of the neighbouring properties and are
therefore recommended for approval.

The determination of the adverse possession claim does not limit Council in determining
the application. Any modifications that may arise once the adverse possession application
is determined is a matter for the applicant.

Voting Requirements
Simple Majority Required.




                                          Page 58
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



Officer's Recommendation
That Planning Approval be granted for four (4) single-storey grouped dwellings at Lots 1,
2 and 3, Nos. 19-19B Hudson Street, Bayswater in accordance with the application dated
15 January 2010 and amended plans received 30 March 2010, subject to the following
planning conditions:

1.   The City has been made aware that part of the development is proposed on land that
     is the subject of an adverse possession claim by the owner of Lot 771, No. 21
     Hudson Street, Bayswater. In granting planning approval for the development, the
     City does so on the basis that K.G Sealey and L. Tarulli are currently the registered
     proprietors of the land on which the development is proposed. The grant of planning
     approval does not reflect any view on the part of the City on the merits of the
     adverse possession claim. The City intends to advise the owner of Lot 771, No. 21
     Hudson Street, Bayswater of the decision to grant planning approval on that basis.
2.   This approval is valid for a period of two (2) years from the date of this letter. If the
     development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first been sought and obtained.
3.   The development shall be carried out only in accordance with the terms of the
     application as approved herein, and any approved plan.
4.     The development complying with any details marked in red on the approved plans.
5.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and
     Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.
6.   This approval does not authorise any interference with dividing fences, nor entry onto
     neighbouring land. Accordingly, should you wish to remove or replace any portion of a
     dividing fence, or enter onto neighbouring land, you must first come to a satisfactory
     arrangement with the adjoining property owner. Please refer to the Dividing Fences Act
     1961.
7.   The approved parapet/boundary walls and footings abutting the northwest and
     southeast boundaries must be constructed wholly within the subject allotments. The
     external surface of the parapet/boundary walls shall be finished to a professional
     standard to complement the dwellings on the adjoining lots, to the satisfaction of the
     City of Bayswater.
8.   On completion of construction, all excess articles, equipment, rubbish and materials
     being removed from the site and the site left in an orderly and tidy condition.
9.   The applicant is to make arrangements to the satisfaction of the Water Corporation
     for the provision of reticulated sewerage to all lots/units within the
     subdivision/development. Where the Water Corporation reticulated sewer is not
     available the premises are to be connected to an approved wastewater treatment
     system which complies with the requirements of the Treatment of Sewage and
     Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage
     Policy Perth Metropolitan Region.



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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


10.   Any existing septic system is to be decommissioned to the satisfaction of the City of
      Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent
      and Liquid Waste Amendment Regulations (No.2) 1997.
11.   All vehicle crossings being upgraded, designed and constructed to the satisfaction of
      the City of Bayswater. Payment for the crossover is required prior to the issue of a
      building licence.
12.   The existing and/or proposed driveways being constructed with brick paving or
      concrete to the satisfaction of the City of Bayswater.
13.   A street tree of a species and size approved by the City’s Technical Services
      Division to be planted in the verge abutting Lot 1, No. 19 Hudson Street, Bayswater.
      The tree shall be maintained in a healthy condition and shall be planted prior to
      occupancy of the dwelling. Should the tree die it shall be replaced by a tree of
      similar height and trunk diameter within 30 days.

At the Planning and Development Services & Administration and Community Services
Committee meeting:

Committee Discussion
The Committee considered the officer’s recommendation and decided that the item should
be deferred to obtain more information relating to the structural integrity of the
outbuilding on Lot 771, the redesign of the crossovers to retain verge trees and the
provision of more legible plans.



COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
item be deferred to obtain more information.

                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                         Page 60
ORDINARY COUNCIL MEETING MINUTES                                                          24 AUGUST 2010


11.1.7         Proposed Warehouse Addition
               Location:     Lot 31, Unit 2, No. 8 Boag Place, Morley
               Attachments: No 1. - Location Plan and Site Photos
                             No. 2 - Detailed Plans
               Applicant:    Mini Projects WA
               Owner:        Personalised Tuition Services Pty Ltd
               Officer:      Director of Planning and Development Services
Application
MRS Form 1 and plans dated 12 March 2010 and revised plans dated 30 June 2010 have
been received for a proposed extension to the existing warehouse at Lot 31, Unit 2, No.8
Boag Place, Morley.

The proposal comprises an extension of the existing warehouse into the yard area which
was previously the external storage area for Unit 2. The current application proposes to
enclose this area and utilise the space for storage/warehouse purposes.

Council consideration is required to consider the proposed variation to the side setback
requirement.

Background

Town Planning Scheme No. 23 Zoning:                           Central City Area – Precinct 9

Use Class:                                                    Warehouse – ‘P’

Lot Area:                                                     2,589m²

Existing Land Use:                                            Warehouse/Factory Units

Surrounding Land Use:                                         Factory/Service Industry/Showroom

Size/Nature of Proposed Development:                          Warehouse Addition and Enclosure


       SCHEME PROVISIONS                                 REQUIRED                      PROVIDED
Setbacks                  Front (NE)                     4m maximum               12m (existing Unit 1)
                          Side (NW)                         3.3m                          0m*
                          Side (SE)                         2.1m                           6m
                          Rear (SW)                         1.5m                  4m (existing building)
Maximum Plot Ratio                                               1.5                       0.49
Parking                                                   29 car bays                   21 car bays
“*” denotes variation sought to TPS 23 setback requirement.


The City granted approval on 23 November 2009 for alterations to Unit 2 which
comprised the installation of two roller doors opening onto the internal accessway.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


The site comprises seven (7) units, with Unit 1 being a two storey structure used as an
office/education establishment with the remaining six (6) units single storey
factory/warehouses.

Comment
Compliance with Scheme Requirements
The proposal has been assessed against the provisions of Town Planning Scheme No.23
(TPS 23) and Council policies and found to comply with the exception of the proposed
rear setback.

Side Setback
The applicant has proposed a nil side setback to the northwest side boundary in lieu of the
TPS 23 requirement of 3.3 metres. The applicant is seeking to relax the setback
requirement with the side setback consistent with the setback of Unit 1 and 2 in the
complex, which have similar nil setbacks from the northwest side boundary.

The proposed nil setback is not considered to unduly impact on the amenity of the
adjoining property, which is used for vehicle/mechanical repairs. The imposition of the
setback requirement would result in an unusable area, would reduce the internal area of the
proposed warehouse addition and could negatively affect the amenity of the adjoining side
property through waste and other materials being potentially visible in the side setback
area.

The reduced setback is considered to have merit in this instance.

Bin Store
The applicant has advised that the bin store for the development is proposed within the
front setback area of the site. The provisions of TPS 23 stipulate that front setback areas
should not be used as bin storage areas, and that these should be screened from view from
the street. In this regard, the applicant has advised that the bin store could be
accommodated in bay 14 located at the rear of the site, and be screened from view of the
street.

A review of the City’s records indicates that a dedicated bin store area was not required as
part of the previous approvals for the complex. The provision of a bin store in bay 14 is
considered to satisfy the TPS 23 requirement and will be required to be screened from the
street. A condition to this effect is included in the recommendation.

Parking
The proposal provides for 22 parking bays for the entire complex. An assessment of the
parking under TPS 23 indicates that a total of 29 parking bays are required.

A review of the City’s records indicates that the development was granted approval in
1987 with a total of 21 parking bays given the bin store proposed in bay 14. The other
tenancies in the complex are used for mechanical repairs, vehicle servicing, storage and
vehicle detailing. These existing uses generate only a limited number of vehicle
movements and predominately employ one staff member per tenancy.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


The proposed enclosure of the Unit 2 yard area with the warehouse addition is not
considered to require the provision of additional parking spaces given that the availability
of bays at the front of the site and as the warehouse extension and enclosure is to be used
for warehousing purposes (i.e. storage of vintage motor vehicles).

Inspections of the site during business hours has revealed that only limited number of
vehicles use the available parking bays on site, with most of these bays being vacant. The
applicant has advised that the bays at the front adjacent to the street remain unused for the
majority of the day, and are rarely used to full capacity. There exists additional parking
facilities on Boag Place if required however, it is unlikely that the existing bays on site
would be fully utilised. The number of parking bays is considered to be sufficient to cater
for the proposed warehouse extension and the existing uses in the complex.

The relaxation of the TPS 23 parking standards is considered acceptable in this instance.

Morley City Centre Masterplan
The site is located within the Morley City Centre Masterplan area. This plan is currently in
draft form and the proposed addition is not considered to compromise the intent of this
plan. The development proposed is considered to be consistent with the strategic direction
of the plan.

Summary
An application for the extension of existing warehouse (Unit 2) proposes a nil side setback
to the northwest side boundary which is considered to be appropriate and do not unduly
affect the amenity of the adjoining properties.

The parking bays on site are rarely used to full capacity therefore the number of parking
bays is considered to be sufficient to cater for the uses in the complex. The warehouse
extension is not considered to generate additional parking demand. A condition is
included requiring the bin store to be located in place of parking bay 14.

The application is recommended for approval subject to conditions.

Voting Requirements
Simple Majority Required.




                                          Page 63
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for the proposed warehouse addition at Lot 31, Unit 2,
No. 8 Boag Place, Morley in accordance with application DA09-0176 and revised
plans dated 22 March 2010, subject to the following planning conditions:
1.    This approval is valid for a period of two (2) years from the date of this letter.
      If the development/use, the subject of this approval, is not SUBSTANTIALLY
      COMMENCED within two years, the approval shall lapse and be of no
      further effect. Where an approval has lapsed, no development/use shall be
      carried out without the further approval of the City having first been sought
      and obtained.
2.    The development shall be carried out only in accordance with the terms of the
      application as approved herein, and any approved plan.
3.    The development complying with any details marked in red on the approved
      plans.
4.    In accordance with the Local Government (Miscellaneous Provisions) Act
      1960 and Building Regulations 1989, a building licence must be obtained prior
      to the commencement of any building works.
5.    This approval does not authorise any interference with dividing fences, nor
      entry onto neighbouring land. Accordingly, should you wish to remove or
      replace any portion of a dividing fence, or enter onto neighbouring land, you
      must first come to a satisfactory arrangement with the adjoining property
      owner. Please refer to the Dividing Fences Act 1961.
6.    On completion of construction, all excess articles, equipment, rubbish and
      materials being removed from the site and the site left in an orderly and tidy
      condition.
7.    Landscaping and reticulation must be completed in accordance with an
      approved detailed landscape plan(s) prior to occupation of the development
      and thereafter maintained to the satisfaction of the City of Bayswater.
8.    No storage or display of goods outside the building to the satisfaction of the
      City of Bayswater.
9.    Any onsite signage to be installed in accordance with the City’s Signage Policy
      to the satisfaction of the City of Bayswater.
10.   The provision of a suitably screened refuse bulk bin area with a minimum
      area of 10m2 to the satisfaction of the City of Bayswater. The bin area is to be
      provided with a permanent water supply and drainage facility for wash-down
      and is to be screened by a gate and brick walls or other suitable material to a
      height of not less than 1.8 metres. The bin area shall be accessible via a
      suitably constructed service road that will allow heavy vehicle movement.
      The bin store area to be located in place of parking bay No.14, to the
      satisfaction of the City of Bayswater.




                                       Page 64
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010


11.   All stormwater and drainage runoff produced onsite is to be disposed of onsite
      via the use of soakwells. The size of the soakwells are to be calculated by use
      of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage
      volume of soakwells and AREA is total roofed and paved areas. Connection
      to the City’s stormwater system, where available, may be permitted as an
      overflow only if to the satisfaction of the City of Bayswater.
12.   The vehicle parking area shall be sealed, kerbed, drained and line marked in
      accordance with the approved plans and specifications and shall be thereafter
      maintained to the satisfaction of the City of Bayswater.
13.   The noise generated by construction or operational activities is not to exceed
      the levels prescribed under the Environmental Protection (Noise) Regulations
      1997.
14.   Sanitary Conveniences are to be provided in accordance with the provisions
      of the Building Code of Australia, Health Act 1911 and the Occupational
      Safety Health Regulations
15.   Toilet/bathroom to be mechanically ventilated and flumed to discharge to the
      external air.
16.   Premises to comply with the requirements of the Sewerage (Lighting,
      Ventilation and Construction) Regulations 1971 and the Building Code of
      Australia.
17.   Compliance with the City of Bayswater Health Local Laws.

                       CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 65
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


11.1.8       Proposed Warehouse Extension and Wall Sign to Existing Warehouse
             Location:     Lot 338, No. 39 Raymond Avenue, Bayswater
             Attachments: No. 1 - Location Plan and Site Photos
                           No. 2 - Detailed Plans
             Applicant:    Peter De Bruin
             Owner:        De Bruin Construction
             Officer:      Director of Planning and Development Services
Application
MRS Form 1 and Plans dated 5 March 2010 have been received for an extension to an
existing warehouse at Lot 338, No. 39 Raymond Avenue Bayswater. The proposal
comprises a 125m2 extension of the existing 484m2 building and the installation of new
signage attached to the front of the building facing Raymond Avenue. The business
operating from the site involves the storage of batteries. No manufacturing activities are
currently being undertaken or are proposed to be undertaken from the subject site.
Council consideration is required as the applicant has requested variation to the
requirements of the City’s Town Planning Scheme No. 24 (TPS 24) with regard to
parking, site coverage and landscaping and the City’s signage policy TP-P 5.2 in relation
to wall sign size.

Background

Town Planning Scheme No. 24 Zoning:           General Industry

Use Class:                                    Warehouse – ‘P’

Lot Area:                                     1,074m²

Existing Land Use:                            Warehouse

Surrounding Land Use:                         Industrial and Tonkin       Highway    Primary
                                              Regional Road Reserve

Size/Nature of Proposed Development:          Warehouse Extension and Wall Sign to
                                              Existing Warehouse

     SCHEME PROVISIONS                      REQUIRED                    PROVIDED
Setbacks             Side (W)            Nil for parapet walls              5.1m
                     Side (E)            Nil for parapet walls               Nil
                     Rear (N)            Nil for parapet walls               Nil
Lot Area                                       1000m2                      1074m2
Maximum Site Cover                               50%                       56.7%
Maximum Wall Height                             9.0m                        6.0m
Landscaping                                      10%                        5.3%
Parking                                        12 bays                     5 bays



                                        Page 66
ORDINARY COUNCIL MEETING MINUTES                                                24 AUGUST 2010


The existing warehouse building was conditionally approved by the City on 9 August
1993.

A right of carriageway easement exists on the Certificate of Title between the subject lot
and the neighbouring Lot 800, No. 37 Raymond Avenue thereby permitting vehicles to
potentially use the access leg of Lot 800 to access Lot 338.

Comment
Assessment of the application indicates that the proposal complies with the provisions of
TPS
24 and the City’s policies, with the exception of parking, site coverage, landscaping and
the size of the proposed wall sign.

Parking
The existing building was approved with four (4) parking bays provided. The proposed
addition will add 125m2 of floor area to the warehouse thereby requiring an additional
three (3) bays to be provided in accordance with the developments standards of TPS 24.

The proposal provides for six (6) parking bays for the entire complex. The application
proposes two (2) additional parking bays to be located at the end of the access leg to the
rear of the site. The bays are to abut the proposed warehouse extension. An assessment of
the parking under TPS 24 indicates that a total of 12 parking bays are required. Therefore
there is a proposed parking shortfall of six (6) parking bays.

Although a reversing area for the proposed rear two (2) bays has not been provided the site
is predominately flat and the access leg is unenclosed along the western lot boundary. It is
not considered that vehicles will have difficulty accessing or exiting the subject site.

The applicant has confirmed that the business operating from the site does not use its own
couriers to transport batteries from the site. Clients utilise the access leg to load the trucks.
Accordingly it is considered that there is an adequate loading area for visiting trucks and
no dedicated onsite parking for trucks is required.

However, as a condition of the officer’s recommendation states that a bin store should be
provided at the end of the access leg it is considered that one of the proposed parking bays
will be removed thereby increasing the parking shortfall to seven (7) bays.

The applicant has advised that three (3) staff are to be employed onsite. The applicant has
also advised that the business sells batteries wholesale and it is not considered that there
will be a significant level of demand for visitor parking.

Although it is possible that a business with a greater need for parking may operate from
the subject site in the future it is considered that in light of the existing parking shortfall
and the relatively small scale and nature of the proposed extension, the variation to the
TPS 24 parking standards is considered acceptable in this instance.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Site Coverage
The application proposes a site coverage of 56.7 percent site coverage in lieu of the
maximum site coverage provision of 50 percent as required by TPS 24.

The style of the development is similar to others located in the immediate area.
Furthermore given the intended warehouse use of the proposed addition and the addition
being at the rear of the site abutting the Tonkin Highway road reserve, it is considered that
the variation to site coverage will not result in an undue impact upon the amenity of the
area.

Given the above, the proposed site coverage variation is recommended for approval.

Landscaping
The applicant has an existing landscaped area provision of 57m2 thereby representing 5.3
percent of the total area. TPS 24 requires a landscaping provision of 10 percent of the total
lot area (107m2).

The applicant has indicated existing landscaping areas at the front of the site on the plans
provided. The landscaping strip along the front property boundary is between 1.2m and
4.3m in width, this is less than the minimum 2.0m width as required by TPS 24. The
existing landscaped areas are approved and the verge has lawn, which is well maintained.

Given the above and that the proposed additions will be constructed in an area of the lot
that is not used for landscaping, the proposed landscape provision variation is acceptable.

Wall Sign
The applicant has proposed a wall sign to be displayed at the front of the exiting
warehouse addressing Raymond Avenue. The proposed wall sign is 2.5m high, 9.4m long
and has an area of 24m2.

Council consideration is required as the City’s signage policy TP-P5.2 permits wall signs
to have a maximum height of 1.5m and maximum area of 10m2.

The proposed sign is to replace an existing sign of similar dimensions and appearance that
is affixed to the exterior of the building.

It is considered that the proposed wall sign will not result in an undue impact upon the
Raymond Avenue streetscape and is therefore recommended for approval.

Bin Store
It considered that the proposed extension will result in the removal of the existing bin
storage area at the rear of the site. Given this, a condition of the officer’s recommendation
requires the provision of a minimum 10m2 bin store area at the end of the access leg.

Other Matters
As the proposed extension to the existing warehouse abuts the Tonkin Highway road
reserve the application was referred to Main Roads Western Australia (Main Roads WA)
for comment.




                                          Page 68
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


Main Roads WA has advised the City in writing that it has no objection to the proposed
development provided that there is no discharge of stormwater or encroachment of
earthworks onto the road reserve. The officer’s recommendation contains conditions that
address the requirement of Main Roads WA in this regard.

The subject portion of the Tonkin Highway road reserve is currently vacant but could be
developed for road infrastructure in the future.

Summary
An application for the extension of the existing warehouse and the proposed variations
with regard to parking, site coverage, landscaping and the maximum size of walls sign are
considered to be appropriate and will not unduly affect the amenity of the area. The
warehouse extension is not considered to generate additional parking demand. A condition
is included requiring a bin store to be located in place of one of the parking bays. The
application is recommended for approval subject to conditions.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for the proposed warehouse and wall sign to existing
warehouse building at Lot 338, No. 39 Raymond Avenue, Bayswater in accordance
with the application and plans dated 5 March 2010 subject to the following planning
conditions:
1.   This approval is valid for a period of two (2) years from the date of this letter.
     If the development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first been sought and obtained.
2.   The development shall be carried out only in accordance with the terms of the
     application as approved herein, and any approved plan, including any
     notations in red on the approved plan.
3.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960
     and Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.
4.   Landscaping and reticulation must be completed in accordance with an
     approved detailed landscape plan(s) prior to occupation of the development
     and thereafter maintained to the satisfaction of the City of Bayswater.
5.   The provision of a suitably screened bulk bin area to be located at the end of
     the access leg with a minimum area of 10m2 to the satisfaction of the City of
     Bayswater.




                                        Page 69
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


6.    All stormwater and drainage runoff produced onsite is to be disposed of onsite
      via the use of soakwells. The size of the soakwells are to be calculated by use of
      the formula VOL m3) = AREA (m2) x 0.0125, where VOL is total storage
      volume of soakwells and AREA is total roofed and paved areas. Connection to
      the City’s stormwater system, where available, may be permitted as an
      overflow only if to the satisfaction of the City of Bayswater.
7.    The vehicle parking area shall be sealed, kerbed, drained and line marked in
      accordance with the approved plans and specifications and shall be thereafter
      maintained to the satisfaction of the City of Bayswater.
8.    Any existing septic tanks, leach drains or soakwells on the property must be
      pumped out, completely removed and the excavations backfilled with clean
      sand and compacted. These works must be undertaken under the supervision
      of a City Environmental Health Officer.
9.    No stormwater drainage shall be discharged onto the Tonkin Highway Primary
      Regional Road Reservation.
10.   No earthworks shall encroach onto the Tonkin Highway Primary Regional
      Road Reservation.
11.   Any industry derived liquid waste is to be disposed of in accordance with the
      Environmental Protection (Liquid Waste) Regulations 1996 and/or the
      requirements of the Water Corporation, Water and Rivers Commission,
      Department of Environmental Protection and the City’s Principal
      Environmental Health Officer.
12.   The noise generated by construction or operational activities is not to exceed
      the levels prescribed under the Environmental Protection (Noise) Regulations
      1997.
13.   Ventilation is to comply with the requirements of the Sewerage (Lighting,
      Ventilation and Construction) Regulations 1971 and the Building Code of
      Australia.
14.   Compliance with the Explosives and Dangerous Goods Act 1961 and the
      Explosive and Dangerous Goods (Handling and Storage) Regulations 1992.
15.   Proposed development shall not encroach upon necessary setbacks for onsite
      effluent disposal system.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 70
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.1.9       Proposed Warehouse Addition to Existing Office/Showroom/Warehouse
             Development
             Location:     Lot 728, Nos. 73-77 Beechboro Road South, Bayswater
             Attachments: No. 1 - Location Plan and Site Photos
                           No. 2 - Detailed Plans
             Applicant:    Armenti Form La Space
             Owner:        Treby Holdings
             Officer:      Director of Planning and Development Services
Application
MRS Form 1 and plans dated 22 February 2010 have been received for proposed addition
of a warehouse with an internal mezzanine storage area and an under croft parking area on
Lot 728. The proposed development will form part of existing office/showroom/
warehouse buildings on Lots 728, 729, 730 and 746, Nos. 73 – 77 Beechboro Road South,
Bayswater.

Council consideration is required as the applicant has requested variation to the
requirements of the City’s Town Planning Scheme No. 24 (TPS 24) with regard to
parking, site coverage, wall height, landscaping and front setback.

Background

Town Planning Scheme No. 24 Zoning:          General Industry

Use Class:                                   Warehouse – ‘P’

Lot Area:                                    968m² (combined area of approximately
                                             4,330m2 across all four lots)

Existing Land Use:                           Vacant on Lot 728 (Existing Buildings on
                                             Remaining Lots)

Surrounding Land Use:                        General Industry and Residential on the
                                             Opposite Side of Drynan Street.

Size/Nature of Proposed Development:         Warehouse

The existing warehouse/office building on Nos. 75-77 Beechboro Road South was
approved by the City on 17 May 1995.

The subject site at No. 73 Beechboro Road South was previously approved for the use of
‘Automotive Repairs, Offices and Training’ on 23 February 2005. The building on the site
has been demolished and the site is now vacant.




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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


The Western Australian Planning Commission (WAPC) issued a conditional approval for
the amalgamation of all the subject four (4) lots into one (1) lot dated 28 January 2010.
The proposed warehouse is to be incorporated into the use of the existing premises
operated by Airefrig Australia.


     SCHEME PROVISIONS                       REQUIRED                   PROVIDED
Setbacks            Front                        13.5m                      7.0m
                    Side (NW)            Nil for parapet walls               Nil
                    Side (SE)            Nil for parapet walls               Nil
                    Rear (SW)             6.0m (secondary                   8.0m
                                           street frontage)
                                                                  968m2 (will form part of
Lot Area                                       1,000m2
                                                                 amalgamated lot – 4,317m2)
Maximum Site Coverage                            50%                       52.2%
Maximum Wall Height                             9.0m                       10.8m
Landscaping                                     10%                        9.1%
Parking     Office/Showroom Use                64 bays
            (4 bays per 100m2 GLA)
            Warehouse Use                      25 bays               34 bays existing, 16
            (2 bays per 100m2 GLA)                                        proposed.

                                          TOTAL: 89 bays             TOTAL: 50 bays

Comment
Compliance with Scheme Standards
Assessment of the application indicates that the proposal complies with the provisions of
TPS 24 with the exception of parking, site coverage, landscaping and front setback
requirements.

Parking
When assessed in isolation the proposed warehouse development requires 21 parking
bays. The applicant has provided for 16 additional parking bays with the development. As
the subjects lots are to be amalgamated and the proposal is to form part of the existing
complex of buildings the parking provision has also been assessed across the overall site.

When the overall site is assessed against the Development Standards Table of TPS 24, the
proposed and existing development requires a total of 89 bays to be provided. This
represents a shortfall of 39 bays.

It is considered that the unenclosed parking bay that is closest to Drynan Street (Bay No.
46 as indicated on the attached plans) does not allow for sufficient egress and ingress for
vehicles. Accordingly, a condition of the officer’s recommendation states that the bay be
removed and a 1.0m landscaping strip be provided. Acceptance of this condition would
result in an increased overall parking shortfall of 40 bays.




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


It is considered that the proposed parking shortfall will be in part ameliorated by the
availability of existing parking bays within the complex. Public transport is also available
on Beechboro Road South.

The predominant part of the site is existing and has been operating since the mid 1990s.
As the proposed addition is to be used for storage space only it is not considered that the
parking shortfall will unduly affect neighbouring businesses, moreso as the proposal adds
at least an additional 15 bays to the site. Given the above, it is considered that the
proposed parking shortfall is acceptable.

Site Coverage
The applicant has proposed site coverage of 52.2 percent in lieu of the maximum site
coverage provision of 50 percent as permitted by TPS 24.
It is considered that the size and scale of the proposed warehouse is in keeping with
similar buildings in the immediate vicinity and that the proposed site coverage variation
will not create an undue impact upon the amenity of the area or the Beechboro Road South
streetscape.

Given the above, it is considered that the proposed site coverage variation is acceptable.

Street Setback
The proposal has a setback from the primary street (Beechboro Road South) of 7.0m in
lieu of the minimum setback required under TPS 24 of 13.5m.

The proposed setback is considered to be generally consistent with the existing buildings
on either side of the subject site. The streetscape of this part of Beechboro Road South is
characterised by existing commercial/industrial development.

The scale and appearance of the proposed building is consistent with existing buildings
within the complex and it is not considered that it will not unduly impact on the
Beechboro Road streetscape and amenity of the area.

Given the above, it is considered that the proposed street setback variation is acceptable.

Building Height
Section 8.3.1.2 of TPS 24 specifies that no building with a wall height exceeding 9.0m
shall be constructed within an area of the City zoned for industrial or commercial purposes
unless the approval of Council is obtained.

The proposal has a maximum wall height of 10.8m thereby exceeding the maximum wall
height provision of TPS 24 by 1.8m.

The portion of the warehouse where the wall height variation is proposed is characterised
by a significant fall in the natural ground level towards the Beechboro Road South street
frontage. This particular section of the proposed development also encompasses the
undercroft parking area which is proposed to be built at the approximate level of
Beechboro Road South.




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


The proposed height variation does not apply to all of the proposed development. The rear
portion of the warehouse closest to Drynan Street will have a maximum wall height of
8.1m. This portion of the warehouse being below the permitted wall height of 9.0m is
considered to assist in a providing a more sympathetic interface between the proposed
warehouse development and the residential streetscape of the opposite side of Drynan
Street.

The height and scale of the proposed warehouse is consistent with the existing
neighbouring buildings within the existing complex. There is an existing building within
the complex that has taken advantage of the sloping ground level and has provided
undercroft parking accessing via Drynan Street.

Given the above, it is considered that the proposed maximum wall height variation is
acceptable.

Landscaping
The relevant development standards of TPS 24 requires 10 percent of the site to be
landscaped including a 2.0m wide landscaped strip to street frontages. The overall
landscaping provision across all subject lots is calculated at 397m2 which represents 9.1
percent of the overall site.

Council consideration is required with regard to the overall landscaping provision being
less than 10 percent and landscaping strips of less than 2.0m in width being provided to
each street frontage.

The proposal has landscaping strips of 1.0m in width along Beechboro Road South and a
partial landscaping strip of 1.0m in width along Drynan Street. A condition of the officer’s
recommendation requires the applicant to provide a 1.0m landscaping strip for the full
width of the Drynan Street frontage.

It is considered that additional landscaping is not required for the proposed and existing
parking areas along the street frontages in accordance with clause 8.4.5 of TPS 24 as most
of the parking areas for the overall complex are existing and well maintained. Furthermore
the bulk of the parking proposed for the new development is to be undercroft parking and
there would be no opportunity for additional landscaping in such a context.

It addition that the existing landscaped areas facing Beechboro Road South and Drynan
Street are well maintained and appear attractive from the street.

On this basis the landscaping variations as proposed are considered acceptable.

Summary
The proposal for a warehouse addition is considered to be appropriate considering this
nature of the surrounding urban context. The shortfall in car parking is considered to be
acceptable as are the variations with regard to site coverage, street setback, building height
and landscaping. The proposal is recommended for approval.

Voting Requirements
Simple Majority Required.


                                          Page 74
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for the proposed addition to existing
office/showroom/warehouse development at Lot 728, No.73 Beechboro Road South,
Bayswater in accordance with the application dated 30 January 2010 and revised
plans dated 9 July 2010, subject to the following planning conditions:

1.    Parking bay No. 46 to be removed and a 1.0m wide landscaping strip facing
      Drynan Street to be added.
2.    The aisle within the proposed undercroft parking area to be increased to 6.5m
      in width.
3.    A reversing area of a minimum 0.7m depth being provided for the aisle of the
      carpark accessed via Drynan Street.
4.    This approval is valid for a period of two (2) years from the date of this letter.
      If the development/use, the subject of this approval, is not SUBSTANTIALLY
      COMMENCED within two years, the approval shall lapse and be of no further
      effect. Where an approval has lapsed, no development/use shall be carried out
      without the further approval of the City having first been sought and obtained.
5.    The development shall be carried out only in accordance with the terms of the
      application as approved herein, and any approved plan, including any
      notations in red on the approved plan.
6.    In accordance with the Local Government (Miscellaneous Provisions) Act 1960
      and Building Regulations 1989, a building licence must be obtained prior to the
      commencement of any building works.
7.    Landscaping and reticulation must be completed in accordance with an
      approved detailed landscape plan(s) prior to occupation of the development
      and thereafter maintained to the satisfaction of the City of Bayswater.
8.    The provision of a suitably screened refuse bulk bin area with a minimum area
      of 10m2 to the satisfaction of the City of Bayswater. The bin area is to be
      provided with a permanent water supply and drainage facility for wash-down
      and is to be screened by a gate and brick walls or other suitable material to a
      height of not less than 1.8 metres. The bin area shall be accessible via a suitably
      constructed service road that will allow heavy vehicle movement. The bin store
      compound area to be kerbed to the satisfaction of the City of Bayswater.
9.    All stormwater and drainage runoff produced onsite is to be disposed of onsite
      via the use of soakwells. The size of the soakwells are to be calculated by use of
      the formula VOL m3) = AREA (m2) x 0.0125, where VOL is total storage
      volume of soakwells and AREA is total roofed and paved areas. Connection to
      the City’s stormwater system, where available, may be permitted as an
      overflow only if to the satisfaction of the City of Bayswater.
10.   The vehicle parking area shall be sealed, kerbed, drained and line marked in
      accordance with the approved plans and specifications and shall be thereafter
      maintained to the satisfaction of the City of Bayswater.



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ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010


11.   The level of the parking area facing Drynan Street to be amended to facilitate
      ample onsite stormwater disposal.
12.   All vehicle crossings being upgraded, designed and constructed to the
      satisfaction City of Bayswater. Payment for the crossover is required prior to
      the issue of a building licence.
13.   The existing limestone boundary wall facing Drynan Street to be removed.
14.   Any onsite signage to be installed in accordance with the City's Signage Policy
      to the satisfaction of the City of Bayswater.
15.   Any existing septic tanks, leach drains or soakwells on the property must be
      pumped out, completely removed and the excavations backfilled with clean
      sand and compacted. These works must be undertaken under the supervision
      of City Environmental Health Officer.
16.   Any industry derived liquid waste is to be disposed of in accordance with the
      Environmental Protection (Liquid Waste) Regulations 1996 and/or the
      requirements of the Water Corporation, Water and Rivers Commission,
      Department of Environmental Protection and the City’s Principal
      Environmental Health Officer.
17.   The noise generated by construction or operational activities is not to exceed
      the levels prescribed under the Environmental Protection (Noise) Regulations
      1997.
18.   Compliance with the Health (Air Handling and Water Systems) Regulations 1994
      and relevant Australian Standards e.g. AS1668.2 ‘the use of mechanical
      ventilation and air-conditioning in buildings’ and AS 3666.1 1995 ‘Air-handling
      and water systems of buildings – microbial control Part 1: Design, installation
      and commissioning’.
19.   Ventilation is to comply with the requirements of the Sewerage (Lighting,
      Ventilation and Construction) Regulations 1971 and the Building Code of
      Australia.
20.   Compliance with the Explosives and Dangerous Goods Act 1961 and the
      Explosive and Dangerous Goods (Handling and Storage) Regulations 1992.
21.   All premises to be connected to deep sewerage.

                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 76
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


11.1.10      Signage to Existing Child Day Care Centre
             Location:        Lot 600, No. 68 Broun Avenue, Embleton
             Attachments: No. 1 - Location Plan and Site Photo
                              No. 2 - Detailed Plans
             Applicant:       Rosa Rossi
             Owner:           Rosa Rossi
             Officer:         Director of Planning and Development Services
Application
MRS Form 1 and plans dated 31 March, 2010 and revised plans dated 8 June, 2010 have
been received for retrospective approval for two advertising signs and bunting at Rossi
childcare centre, Lot 600, No.68 Broun Avenue, Embleton.

The proposal comprises:
• One (1) wall sign measuring 3.0m wide by 1.2m high affixed to the boundary wall
   fronting Broun Avenue.
• One (1) pylon sign measuring 1.8m wide by 1.2m high with a total height of 3.9m.
• Bunting

Council consideration is required for the following matters:
• The application breaches the City’s signage policy in regards to the minimum headway
   of the pylon sign.
• The application includes bunting.

Background

Town Planning Scheme No. 24 Zoning:         Medium and High Density Residential – R25

Use Class:                                  Child Day Care Centre – ‘D’

Lot Area:                                   1,034 m²

Existing Land Use:                          Child Day Care Centre

Surrounding Land Use:                       Residential

Size/Nature of Proposed Development:        Wall Sign - 3.6 m2, Pylon Sign – 2.16 m2 and
                                            Bunting

Approval was granted at the Ordinary Meeting of Council on 27 February 1996 for two
horizontal signs. The approved wall sign fronting Broun Avenue measured 1.8m wide by
0.94m high.




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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


The City identified that the subject signs have not been approved following a recent
enquiry regarding the status of approvals granted for the property. The applicant has
subsequently lodged the application to obtain retrospective approval for the existing signs
and bunting.

Comment
Compliance with Scheme and Policy Provisions
The signage meets the requirements of the City’s Town Planning Scheme No. 24 (TPS 24)
and Council’s signage policy TP-P 5.2 with the exception of the proposed headway of the
pylon sign and the use of bunting.

Council under Clause 3.15 of TPS 24 has the ability to approve development applications
retrospectively.

Wall Sign
The wall sign erected on the Broun Avenue side boundary measures 3.0m wide by 1.2m
high with an area of 3.6m2. Notwithstanding that the wall sign is larger then that
previously approved by Council, the erected sign still complies with Council’s signage
policy TP-P 5.2 which limits the height of wall signs to 1.5m and the total signage area to
10m2. It is therefore recommended that the wall sign be supported.

Pylon Sign
The pylon sign complies with all aspects of the Council’s signage policy with the
exception of the minimum required headway clearance of 2.75m. The erected sign
provides a headway clearance of 2.7m. The variation is considered minor and is supported
in this instance.

Bunting
It is considered that the unapproved signage can be granted approval with the exception of
the bunting as this is not supported within the policy and is considered to add unnecessary
clutter to the site.

Referral to Department of Planning

As the signage is proposed to be located adjacent to Broun Avenue which is classified in
the Metropolitan Region Scheme as an ‘other regional road’, the application was referred
to the Department of Planning (DoP) for comment. A 30 cm portion of the pylon sign
extends outside the property boundary, into the road reservation. The DoP indicated
support for the proposal within the reserved land on the condition that:

1.   The advertisements do not interfere with sight lines, distract drivers, or have the
     potential to become confused with traffic signals or road signs.
2.   The proponent agrees to remove the signage structure without seeking compensation
     from either Council or the WAPC for any loss, damage or expense should the
     reserved land be required for road upgrading purposes in the future; and
3.   All signage is to comply with the requirements of Main Roads (Control of
     Advertising) Regulations, 2007.




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ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


It is recommended that any approval contain the above conditions.

Summary
The application for retrospective approval is considered to meet the requirements of TPS
24 and Council policy with the exception of the headway height of the pylon sign and the
installation of bunting. It is recommended that retrospective approval be granted for the
signs subject among other conditions to the removal of the bunting within 21 days of
notification.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
retrospective Planning Approval be granted for one (1) wall sign and one (1) pylon
sign at Lot 600, No. 68 Broun Avenue, Embleton in accordance with the application
DA10-0231 received 31 March 2010 and revised plans dated 8 June 2010, subject to
the following planning conditions:
1.   All bunting to be removed from the site within 21 days of notification.
2.   No additional signage will be permitted on the site without the prior written
     approval of the City.
3.   The advertisements do not interfere with sight lines, distract drivers, or have
     the potential to become confused with traffic signals or road signs.
4.   The proponent agrees to remove the signage structure without seeking
     compensation from either the City or the Western Australian Planning
     Commission for any loss, damage or expense should the reserved land be
     required for road upgrading purposes in the future.
5.   All signage is to comply with the requirements of Main Roads (Control of
     Advertising) Regulations 2007.
6.   This approval is valid for a period of two (2) years from the date of this letter.
     If the development /use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first be sought and obtained.
7.   The development shall be carried out on in accordance with the terms of the
     application as approved herein, and any approved plan.
8.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960
     and Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 79
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.1.11      Proposed Change of Use to Service Industry and Associated Alterations
             Location:     Lot 6, Unit 6, No. 43 Caledonian Avenue, Maylands
             Attachments: No. 1 - Location Plan and Site Photos
                           No. 2 - Detailed Plans
             Applicant:    Jo-Ann Long
             Owner:        Thiam Henry
             Officer:      Director of Planning and Development Services
Application
MRS Form 1 and plans dated 5 July 2010 have been received for a change of use from
health studio to service industry at Lot 6, Unit 6, No. 43 Caledonian Avenue, Maylands.

The tenant proposes to use the premises to produce organic baby food and provide
nutritional advice to the community.

Council consideration is required as a service industry is a discretionary use in the
business zone under the provisions of Town Planning Scheme No. 24 (TPS 24).

Background

Town Planning Scheme No. 24 Zoning:          Business

Use Class:                                   Service Industry – ‘D’

Lot Area:                                    3,006m²

Existing Land Use:                           Health Studio

Surrounding Land Use:                        Health Studio, Offices, Residential

Size/Nature of Proposed Development:         Service Industry and Associated Alterations


SCHEME PROVISIONS                          REQUIRED                    PROVIDED

Parking                                       7 bays                      7 bays

The applicant has provided the following information in support of the application:
• The business entails the provision of organic baby food and nutritional advice.
• The product will be manufactured on site and snap frozen for sale through delivery.
• The majority of sales will be made via an internet website.
• There will be an area for mothers and babies to visit for tastings of samples and
   nutritional advice from a dietician.
• A maximum of five (5) staff will be employed on the site.
• Initially, hours of operation will be 2 days a week from 8:00 am to 5:00 pm Monday
   and Thursdays. This will increase to five (5) days (Monday to Friday) a week over the
   next two (2) years.




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



Comment
Assessment of the application indicates that it complies with the provisions of TPS 24 and
Council policy with the exception of the proposed use being listed as a discretionary use.

Appropriateness of Use
The site is zoned ‘Business’ under the provisions of TPS 24. The use of ‘Service Industry’
is listed as a discretionary use under TPS 24. The definition of a service industry under
TPS 24 is as follows:
“Service Industry: means a light industry carried out on land or in buildings which may
have a retail shop front and from which goods manufactured on the premises may be sold;
or land and buildings having a retail shop front and used as a depot for receiving goods to
be serviced”.

The use will include an office/shop fronting Caledonian Avenue where samples of the
product will be displayed and sold. In addition, the office will be used to provide
nutritional advice from a dietician.

Internal modifications to the existing unit will be undertaken to install a commercial
kitchen to manufacture the product. Most cooking will be undertaken by steaming and
slow cooking with minimal frying. The proposed cooking processes are not anticipated to
result in any undue impacts on the surrounding locality in terms of noise or odour.

The applicant has met with the City’s Environmental Health Officers to discuss the
modifications required for the premises to comply with the City of Bayswater’s Eating
House Local Laws and the Health (Food Hygiene) Regulations 1993. The City’s
Environmental Health Officers have advised that detailed plans of all food preparation,
storage and refuse areas must be submitted with an application for approval to establish a
food premises in conjunction with the building licence application. It is recommended that
appropriate environmental health standard conditions be applied to any approval.

Parking
The existing nine (9) units on the site were initially approved as shops under the City of
Stirling Scheme No. 2. 42 parking bays are provided on site. As the units were approved
under an older scheme with different car parking requirements, there is now a shortfall in
parking under TPS 24. There is no opportunity for additional parking to be provided on
the site.

Unit 6 is currently used as a pilates studio which is classified as a health studio in TPS 24.
Under TPS 24 a health studio requires one (1) bay per 15 square metres of floor area and 1
bay per staff member, which results in a requirement of seven (7) bays.

TPS 24 does not specify parking requirements for a service industry. The applicant has
advised that sales will be primarily undertaken through an internet website, which will
reduce the need for customer vehicles parking on the site. A maximum of five (5) staff
will be employed on the site. Based on these details, the proposed use is considered to
have a similar parking requirement to the existing health studio.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


The mixture of uses on the site promotes the opportunity for informal shared or reciprocal
parking arrangements. Given the proposal is to retro fit an existing unit with a similar
parking demand, it is considered that the existing parking provision is appropriate.

Summary
Assessment of the application indicates that it complies with TPS 24 and Council policy.
The proposal is considered to provide a valuable service for local residents and will add to
the variety of business land use mix in the area. Accordingly, the application is
recommended for approval.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Planning Approval be granted for the proposed change of use to service industry
and associated alterations at Lot 6, Unit 6, No. 43 Caledonian Avenue, Maylands, in
accordance with the application and plans dated 5 July 2010, subject to the following
planning conditions:

1.   This approval is valid for a period of two (2) years from the date of this letter. If
     the development/use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first been sought and obtained.

2.   The development shall be carried out only in accordance with the terms of the
     application as approved herein, and any approved plan.

3.   The development complying with any details marked in red on the approved
     plans.

4.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960
     and Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works.

5.   Any onsite signage to be installed in accordance with the City’s Signage Policy to
     the satisfaction of the City of Bayswater.

6.   The noise generated by construction or operational activities is not to exceed the
     levels prescribed under the Environmental Protection (Noise) Regulations 1997.

7.   Compliance with the City of Bayswater Health Local Laws.

8.   Compliance with the Health (Food Hygiene) Regulations 1993. Detailed plans of
     all food preparation, storage and refuse areas must be submitted with an
     application for approval to establish a food premises in conjunction with the
     Building Licence application.



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ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010


9.   Compliance with the City of Bayswater Eating House Local Laws. Detailed
     plans of all food preparation, storage and refuse areas must be submitted with an
     application for approval to establish a food premises in conjunction with the
     building licence application.

10. Compliance with the City of Bayswater Eating House Local Laws. Detailed
    plans of all food preparation, storage and refuse areas must be submitted with an
    application for approval to establish a food premises in conjunction with the
    building licence application.

11. Any industry derived liquid waste is to be disposed of in accordance with the
    Environmental Protection (Liquid Waste) Regulations 1996 and/or the
    requirements of the Water Corporation, Water and Rivers Commission,
    Department of Environmental Protection and the City’s Manager of
    Environmental Health Services.

12. Compliance with the Food Act 2008, Food Regulations 2009 and Australia New
    Zealand Food Standards Code.

13. Sanitary conveniences are to be provided in accordance with the provisions of
    the Building Code of Australia, Health Act 1911 and the Occupational Safety
    and Health Regulations.

14. A bin area is to be provided of not less than 10 square metres and with a
    permanent water supply and drainage facility for washdown. The bin area is to
    be screened by a gate and brick walls or other suitable material to a height of not
    less than 1.8 metres. The bin area shall be accessible via a suitably constructed
    service road that will allow heavy vehicle movement.

15. Compliance with the Health (Air Handling and Water Systems) Regulations
    1994 and relevant Australian Standards e.g. AS 1668.2 ‘the use of mechanical
    ventilation and air-conditioning in buildings’ and AS 3666.1 1995 ‘Air-handling
    and water systems of buildings – microbial control Part 1: Design, installation
    and commissioning’.

16. Compliance with the requirements of the Occupational Health and Safety Act
    1984 and Regulations and any relevant standards and policies.

17. Cooking of food on site shall only be permitted between 8:00am and 5:00pm
    Monday to Friday.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010


11.1.12     Proposed Change of Use to Convenience Store and Associated Alterations
            Location:     Lot 3, Unit 3, No. 515 Walter Road East, Morley
            Attachments: No. 1 - Location Plan and Site Photo
                          No. 2 - Detailed Plans
            Owner:        Claude Ambrogio and Associates
            Officer:      Director of Planning and Development Services
            Refer         Item 11.1.5: OCM 27.07.2010
                          Item 11.1.5: OCM 22.06.2010
                          Item 11.1.10: OCM 25.05.2010
                          Item 11.1.8: OCM 2.02.2010
                          Item 13.4: OCM 28.07.2009
                          Item 12.3.14: OCM 24.07.2007


At the Planning and Development Services & Administration and Community Services
Committee meeting:
CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,Cr Barry
McKenna declared a financial interest in this item as his family own property next to the
property detailed within the report.
At 7:33pm, Cr Barry McKenna withdrew from the meeting.


CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,Cr Barry
McKenna declared a financial interest in this item as his family own property next to
the property detailed within the report.
At 8:47pm Cr Barry McKenna withdrew from the meeting.

Application
MRS Form 1 and plans dated 15 July 2010 have been received for a change of use from a
showroom to a convenience store and associated alterations at Lot 3, Unit 3, No. 515
Walter Road East, Morley.
The tenant proposes to use the premises for the retail sale of oriental food groceries such
as rice, oil, sauces, noodles, frozen seafood, snacks, spices and other dried foods. The unit
currently comprises a showroom of 90m² and warehouse of 40m².
Council consideration is required for the following matters:
1. A ‘convenience store’ is a discretional use in a light industry zone; and
2. There is a shortfall in car parking.




                                          Page 84
ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010



Background

Town Planning Scheme No. 24 Zoning:            Light Industry

Use Class:                                     Convenience Store – ‘D’, Warehouse – ‘P’

Lot Area:                                      15,057 m²

Existing Land Use:                             Vacant

Surrounding Land Use:                          Factory Units/Showroom Warehouse/Lunch
                                               Bar, Residential

Size/Nature of Proposed Development:           Convenience Store (90 m²), Warehouse (40 m²)



     SCHEME PROVISIONS                   PARKING               PARKING              PARKING
                                         REQUIRED              PROVIDED            SHORTFALL

Parking                                      7 bays              5 bays              2 bays

The site received planning approval by Council on 24 July 2007 for a
showroom/warehouse complex with 159 parking bays. The unit proposed to be used as the
subject convenience store was approved with five (5) parking bays. Council has previously
approved the following change of use applications in the complex with parking shortfalls:

                                                                                      COUNCIL
    CHANGE OF USE              PARKING           PARKING            PARKING
                                                                                     APPROVAL
     APPLICATION               REQUIRED          PROVIDED          SHORTFALL
                                                                                       DATE

Showroom/Warehouse to
                                  12 bays             9 bays              3 bays      28/07/2009
Convenience Store – Unit 7
Showroom/Warehouse to                                                     6 bays
                                  11 bays             5 bays                          02/02/2010
Fast Food Outlet – Unit 6
Showroom/Warehouse to                                                     4 bays
                                  9 bays              5 bays                          25/05/2010
Fast Food Outlet – Unit 10
Showroom/Warehouse to
Hire Service (Non                 10 bays             6 bays              4 bays      22/06/2010
Industrial) – Unit 9

In support of the proposal the applicant has advised the following:

•   The proposed convenience store will be operated six (6) days a week, Monday to
    Saturday and have opening hours 9:00 am to 6:00 pm.
•   The number of staff on site shall be a maximum of three (3).




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



Comment
Compliance with the Scheme Requirements
Assessment of the application indicates that the proposed development complies with the
City’s Town Planning Scheme No. 24 (TPS 24) and Council policies with the exception of
the proposed use and the number of parking bays.
Appropriateness of Use
The site is zoned ‘Light Industry’ under the provisions of TPS 24. The use of
‘convenience store’ is listed as a discretional use under TPS 24. The definition of a
convenience store under TPS 24 is as follows:

“Convenience Store: means premises –

(a)   used for the retail sale of convenience goods commonly sold in supermarkets,
      delicatessens or newsagents, or the retail sale of petrol and those convenience
      goods;
(b)    operated during hours which include, but may extent beyond, normal trading hours;
(c)   which provide associated parking; and
(d)   the floor area of which does not exceed 300 square metres net lettable area”.

The applicant has indicated that the proposed use is for the sale of oriental food groceries.
The operation proposes to employ maximum of (3) full time employees at any one time.
The proposal provides for five (5) parking bays which are addressed further in the report.

The area of the building to be used for the proposed use measures 130m², which 90m2 will
be used for the subject convenience store and the remaining 40m2 for warehouse.

The proposed use is considered to add to the variety of land uses in the area and will
provide a service to local residents and employees looking for an alternative in terms of
food and ingredients in the locality.

Total Convenience Store Area
The TPS 24 definition of convenience store restricts the total net lettable area to 300m².
Council approved the use of a 172m² portion of Unit 7 as a convenience store at the
Ordinary Council Meeting on 28 July 2009. The current application proposes the use of a
90m² convenience store. Therefore, the proposed change of use will result in a total of
262m² of the site used under the convenience store use class. The proposed change of use
will not result in the total convenience store area for Unit 3 and Unit 7 exceeding 300m².
Subsequent proposals to change the use of other units on the site to convenience stores
will need to take into account the 300m² limit specified in the scheme.

Parking
The proposal makes provision for five (5) parking bays on the site, which are the bays
proportionately assigned to the tenancy.

Under the provisions of TPS 24, parking is required to be provided at six (6) bays per
100m² for convenience stores and 2 spaces per 100m² for warehouses, which results in
seven (7) parking bays required based on the floor area of the tenancy. The proposal
makes provision for five (5) parking bays on the site, representing a shortfall of two (2)
bays.

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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Whilst the proposed convenience store may generate more overall traffic than the existing
approved use of showroom/warehouse, the nature of this use will be a short term parking
use, commensurate with high turnover parking, thereby ameliorating any potential parking
issues.

There is also likely to be some overlap with some customer visiting more than one
business on the site, with the approved fast food outlets at Units 6 and 10 and the approved
DVD hire store at Unit 9 serving as multiple purpose trip generators. It is further
considered that a reasonable amount of customers will walk to this outlet from
surrounding area due to the nature and contextual location of the outlet.

Given the above, the variation to the parking scheme standard is considered appropriate in
this instance and is not considered to unduly affect the amenity of the surrounding area.

Summary
The proposal for a convenience store (oriental groceries) is considered to provide a
valuable service to local residents and employees and add to the variety of land use mix in
the area. The shortfall in car parking is considered to be mitigated by the likelihood of
short customer visits and the availability of additional parking within the complex. The
proposal is recommended for approval.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR GRAHAM PITTAWAY MOVED, CR SONIA TURKINGTON SECONDED
that Planning Approval be granted for the proposed change of use to convenience
store and associated alterations at Lot 3, Unit 3, No. 515 Walter Road East, Morley
in accordance with the application and plans dated 15 July 2010, subject to the
following planning conditions:
1.   This approval is valid for a period of two (2) years from the date of this letter.
     If the development /use, the subject of this approval, is not SUBSTANTIALLY
     COMMENCED within two years, the approval shall lapse and be of no further
     effect. Where an approval has lapsed, no development/use shall be carried out
     without the further approval of the City having first be sought and obtained.
2.   The development shall be carried out on in accordance with the terms of the
     application as approved herein, and any approved plan.
3.   In accordance with the Local Government (Miscellaneous Provisions) Act 1960
     and Building Regulations 1989, a building licence must be obtained prior to the
     commencement of any building works, including internal fit-out.
4.   All stormwater and drainage runoff produced onsite is to be disposed of onsite
     via the use of soakwells. The size of the soakwells are to be calculated by use of
     the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage
     volume of soakwells and AREA is total roofed and paved areas. Connection to
     the City’s stormwater system, where available, may be permitted as an
     overflow only if to the satisfaction of the City of Bayswater.

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ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010


5.   The noise generated by construction or operational activities is not to exceed
     the levels prescribed under the Environmental Protection (Noise) Regulations
     1997.
6.   The applicant to ensure the premises is connected to sewer.
7.   Any onsite signage to be installed in accordance with the City’s Signage Policy
     to the satisfaction of the City of Bayswater.
8.   Compliance with the Food Act 2008, Food Regulations 2009 and Australia New
     Zealand Food Standards Code.

                                                       CARRIED UNANIMOUSLY

At 8:48pm Cr Barry McKenna returned to the meeting.




                                      Page 88
ORDINARY COUNCIL MEETING MINUTES                                                            24 AUGUST 2010


At the Planning and Development Services & Administration and Community Services
Committee meeting:

This item was dealt with following deputations.

11.1.13         Proposed Change of Use to Restaurant/Fast Food Outlet and Associated
                Alterations
                Location:     Lot 50, Unit 2, No.4 Progress Street, Morley
                Attachments   No. 1 - Location Plan and Site Photo
                              No. 2 - Detailed Plans
                              No. 3 – Letter from Applicant – 18 August 2010
                Applicant:    Charlie Hussein Cheaib
                Owner:        Bangalla Pty Ltd
                Officer:      Director of Planning and Development Services
                Refer:        Item 12.6.2: OCM 23.08.2005
Application
MRS Form 1 and plans dated 2 August 2010 have been received for a proposed change of
use from shop to restaurant/fast food outlet (Lebanese style roast chicken) and associated
alterations at Lot 50, Unit 2 No. 4 Progress Street, Morley.
Council consideration is required as there is a shortfall in the amount of parking provided
on the site.

Background

Town Planning Scheme No. 23 Zoning:                              Central City Area R80 – Precinct 12

Use Class:                                                       Restaurant, Fast Food Outlet

Lot Area:                                                        70m²

Existing Land Use:                                               Shop

Surrounding Land Use:                                            Shops, Restaurants, Morley Markets, Galleria
                                                                 Shopping Centre

Size/Nature of Proposed Development:                             Change of Use to Restaurant/Fast Food Outlet
                                                                 and Associated Alterations


       SCHEME PROVISIONS                                     REQUIRED                    PROVIDED

Parking                                                          30 bays*                   5 bays*
* - Existing approved on site parking shortfall of 23 car bays

Lot 50 is a strata development comprising five (5) units, including two (2) shops, one (1)
café and one (1) restaurant and the subject unit, which is currently approved as a shop.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Comment
The applicant has indicated that the proposal would consist of a small restaurant and take
away food outlet selling Lebanese style roast chicken. The proposed hours of trade would
extend from 10am to 10pm seven (7) days a week, with two or three employees working
in the business. The proposed restaurant component of the business would be limited to a
maximum of 19 chairs (both inside and outside) in order to comply with Environmental
Health requirements.

The applicant is also seeking approval for an al fresco dining permit for two (2) tables and
five (5) chairs at the front of the site on Progress Street.

Assessment of the application indicates that it complies with the provisions of Town
Planning Scheme No. 23 (TPS 23) and Council policy, with the exception of a further
shortfall in the required onsite parking of two (2) car spaces.

Appropriateness of Use
The subject site is located within the Morley City Centre. Progress Street has been
envisaged by Council as being the ‘heart’ of the city centre with day and night time
activity. The City has engaged project consultants, Hames Sharley, to prepare a
Masterplan for the Morley City Centre. The project consultants are currently refining the
Masterplan for Council consideration following a workshop with Council on 26 July 2010.

It is considered that the proposed use would complement Council’s vision for the city
centre and Progress Street and promote safety in the area by adding to the night-time
economy. Uses such as restaurants encourage after-hours activity and promote passive and
active street surveillance, which should increase the perception of safety in the town centre
at night. Given the above, the proposed restaurant/fast food outlet use is considered
appropriate for the area.

Parking
The current standards of TPS 23 require 30 car bays to be provided on Lot 50. Five (5) car
bays currently exist on the lot, which are shared amongst the five (5) commercial
tenancies. Council, at its Ordinary Meeting of 23 August 2005, approved the current on
site parking shortfall of 23 bays on Lot 50.
A shop of 70m² would require five (5) car bays to be provided as per the standards of TPS
23, while restaurant/fast food outlet of 70m² would require seven (7) car bays to be
provided. The proposed change of use from shop to restaurant/fast food outlet therefore
proposes a further two (2) car bay shortfall, making the total parking shortfall on Lot 50 as
25 bays.
In support of the parking shortfall, the applicant has advised that:
1.    The City of Bayswater has provided eleven (11) on street parking bays directly
      outside the subject unit along Progress Street. A further ten (10) on street parking
      bays are also provided on the north side of Progress Street;
2.    The proposed restaurant/fast food outlet will attract the majority of its customers in
      the evening when many retail shops are closed. This allows customers to use other
      parking spaces in the area which are not normally utilised at night; and
3.    The site is around 250 metres walk from the Morley Bus Station.

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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


The further parking shortfall of two (2) car bays proposed by the application is considered
not to unduly affect the amenity of the area. Accordingly, the parking shortfall is
recommended for approval.

Al Fresco Dining Area
The applicant proposes a small al fresco dining area comprising two (2) tables and five (5)
chairs at the front of the site on Progress Street. Al fresco dining applications are
considered under the City’s “Activities on Thoroughfares and Public Places” Local Law
and Policy No. ‘TP-P 5.3 Alfresco Dining’. An assessment of the al fresco proposal
indicates that it complies with the local law and Council policy. Accordingly, an al fresco
dining licence is proposed to be approved under delegated authority, in accordance with
the City’s delegation register.

Summary
The proposed change of use from shop to restaurant/fast food outlet (Lebanese style roast
chicken) complies with the provisions of Town Planning Scheme No. 23 (TPS 23) and
Council policy, with the exception of a further shortfall in the required onsite parking of
two (2) car spaces.

Council, at its Ordinary Meeting on 23 August 2005, approved the current parking
shortfall of 23 bays on Lot 50. In support of the parking shortfall, the applicant has
advised that:

1.   The City of Bayswater has provided 11 on street parking bays directly outside the
     subject unit along Progress Street. A further 10 on-street parking bays are also
     provided on the north side of Progress Street;
2.   The proposed restaurant/fast food outlet will attract the majority of its customers in
     the evening when many retail shops are closed. This allows customers to use other
     parking spaces in the area which are not normally utilised at night; and
3.   The site is around 250 metres walk from the Morley Bus Station.

The further parking shortfall of two (2) car bays proposed by the application is considered
not to unduly affect the amenity of the area. Accordingly, the application is recommended
for approval.

Voting Requirements
Simple Majority Required.




                                         Page 91
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010



Officer's Recommendation
That:
1.      Planning Approval be granted for the proposed change of use to restaurant/fast food
        outlet, al fresco area and associated alterations at Lot 50, Unit 2 No. 4 Progress
        Street, Morley, subject to the following planning conditions:
        a)   This approval is valid for a period of two (2) years from the date of this letter.
             If the development/use, the subject of this approval, is not SUBSTANTIALLY
             COMMENCED within two years, the approval shall lapse and be of no further
             effect. Where an approval has lapsed, no development/use shall be carried out
             without the further approval of the City having first been sought and obtained.
        b)   The development shall be carried out only in accordance with the terms of the
             application as approved herein, and any approved plan.
        c)   The development complying with any details marked in red on the approved
             plans.
        d)   In accordance with the Local Government (Miscellaneous Provisions) Act 1960
             and Building Regulations 1989, a building licence must be obtained prior to the
             commencement of any building works, including internal fit-out.
        e)   Any onsite signage to be installed in accordance with the City’s Signage
             Policy to the satisfaction of the City of Bayswater.
        f)   Any industry derived liquid waste is to be disposed of in accordance with the
             Environmental Protection (Liquid Waste) Regulations 1996 and/or the
             requirements of the Water Corporation, Water and Rivers Commission and
             Department of Environmental Protection.
        g)   The noise generated by construction or operational activities is not to exceed
             the levels prescribed under the Environmental Protection (Noise) Regulations
             1997.
        h)   Compliance with the Food Act 2008 and Australian Food Standard Codes.
        i)   Compliance with the City of Bayswater Health Local Laws.
        j)   Compliance with the Health (Air Handling and Water Systems) Regulations
             1994 and relevant Australian Standards eg AS 1668.2 “ the use of mechanical
             ventilation and air conditioning in buildings” and AS 3666 “ Air-handling and
             water systems of buildings –microbial control part 1: Design, installation and
             commissioning”.
        k)   Ventilation is to comply with the requirements of the Sewerage (Lighting,
             Ventilation and Construction) Regulations 1971 and the Building Code of
             Australia.
        l)   Sanitary Conveniences are to be provided in accordance with the provisions of
             the Building Code of Australia, Health Act 1911 and the Occupational Safety
             Health Regulations. Please note currently the premises does not have the
             provision for public sanitary facilities, therefore the maximum number of
             seating must not exceed twenty (20) seats (including seating inside the
             restaurant and in the alfresco area) without the further approval of the Manager
             Environmental Health Services.


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ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010


       m)     The applicant is to make arrangements to the satisfaction of the Water
              Corporation for the provision of reticulated sewerage within the development.
       n)     A grease trap to be installed in accordance with the requirements of the Water
              Corporation and Australian Standard 3500.
2.     Council note that an alfresco dining permit associated with the above approval will
       be issued by the Manager of Planning Services under delegated authority in
       accordance with the “Activities on Thoroughfares and Public Places” Local Law
       and Policy No. ‘TP-P 5.3 Alfresco Dining’.
At the Planning and Development Services & Administration and Community Services
Committee meeting:

Committee Comment
The Committee considered the officer’s recommendation and as further information is
required, the Committee referred the item to full Council.

ADDENDUM – ORDINARY COUNCIL MEETING

Concerns were raised at the Planning and Development Services and Administration and
Community Services Committee Meeting held on 16 August 2010 that signage was being
installed for the proposed use and that internal works were being carried out on the site
without the necessary approvals.

Site inspections were carried out on Tuesday 17 August 2010 and Wednesday 18 August
2010, where it was observed that new signage had been installed on the awning and on a
canvas sun shade hanging from the awning and internal painting and refurbishment works
were being carried out in the subject unit.




     Site Visit 1 - Tuesday 10 August 2010                 Site Visit 2 - Tuesday 17 August 2010




                                             Page 93
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


Signage
On 17 and 18 August 2010, the City’s officers advised the applicant that the use and
signage required the relevant approvals from Council prior to the signage being installed.
The applicant was apologetic and has provided a letter of apology to Council (see
Attachment No. 3). The applicant will not be installing any further signage until relevant
approvals are granted.

Internal Works
The officers also observed on the site visits on 17 and 18 August 2010 that internal
repainting and wall retiling is taking place in the subject unit.

Clause 3.5 a) of the Town Planning Scheme No. 23 states that planning approval is not
required for works “which affects only the interior of a building and which does not
materially affect the external appearance of the building”. It is therefore considered that
the subject repainting and retiling works do not require planning approval.

The City’s Building Services department has advised that a building licence application
would also not be required for the subject repainting and retiling works.
The officers have subsequently advised the applicant that no further additional works are
to be undertaken until relevant approvals are granted.

Car Parking
There was also some discussion at the Committee meeting regarding parking provision for
the proposed use and the potential for cash in lieu of car parking. The research
undertaken by the City on this matter is scheduled to be referred to the Councillor
Workshop on 14 September 2010.


Committee Recommendation to Council
That the item be deferred to full Council.

COUNCIL RESOLUTION
CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED
that:
1.    Planning Approval be granted for the proposed change of use to restaurant/fast
      food outlet, al fresco area and associated alterations at Lot 50, Unit 2 No. 4
      Progress Street, Morley, subject to the following planning conditions:
      a)    This approval is valid for a period of two (2) years from the date of this
            letter. If the development/use, the subject of this approval, is not
            SUBSTANTIALLY COMMENCED within two years, the approval shall
            lapse and be of no further effect. Where an approval has lapsed, no
            development/use shall be carried out without the further approval of the
            City having first been sought and obtained.
      b)    The development shall be carried out only in accordance with the terms of
            the application as approved herein, and any approved plan.
      c)    The development complying with any details marked in red on the
            approved plans.

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ORDINARY COUNCIL MEETING MINUTES                                     24 AUGUST 2010


     d)   In accordance with the Local Government (Miscellaneous Provisions) Act
          1960 and Building Regulations 1989, a building licence must be obtained
          prior to the commencement of any building works, including internal fit-
          out.
     e)   Any onsite signage to be installed in accordance with the City’s Signage
          Policy to the satisfaction of the City of Bayswater.
     f)   Any industry derived liquid waste is to be disposed of in accordance with
          the Environmental Protection (Liquid Waste) Regulations 1996 and/or the
          requirements of the Water Corporation, Water and Rivers Commission
          and Department of Environmental Protection.
     g)   The noise generated by construction or operational activities is not to
          exceed the levels prescribed under the Environmental Protection (Noise)
          Regulations 1997.
     h)   Compliance with the Food Act 2008 and Australian Food Standard Codes.
     i)   Compliance with the City of Bayswater Health Local Laws.
     j)   Compliance with the Health (Air Handling and Water Systems) Regulations
          1994 and relevant Australian Standards eg AS 1668.2 “ the use of
          mechanical ventilation and air conditioning in buildings” and AS 3666 “
          Air-handling and water systems of buildings –microbial control part 1:
          Design, installation and commissioning”.
     k)   Ventilation is to comply with the requirements of the Sewerage (Lighting,
          Ventilation and Construction) Regulations 1971 and the Building Code of
          Australia.
     l)   Sanitary Conveniences are to be provided in accordance with the
          provisions of the Building Code of Australia, Health Act 1911 and the
          Occupational Safety Health Regulations. Please note currently the
          premises does not have the provision for public sanitary facilities,
          therefore the maximum number of seating must not exceed twenty (20)
          seats (including seating inside the restaurant and in the alfresco area)
          without the further approval of the Manager Environmental Health
          Services.
     m)   The applicant is to make arrangements to the satisfaction of the Water
          Corporation for the provision of reticulated sewerage within the
          development.
     n)   A grease trap to be installed in accordance with the requirements of the
          Water Corporation and Australian Standard 3500.
2.   Council note that an alfresco dining permit associated with the above approval
     will be issued by the Manager of Planning Services under delegated authority
     in accordance with the “Activities on Thoroughfares and Public Places” Local
     Law and Policy No. ‘TP-P 5.3 Alfresco Dining’.

                                                      CARRIED UNANIMOUSLY




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ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


11.1.14       Amendment No. 43 to Town Planning Scheme No. 24
              Location:    Lot 26, Nos 465-469 Guildford Road, Bayswater
              Lot          101, No. 497 Guildford Road, Bayswater
              Attachments: No. 1 - Location Plan and Site Photo
                           No. 2 – Submissions Table
                           No. 3 – Extent of Community Public Advertising
              Applicant:   City of Bayswater
              Owner:       Loan Thi Kha, Minh Le, Thi My Nugyen,
                           Project Development (WA) Pty Ltd
              Officer:     Director of Planning and Development Services
              Refer:       Item 11.1.15: OCM 2.2.2010
                           Item 13.1: OCM 26.5.2009

Application
To consider the final approval of a Scheme Amendment following public advertising to
amend the Special Purpose Zone provisions for:
•    Lot 26, No 465-469 Guildford Road, Bayswater; and
•    Lot 101, No. 497 Guildford Road, Bayswater.

Background

Town Planning         Scheme   No.   24 “Special Purpose”
Zoning:                                 Permitted uses – Local Shopping, Tavern
Lot Areas:                                Lot 26 – 1,627m²
                                          Lot 101 – 3,136 m²
Existing Land Use:                        Lot 26 – Pizza take away shop, a fish and chip
                                          shop and a lunch bar
                                          Lot 101 – Vacant with some site works associated
                                          with commercial development underway
Surrounding Land Use:                     Residential
                                          “Special Purpose”
Proposed Scheme Amendment:
                                          Permitted uses –‘Shop’ and ‘Office’
                                          Discretionary uses – ‘Lunch Bar’, ‘Fast Food
                                          Outlet’, ‘Consulting Rooms (Medical)’, ‘Medical
                                          Centre’, ‘Grouped Dwellings’ (R40) and ‘Multiple
                                          Dwellings’ (R40).

Scheme Amendment(s)
The previous owner of the land sought to rezone Lot 101 in 2003 prior to the adoption of
Town Planning Scheme No. 24 (TPS 24) to ‘Medium Density Residential R40’. Council,
at its meeting on 28 October 2003, resolved to provide in principle support for the
rezoning of Lot 101 to ‘Medium Density Residential R30’.




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


The applicant was advised on 25 November 2004 that TPS 24 would be gazetted and a
scheme amendment application could be proceeded. The applicant chose not to proceed
with the scheme amendment at the time.

Council considered the subject rezoning at its meeting of 26 May 2009, where it resolved:

“That the matter be deferred for full discussion to the Local Housing Strategy Density
Review Workshop as a matter of urgency”.

Workshops on the Local Housing Strategy were conducted with Council on 17 June 2009
and 18 August 2009 and the subject matter was raised for discussion. The City’s officers
advised that Guildford Road is considered to be an ‘Activity Corridor’ and that certain
nodes, including the Guildford Road/King William Street/Slade Street area, may have the
potential for redevelopment with a mix of appropriate land uses and some medium to high
density residential development.

Development Application(s)
A development application was presented to Council at its Ordinary Meeting on
24 February 2009 and comprised the development of four (4) separate tenancies on Lot
101, No. 497 Guildford Road, Bayswater as follows:

1.   Two (2) fast food outlets (drive-through chicken franchise (206m²) and drive-
     through coffee outlet (19m²));
2.   Liquor store (204m²) with drive-through bottle shop component (71m²); and
3.   Shop (205m²).

Council resolved to grant conditional approval for the proposed commercial development
(fast food outlets and local shop) at the Ordinary Council Meeting on 24 February 2009.
Council also resolved that:

“The applicant be advised that a Liquor Licensing outlet will be refused”.

Council further considered two development applications for a proposed tavern and a
liquor store with a drive through facility on Lot 101 at its Special Meeting on 4 November
2009 and resolved to refuse both applications.

The applicant subsequently made an application for review/appeal to the State
Administrative Tribunal (SAT) regarding Council’s resolution to refuse the liquor store
application. The SAT is expected to make a determination on the review/appeal in due
course.

Initiation of Proposed Amendment
Appendix 3 of TPS 24 provides the details of Special Purpose Zones. Special Purpose
Zones specify permitted and discretionary uses for particular lots of land. Appendix 3
currently specifies that subject Lots 26 and 101 have permitted uses of ‘Tavern’ and
‘Local Shopping’.




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Section 75(a) of the Planning and Development Act 2005 provides for local governments
to amend a town planning scheme “with reference to any land within its district”. Section
83 of the Act requires the local government to make reasonable endeavours to consult with
parties affected by the amendment.

The matters raised in the legal advice previously provided to Council at its Ordinary
Meeting on 2 February 2010 and detailed in the ‘Comment’ section need to be addressed,
therefore the City initiated the scheme amendment in this instance.

The scheme amendment proposes to amend the Special Purpose Zone provisions for the
subject lots as follows:

    Special Purpose          Current Use                    Proposed Uses
       Provision
  Permitted use(s)             Tavern                             Shop
                            Local Shopping                        Office

                                                Please Note:
                                                In this Schedule, a ‘Liquor Store’ is not
                                                permitted and a Liquor Store shall have
                                                the same meaning as detailed within the
                                                Liquor Control Act.

  Discretionary use(s)              -                         Lunch Bar
                                                          Fast Food Outlet
                                                     Consulting Rooms (Medical)
                                                           Medical Centre
                                                      Grouped Dwellings (R40)
                                                      Multiple Dwellings (R40)

                                                Please Note:
                                                In this schedule, the total amount of GLA
                                                for the ‘Fast Food Outlet’ use(s) across
                                                both lots shall not exceed 500m².


Council, at its Ordinary Meeting on 2 February 2010 resolved to initiate the subject
scheme amendment.

Implications for Future Land Use
New proposed ‘Discretionary’ land use developments (‘Lunch Bar’, ‘Fast Food Outlet’,
‘Consulting Rooms (Medical)’, ‘Medical Centre’, ‘Grouped Dwellings’ (R40) and
‘Multiple Dwellings’ (R40)) and/or alterations and additions to such developments would
require further consideration by Council at the development application stage as per the
requirements of TPS 24.

It is also noted that the proposed scheme amendment would not change or limit any
existing valid approval(s) granted for the sites or the continuation of existing lawful land
uses.



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Contact with Owners
The City sent letters dated 15 May 2009, 28 May 2009, 12 November 2009, 21 January
2010, 8 February 2010 and 27 May 2010 to the landowners of the subject sites advising of
and requesting comments on the City’s intention to initiate a town planning scheme
amendment to rezone the sites. Written comments have been received from the owners of
Lot 101 (discussed below and noted in Attachment No. 2). One of the owners of Lot 26
also indicated verbally in a telephone conversation support for the proposed scheme
amendment.

Public Advertising
The proposed amendment was referred to the Environmental Protection Authority (EPA)
for assessment under the Environmental Protection Act 1986 in accordance with statutory
requirements. The EPA provided consent to advertise the amendment on 4 May 2010.

The proposed amendment was advertised for 42 days from 29 May 2010 until 12 July
2010 via the following methods:

1.   An advertisement in the West Australian and local newspapers (Eastern Reporter
     and Guardian Express);
2.   Information on the City’s website;
3.   Correspondence sent to landowners of the subject sites and the immediate area,
     including all residents of Slade Street, Bayswater;
4.   Correspondence sent to all relevant service agencies;
5.   Three (3) signs on the subject site; and
6.   Information at the City’s Civic Centre.

Eight (8) submissions were received during the advertising period, of which:

•    Two (2) submissions supported the proposed amendment;

•    Three (3) submissions provided partial or qualified support for the proposed
     amendment or a partial objection;

•    Three (3) submissions provided neither support nor an objection to the proposed
     amendment; and

•    Zero (0) submissions completely objected to the amendment.

Comment
Public advertising revealed that there was qualified support for a scheme amendment to
proceed over the subject sites. The main points raised during the public advertising
process were:

1.   The quality of approved and/or future development on the site;
2.   The effect of approved and/or future development on traffic on Slade Street;

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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


3.    Support for the proposed removal of the ‘Tavern’ use as part of the Amendment;
4.    Objection to the inclusion of ‘Fast Food Outlet’ as a ‘Discretionary’ land use as part
      of the Amendment.

These points are further discussed overleaf.

Quality of Development
Two submissions raised concern about the quality of the approved and/or future
development on the sites. The submissions noted that the sites are located on a key
gateway to the City and are highly visible. It was argued that current or future
development on the sites should be of a high quality, incorporate environmental design
elements and use landscaping to soften the development and buffer impacts on adjoining
residential properties.

The points raised are noted and there is general agreement with the principles raised.
However, this amendment principally deals with the future use of the land, rather than
development on the land. Appendix 3 of TPS 24 ‘Special Purpose Zones’ only deals with
‘Permitted’ and ‘Discretionary’ uses of land and does not provide for other details such as
the height or form of development. Development controls such as height, setback,
landscaping and car parking requirements are contained in Part 8 of TPS 24.

Traffic
Council has formed a working group to assess traffic issues on Slade Street.

The City is in a challenging position in relation to traffic and access issues for the subject
sites. A reciprocal access/rights of carriageway agreement (Lot 101) and easement (Lot
26) exist over the two lots, providing the lots with access to both Slade Street and
Guildford Road. Main Roads WA would prefer that there is no access from the lots to
Guildford Road in accordance with its policies to limit access to regional roads (i.e.
Guildford Road). The residents of the area would prefer that there is no access from the
lots to Slade Street. Therefore, the expectations of both parties cannot be completely
satisfied.

It is difficult to analyse the potential traffic impacts of the proposed land uses and make a
comparison with the current ‘Permitted’ land uses given that no information exists on how
the site may be developed in the future. The proposed amendment principally deals with
the future use of the land, rather than development on the land. Therefore, traffic and
access issues are more appropriately dealt with as a separate matter and would also be a
likely requirement at the development application stage.




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Inclusion of Fast Food Outlet
One (1) objection has been received to the inclusion of ‘Fast Food Outlet’ as a
‘Discretionary’ land use as part of the proposed amendment as the submitter did not
consider it to be an appropriate use for the sites.

‘Fast Food Outlets’ is proposed as a ‘Discretionary’ use as part of the amendment for the
following reasons:

1.    The sites are located on an identified ‘Activity Corridor’ in Western Australian
      Planning Commission documents. ‘Activity Corridors’ conceptually provide for a
      greater mix of land uses and potentially more intensive development.

2.    The sites have a high exposure to passing traffic, making commercial development
      more viable.

3.    Council granted approval for ‘Fast Food Outlets’ on Lot 101 at its Ordinary Meeting
      of 24 February 2009. Lot 26 currently contains a pizza take away shop, a fish and
      chip shop and a lunch bar which have been operating on the site for a number of
      years.

Scheme amendments to change the zoning or the ‘Permitted’ or ‘Discretionary’ land uses
on a site do not constrain the continuation of lawfully approved land uses. Approved ‘Fast
Food Outlets’ could therefore continue to operate from the sites indefinitely as ‘non-
conforming uses’, even if ‘Fast Food Outlets’ was not a ‘Permitted’ or ‘Discretionary’
land use.

The amendment originally proposed to limit ‘Fast Food Outlet’ use(s) across both lots to
no more than 500m² (the current approximate area of existing and approved ‘Fast Food’
uses across both lots).

Senior Management Group considered that this limit should be more specifically applied
to each lot – a 250m² limit on ‘Fast Food Outlets’ for Lot 26 to reflect the existing uses on
the site and 225m² limit on ‘Fast Food Outlets’ for Lot 101 to reflect the approval by
Council at its Ordinary Meeting on 24 February 2009 for two (2) fast food outlets (drive-
through chicken franchise (206m²) and drive-through coffee outlet (19m²)).

It is recommended that ‘Fast Food Outlets’ be included as a ‘Discretionary’ use, subject to
the modified floor space limits discussed above.

Removal of Tavern
A ‘Tavern’ “means any premises licensed as a Tavern under the provisions of the Liquor
Licensing Act 1988 and used to sell liquor for consumption on the premises” under TPS
24.

The City’s solicitors in considering all the matters relating to the subject sites provided
advice that:

“if it is the intention of the Council that a liquor outlet should not be permitted on that
site”



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Council should consider an amendment to the permitted uses (for Lot 101) in the Special
Purpose Zones Schedule so as to remove ‘Tavern’ as a permitted use. The subject scheme
amendment has been proposed to remedy this issue.

The public advertising process revealed that there were no objections to the removal of
‘Tavern’ as a ‘Permitted’ use.

Removal of Local Shopping
‘Local Shopping’ is not defined in TPS 24 or the Model Scheme Text and was not defined
in Town Planning Scheme No. 21 (TPS 21 - the preceding town planning scheme). ‘Local
Shopping’ was defined in Town Planning Scheme No 13 (TPS 13), which was the district
Town Planning Scheme prior to TPS 21. According to TPS 13, ‘Local Shopping” was
defined as:

“The use of land or buildings for one or more of the following activities – butcher shop,
cake shop, green grocer, delicatessen, small goods, hairdresser, newsagent or novelty
shop. Any other activities, non conforming with this definition, are only permissible with
the approval of Council, if Council considers they serve the day-to-day shopping needs of
the locality”.

The City’s solicitors have advised that “there is a clear interpretation problem with the
term “Local Shopping” in the context of (TPS 24)”. Given that ‘Local Shopping’ is not
defined in the Scheme or Model Scheme Text, and that any proposed definition is likely to
still be subject to interpretation, the City’s Officers concur with the City’s solicitors’
advice that the use of the term should be removed.

The public advertising process revealed that there were no objections to the removal of
‘Local Shopping’ as a ‘Permitted’ use.

Proposed ‘Shop’ and ‘Lunch Bar’ Land Uses
‘Shop’ and ‘Lunch Bar’ reflect the existing or approved uses for the sites. The location of
the lots along Guildford Road encourages small-scale commercial uses because of the
exposure to passing vehicle traffic. Commercial uses have been operating on Lot 26 for a
number of years.
The permitted use of ‘Shop’ has been proposed as this is the most relevant definition to
provide for the continuation of these appropriate uses. ‘Shop’ is defined by TPS 24 as:

“ any building wherein goods are kept, exposed or offered for sale by retail, or within
which services of a personal nature are provided (including a hairdresser, beauty
therapist or manicurist) but does not include a showroom, fast food outlet or any other
premises specifically defined elsewhere in this part”.

It is considered that inserting ‘Shop’ as a permitted use would simplify and streamline the
Scheme and provide greater clarity on the uses permitted on the site. It is considered to be
consistent with the original intent of the zoning for the site. It is proposed to include a note
as part of the schedule as follows:

“In this Schedule, a ‘Liquor Store’ is not permitted and a Liquor Store shall have the
same meaning as detailed within the Liquor Control Act”.



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This note would prevent a ‘Liquor Store’ land use on the site if this note is approved by
the Western Australian Planning Commission (WAPC) and Minister for Planning.

The owners of Lot 101 have objected to ‘Liquor Store’ not being permitted as a ‘Shop’, as
it was argued that there is no distinction made on planning grounds between different
goods sold from a ‘Shop’ as long as the use meets the ‘Shop’ definition (noted above).
This amendment seeks to make a distinction between ‘Shop’ and ‘Liquor Store’ on this
site as Council considers and has made it clear through previous resolutions that a ‘Liquor
Store’ would have a potentially adverse impact on the amenity of adjoining residents and
the surrounding area.

It is possible that the WAPC and the Minister for Planning may refuse this note if it is
determined that it would conflict with the interpretation of ‘Shop’ in the Model Scheme
Text or with current practices across other local governments.

It is proposed to include a “Lunch Bar” as a discretional use. TPS 24 defines a ‘Lunch
Bar’ as:

“premises or part of premises used for the sale of takeaway food (in a form ready to be
consumed without further preparation) within industrial or commercial areas, but does
not include a Fast Food Outlet”.

A lunch bar is similar in nature to a ‘Shop’ and ‘Fast Food’ outlet and is considered to be
appropriate as they are generally found in areas that cater for passing traffic or nearby
commercial or industrial uses. A lunch bar has also been operating on Lot 26 for a
number of years.

The public advertising process revealed that there were no objections to the inclusion of
‘Shop’ as a ‘Permitted’ use and ‘Lunch Bar’ as a ‘Discretionary’ use.

Other Commercial Uses
‘Office’ is defined in TPS 24 as:

“means premises used for administration, clerical, technical, professional or other like
business activities”.

Office land uses have relatively few external impacts, provides local employment
opportunities and would not be considered to unduly impact on adjoining residential areas.
It is therefore recommended to include ‘Office’ as a ‘Permitted’ use.

‘Consulting Rooms (Medical)’ is defined in TPS 24 as:

“means premises used by no more than two health consultants for the investigation or
treatment of human injuries or ailments and for general outpatient care”.




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Similarly, ‘Medical Centre’ is defined as:
“premises, other than a hospital, used by one or more health consultant(s) for the
investigation or treatment of human injuries or ailments for general outpatient care
(including preventative care, diagnosis, medical and surgical treatment and counselling”.

‘Consulting Rooms (Medical)’ and ‘Medical Centre’ are considered as appropriate land
uses as they would serve residents of the local area, the nearby Bayswater town centre and
passing traffic and could be occupied by doctors, dentists, physiotherapists or the like.
Matters such as setbacks and parking are already controlled by Scheme standards and it is
considered that the uses are relatively compatible with the sites’ contextual location. No
objections were received during public advertising to the other commercial uses noted
above.
Residential Uses
Council previously gave in principle support for Lot 101 to be rezoned for residential uses
at its meeting on 28 October 2003. The subject sites adjoin residential uses (to the rear and
opposite along Slade Street and across Guildford Road) with densities ranging from
R17.5/25, R17.5/30 to R40. It is considered that residential uses would be appropriate
given the site context along the Guildford Road Activity Corridor and that an appropriate
density coding would be R40 given that the adjoining unit complex (accessed via King
William Street) is zoned Medium and High Density - Residential R40.

The public advertising process revealed that there was support for residential uses on the
sites.

Summary
The modified scheme amendment proposes to amend the Special Purpose Zone provisions
for the subject lots as follows:

    Special Purpose           Current Use                      Proposed Uses
       Provision
 Permitted use(s)              Tavern                               Shop
                            Local Shopping                          Office
                                                 Please Note:
                                                   In this Schedule, a ‘Liquor Store’ is not
                                                 permitted and a Liquor Store shall have the
                                                 same meaning as detailed within the Liquor
                                                                Control Act.
 Discretionary use(s)               -                           Lunch Bar
                                                            Fast Food Outlet
                                                       Consulting Rooms (Medical)
                                                             Medical Centre
                                                        Grouped Dwellings (R40)
                                                        Multiple Dwellings (R40)
                                                 Please Note:
                                                 In this schedule, the total amount of GLA
                                                 for the ‘Fast Food Outlet’ use(s) is limited
                                                 as follows:
                                                 Lot 26 - 250m²; and
                                                 Lot 101 – 225m².


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ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010


The amendment was advertised for 42 days from 29 May 2010 until 12 July 2010. Eight
(8) submissions were received during the advertising period, of which:

•      Two (2) submissions supported the proposed amendment;

•      Three (3) submissions provided partial or qualified support for the proposed
       amendment or a partial objection;

•      Three (3) submissions provided neither support nor an objection to the proposed
       amendment; and

•      Zero (0) submissions completely objected to the amendment.

It is proposed to make one (1) minor change to the amendment initiated by Council to
further clarify the limits on ‘Fast Food Outlet’ uses. It is considered that the limit of 500m²
across both lots should be more specifically applied to each lot – a 250m² limit on ‘Fast
Food Outlets’ for Lot 26 to reflect the existing uses on the site and 225m² limit on ‘Fast
Food Outlets’ for Lot 101 to reflect the approval by Council at its Ordinary Meeting on
24 February 2009 for two (2) fast food outlets (drive-through chicken franchise (206m²)
and drive-through coffee outlet (19m²)).

The amendment will not change or limit the existing approval(s) granted or the existing
uses, and will provide greater clarity on the future use of the sites. It is recommended that
Council give final approval to the scheme amendment.

Policy Implications
Nil.

Financial Implications
The Planning and Development Act 2005 and Clause 2.3 of TPS 24 have provisions
relating to “injurious affection”, which is compensation potentially payable to a landowner
for the loss of development rights in certain situations. A brief overview of the initial
advice from the City’s solicitors is that ‘injurious affection’ would only be initiated if the
scheme amendment results in the land being reserved, or only permitting public purposes
,or if no commercial uses could be operated from the site. The proposed scheme
amendment is not considered to result in any of these situations.

Voting Requirements
Simple Majority Required.




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ORDINARY COUNCIL MEETING MINUTES                                                             24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that:
1.      Council note the submissions received during the public advertising period on
        Amendment No. 43 to Town Planning Scheme No. 24.
2.      Council give final approval to modified Amendment No. 43 to Town Planning
        Scheme No. 24 as follows:
        a)     Delete the current Permitted Uses of ‘Local Shopping’ and ‘Tavern’
               contained in Appendix 3 Special Purpose Zones of Town Planning Scheme
               No. 24 relating to Lot 26, Nos 465-469 Guildford Road, Bayswater and
               Lot 101, No. 497 Guildford Road, Bayswater; and
        b)     Insert ‘Shop’ and ‘Office’ as ‘Permitted’ uses and ‘Lunch Bar’, ‘Fast
               Food Outlet’, ‘Consulting Rooms (Medical)’, ‘Medical Centre’, ‘Grouped
               Dwellings’ (R40) and ‘Multiple Dwellings’ (R40) as ‘Discretionary’ uses in
               Appendix 3 Special Purpose Zones of Town Planning Scheme No. 24
               relating to Lot 26, Nos 465-469 Guildford Road, Bayswater and Lot 101,
               No. 497 Guildford Road, Bayswater.
        c)     Insert conditions in Appendix 3 Special Purpose Zones of Town Planning
               Scheme No. 24 relating to Lot 26, Nos 465-469 Guildford Road, Bayswater
               and Lot 101, No. 497 Guildford Road, Bayswater as follows:
               Permitted Uses
               "In this Schedule, a ‘Liquor Store’ is not permitted and a Liquor Store
               shall have the same meaning as detailed within the Liquor Control Act".
               Discretionary Uses
               “In this Schedule, the total amount of GLA for the ‘Fast Food Outlet’
               use(s) is limited as follows: Lot 26 - 250m²; and Lot 101 – 225m²”.
3.      Council authorises the affixing of the Common Seal to the modified scheme
        amendment documents and the documents be forwarded to the Western
        Australian Planning Commission for final approval.
4.      The owners of Lot 26, Nos. 465-469 Guildford Road, Bayswater and Lot 101,
        No. 497 Guildford Road, Bayswater be advised of Council’s resolution.

                                                                                             CARRIED: 8/2
         FOR:     Councillors Kenyon, McKenna, Robinson, Pittaway, Palmer,
                  Albert, Blanchard and Radford
         AGAINST: Councillors Turkington and Sabatino


     At the Planning and Development Services & Administration and Community Services Committee meeting:
     FOR:    Council Kenyon, Robinson, Pittaway, Radford, McKenna
     AGAINST Council Turkington, Albert




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At the Planning and Development Services & Administration and Community Services
Committee meeting:
This item was dealt with immediately following the deputation.
11.1.15    Aviation Commemorative Park
           Location:     Reserve 33966, Clarkson Road, Maylands
           Attachments: No. 1 - Location Plan and Site Photo
                         No. 2 – Final Design Concepts and Costs
                         No. 3 – Examples of Final Signs
                         No. 4 – Cash in Lieu of POS Funds - Map 5 – Lower
                         Maylands Peninsula
           Officer:      Director of Planning and Development Services
           Refer:        Item 13.19: OCM 28.04.2009
                         Item 13.30: OCM 16.12.2008
                         Item 12.7.1: OCM 24.06.2008
                         Item 12.7.3: OCM 27.05.2008
                         Item 12.4.5: OCM 25.05.2004

At the Planning and Development Services & Administration and Community Services
Committee meeting:
CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995,
Cr Sonia Turkington declared an impartial interest in this item as her brother-in-law was
part of the deputation.

At 7:45pm, Cr Sonia Turkington withdrew from the meeting


CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995,
Cr Sonia Turkington declared an impartial interest in this item as her brother-in-law
was part of the deputation.

At 8:50pm Cr Sonia Turkington withdrew from the meeting.
Application
To seek Council’s endorsement of the final concept designs for the proposed Aviation
Commemorative Park at Reserve 33966, Clarkson Road, Maylands, and the
implementation and financing of the project.

Background
Council approved the River Foreshore Masterplan in 2004 to guide the use and
development of the City’s river foreshore areas. The plan was also aimed at creating
interest and action for the community. The City divided the river foreshore into 12
precincts in order to implement the plan.




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The proposed Aviation Commemorative Park is part of Precinct 5B
(refer Attachment No. 1). Precinct 5B is located on the Swan River Foreshore and is
reserved ‘Parks and Recreation’ under the Metropolitan Region Scheme. There are no
areas of Aboriginal cultural significance located in Precinct 5B. The only current use of
the site is a bicycle and pedestrian pathway running parallel to Clarkson Road.

The site has previously been identified as the most appropriate location for the Aviation
Commemorative Park as it formed part of the original airport runway. The site has few
environmental constraints in relation to the proposed works.

Aviation Commemorative Park and the remainder of Precinct 5B are located entirely
within the Swan River Trust management area. Any development within the park would
therefore require Swan River Trust approval.

The proposed site of Aviation Commemorative Park is also on the Heritage Council’s
State Register of Heritage Places, as it formed part of the Maylands Aerodrome from 1924
to1963. Any development would therefore require referral to the Heritage Council of
Western Australia for comment.

Council, at its Ordinary Meeting of 24 June 2008, considered the draft Aviation
Commemorative Park concept plan and resolved to advertise the draft plan for public
comment. Public advertising of the draft concept plan was undertaken and finished on 12
August 2008.

The results of the public advertising were reported to Council at its meeting of 16
December 2008. A total of 26 submissions were received during the advertising period,
comprising:

1.    21 submissions supporting the concept plan;
2.    Two (2) submissions objecting to the concept plan;
3.    One (1) petition with nine (9) signatures objecting to the concept plan; and
4.    Two (2) submissions from service agencies stating no objection to the concept plan.

There was strong demonstrated support from the community for the proposed
Commemorative Park.

Council at its meeting of 16 December, 2008 considered this matter and the submissions
received and resolved that:

“a)    Council receive the information in this report on the proposed Aviation
       Commemorative Park;
b)     Council give consideration to the design elements of the proposed Aviation
       Commemorative Park plan, with a further report to be presented detailing the
       matter; and
c)     The final design to be presented to the surrounding residents”.

Council, at its meeting of 28 April 2009, considered the draft design options and resolved:

“That Council adopt Design Option 1 and in accordance with the Council Resolution of
16 December 2008, presents it to the surrounding residents prior to implementation”.


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Correspondence dated 7 May 2009 was sent to all submitters, residents and stakeholders
advising that Design Option 1 was being pursued by the City. It is considered that no
further public advertising of the project is required given that stakeholders and
neighbouring landowners have had two (2) previous opportunities to comment on the
proposal, the location of the Commemorative Park has not changed and the concept is
similar (albeit some design details have changed).

The City received $15,000 from Lotterywest for an Interpretation of Cultural Heritage
Grant. The grant has been used to appoint two (2) qualified consultants – Brian Shepherd
and Alan Muller to prepare the material for the proposed interpretive signage and to
finalise the design concept plan.

Comment
The purpose of this report is to update Council on the final design concepts for Aviation
Park prepared by the project consultants, and the implementation and financing of the
project.

Proposed Vision
The proposed vision for the Aviation Commemorative Park is to recognise and highlight
the historical significance of the former Maylands Aerodrome site, which operated on the
Maylands Peninsula from 1924 to 1963. The park would inform visitors of the major
events and history of the site.

Final Design Concept
The project consultants worked closely with the City and interested stakeholders such as
the Maylands Historical and Peninsula Association. The Association provided much of the
background historical information for the proposed signage.

The project consultants have prepared the final design concepts and proposed signage as
shown in Attachments No. 2 and No. 3. The previous site plan concept of a U-shaped path
linking various signs was not progressed. Instead, the consultants have prepared a concept
plan based on concentric circles, which is potentially a more compact and focussed design
and better reflects the heritage of aerodrome (which was roughly circular). There are no
objections to the proposed concept site plan from the City’s Officers or the Maylands
Historical and Peninsula Association.

A stylised plane is to be cast into the ground using contrasting pavement, with an airplane
propeller (currently being sourced) to be included at the front of the plane. Two seats are
also proposed to provide a resting place.

Two of the original air field lights are proposed to be relocated a short distance to become
part of the site. The final design concept does not involve the removal of existing trees.

A suggestion has also been made by the Maylands Historical and Peninsula Association to
include a windsock in the final design concept. Preliminary investigations were
undertaken on the site, where it was identified that noise and the height associated with the
windsock may also cause concern to adjacent landowners. The consultants did not include
a windsock in the design concept at this stage for these reasons.




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Notwithstanding the above, it would be relatively straight-forward to add a windsock into
the final design should Council consider that this would add to the final design. The City's
officers have no objections to the proposed windsock. It is therefore recommended that the
final design be amended to include a windsock as suggested by the Maylands Historical
and Peninsula Association.

As previously mentioned, it is considered that no further public advertising of the project
is required given that stakeholders and neighbouring landowners have had two (2)
previous opportunities to comment on the proposal, the location of the Commemorative
Park has not changed and the concept is similar (albeit some design details have changed).

Interpretative Signage
The consultants have prepared 19 signs/plaques for the site. Much of the information to be
included on the signs/plaques was provided by the Maylands Historical and Peninsula
Association. The signs/plaques include information on:

•    The history of the Maylands Aerodrome;
•    The airlines and aircraft that flew from the Aerodrome;
•    The importance of the Aerodrome during World War 2;
•    Famous users and visitors; and
•    Other features of interest.

The signs/plaques are proposed to be stainless steel such as the examples shown in
(Attachment No. 3). A stylised “goggles” sign is proposed to be a feature sign to attract
the attention of passers-by.

The proposed concept plan and interpretative signage is considered to be well presented,
high quality, durable and practical. It is therefore recommended for approval.

Development Approvals
A development approval would be required from the Swan River Trust for the proposed
works. Any development would also require referral to the Heritage Council for
comment, as the site is listed on the Heritage Council’s State Register of Heritage Places.

Implementation
There are a number of steps required to implement the project, including (but potentially
not limited to):

1.   Council to approve final concept plans;
2.   Consultants to provide all final plans and signage details;
3.   Obtain development approval from the Swan River Trust and comment from
     Heritage Council of WA;
4.   Seek the approval of the Minister for Planning for the release of Cash in Lieu of
     Public Open Space Trust Funds allocated to the project;
5.   Obtain final quotes for signage and works;
6.   Finalise all procurement items; and
7.   Complete the works.




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ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010


Costs and Funding
Council at its Ordinary Meeting of 24 June 2008, resolved in part to ‘consider utilising
$53,000 previously allocated for the Aviation Commemorative Park from the cash-in-lieu
of public open space fund, and $524 remaining from the barbeque and seating at
Anchorage Park, Maylands, to implement the Aviation Commemorative Park Plan’.

The 2010/11 Budget includes $53,524 from the cash-in-lieu of public open space fund for
the project. The City’s Manager of Parks and Landscaping and the project consultants
have prepared the following cost breakdown.

 No.                                    Item                                  Indicative Cost
                                                                               Excluding GST
     1.     Signage, plaques, stands, propeller stand, goggle sign etc                $33,870
     2.     Two seats                                                                  $4,000
     3.     Site preparation and works, new pathways, landscaping,                   $114,845
            electrical, turf, irrigation etc
     4.     Refurbishment and installation of airfield lights and propeller           $12,500
            (approximate cost)
            TOTAL                                                                    $165,215


The City’s Manager of Parks and Landscaping and the project consultants have estimated
that the project would cost $165,215 to complete. The 2010/11 Budget includes $53,524
from the cash-in-lieu of public open space fund for the project. The result is an
approximate funding shortfall of $111,691.

The City’s Manager of Parks and Landscaping and the project consultants have ensured
that costs have been minimised as far as possible. It is considered that the project could not
be done to a high quality for less money than that proposed above.

Cash In Lieu of Public Open Space Fund
The City holds money in a cash in lieu of public open space trust fund as a result of
contributions from subdivisions throughout the City in accordance with Western
Australian Planning Commission (WAPC) policy. The WAPC requires that cash in lieu of
public open space funds are to be spent within the vicinity of the subdivision that provided
the funds (in lieu of providing public open space as part of the subdivision). The State
Administrative Tribunal has determined that an 800 metre radius should be the basis for
levying and spending of cash in lieu funds.
Cash in lieu of public open space funds can only be used for the following purposes:

1.        Purchase of land for parks, recreation grounds or open spaces, generally in the
          locality in which the subdivision is situated;
2.        Repayment of loans raised by a local government for the purpose of such land; or
3.        With the approval of the Minister of Planning, development as parks, recreation
          grounds or open spaces generally of any land in the locality, vested in or
          administered by the local government for any of those purposes. Examples of such
          works include landscaping, reticulation, lighting, public toilets, play equipment,
          pathways etc.




                                            Page 111
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


Council, at its Ordinary Meeting of 25 May 2004, allocated approximately $1.07 million
of cash in lieu of public open space funds for a number of projects throughout the City
based on the recommendations of a working group comprising Councillors and
community members. Maps were prepared as part of the process denoting the various
subdivisions that paid cash in lieu funds and an 800 metre walkable catchment area around
the subdivision sites where funds could be potentially spent. An example of the maps
(Map 5) is provided in (Attachment No. 4). Funds were then allocated to the various
projects based on the 800 metre catchment and adopted by Council.

Council resolved in part at its Ordinary Meeting of 25 May 2004 that:
“Council allocate cash in lieu of public open space funds and prepare an appropriate
design and associated costs for further consideration for works identified in the document
titled “Working Group – Use of Cash-In-Lieu Public Open Space Funds, Briefing Paper
No. 2, May 2004:, for the following design and cost proposal:

a)   Foreshore Upgrade – various works associated with the Foreshore Masterplan
     ($287,774)”.

This money allocated by Council to the Foreshore Upgrade remains outstanding pending
further detailed design work, such as the completed design work and costings for Aviation
Commemorative Park. Furthermore, the current cash in lieu of public open space fund
balance for the Map 5 area (see Attachment No. 4) is $165,309.50 (this amount has been
increasing as interest is accumulated). As previously noted, Council has allocated $53,524
of this Map 5 area fund balance to Aviation Park, meaning that $111,785.50 remains to be
spent in the Map 5 area.
Aviation Commemorative Park is considered to be an important part of activating the
Swan River Foreshore as recommended by the Foreshore Masterplan 2004. It will also
recognise and highlight the historical significance of the former Maylands Aerodrome site.
It is therefore considered appropriate to allocate the remaining balance of funds in the Map
5 area being $111,785.50 to complete the project.

The following table provides a summary of the financial implications.

                                  Item                                          Funds
 Cash in Lieu of Public Open Space Trust Fund Balance –                         $165,309.50
 Map 5 Area (Lower Maylands Peninsula – refer to Attachment No. 4)
 Funding previously allocated by Council at its Ordinary Meeting of              $53,524.00
 24 June 2008 to Aviation Commemorative Park
 Further    recommended        funding     allocation      to    Aviation       $111,785.50
 Commemorative Park (to meet current identified costs plus the
 refurbishment and installation of existing airfield lights and propeller)
 Remaining Cash In Lieu of Public Open Space Trust Fund                                $0.00
 Balance – Map 5 Area

It is recommended that the City seek approval from the Minister for Planning to release
$165,309.50 of cash in lieu of public open space funds from the cash in lieu of public open
space trust fund to complete the Aviation Commemorative Park project.




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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


Summary
The project consultants worked closely with the City and interested stakeholders such as
the Maylands Historical and Peninsula Association to prepare the final concept plans. The
plan is based on concentric circles, which is potentially a more compact and focussed
design and better reflects the heritage of aerodrome (which was roughly circular).

The consultants have prepared 19 signs or plaques for the site, including information on:
•    The history of the Maylands Aerodrome;
•    The airlines and aircraft that flew from the Aerodrome;
•    The importance of the Aerodrome during World War 2;
•    Famous users and visitors; and
•    Other features of interest.

The City’s Manager of Parks and Landscaping and the project consultants have estimated
that the project would cost $165,215 to complete. The 2010/11 Budget includes $53,524
from the cash-in-lieu of public open space fund for the project. The result is an
approximate funding shortfall of $111,691.

The current cash in lieu of public open space fund balance for the Map 5 area (see
Attachment No. 4) is $165,309.50. As previously noted, Council has allocated $53,524 of
this Map 5 area fund balance to Aviation Park, meaning that $111,785.50 remains to be
spent in the Map 5 area. It is considered that the remaining balance of funds in the Map 5
area being $111,785.50 could be allocated to complete the project.

It is therefore recommended that the City seek approval from the Minister for Planning to
release $165,309.50 of cash in lieu of public open space funds from the trust fund to
complete the Aviation Commemorative Park project.

Policy Implications
Nil.

Financial Implications
The City’s Manager of Parks and Landscaping and the project consultants have estimated
that the project would cost $165,215 to complete. The 2010/11 Budget includes $53,524
from the cash-in-lieu of public open space fund for the project. The result is an
approximate funding shortfall of $111,691.




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


It is considered that the remaining balance of funds in the Map 5 area being $111,785.50
could be allocated to complete the project. The following table provides a summary of the
financial implications.

                                  Item                                             Funds
 Cash in Lieu of Public Open Space Trust Fund Balance –                            $165,309.50
 Map 5 Area (Lower Maylands Peninsula – refer to Attachment No. 4)
 Funding previously allocated by Council at its Ordinary Meeting of                 $53,524.00
 24 June 2008 to Aviation Commemorative Park
 Further    recommended        funding     allocation      to    Aviation          $111,785.50
 Commemorative Park (to meet current identified costs plus the
 refurbishment and installation of existing airfield lights and propeller)
 Remaining Cash In Lieu of Public Open Space Trust Fund                                  $0.00
 Balance – Map 5 Area

It is recommended that the City seek approval from the Minister for Planning to release
$165,309.50 of cash in lieu of public open space funds from the cash in lieu of public open
space trust fund to complete the Aviation Commemorative Park project.

Voting Requirements
ABSOLUTE MAJORITY REQUIRED for the Budget Amendment; and
Simple Majority Required for the remaining clauses of the Officer’s recommendation.

Officer's Recommendation
That Council:
1.   Endorse the final concept plans for the proposed Aviation Commemorative Park at
     Reserve 33966, Clarkson Road, Maylands subject to an appropriate windsock being
     incorporated into the final concept plans.
2.   Authorise the Director of Planning and Development Services to obtain
     development approval from the Swan River Trust and comment from the Heritage
     Council of Western Australia for the final development plans of the Aviation
     Commemorative Plan.
3.   Authorise the Director of Planning and Development Services to seek approval from
     the Minister for Planning to release $165,309.50 of funds from the cash in lieu of
     public open space trust fund to complete the Aviation Commemorative Park project.
4.   Following relevant approvals from the Minister for Planning, authorise the 2010-11
     Budget for the Aviation Commemorative Park project to be amended as follows;
                                                         Original      Revised        Surplus/
         Account                Description
                                                         Budget        Budget          Deficit
       G13700         Aviation Park                      $53,524     $165,309.50     $111,785.50
       Trust Fund     Cash in Lieu of Public Open         Trust         Trust       -$111,785.50
                      Space Trust Fund                    Fund          Fund
                                                                      Net Effect        NIL
5.   Authorise the City’s Technical Services to manage and implement the Aviation
     Commemorative Park project upon the receipt of the cash in lieu of public open
     space funding.




                                          Page 114
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


At the Planning and Development Services & Administration and Community Services Committee
meeting:
Committee Discussion
The Committee discussed the officer’s recommendation and decided to defer the item until such
time as consultation with the Maylands Historical and Peninsula Association is sought and the
final concept plans are sent to the residents located immediately adjacent to the reserve for
comment.

Committee Recommendation to Council
That the item be deferred to allow:
1.     Consultation with the Maylands Historical and Peninsula Association.
2.     The final concept plans for the Aviation Commemorative Park at Reserve 33966
       be sent to the residents located immediately adjacent to the reserve for comment.

AMENDMENT
CR SYLVAN ALBERT MOVED, CR MIKE SABATINO SECONDED that the
following words “before it is presented to Council” be included in point 2 to read:

2.     The final concept plans for the Aviation Commemorative Park at Reserve
       33966 be sent to the residents located immediately adjacent to the reserve for
       comment before it is presented to Council.
The Amendment was put and                                    CARRIED UNANIMOUSLY
The Amendment became part of the Substantive Motion.

COUNCIL RESOLUTION
CR SYLVAN ALBERT MOVED CR MIKE SABATINO SECONDED that the item
be deferred to allow:
1.     Consultation with the Maylands Historical and Peninsula Association.
2.     The final concept plans for the Aviation Commemorative Park at Reserve
       33966 be sent to the residents located immediately adjacent to the reserve for
       comment before it is presented to Council.
                                                            CARRIED UNANIMOUSLY
At 8:52pm Cr Sonia Turkington returned to the meeting.


At the Planning and Development Services & Administration and Community Services Committee
meeting:
At 7:58pm, Cr Sonia Turkington returned to the meeting.




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11.2          Administration and Community Services

11.2.1        Aquatic Facilities Management Report- July 2010
              Attachments: 1. Aquatic Facilities Management Report – July 2010
              Officer:         A/Director of Administration and Community Services
Application
To consider the report of activities and operations at the City of Bayswater aquatic
facilities for July 2010.

Background
A copy of the report and operations undertaken in the Month of July 2010
(refer to Attachment No. 1).

Comment
Bayswater Waves mission statement;

"To enrich community life and enhance the wellbeing of people of all ages, particularly
the residents of the City of Bayswater, by providing high quality leisure facilities and
services.”

Bayswater Waves operating hours are:
Monday to Friday   5:30am to 8:30pm
Saturday to Sunday 7:30am to 7:00pm

Maylands Waterland operating hours are from 1 November 2010 through to April 2011:
Monday to Sunday 10:00am to 5:00pm

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
report of activities and operations for the City of Bayswater’s aquatic facilities for
July 2010 be received.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.2.2       City of Bayswater Ranger Services Management Report – July 2010
             Attachments: 1. Ranger Services Management Report – July 2010
             Officer:        A/Director Administration and Community Services
Application
1. To provide Council with information about the activities of City of Bayswater Ranger
   Services for July 2010 in order for Council to make informed decisions about the
   service provided.
2. Consider the Ranger Services Management Report format and the information
   provided to Council.

Background
Statistics relating to Ranger Services has been presented to Council previously by
providing a spreadsheet of Action Request types and a brief description of activities or
issues arising.
The intent of the Ranger Services report is to provide Council with information about the
service in order to effectively make decisions that affect the medium to long term
application of the service.
Ranger Services deals with action requests and administer laws relating to specific
legislation in order to maintain and improve community safety. The various Legislation
rangers administer are:
   •     Dog Act
         o   Dog Attacks
         o   Dogs Wandering
         o   Dog Nuisance
         o   Dog Registrations
         o   Dog Impounding

   •     City of Bayswater Local Laws
         o   Parking Local Laws
         o   Activities on Thoroughfares Local Laws
         o   Property (Reserves) Local Laws
         o   Dog Local Laws

   •     Litter Act
         o   Littering
         o   Bill Posting
         o   Dumping of Rubbish

   •     Bush Fires Act
         o   Fire Management
         o   Fire Break Inspections
         o   Fire Prevention




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ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010



   •   Control of Off-Road Vehicles Act
       o    Driving of Unlicenced Vehicles (Other than on a road)
       o    Impounding

   •   Local Government Act
       o    Impounding of Abandoned Vehicles
       o    Impounding of Materials
       o    Livestock

Rangers also act as eyes on the street and report any illegal activity to police.
The City Ranger Services are located at 25 King Street. The office is open to the public
Monday to Friday 8:30am to 5:00pm.

Community Rangers are on duty from:
7:00am to 9:00pm Monday to Friday
9:00am to 5:00pm Saturday and Sunday

Comment
The Ranger Services Management Report is attached and reflects the work carried out by
rangers throughout the month of July 2010.
Ranger Services has been targeting littering on street and street verges. This has resulted
in 7 orders to remove material and 1 Infringement Notice being issued for littering on
verges.
Ranger Services assists in the Avon Decent finish line event. These duties include parking
management for the event and surrounding areas. Residents in the streets adjoining the
finish line area are advised of temporary restrictions and temporary signs are placed prior
to the event. Security officers are also provided for the event.

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
Ranger Services Management Report for July 2010 be received.
                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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11.2.3     Centro Galleria Sunday Trading Permit
           Attachments: 1. Centro Galleria Application for Sunday Trading
                           2. Location Map
           Officer:         A/Director of Administration and Community Services
Application
The City has received correspondence from Centro Galleria requesting Council support on
the proposal for additional retail trading hours on Sunday, 3 October 2010 from 10:00am
to 6:00pm within the Morley City Centre.

Background
Centro Galleria is requesting the extended trading hours for the purpose of raising funds
for the Butterfly Foundation (refer to Attachment No. 1).
Retail trading hours are governed by the Retail Trading Hours Act (1987) which prevents
retailers from trading on Sundays. Retailers are permitted to apply for one Sunday trading
permit per annum.
Given that Centro successfully applied for extended hours in June 2010, Centro has
requested that Council apply to the Department of Commerce for this special Sunday trade
day, on behalf of the retailers of Centro Galleria and the Morley City Centre, this area
covers retailers in the following locations of Bishop Street, Walter Road, Collier Road,
Dewar Street and Russell Street Morley (refer to Attachment No. 2).

Comment
The State Government has amended the Retail Trading Hours (Tourism Precincts and
Holiday Resorts) Regulations 2007 to include Subiaco, Mt Lawley, East Perth, North
Perth, South Perth and Victoria Park as part of the Perth tourism precinct. Shops within
the tourism precincts have Sunday trading from 11:00am to 5:00pm and extended
weeknight trading to 9:00pm. No businesses within the precinct are forced to open under
the new hours.

Council considered extended trading hours at the Morley City Centre, at the Ordinary
Council Meeting on 25 May 2010 it was resolved as follows:

   “That:
   1. The City consult with relevant businesses and business groups in regard to
      extended retail trading hours; and
   2. Following consultation with relevant businesses and business groups, a report be
      presented to Council for further consideration on its position on extended trading
      hours.”

Retail trading hours are generally set by the Department of Commerce and until such time
as the Morley City Centre is deemed a Tourism Precinct any additional requests to trade
outside of existing trading hours must be forwarded to Council for endorsement. Council
has previously supported similar annual one off requests from Centro Galleria for
charitable purposes.




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ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


Centro Galleria has requested that Council apply to the Department of Commerce for this
special Sunday trading day, on behalf of the retailers of Centro Galleria and the Morley
City Centre. The City has accommodated this request in previous years.

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.     Council support Centro Galleria’s request for additional trading hours for the
       Morley City Centre on Sunday, 3 October 2010.
2.     Council apply to the Department of Commerce for this special Sunday trade
       day, on behalf of the retailers of Centro Galleria.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


11.2.4      Section 26 Exemption – Application to Keep Three Dogs at a Premises
            Attachments: 1. Confidential – Application Form
                           2. Confidential - Ranger Report
            Officer:       A/Director of Administration and Community Services
Application
To seek Council approval for the keeping of more than two (2) dogs at 18 Wheatstone
Drive Morley in accordance with the provisions of the Dog Act 1976.

Background
On 11 May 2010, an application was submitted to the City of Bayswater under
Section 26 of the Dog Act (as amended) seeking approval to keep three (3) dogs at
18 Wheatstone Drive Morley (refer to Confidential Attachment No. 1).

After receiving the application, City of Bayswater Rangers conducted inquiries at the
property (refer to Confidential Attachment No. 2).

The property is a 699 square meter block with 1.8m standard colour bond fencing and a
security gate. All gates to the yard are self closing and in the opinion of the investigating
Officer the yard area is sufficient in size to hold and contain the three dogs. Dog
excrement is collected and disposed of in the bin. The yard is clean and there are no
smells or signs of excreta.

Currently there are two (2) Dalmations (5 months of age), both male and sterilised and a
thirteen year old Jack Russell cross Chihuahua - which is an indoor dog - residing at the
property. The Ranger has stated that the Jack Russell is a 13 year old dog and is an
indoor dog, the other two (Dalmatians) are outside/inside and stay in a kennel under the
patio area . Fourteen letters and survey forms were sent to properties immediately
adjoining the applicants, with one objection being returned from a neighbour.

The resident objecting to the application visited the applicants’ property. After being
satisfied of the size, location and demeanour of the animals withdrew the objection. No
other objections were received relating to the application.

Comment
The provisions of the Dog Act 1976 provide that a local government may limit the number
of dogs kept at a premises. The City of Bayswater has set a limit for the number of dogs
normally kept at a premises at (2) two dogs as set out in the City of Bayswater Local Laws
Relating to Dogs. This limitation does not apply if the premises is established as a kennel.

If a person wishes to keep more than two (2) dogs in the City of Bayswater but less than
six (6) dogs they may make application to the local government to seek an exemption from
having to apply for a Kennel Licence.

The occupier of 18 Wheatstone Drive Morley has made a written application to the City of
Bayswater to keep (3) three dogs at the premises.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


If the local government is satisfied in that the provisions of the Dog Act relating to
approved kennel establishments does not need to be applied at a premises, the local
government may grant an exemption to the requirement to obtain a Kennel Licence but the
exemption:

   a) May be made subject to conditions, including a condition that it applies only to the
      dogs specified therein;
   b) Shall not operate to authorise the keeping of more than (6) six dogs on those
      premises; and
   c) May be revoked or varied at any time.

Council may either approve the application subject to conditions, or reject the application.
If the Council grants an exemption, the Council may impose conditions on the exemption.

If an application is rejected or the applicant is aggrieved by the conditions imposed, the
applicant may apply to the State Administrative Tribunal for a review of the decision.
Conditions that could be imposed include:
     • The manner in which the dogs are kept to ensure the amenity of the premises, and
       health and welfare of the dogs is maintained.
     • Conditions relating to any effect on neighbouring residents relating to offences
       against the laws relating to dogs.
     • Any other conditions that Council deems necessary.

Conditions relating to securing the dogs to a premises are not required to be imposed as
they are provided for by the Dog Act 1976 and apply to all dogs in the City of Bayswater.

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.




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ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.    The City of Bayswater grants an exemption to the applicant that permits the
      keeping of the (3) three dogs as indentified in the application at the property
      subject to:
      a)     The dog owner maintains the premises in a clean and satisfactory
             condition free of vermin, parasites and animal excrement.
      b)     The dogs have access to a outside area of not less than 45 square
             meters.
      c)     No offences are recorded against the owner or any person in charge of
             the dogs kept at the premises.
2.    The applicant be advised that the decision to permit three dogs at the
      property can be revoked or varied at anytime.
                       CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.2.5     2010 Water Audit Report for the Bayswater Waves Aquatic Centre
           Officer:      A/Director of Administration and Community Services
Application
To advise Council of the results of the 2010 Water Audit Report for the Bayswater Waves
Aquatic Centre.

Background
The WA State Government’s requires that all businesses who consume over 20,000kL of
scheme water per year complete an annual water management assessment and submit a
water efficiency management plan. The aim of the Management Plan is a requirement to
focus on reducing water use.

In accordance with the requirement the City engaged HFM Asset Management to
undertake this audit. HFM Asset Management are a leading service provider in
operational performance and measurement tools to commercial property owners and
operators Australia wide. The objectives were to complete the following:
• Conduct a water review of the site.
• Review the water consumption patterns for the last three years including sub
    metering, subject to data availability.
• Develop a base frame work KPI for water consumed kL/m2/p.a.
• Establish a sub metering strategy if required.
• Report any recommendations.

As part of the water audit, the following was carried out:
• A site visit was carried out during the period April 2010 to review the relevant
    systems at the Aquatic Centre.
• Inspections comprised a visual review of the water supply systems, swimming pools
    and associated plant and the amenities at the property.
• Data logging device was attached to the mains water meter to the centre and logged
    the water consumption over a one week period.
• The data was then analysed by Diversity Sustainable Development Consultants. This
    report showed water consumption followed a pattern with high consumption in the
    peak times and lower consumption in the off peak times which can be related to
    attendance figures. The report also suggested there was an underlying leak which
    recommended further investigation.
• HFM Asset Management was requested to assist the centre to identify water loss
    within the centre and make recommendations on cost saving initiatives to further
    reduce water consumption.

The findings of the report recommend that the Council consider:
• Sub metres to be installed on both internal plant rooms, that being the Wave pool and
    25 metre Lap pool, the Olympic pool is currently sub metred. This will allow Officers
    to monitor water consumption and identify trends that may reflect the leak.
• Replace all shower heads with blended water flow units with time limit sensors to
    control shower times and temperatures;
• Replace high flow shower heads to 9 litre units;
• Introduction of flow restrictors to reduce water flow to 6 litres on hand basins;



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•      Installation of timed spring loaded push button tap ware in change rooms;
•      Retro fit existing urinals to waterless urinals;
•      Instigate a tracking and monitoring system to all sub metres.

Comment
The Aquatic facility has continued its commitment as the flagship within the aquatic
industry through best practice in water use management techniques. Officers have used the
Water Efficiency Management Plan (WEMP) to focus on new and innovative ways to
reduce the total water consumption at the Aquatic Centre.

Currently the City is undertaking a number of facility improvements to reduce water
usage, as per the recommendations, the status is as follows:

                 Recommendations               Completed              Comments
    Sub metres to be installed on both            No        The cost to install 2 sub metres
    internal plant rooms, that being the                    is anticipated to be around
    Wave pool and 25 metre Lap pool as the                  $12,000, currently reviewing
    Olympic pool is already sub metred;                     grant funding options.
    Replace all shower heads with blended         Yes       Works carried out June 2010
    water flow units with time limit sensors
    to     control    shower    times    and
    temperatures;
    Replace high flow shower heads to 9           No        To be completed as part of the
    litre units;                                            2011/2012 budget process.
    Introduction of flow restrictors to           No        To be completed as part of the
    reduce water flow to 6 litres on hand                   2011/2012 budget process.
    basins;
    Installation of timed spring loaded push      No        To be completed as part of the
    button tap ware in change rooms.                        2011/2012 budget process.
    Retro fit existing urinals to waterless       Yes       Work was carried out in the
    urinals.                                                2009/2010 financial year
    Instigate a tracking and monitoring         Ongoing     Staff to commence a tracking
    system to all sub metres.                               and monitoring program
    Thermo shield pool blankets to reduce       Ongoing     To be completed as part of the
    water evaporation                                       2011/2012 budget process.
    Water Wise signage on public notice         Ongoing     Education     program      has
    boards and throughout the change                        commenced within the Centre
    rooms to educate and promote best                       for both patrons and staff
    practice of water usage to customers                    members.
    within the centre
    Use of recycled water from the main         Ongoing     Currently        working        on
    water bodies to wash down aquatic                       alternative options to capture the
    decks                                                   overflow of water from the pool
                                                            areas.

In addition to the Water Efficiency Management Plan, Bayswater Waves has also been
involved in a research project conducted by the Water Corporation and the Leisure
Institute of Western Australia (LIWA) Aquatics. The project was to identify industry
trends in water consumption in aquatic facilities across several local government operated
facilities.

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The Aquatic Facility has been able to reduce its total water consumption from ranges of
5% - 10% over the past five years with the exception of 07/08 due to the emptying and
refilling of the Outdoor Olympic and Dive pool due to renovations and refurbishments. It
is recommended that the two indoor plant rooms be sub metred, this will allow Officers to
monitor and record water trends that will assist in identifying water loss. The table below
represents the water consumption for the past five years.

                                                       Water Consumption (kL)


                                   60000

                                   50000

                                   40000
                 kilolitres (kL)




                                   30000

                                   20000

                                   10000

                                      0
                                           2005/06   2006/07     2007/08   2008/2009    2009/2010

         Water Consumption (kL)            38832      35655       53987         34279    33383
                                                     (July/June) Water Consum ption




The decrease each year in the figures show that the centre has been able to continuously
achieve best practice in its procedures through reviewing and updating procedures and
regular ongoing staff focus sessions to ensure best practice in the centres water use and
once the sub metering has been installed on the two indoor plant rooms Officers will then
focus on monitoring water usage to determine any leaks.

From the recent water audit the recommendations to install blended water flow units with
time limit sensors to control shower times and temperatures has been completed in the
indoor aquatic and gym change room facilities, feedback from patrons has been positive.
The new system will assist the centre operations to continue with its commitment to
further reduce total water consumption.

It should be noted that whilst Officers have focussed on reducing water usage at the
Aquatic Centre, other utilities such as power will also undergo analysis to determine what
is currently available and that is recommended from industry that assists to reduce
consumption or alternate sources for energy.

Policy Implications
Nil.

Financial Implications
The cost to carry out the water audit $3,850.00 + Gst

Voting Requirements
Simple Majority Required.


                                                 Page 126
ORDINARY COUNCIL MEETING MINUTES                                  24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.    The City endorse the 2010 HFM Asset Management Water Audit report for
      the Bayswater Waves Aquatic Centre.
2.    The City undertake further research in alternative sources that will reduce
      energy consumption at the Bayswater Waves Aquatic Centre.
                      CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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11.2.6      Naming of the Maylands Multipurpose Centre
            Officer:       Chief Executive Officer
Application
For Council to consider naming of the new Maylands Multipurpose Centre - including the
Centre’s various activity/function areas.

Background
The Maylands Multipurpose Centre, which is located at the corner of Eighth Avenue and
Guildford Road, is currently under construction with an anticipated completion date of
April 2011.

The two-storey Centre comprises:
• A ground floor with the relocated Maylands Library, a new multi-function sports hall,
    community hall, infant health clinic, community meeting room, one-stop-information
    shop, cafe and a children’s area.
• An upper floor with a function room, gymnasium, community office and youth
    facility.

The Maylands Multipurpose Centre is located on a site that included the former Alma
Venville Recreation Centre and Maylands Library.

Comment
Given its civic significance and that the construction of the Maylands Multipurpose Centre
represents a major investment of around $22 million by the City in the future of Maylands,
it is appropriate for Council to consider a suitable name for the facility, as well as for the
various activity areas/function rooms provided. This is consistent with Council’s previous
practice and the approach taken by operators of other multi-function buildings – both
private and public - throughout the State.

In addition to reinforcing the Centre’s status as a significant community facility, a well-
chosen naming system can aid users in navigating larger facilities, and it also helps to
distinguish internal areas and services provided.

It is open for Council to consider a number of options for naming the Maylands
Multipurpose Centre. These might include, for example:

•   Choosing names of highly regarded people who have contributed to the development
    of the City (or provided outstanding service to the community). As an example, the
    former Alma Venville Recreation Centre, which was located on the Maylands
    Multipurpose Centre site, was named after a past Mayor of the City of Stirling who
    has a long association with the Maylands area.
•   Choosing a theme, (such as the names of suburbs; geographical features; Australian
    fauna and flora or capital cities).




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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


Options
Council can reserve the sole right to nominate and choose the name to be used for the
Maylands Multipurpose Centre, as well as the names for the Centre’s various
activity/function areas.

Alternatively, Council may wish to consider involving the community in naming the new
facility. This approach has some merit as it will:

•    Promote a sense of community ownership of the Centre;
•    Raise awareness of the services to be provided by the Maylands Multipurpose Centre;
     and
•    Build a sense of anticipation and excitement in the run-up to the official opening in
     2011.

Involving the community can be achieved by running a community-based competition to
name the Centre and its activity/function areas aimed at the general community, (including
local schools and community groups).

Financial Implications
A community competition to name the Maylands Multipurpose Centre could be run using
the Bayswater Brief newsletter, monthly advertorials run in the Eastern Reporter and the
Mayor’s Column. This has the benefit of minimising any additional cost to Council.

Voting Requirements
Simple Majority required

Officer’s Recommendation
That Council:
1.      Approve naming the Maylands Multipurpose Centre and its activity/function areas
        by means of a community competition, which will be used to select the naming
        convention for the facility, as well as to select the names for the Centre itself and
        its various activity/function areas.
2.      Promote the competition to the community through the Bayswater Brief Newsletter
        and monthly advertorials
3.      Invite the competition winner(s) to attend and participate in the civic opening of
        the Maylands Multipurpose Centre.
4.      Set up a panel to include the Mayor, Deputy Mayor and two councillors, as well as
        the Chief Executive Officer to select the winning entry
5.      Nominate the following two councillors to serve on the competition panel:
        Cr______________________                     Cr____________________




                                         Page 129
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010


At the Planning and Development Services & Administration and Community Services
Committee meeting:

Committee Comment
The Committee considered the Officers recommendation and were of the opinion that with
regard to the naming of the building:
1.     Council should name its building and the rooms within.
2.     Consideration of names be discussed at the next Council workshop scheduled for
       14 September 2010.
3.     The name, Alma Venville, be incorporated into the naming the sporting facility.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)

CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council determine an appropriate name for the Maylands Multipurpose Centre and
the various activities and function rooms within the centre:
1.    Following consideration of names that will be discussed at the next Council
      workshop scheduled for 14 September 2010.
2.    Incorporating the name, Alma Venville, into the naming the sporting facility.

                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 130
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


11.2.7       Outcare “Keeping Kids Out Of Crime” (KKOOC) Program Status
             Report
             Attachments: 1. Correspondence: Outcare
             Officer:       A/Director of Administration and Community Services
Application
1.       To advise Council of the suspension of the Keeping Kids Out Of Crime program,
         delivered by Outcare.
2.       For Council to consider and endorse an alternative program for Outcare to deliver
         from the unspent funds of $12,440.

Background
Outcare is Western Australia’s leading non government agency dedicated to crime
prevention and focuses on the care and rehabilitation of offenders and their families.
Established in 1963, Outcare provides a number of services including:
• Youth services for people existing the justice system
• Support to ex-offenders
• Employment and training opportunities
• Accommodation

Specifically, the Keeping Kids Out Of Crime (KKOOC) program is an education program
structured for young people between the ages of 11 to 17 years of age. School
presentations focus on bullying, racism, responsibilities and respect, with the objective to
link anti-social behaviours such as graffiti, vandalism and bullying to subsequent
consequences and punishments from engaging in these behaviours.

Council has supported the KKOOC project since 2006. The funding has increased from
$10,000 to $15,000 for the 2009/2010 financial year. Over the years the KKOOC project
has a strong presence in the Bayswater Community, presenting to thousands of young
people, some of the schools that KKOOC have worked with over the years have included:
• Weld Square Primary
• Bayswater Primary
• Embleton Primary
• Camboon Primary
• Maylands Primary
• Hillcrest Primary
• John Forrest Senior High
• Morley Senior High

The following are project outcomes for the KKOOC program:
• Decrease in truancy levels for class/group
• Decrease in class and school yard bullying
• Increase in student behaviour in respect towards teachers and school.
• Increased awareness and understanding of unacceptable community behaviours i.e.
    bullying, racism, physical and mental abuse, vandalism and graffiti




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The City has recently received correspondence from the Outcare, Manager of Youth
Services Sam Mesiti, advising that the presenter is no longer available to deliver the youth
program Keeping Kids Out Of Crime due to a serious illness and this unique type of
program has since been suspended.

At the ordinary council meeting held on 14 April 2009, Council approved $15,000 be
allocated to Outcare to deliver the “Keeping Kids Out Of Crime” (KKOOC) unique
program.

To date, Outcare has only expended $2,560 from the allocated $15,000 for the KKOOC
program and requests Council’s guidance as to whether the remaining funds are to be
spent on a new program or alternatively return the unspent monies to the City.

Comment
The following program options have been presented by the Manager, Outcare for
Council’s consideration:

              Option                    Proposed Program                  Outcomes
 Option 1.                          • A 31 week program which       • Students benefit
                                      focuses on building skills      from regular
 Weld Square Primary School –         in self-esteem, empathy         ongoing program
 Mentoring project                    and respect.                    and development of
                                    • The activity used in this       trusting, respectful
 Anticipated cost $12,000             program is tree planting        relationships.

 Option 2.                          • Renovate the rear room at       Provides the youth
                                      Maylands Autumn centre          the opportunity to
 Maylands Autumn Centre               including the main wall         learn new skills
 Renovation of rear room.             and flooring.                   through hands on
                                    • Regional Training               training
 Accurate costing to be               Services (RTS) would          • Maylands Autumn
 calculated upon closer               provide the expertise           Centre receives a
 inspection. Estimation is around     (tradesman) and young           renovated room to
 $12,000                              people from the area will       for member usage.
                                      learn skills whilst
                                      renovating the room.
 Option 3.                          • Eight participants from the   • Opportunity for
                                      Bayswater area participate      young people to
 Certificate in Hospitality           in a hospitality                gain a certificate
 Management                           management course at the        and learn new skills
 (Kitchen Operation)                  Royal Shalimar                  that will enhance
                                      Restaurant.                     their opportunity in
 8 week program for 8                                                 gaining ongoing
 participants costing $12,000                                         employment
                                                                    • Opportunity to
                                                                      involve local
                                                                      business




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ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


Officers have reviewed the above options and would recommend that all of the options
have merit and would benefit local youth within our community. Should Council decide to
support Outcare’s request to commence alternate programs, Officers would recommend
that Option 1 at Weld Square Primary School be endorsed for the unspent funds received
in the 2009/2010 financial year. The program at Weld Square Primary School provides an
opportunity for the students in years 1, 4 and 5 to be involved in a mentoring program
which centres on the themes of:

•   Self esteem
•   Empathy for others
•   Respect for self and others
•   Communication and
•   Sticking to a task until completion.
•   Bullying (including cyber bullying)

Throughout the program, the groups will also take care of their local environment
(specifically maintaining the dieback resistant Jarrah plantation area) by water mulching
and weeding the area. These students would benefit from the ongoing program, by
developing trusting respectful relationships with program presenters and fellow students.
This program would be delivered for 31 weeks at a cost of $12,000. Until recently, this
was being facilitated as part of the Keeping Kids Out of Crime program and could be
delivered as a stand alone activity.

The Maylands Autumn Centre project (option 2) was originally a concept introduced and
supported by a local business and included the renovation of the rear room at the
Maylands Autumn Centre. It was proposed that the room become a casual eating area in a
‘café’ style, creating a space for seniors to interact whist enjoying a meal. The youth
involved would be sourced through Outcare and would directly be involved in the
renovation of the room whilst learning skills such as panelling and flooring. The local
business has since advised that they can no longer support the project due to changes in
their management, which was a big disappointment for Outcare, the youth involved and
the Maylands Autumn Centre. Outcare are keen to pursue this project with the assistance
from the Regional Training Service (RTS) and the financial support of the Council.

Accurate costing would be forwarded to Council once an inspection is carried out by
Regional Training Services (RTS) to identify the work and materials required to complete
the task (this would be no more than the $12,4400 remaining). Labour costs would be
minimal due to local youth participating in the project along with RTS and Skill Hire. The
renovations would include restoration of the exterior walls, flooring and decoration
internally to match the existing building.

Whilst the three options forwarded by Outcare have merit and fall within the guidelines of
KKOOC objectives. It is considered that Option 1 is the most directly aligned program to
that of the initial intent of the funding.

Officers would like to acknowledge Outcare in the delivery of such a unique program to
school students over the past 4 years and would encourage Council to consider the other
proposals that engage youth and allow personal development through partnership in
community projects.



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Policy Implications
Nil.

Financial Implications
Should the Council not consider an alternative program, Outcare would be required to
return the balance of unspent funds of $12,440 from the 2009/2010 financial year.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.     The information on Outcare (KKOOC) Program Status Report be received.
2.     Option One (1) that being the Weld Square Primary School Mentoring
       Project be endorsed as the replacement program for the unspent funds of
       $12,440.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                     Page 134
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11.2.8     Police and Community Youth Centres (PCYC) Kensington Annual
           Report (Youth Service – Zone Out)
           Attachments: 1. Zone Out Quarterly Reports from April 2009 to
                          March 2010
                          2 Correspondence – Zone Out Redecoration
           Officer:       A/Director of Administration and Community Services
Application
1. To present the Police and Community Youth Centres (PCYC) Kensington annual
   management reports for the period April 2009 – March 2010.
2. For Council to consider the PCYC (Kensington) request to redecorate the Zone Out
   area.

Background
The PCYC Kensington Annual Report (attached) is a quarterly report that details
information regarding the management of the Youth Service –Zone Out program provides
to the youth of our community.

At its Ordinary meeting held on 28 August 2007, Council resolved in part to accept the
tender from the Federation of West Australian Police and Community Youth Centres
(PCYC) for the provision of youth services at the Les Hansman Community Centre,
Morley for a period of 3 years, commencing from 23 October 2007 to 23 October 2010 for
a management fee of $120,000 per annum.

The centre is open to young people aged 12 to 18 years old on Tuesday, Thursday and
Friday afternoons from 3:30pm to 8:30pm. There is no cost to the participants and PCYC
staff members provide a safe environment for young people to participate in structured and
unstructured activities.

The City’s Form of Agreement stated that the PCYC should deliver the following:

1. Develop and deliver programs from the following main areas:
    • Arts – music, art, dance and craft
    • Health and well being – drug and alcohol education, well-being and counselling
    • Employment and training – Employment and vocational advice and resumes
    • Recreation – sporting activities

The programmes are inclusive and encouraged participation regardless of race, gender,
ethnicity or disability. The PCYC (Kensington) programs include:
        • FUTSOL Soccer
        • Basketball
        • 3 on 3 Basketball games
        • Hush Dance group
        • Cooking sessions
        • Authentic cuisine cooking sessions
        • Indigenous girls jobseeker programmes
        • Aboriginal alcohol and drug services



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ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


Other supervised activities include:
       • Pool competitions
       • Table tennis competitions
       • Supervised access to the internet
       • Access to the television, couches and magazines

The key performance indicators (KPI’s) required for PCYC (Kensington) to deliver on
include:
    1. Program reporting
          a. Quarterly report including participant statistics
          b. Annual comprehensive review which demonstrates outcomes of KPI’s.
    2. Seeking external funding
    3. Events
    4. Promotions
    5. Consultation and planning with the City
    6. Relationships with the local business community.

PCYC Kensington delivered the programs, however there is limited evidence that they met
all the key performance indicators due to incomplete reporting requirements.

Monthly participation levels from April 2009 to March 2010 are as follows, however it
should be noted that there has been a significant decline in attendance over the first quarter
of 2010.

 Month                          Participants
 April 2009                              160
 May 2009                                160
 June 2009                               160
 July 2009                                80
 August 2009                              95
 September 2009                          110
 October 2009                             83
 November 2009                           106
 December 2009                            95
 January 2010                             48
 February 2010                            56
 March 2010                               34

Art Mural Request
In March 2010, the City received a letter from the PCYC (refer to Attachment No. 2)
seeking permission to redesign the urban art at Zone Out by the participants who can
create a new design and provide another art project at the centre. The design and
implementation of the art project at Zone-out will be undertaken by youth attending at
Zone Out, indigenous advisory elders and Kensington PCYC artist in residence.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


The project will enable young people to work together with youth workers promoting peer
coaching, sharing and team work. It would provide an opportunity for the young people to
acknowledge and appreciate the diversity of the different cultures of youth that attend the
centre. This project will not incur any costs to Council, however the new project may
assist an increase in attendance.

Comment
There are two aspects for Council consideration the Management Report and the Art
Mural Request:

1.     Management Reports
Attendance figures have reduced significantly for the Zone Out youth service and the
reasons for this decrease may include the following:
    • March break-in at the centre which caused closure of the centre for three weeks
    • Participants lack of knowledge of the program/marketing
    • Summer school holidays
    • Inaccurate and incomplete reporting

The programs currently being delivered cater for the varied participants as well at the four
(4) main program areas in the contract:
    • The Arts
    • Health and Welfare
    • Employment and Training
    • Recreation

2.      Art Mural Request
The request for redecoration would create a new, personal feel in the Zone Out space. The
participants will design and create the art which gives them a chance to learn a new skill
and give back to their youth space. Cost to Council will be nil as PCYC will cover costs to
repaint the existing boards fixed to the interior walls of the office and lounge areas. The
new project is expected to increase participant numbers and Officers will monitor the
program for its duration.

Policy Implications
Nil.

Financial Implications
Annual management fee of $120,000 (third and final year of contract ceasing
23 October 2010.

Voting Requirements
Simple Majority Required.




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ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



Officer's Recommendation
That:
1.      The information on the Police and Community Youth Centres (PCYC) Kensington
        Annual Report (Youth Service – Zone Out) be received
2.      The Committee considers and endorses the request from PCYC Kensington to
        redecorate the art mural in the Zone Out area.
At the Planning and Development Services & Administration and Community Services
Committee meeting:

Committee Comment
The Committee considered the officer’s recommendation and chose to accept the first
recommendation, however the Committee believed that further discussion is required and
referred the item to a Councillor workshop. Point two was amended as follows:

2.      The youth programmes to be delivered to the next Councillor Workshop scheduled
        for September 2010 to enable discussion and strategic direction, expectation and
        outcomes on youth programmes at the Les Hansman Centre and the Maylands
        Multi Purpose Centre.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.      The information on the Police and Community Youth Centres (PCYC)
        Kensington Annual Report (Youth Service – Zone Out) be received.
2.      The youth programmes to be delivered to the next Councillor Workshop
        scheduled for September 2010 to enable discussion and strategic direction,
        expectation and outcomes on youth programmes at the Les Hansman Centre
        and the Maylands Multi Purpose Centre.

                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 138
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


11.2.9       Public Library Sector Reform Process – Progress Update
             Attachments: 1. Framework Agreement – Provision of Library
                             Services in WA
                             2. Report - Proposed Allocation Model for State
                             Government Funding of Public Libraries
             Officer:        A/Director Administration and Community Services
             Refer:          Item 11.2.6 OCM 23.02.2010
Application
That Council consider a report detailing:

1. The progress of the reforms taking place in the relationship between the State
   Government and the local government sector in the provision of library services.
2. The funding outcome for public libraries from the 2010/2011 State budget.

Background
The processes driving the restructuring of the relationship between the State and the local
government sector for the resourcing of public libraries began in 2007 with the release of a
consultant’s report - the Lunn Report. The report’s recommendations were well received
by the sector and subsequently prioritised for implementation by stakeholder
representatives.

This report provides an update of the progress of the restructuring process and the funding
outcome for public library resourcing from the State Government’s 2010/2011 budget.

The relationship between the State Government and the local government sector for the
provision of public libraries is currently focused on:

1.       The formulation and endorsement of three (3) agreements that will both define the
         relationship over the next four (4) years and progress the implementation of the
         prioritised recommendations of the Lunn Report.

2.       The amount of funding provided for public libraries by the State and the way that
         funding will be distributed.

The Agreements
The relationship between the State Government and the local government sector for the
provision of public library services will be governed by three (3) agreements. These
agreements and there current status are detailed in the table below.




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ORDINARY COUNCIL MEETING MINUTES                                                          24 AUGUST 2010



    Agreement                   Description                  Agreement Status           Implication for the
                                                                                        City of Bayswater
Framework         A high level strategic                The agreement was signed on The content of the
Agreement         agreement that has as its main        June 10, 2010 by the Minister agreement addresses
between the State outcomes:                             for the Arts and Culture, the broadly the state wide
and the local     1. The creation of governance         Chairman of the Library       relationship.
government sector    structures that will oversee       Board, the CEO of the State
                                                                                      Any implications will
for the provision of the relationship.                  Library Service and the CEO
                                                                                      arise out of the
public library    2. The formulation of                 and President of WALGA.
                                                                                      agreements detailed
services.            strategies that will progress                                    below.
                     the structural reform              The agreement will be in
(refer to            process.                           place until June 2014.
Attachment No 1). 3. To act as a template for the
                     creation of a state wide
                     partnership funding
                     agreements and individual
                     LGAs service agreements.
Partnership       Intended to be a broadly              A draft of this document was The draft distributed in
Funding           focused agreement that will           distributed to all LGAs in     2009:
Agreement.        quantify funding outcomes             September 2009 for comment. • Stated the quantum
                  and give direction to that part                                        of funding
                                                        In coming months a final draft
                  of the restructuring process                                           allocations as it was
                                                        will be submitted to the
                  that relates to the funding of                                         in 2009/2010.
                                                        Library Board and WALGA
                  public libraries.
                                                        for endorsement.               • Made reference to
                                                                                         the need to create
                                                        Officers have a watching         mechanisms that will
                                                        brief on the progress of this    determine how funds
                                                        agreement.                       are distributed.
                                                                                       • Did not include how
                                                                                         these mechanisms
                                                                                         would be structured.
Library Board          These agreements will define     A draft template was           This agreement will
individual LGA         the roles and responsibilities   distributed to all LGAs for    have the most impact
Agreements             of the Library Board and         comment in September 2009. on the City’s Libraries.
                       individual LGAs.
                                                        Officers have not been able to
                                                                                          The 2009 draft
                                                        ascertain the current status of
                                                                                          agreement articulated
                                                        this agreement. A draft has
                                                                                          arrangements and
                                                        been approved by the
                                                                                          processes already in
                                                        Department of the Attorney
                                                                                          place. Reference was
                                                        General but it is unclear when
                                                                                          also made to the
                                                        a final draft will be submitted
                                                                                          requirement to commit
                                                        for endorsement.
                                                                                          to service standards and
                                                                                          other quality control
                                                        Officers have a watching
                                                                                          measures.
                                                        brief on the progress of this
                                                        agreement.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Funding
Although the state wide funding agreement is yet to be ratified by the partners, a number
of changes have already taken place in those parts of the relationship that pertain to
funding. Of immediate importance is the State Government’s decision to increase overall
funding and the ratification by the partners of a funding distribution model.

2010/2011 State Budget Outcome. Funding allocations by the government for the
procurement of library materials was effectively reduced by 40% in the 2009/2010 budget.
A lobbying campaign by WALGA, the library profession, individual LGAs and the
community prompted the government to increase the allocation for 2010/2011 from $6.5m
to $9.3m.

When announcing the funding outcome, the Minister for Culture and the Arts stated that
funding was to be indexed according to CPI. This statement proved to be incorrect. The
funding is instead to be indexed to state population growth. This means that the lobbying
efforts to have funding allocation changed from capital to recurrent have not been
accepted by Treasury. Recurrent status would have resulted in funding being indexed to
CPI.

A pre-budget business case submitted by WALGA and the State Library Service also
requested that funding levels for 2010/11 be $11m and that an additional $6m over three
(3) years be allocated to an innovation grant pool. Neither submission was accepted by
Treasury.

Although the outcome of this year’s budget was an improvement on 2009/2010, the
funding quantum is still below the amount deemed necessary to enable the objectives of
the restructuring process to be fully met. The retaining of funding as capital will make the
funding allocation much more susceptible to erosion by inflation based price increases.

Funding Allocation Model. A new model for the distribution of State funds for public
library is in the process of being ratified by WALGA State Council and the Library Board
of WA – (refer to Attachment No. 2). Although expressed in dollar terms, the old
distribution mechanisms were based upon arrangements that were not always transparent
or needs based.

The proposed model relies more heavily on the size of individual LGA populations to
determine funding allocations. To ensure that libraries are not disadvantaged by
remoteness and/or higher demand due their proximity to regional centres, additional
factors have been included. The most important of these factors are detailed below.
• LGAs servicing regional centres (rural and metropolitan) will have their population
    factor increased by 5, 10, or 15 percent.
• Several disadvantage factors have been included in the model to compensate small
    remote LGAs. These include:
   •    A location factor that will be used to compensate small remote LGAs for the
        increased costs involved in providing loan services.
   •    A minimum allocation of 20% of the total annual fund allocation for procurements.




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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


The new funding model is more needs based and transparent than the old model.
Calculations made by officers indicate that the new model will produce a better outcome
for small remote rural libraries and those serving regional centres. This will result in a
small negative impact on the proportion allocated to non-regional metropolitan LGAs. In
terms of equity and fairness officers believe that this is an acceptable outcome.

Implications for the City of Bayswater. The additional funds allocated in the State
budget will increase the amount allocated for the procurement of library materials supplied
to the City. In addition, due to Morley being defined as a level three (3) regional centre,
the population factor used to calculate the City’ allocation will increase the City’s
proportion of the total allocation by 5%. This factor will increase the City’s share of the
funding allocated to purchase stock in the 2010/11 financial year by approximately
$8,000. However, unless the funding allocation is indexed to inflation, the real value of
the allocation will erode over time.
Comment
To-date officers are comfortable with the outcomes of the reform process. Some concern
exists regarding what may be included in the final drafts of the funding and individual
LGA service agreements. Officers are keeping a close watch on the progress of the two
unratified agreements and will submit a progress report to Council in the coming months.
In the short term, the funding changes will generally benefit the City but more work is
required. State Library officers have informed public library managers that a business
case will again be submitted to Treasury in an effort to improve the quantum and nature of
the funding allocation.

Policy Implications
Nil.

Financial Implications
The funding allocations to individual LGAs referred to in this report are held by the State
Library Service. Resources are selected by LGA officers but procurement processes
including payments to suppliers are controlled by the State Library Service.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
report on the progress of the public libraries reform process and the funding
outcome of the State Government’s 2010/2011 budget for public library resources be
received.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 142
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.2.10    2010 City of Bayswater Garden Awards & the 2010 Christmas Lights
           Competition
           Officer:        A/Director of Administration and Community Services
Application
1.     To seek Council’s endorsement for arrangements for the 2010 City of Bayswater
       Garden Awards.
2.     Council to consider a new Christmas Lights competition category and endorse the
       arrangements for the 2010 Christmas Lights Competition.

Background
This year will be Council’s 29th Garden Awards to promote community participation and
engender pride in living within the City of Bayswater.

Gardens created by residents on their own property contribute immensely to the Garden
City image of the City of Bayswater and enhance Council’s efforts to create beautiful
reserves and passive recreation areas for the benefit of the City’s residents and those
passing through.

The Christmas Lights competition, although a separate competition in its own right, is
celebrated at the end of the year, with the awards presented to the winners at a combined
Garden Awards and Christmas Lights Competition Presentation Evening.

Comment
Garden Awards
At its Ordinary meeting of Council held on 10 November 2009, Council endorsed a new
category to the Garden Awards (Best City of Bayswater Independent Living Unit for Aged
Persons Garden). This category was received well within the independent living units
who participated. It is suggested that this category continue for the 2010 competition.

As in previous years the advertisements will invite interested persons who reside in the
City of Bayswater to nominate in the following categories:

        2010 Garden Awards Competition Category                           Prize
 Best Kept Street or Part Street                                    Specialised Street
                                                                          Sign
 Best Residential Garden:
 1st Prize                                                                $500
 2nd Prize                                                                $300
 3rd Prize                                                                $150
 Special Recognition                                                      $150
 Best Waterwise Garden                                                    $300
 Best Unit Development/Flat Complex                               Plaque of recognition
 Best Landscaped Commercial/Industrial Complex
 1st Prize                                                                $300
 2nd Prize                                                                $150
 3rd Prize                                                                $100



                                       Page 143
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010



 Best City of Bayswater Independent Living Unit for Aged
 Persons Garden (includes the City’s four Independent Living
 Units and all of the City’s residential aged care facilities).
 1st Prize                                                              $250
  nd
 2 Prize                                                                $150
 3rd Prize                                                              $100
 Best City of Bayswater Independent Living Unit for Aged
 Persons Facility Garden.
 Best overall facility                                          Plaque of Recognition

All categories are based on the following criteria:
       • General impact, concept, layout and design
       • Features, plant variety and selection
       • General health and maintenance of the garden(s)
       • Originality

Advertisements will be placed in the local media (Tuesday and Saturday) for six (6) weeks
from September 2010 through to mid October 2010. The advertisement contains the
conditions of the competition and the entry form. This information will also be available
from the Max Tulley Office, Libraries, Civic Centre and the City’s website.

Applications close on Friday, 22 October 2010 and judging will take place on Wednesday,
10 November 2010. The starting time of the judging day will be determined on the
number of entries received.

Nominations are sought to appoint a Judging Panel for both the Garden Awards and the
Christmas Lights competition.        It is suggested that Council nominate two (2)
representatives to be on the judging panel, which will comprise of the following:

   •   Two (2) Councillors
   •   Director of Administration and Community Services
   •   Manager Parks Operations

The winning entrants will be determined by the Judging Panel and Councillors will be
advised of the outcome prior to the Awards Presentation Evening.

In previous years, the Garden Awards function and the Christmas Lights Competition
function had been combined and held in late December. It is proposed that the 2010
combined event be conducted in the Embleton Room on Wednesday, 15 December 2010
commencing at 7:00pm.

Christmas Lights Competition
Advertisements will invite interested persons who reside in the City of Bayswater to enter
the competition with the following prizes being awarded to the winners:

 Residential Christmas Lights Competition           Prize
 1st Prize                                          $300
 2nd Prize                                          $200
 3rd Prize                                          $100

                                        Page 144
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010


Council may wish to extend the Christmas Lights Competition to encourage local business
participation, and introduce a new category for 2010:

 Proposed Commercial        Christmas    Lights Prize
 Competition
 1st Prize                                        $300
 2nd Prize                                        $200
 3rd Prize                                        $100

Advertising
Advertising in local newspapers would be conducted over a six week period during
October and November 2010. This information will also be available from the Max
Tulley Office, Libraries, Civic Centre and the City’s website. This year, advertising
material will also be provided to guests attending Great Garden Workshops, to further
emphasize the competition with particular focus on the Best Water Wise Garden category,
which in recent years has had limited participation from the City’s residents.

The competition is proposed to close on Friday, 19 November 2010 and the entrant’s
displays judged on Thursday, 2 December 2010 at a time to be confirmed.

At its Ordinary Meeting of Council held on 18 August 2009, Council decided to combine
the Garden Awards function with the Christmas Lights function. It is proposed that the
2010 combined event be conducted in the Embleton Room on Wednesday, 15 December
2010 commencing at 7:00pm. The proposed date has been scheduled just prior to
Christmas to enhance the Christmas atmosphere and has also been scheduled around other
Council events at that time of year.

Policy Implications
Policy No. AD-P07 Garden Awards.

Financial Implications
$15,400 from account number 208317-4406-0000 has been allocated for the payment of
advertising, prizes and function for the Garden Awards. The associated costs for the
Christmas Lights Competition will also be drawn from this account.

Voting Requirements
Simple Majority Required.




                                      Page 145
ORDINARY COUNCIL MEETING MINUTES                                  24 AUGUST 2010



Officer's Recommendation
That:
1.    Council endorse the arrangements and prizes for the 2010 City of Bayswater
      Garden Awards:
             2010 Garden Awards Competition Category               Prize
       Best Kept Street or Part Street                       Specialised Street
                                                                   Sign
       Best Residential Garden:
       1st Prize                                                  $500
        nd
       2 Prize                                                    $300
       3rd Prize                                                  $150
       Special Recognition                                        $150
       Best Waterwise Garden                                      $300
       Best Unit Development/Flat Complex                 Plaque of recognition
       Best Landscaped Commercial/Industrial Complex
       1st Prize                                                  $300
       2nd Prize                                                  $150
        rd
       3 Prize                                                    $100
       Best City of Bayswater Independent Living Unit for
       Aged Persons Garden (includes the City’s four
       Independent Living Units and all of the City’s
       residential aged care facilities).
       1st Prize                                                  $250
        nd
       2 Prize                                                    $150
       3rd Prize                                                  $100
       Best City of Bayswater Independent Living Unit for
       Aged Persons Facility Garden.
       Best overall facility                              Plaque of Recognition

2.    Council approve a new Commercial Christmas Lights category and the
      arrangements and prizes for the 2010 City of Bayswater Christmas Lights
      Competition:
       Residential Christmas Lights Competition                    Prize
       1st Prize                                                   $300
       2nd Prize                                                   $200
       3rd Prize                                                   $100
       Proposed Commercial Christmas Lights Competition            Prize
       1st Prize                                                   $300
       2nd Prize                                                   $200
       3rd Prize                                                   $100

3.    The judging of the Garden Awards to be held on Wednesday, 10 November 2010
      or as determined by the Mayor.
4.    The judging of the Christmas Lights Competition to be held on Wednesday,
      1 December 2010 or as determined by the Mayor.


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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


5.     The Garden Awards and Christmas Light Competition prizes to be presented to the
       winners of both competitions at a function to be held in the Embleton Room on
       Wednesday, 15 December 2010 commencing at 7:00pm or as determined by the
       Mayor.
5.     Councillor ____________ and Councillor ____________ be nominated to
       represent Council as members of the Judging Panel for the 2010 Garden Awards
       competition.
6.     Councillor ___________ and Councillor _____________ be nominated to
       represent Council as members of the Judging Panel for the 2010 Christmas Lights
       competition.

At the Planning and Development Services & Administration and Community Services
Committee meeting:

Committee Discussion
The Committee discussed the Officers recommendation and amended point 1 to remove
one category from the competition (Best City of Bayswater Independent Living Unit for
Aged Persons Facility Garden - Best overall facility) as the Committee believed that it was
inappropriate to acknowledge and reward facilities that are maintained by the City.

Point’s 6 and 7 were updated to record the Councillors that were nominated to participate
in the 2010 Garden Awards and Christmas Lights Competition.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:

1.     Council endorse the arrangements and prizes for the 2010 City of Bayswater
       Garden Awards:
            2010 Garden Awards Competition Category                        Prize
        Best Kept Street or Part Street                              Specialised Street
                                                                           Sign
        Best Residential Garden:
        1st Prize                                                          $500
        2nd Prize                                                          $300
        3rd Prize                                                          $150
        Special Recognition                                                $150
        Best Waterwise Garden                                              $300
        Best Unit Development/Flat Complex                         Plaque of recognition
        Best Landscaped Commercial/Industrial Complex
        1st Prize                                                           $300
        2nd Prize                                                           $150
        3rd Prize                                                           $100




                                        Page 147
ORDINARY COUNCIL MEETING MINUTES                                  24 AUGUST 2010



     Best City of Bayswater Independent Living Unit for
     Aged Persons Garden (includes the City’s four
     Independent Living Units and all of the City’s
     residential aged care facilities).
     1st Prize                                                     $250
     2nd Prize                                                     $150
     3rd Prize                                                     $100

2.   Council approve a new Commercial Christmas Lights category and the
     arrangements and prizes for the 2010 City of Bayswater Christmas Lights
     Competition:
     Residential Christmas Lights Competition                      Prize
     1st Prize                                                     $300
     2nd Prize                                                     $200
     3rd Prize                                                     $100
     Proposed      Commercial      Christmas       Lights          Prize
     Competition
     1st Prize                                                     $300
     2nd Prize                                                     $200
     3rd Prize                                                     $100

3.   The judging of the Garden Awards to be held on Wednesday, 10 November
     2010 or as determined by the Mayor.
4.   The judging of the Christmas Lights Competition to be held on Wednesday,
     1 December 2010 or as determined by the Mayor.
5.   The Garden Awards and Christmas Light Competition prizes to be presented
     to the winners of both competitions at a function to be held in the Embleton
     Room on Wednesday, 15 December 2010 commencing at 7:00pm or as
     determined by the Mayor.
6.   CR GRAHAM PITTAWAY and CR SYLVAN ALBERT be nominated to
     represent Council as members of the Judging Panel for the 2010 Garden
     Awards competition.
7.   CR SONIA TURKINGTON and CR ALAN RADFORD be nominated to
     represent Council as members of the Judging Panel for the 2010 Christmas
     Lights competition.
                      CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                   Page 148
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


11.2.11    Review of the 2010 Autumn River Festival and Considerations for 2011
           Officer:        A/Director of Administration and Community Services
Application
To provide Council with:
1.     A post event report on the 2010 Autumn River Festival.
2.     Consider date options for the 2011 Autumn River Festival.
3.     Provide Council with an update on the governance of the Autumn River Events
       Association.

Background
The Autumn River Festival is a combination of two (2) family fun day events hosted by
the City of Bayswater (Riverside Gardens) and the City of Belmont (Garvey Park). A
number of satellite events are also promoted throughout the City of Bayswater on the same
day, most notably at Ellis House, Halliday House and Bardon Park.

The City of Bayswater has been participating in the Autumn River Festival via
sponsorship agreements from Campbell Management Services (CMS Events) to the City
of Bayswater commencing with the April 2000 Autumn River Festival.

Since the events inception the Autumn River Festival has grown significantly and now
represents the City’s major event on the community events calendar. This is reflected by
the significant investment the City makes in the event. For the 2010 event a budget
allocation of $70,000 was made for the Autumn River Festival.

2010 Autumn River Festival
The 2010 event took place on Sunday, 28 March 2010 and was operational from 10:00am
to 4:00pm. Throughout the day the event attracted some 10,000 visitors.

Major attractions on the day included:

•   Professional entertainers including roving entertainers, musicians on the main stage,
    circus style performers and face painters.
•   Commercial and community stalls.
•   Art and craft activities.
•   Free amusement rides and fun attractions for young people.
•   Councillors Kitchen providing free healthy fruit.
•   Dunk the Councillor was a popular attraction for the community.
•   City of Bayswater showcased an information marquee programmed with various
    displays and interactive activities.
•   Swan River Trust also offered an interactive information marquee promoting the
    works of the Trust to the wider community.

Halliday House and Ellis House were also open throughout the day and over the course of
the weekend the Artist on the Walkpath exhibited contemporary sculpture and installation
artwork between Bardon Park, Maylands and Banks Reserve, Vincent.




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ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


A 10km cycle ride also linked the City of Bayswater event with the Town of Bassendean
Sculptures by the Swan at Sandy Beach Reserve, and the City of Belmont Autumn River
Festival at Garvey Park.

Traffic management on the day was a success with vehicles entering Riverside Gardens
via Milne Street off Guildford Rd, parking within the grounds of Riverside Gardens West
and exiting from the site via Leake Street. Parking and Marshalling on the day was
provided by a community sporting group, with set up and support from Rangers and Parks
and Gardens staff.

Pre event marketing was via radio and press campaigns in conjunction with CMS events
and the East Metropolitan Regional Council (EMRC). A four-week press campaign ran in
the Community Newspapers leading up to the event backed up with radio advertisements
placed with 96FM and 6PR. Flyers were distributed at key tourism outlets across the
metropolitan area in conjunction with Perth’s Autumn Festival. Townsite banners were
erected along Guildford Road through Maylands to capture the principle traffic passing
through the City. Localised banners were placed both on site at Riverside Gardens and
along Broun Avenue for two weeks preceding the event.

A post event debrief was conducted with staff and key stakeholders with the following key
outcomes identified as improvements for 2011:
•   Increase pre event marketing to include on street signage and higher radio profile
•   Provide timely information to all traders relating to Health Regulations and
    Compliance
•   Review site layout to include stall locations, parking and drop off areas, pedestrian and
    cycle movements through the show ground area and quantity of traders
•   Consider budget allocation toward maintaining the success of the City of Bayswater
    Community Marquee
•   Market Autumn River Festival at other events across the City prior to the festival
•   Review public address system announcements and location of speakers
•   Review the amount of electrical power required to deliver the event
•   Consider a paid commercial sector within the festival where additional attractions such
    as rides and show bags are available for a fee
Campbell Management Services provided a debrief report to the City of Bayswater, City
of Belmont and the Autumn River Events Association recommend staging the event over
two weekends with the Bayswater event taking place on the 3 April 2011 and the Belmont
event on the 10 April 2011.
Governance of the Autumn River Events Association
In 2006 the Autumn River Events Association was formed as an independent incorporated
body to manage and coordinate the event within its budgetary limits and association
powers and attract Lotterywest funding.




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ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


During the 2010 Autumn River Event a number of issues and concerns were identified
regarding the management arrangements and structure of the festival organising
committee. These concerns relate to:
    •   Clarifying the City’s role in the management and decisions on the event
    •   Ensuring recognition of the City’s major funding role
    •   Potential exposure of the Association’s committee not reflecting the Association’s
        Rules of Association
    •   Potential probity issues that may be perceived relating to the current committee
        structure, particularly in terms of the role of the committee’s non voting members

Officer’s have met with representatives of the Autumn River Events Association and
written to the chair to provide advice on governance options and to seek clarity from the
association on the City’s role in the management of the event.

The Autumn River Events Association objectives are:
    • To promote and be responsible for the staging of the Autumn River Festival
    • To act as an advisory group for associations and not for profit organisations in the
       Belmont, Bayswater and Bassendean local government council areas
    • To assist in event management, promotional and marketing advice and direction
       for associations and not for profit organisations in the Belmont, Bayswater and
       Bassendean local government council areas

The Autumn River Events Association are currently reviewing their future options which
include:

1. Remain as an independent incorporated not for profit organisation and review financial
   and organisational obligations through formal amendments to the existing constitution.
2. Disband the Autumn River Events Association and manage the City of Bayswater
   Autumn River Festival through a formal committee of Council.
3. Remain as an independent incorporated association with Council having a controlling
   majority interest on the management board of the Autumn River Events Association.

The City is waiting on the outcome the Autumn River Events Association’s decision
regarding their future management structure.

Comment
The City remains the main financial contributor and organising body of the City of
Bayswater Autumn River Festival. The Autumn River Events Association administer the
Lotterywest grant in conjunction with CMS Events, scope the ideas of and coordinate
community activity participation on the day.

The Autumn River Events Association are to consider their future governance options and
propose a formal motion to adopt at their next available Annual General Meeting due in
Sept / Oct 2010. Any outcome should reaffirm the Autumn River Events Association’s
commitment to and acknowledgement of the City as the major funding provider of the
City of Bayswater Autumn River Festival.

Traditionally the Autumn River Festival has been held on the first Sunday in April unless
conflicting with Easter Sunday.

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ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


Preparations will shortly commence for the 2011 Autumn River Festival which includes a
potential funding application to Lotterywest due four (4) months prior to the event,
therefore it is important that the date be determined.

The request to consider hosting the City of Bayswater Autumn River Festival on a
different day to the City of Belmont Autumn River Festival is not considered to detract or
disadvantage the Bayswater event. The City of Belmont has advised that they are
supportive of hosting the two events on separate days. Both events form part of the wider
Perth Autumn Festival coordinated and promoted by the East Metropolitan Regional
Council and separate dates would extend the range of events contained within Perth’s
Autumn Festival.

The City will continue to coordinate the majority of the event and has the capacity to
manage the 2011 City of Bayswater Autumn River Festival and would take a leading role
in the management and coordination of the event.

It is recommended that Council support the City of Bayswater Autumn River Festival to
be held at Riverside Gardens, Bayswater from 10:00am to 4:00pm on Sunday,
3 April 2011 and once advice is received from the Autumn River Festival Events
Association, regarding their role and structure for the event a further report will be
submitted to Council.

Policy Implications
Nil.

Financial Implications
A sum of $80,000 is available (budget code: 2083044406) within the 2010 / 2011 budget
allocation.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.     The information contained within the 2010 Autumn River Festival Debrief
       report be received.
2.     The 2011 City of Bayswater Autumn River Festival be held at Riverside
       Gardens, Bayswater from 10:00am to 4:00pm on Sunday, 3 April 2011.
3.     A further report be presented to Council confirming the management
       arrangements for the 2011 Autumn River Festival and the role of the Autumn
       River Festival Association.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 152
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


11.2.12    Walktober 2010 – Community Activity
           Location:      Robert Thompson Reserve
           Attachments: 1. Noranda Walking Group Advert
           Officer:       A/Director of Administration and Community Services
Application
To provide information on Walktober 2010 and the launch of Noranda Walking Groups.

Background
Walktober is an annual campaign coordinated by the peak industry body, Parks and
Leisure Australia that encourages communities to promote walking, and all its benefits,
during the month of October. There are three key Walktober initiatives that focus on
particular settings “Walktober Walk to School Day”, “Walktober Workplace Challenge”
and “Walktober Community Challenge”

The City supports this annual campaign by inviting local primary schools to participate in
the walk initiatives and encourage staff to become actively involved through a work place
challenge during a lunch time break.

The City currently has two walking groups, both operating in Bayswater (Hinds Reserve
and Hillcrest Reserve). The Hillcrest walking group meet once a week and the other
walking group at Hinds Reserve meet twice a week. The City receives many enquiries
regarding the groups, and in particular the need for a new group in the Morley/Noranda
area.

Comment
The City recognises the important role local government plays in supporting walking in
the community and the “Walktober Community Challenge” gives a perfect opportunity to
launch “Noranda Walking Groups”.

Officers have investigated the need for an additional walking group within the City to
satisfy demand to the north of the City, and wish to establish a new walking group using
Robert Thompson Reserve as a meeting and finish point.

Noranda Shopping Village wish to offer community support to the new Noranda Walking
Groups by offering monthly incentives to community members who continue with the
walking groups.

Advertising has now begun for two volunteers to become walk group leaders. It is
anticipated that initially two groups will be formed – a general walking group and a
mother and baby pram push. There are several different walking routes available and it is
thought that all walks will begin and end at Robert Thompson Reserve.




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ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


In addition to the walks, the City will also launch a new Walking Trails Guide. Previously
the guide has been a two page brochure with four riverside maps. The new guide will be a
pocket size booklet consisting of 8 – 10 maps from all areas within the City. The booklet
will also feature information on exercise and tips on using the outdoor exercise equipment
that was recently installed along the river foreshore.

The Noranda Walking Groups and Walktober Community Challenge will be advertised in
local community news papers, City of Bayswater website, Noranda Shopping Village and
banners (refer to Attachment No. 1). Walktober runs from 1 – 31st October, subject to the
appointment of walking group leaders, the City’s launch of Noranda Walking Groups will
occur in mid to late October.

Financial Implications
Marketing Budget allocation of $2000, Account 423400 4310.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
information be received for the “Walktober” community walking group that will be
located at the Robert Thompson Reserve.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 154
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



12         BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL
           COMMITTEE

Application
To inform the Council of the minutes of the meetings of the Technical Services & Finance
and Personnel Committee which was held on 17 August 2010.

Background
A copy of the minutes of the meeting of the Technical Services & Finance and Personnel
Committee which was held on 17 August 2010. follow this report.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Technical Services & Finance and Personnel
Committee which was held on 17 August 2010, be received.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 155
ORDINARY COUNCIL MEETING MINUTES                                                     24 AUGUST 2010




                          FOR INFORMATION ONLY
                    This page does not form part of the Council Minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL
COMMITTEE MINUTES                                                                    17 AUGUST 2010


                                   CITY OF BAYSWATER
MINUTES OF THE MEETING OF THE TECHNICAL SERVICES AND FINANCE &
PERSONNEL COMMITTEE WHICH WAS HELD IN COUNCIL CHAMBERS, CITY
OF BAYSWATER CIVIC CENTRE, 61 BROUN AVENUE, MORLEY ON TUESDAY,
17 AUGUST 2010 COMMENCING AT 7:00PM.



  Committee Recommendation to Councils are subject to adoption, or otherwise, at the following
  Ordinary Meeting of Council, as recorded in Minutes of that Council Meeting.

                                         MINUTES

ATTENDANCE, APOLOGIES,                      LEAVE         OF      ABSENCE          (PREVIOUSLY
APPROVED) & ABSENCE
Members
Cr Barry McKenna, Deputy Mayor                Chairperson
Cr Michael Sabatino                           Until 7:50pm
Cr Mike Anderton, JP                          Until 7:51pm
Cr Sally Palmer
Cr Alan Radford
Cr Marlene Robinson                           Deputising for Cr Terry Kenyon, JP
                                              (Acting Chairperson from 8:39pm to 8:43pm)
Cr Sonia Turkington                           Deputising for Cr Terry Blanchard until 7:51pm
Cr Graham Pittaway, OAM                       Deputising for Cr Mike Anderton, JP from 7:52pm
Observers
Cr Graham Pittaway, OAM                       Until 7:52pm
Officers
Ms Francesca Lefante                          Chief Executive Officer
Mr Ted Budzinski                              Director of Finance
Mr Doug Pearson                               Director of Technical Services
Ms Beverley Bridgland                         A/Director of Administration & Community Services
Mr George Rimpas                              Manager of Engineering Services
Ms Carol Newport                              PA/Director of Finance
Ms Wardia Du Toit                             PA/Director of Technical Services

Apologies
Cr Terry Kenyon, JP, Mayor
Cr Terry Blanchard
Mr Ivan Jakicevic                             Technical Manager

                                             Page 156
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


                         FOR INFORMATION ONLY
                  This page does not form part of the Council Minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL
COMMITTEE MINUTES                                                           17 AUGUST 2010



Public
1.

Press
Nil.

DELEGATED AUTHORITY / TERMS OF REFERENCE

Delegated Authority
There were no items appearing in these minutes for which the Technical Services
Committee had been granted delegated authority to act by the Council in accordance with
Section 5.23 of the Local Government Act 1995 and therefore the meeting was not open to
the public.
Terms of Reference
Technical Services:
To consider reports and make recommendations to Council in respect to issues relating to
the delivery of services within the areas of Engineering, Parks and Gardens,
Environmental Health and the Environment, Technical Design and all other aspects of the
Technical Service operations of the City of Bayswater.
Finance and Personnel:
To consider reports and make recommendations to Council in respect to statutory and
management financial reporting, accounts payable/receivable, investments, donations,
capital proposals, budget reviews, loan submissions, insurance, recreational facilities
managed under contract by the YMCA, personnel issues and all other Finance and
Personnel operations of the City of Bayswater.


DECLARATION OF INTEREST

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the
following disclosures of financial interest were made at the meeting:-

        Date              Name                                Item No.
 17 August 2010   Cr Barry McKenna      1.3 – Salisbury Street Traffic Congestion – St Peters
                                        Primary School
 17 August 2010       Cr Sally Palmer   2.11 - City of Bayswater Business Reference Group
                                        Nominees.




                                         Page 157
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


                       FOR INFORMATION ONLY
                  This page does not form part of the Council Minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL
COMMITTEE MINUTES                                                         17 AUGUST 2010


In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the
following disclosures of proximity interest were made at the meeting:-
Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations
1996 the following disclosure of interests affecting impartiality were made at the
meeting:-

       Date              Name                                Item No.
 17 August 2010    Cr Barry McKenna     Item 1.7 – EMRC Council Meeting – 22 July 2010
 17 August 2010    Cr Graham Pittaway   Item 1.7 – EMRC Council Meeting – 22 July 2010
 17 August 2010     Cr Alan Radford     Item 1.7 – EMRC Council Meeting – 22 July 2010
 17 August 2010    Cr Barry McKenna     2.11 - City of Bayswater Business Reference Group
                                        Nominees.

CONFIRMATION OF MINUTES

CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED that the
minutes of the meeting of the Technical Services & Finance and Personnel
Committee meeting held on Tuesday, 20 July 2010, which had been circulated, were
confirmed as a true and correct record.

                                                          CARRIED UNANIMOUSLY

DEPUTATIONS

Deputations are closed to the public.

COMMITTEE RESOLUTION
CR MIKE ANDERTON, JP MOVED, CR SALLY PALMER SECONDED that the meeting
be closed to the public and the doors were closed.
                                                          CARRIED UNANIMOUSLY
At 7:05pm, the meeting was closed to the public in order to receive deputations and only
the first deputation was present in the Gallery and remained in the Chambers.




                                        Page 158
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010


                        FOR INFORMATION ONLY
                  This page does not form part of the Council Minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL
COMMITTEE MINUTES                                                       17 AUGUST 2010


   Traffic Management - Anti Hoon Speed Humps Program
           Location:        Langley Road, Bayswater
           Applicant:       Mr L Butler – 20 Langley Road, Bayswater

In relation to Item 1.1, Mr Laurie Butler, from 20 Langley Road, Bayswater was in
attendance at the meeting from 7:05pm to 7:16pm. (Refer Page No. 5).

The meeting was re-opened to the public.
At 7:16pm, those present were invited back into the chambers and the meeting resumed.


COMMITTEE RESOLUTION

CR SALLY PALMER MOVED, CR SONIA TURKINGTON SECONDED that
Item 1.1 be dealt with.
                                    CARRIED UNANIMOUSLY


Item 1.1, En bloc Recommendations of Committee, Item 1.3, Item 1.4 and Item 1.6
(partially) were dealt with prior to the Committee receiving Deputation (ii).
Deputations are closed to the public.

COMMITTEE RESOLUTION
CR BARRY MCKENNA MOVED, CR MARLENE ROBINSON SECONDED that the
meeting be closed to the public and the doors were closed.
                                                         CARRIED UNANIMOUSLY

At 7:52pm, the meeting was closed to the public in order to receive deputations and the
member of the public present in the Gallery left the Chambers.

   Slade Street Traffic Management

In relation to Item 1.2, Mrs Branka Radanovich and Mrs Joanne Brabazon, from the
Slade Street Traffic Management Working Party were in attendance at the meeting from
7:52pm to 7:59pm. (Refer Page No 10).

At 7:58pm, the Manager Engineering Services, Mr George Rimpas, left the meeting and
returned at 7:59pm.

The meeting was re-opened to the public.
At 7:59pm, those present were invited back into the chambers and the meeting resumed.

                                      Page 159
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010




                        FOR INFORMATION ONLY
                   This page does not form part of the Council Minutes

TECHNICAL SERVICES & FINANCE AND PERSONNEL
COMMITTEE MINUTES                                                        17 AUGUST 2010


COMMITTEE RESOLUTION

CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED
that Item 1.2 be dealt with.
                                   CARRIED UNANIMOUSLY

ORDER OF BUSINESS

Items of business were dealt with in the following order;
Deputation (i), 1.1, En bloc Recommendations, 1.3, 1.4, 1.6 (partially), Deputation (ii),
1.2, 1.6, 1.7 to 1.8, 2.11 to 2.13, 4.1 and 1.3.


Item 1.1 was dealt with prior to Moving En bloc Recommendations of Committee.
TECHNICAL SERVICES AND FINANCE & PERSONNEL COMMITTEE
DECISION – EN BLOC
CR MIKE ANDERTON, JP MOVED, CR SALLY PALMER SECONDED to en
bloc the Committee/Officer Recommendation to Council of Items 1.5, 2.1 to 2.10, 2.14
and 4.2 to 4.3.
                                                            CARRIED UNANIMOUSLY
Item 1.3 was dealt with after the En bloc Recommendations of Committee.
Deputation (i) was received before this Item.




                                         Page 160
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010




12.1        Technical Services

12.1.1      Traffic Management - Anti Hoon Speed Humps Program
            Location:     Langley Road, Bayswater
            Attachments: Petition
                          Drawing No. 3/10
            Applicant:    Mr L Butler – 20 Langley Road, Bayswater
            Officer:      Director of Technical Services
            Refer:        Item 12.4 OMC 14.04.09
                          Item 12.1.5 OMC 02.02.10
                          Item 12.1.6 OMC 23.02.10
                          Item 12.1.5 OMC 27.04.10
Application
For Council to consider a request by petitioners in Langley Road for the removal of the
recently installed speed cushion in front of Nos.19 and 20 Langley Road, Bayswater.

Background
In March 2009, the State Government launched a funding program designed to combat
hoon behaviour on local roads in the metropolitan and rural area.

After considering a number of sites for funding under the program, Langley Road was
nominated and received funding approval in December 2009 subject to a set of conditions
as outlined below;

       "●   Consultation with the community on the proposal (showing the locations of the
            speed cushions) has been undertaken, and that the majority of respondents
            favour the proposal;

       ●    The speed cushions are located near street lights and will be clearly visible,
            particularly at night.

       ●    The Council gives an undertaking that the installed speed cushions will remain
            in place for a period of not less than three (3) years. Should there be
            complaints, the Council will address these and will be responsible for the costs
            associated with modifying the profile or the re-location of the speed cushion,
            at their cost.

       ●    Main Roads' approval of drawings showing the locations of proposed cushions
            is require prior to construction which should be in accordance with the Main
            Roads drawings showing the guidelines for various typical treatments for
            speed cushions on Local Roads.

       ●    All new or modified regulatory signs, pavement markings and traffic signals
            must be submitted to Main Roads for formal approval prior to commencement
            of construction.




                                         Page 161
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



     ●     If for any reason the Council is unable to proceed with the nominated project
           Main Roads needs to be advised and if applicable a request made to elevate a
           reserve project.

     ●     Full payment will be made on completion of the project construction stage
           (progress payments will not be made). The tax invoice must be accompanied
           by the Project Completion Form which is required within 30 days of
           completion and Post Evaluation Report is required within six to nine months
           of completion supported by a traffic count.; and

     ●     The projects are accepted by Council and the construction works can be
           completed by 30 June 2010."

On 23 February 2010, Council at its Ordinary Meeting resolved;

     "That Council:

     1.    Advise Main Roads WA (MRWA) of Council s agreement to the set of
           conditions for the Anti-Hoon Speed Humps Program funding.

     2.    Authorise the Director of Technical Services to undertake consultation with
           the owners and residents in Langley Road, Bayswater on the proposed Anti-
           Hoon Speed Humps Program treatment in the street.

     3.    Consider a further report to Council on the completion of the consultation
           process.

     4.    Amend its budget for 2009/2010 in accordance with the following table:

             Account           Description            Original     Revised     Surplus /
                                                      Budget       Budget       Deficit
            F30400 Traffic      Management           $40,000      $16,667      $23,333
                   Account
            Income Anti Hoon Speed Humps                 -        $46,667      $46,667
                   Program $46,667
                                                                 Net Effect   $70,000"

Following community consultation, Council at its Ordinary Meeting of 27 April 2010
resolved;

     "That the residents and owners of Langley Road be advised that the results of the
     community consultation showed an overall support for installation of speed cushions
     in Langley Road, Bayswater and that Council will proceed in having the speed
     cushions installed as part of the Anti Hoon Speed Humps Program as soon as
     possible."




                                       Page 162
  ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



  Shortly prior to the installation of speed cushions at the end of June, Council officers
  received complaints from two residents regarding the location of speed cushions in front
  of their properties. One from Mr Butler at 20 Langley Road and the other from the
  resident at No. 34 Langley Road, Bayswater.

  After the installation, further complaints were only received from Mr Butler regarding the
  resulting noise from vehicles traversing the speed cushion in front of his property.

  The Council has since received a forty-six (46) signatory petition (refer Attachment 1)
  which states;

         "To His Worship the Mayor, Cr Terry Kenyon and Councillors of the City of
         Bayswater. We the undersigned request and agree that the City of Bayswater
         remove the ‘speed bumps’ located between and outside the premises of Nos 19 and
         20 Langley Road due to the affects caused by the amount of discomfort (e.g. sleep
         disturbance) due to the noises caused by the way some of the vehicles approach,
         cross and leave the speed bumps, especially at night. Very little consideration
         appears to have gone into the location of these items in relation to the convenience
         and wellbeing of the occupiers."

  Comment
  In general, vertical displacement devices (even higher than the speed cushions) are
  common a traffic calming measure used by Councils throughout Australia.

  It is clear from the petition and subsequent complaints by Mr Butler that the noise
  associated with the speed cushion being installed in front of his property is causing him
  sleep disturbance and discomfort. As detailed above, no other complaints have been
  received in relation to noise associated with the speed cushions. The noise associated with
  the speed cushion in front of Mr Butler's residence could possibly be slightly higher than
  in other locations due to the fact that the device is located just below the crest of the hill
  and the location of Mr Butler’s bedroom at the front of the residence A recent site visit
  revealed that the noise associated with the cushions is relatively low, however, Mr Butler
  was clearly agitated by the noise which would obviously be more pronounced during the
  still of the night.
  With respect to the effectiveness of the speed cushions, the results of the recent traffic
  survey in the street showed a significant reduction in volume and speed of the traffic. The
  following table provides a comparison before and after the installation of the speed
  cushions;

                                       AVERAGE                     85TH                      % MEAN
  LANGLEY            DATE: TRAFFIC
                                       WEEKDAY     REDUCTION    PERCENTILE      KM/HR       EXCEEDING
    ROAD                COUNT
                                       TRAFFIC                    SPEED                      50KM/HR
  LOCATION
                       1st     2nd     1st   2nd   Unit   %      1st     2nd   Difference    1st   2nd
East of Foyle        Aug 09   Jul 10   860   648   212    25     62      46        16        61    8

East            of
                     Aug 09   Jul 10   765   593   172    22     63      47        16        63    11
Henrietta

East of Maurice      Aug 09   Jul 10   823   636   187    23     59      47        12        48    9



                                              Page 163
ORDINARY COUNCIL MEETING MINUTES                                               24 AUGUST 2010


Considering the above, the speed cushions have been very effective as a traffic calming
measure in the street. In regards to the noise levels at night, the results also show that the
volume of traffic is very low during this period. This equates to approximately fifty
vehicles between 10:00pm and 7:00am. With the majority falling at the start and end of
the period.

In dealing with this matter, the following options are available to Council.

       Option 1:   Remove the speed cushions in front of 19 and 20 Langley Road and
                   retain the existing central median island to narrow the traffic lane.

                   The operational costs associated with this option is $200. The City
                   may also need to return a portion of the funding to MRWA.

                   In addition, this option may set an undesirable precedent and other
                   residents may request the removal of the speed cushions adjacent to
                   their residences.

       Option 2:   Relocate the speed cushion to an alternative location (refer
                   Attachment 2). In this instance, the speed cushion could possibly be
                   relocated thirty metres away from its present location towards
                   Reman/Foyle Roads. Relocation is not possible further east towards
                   Hudson Street due to the steep gradient of the road.

                   The associated costs in having the device relocated would be in the
                   order of $11,000 which would need to be entirely funded by Council.

                   Once again, this option may create an undesirable precedent with other
                   residents asking for the relocation of the speed cushions.

       Option 3:   Retain the speed cushions in front of 19 and 20 Langley Road.

A further potential problem associated with relocating the device as outlined in Option 2
may be that the adjoining residents in the new location do not support the proposal.
Alternatively, the removal/relocation of the devices (Option 1 and 2) may lead to further
requests for removal/relocation of the devices in other locations thus limiting the
effectiveness of the overall traffic management treatment.

In the event that Council resolves to remove the device in front of Mr Butler's property, it
is recommended that the Director of Technical Services be authorised to investigate the
possibility of relocating the speed cushion closer to Reman/Foyle Roads. If successful,
this would mean that the low speed environment and associated safety benefits are
maintained.

Policy Implications
Nil.




                                          Page 164
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Financial Implications
      Option 1:    $200 plus potential return of a portion of funding received to MRWA.

      Option 2:    $11,000.

      Option 3:    Nil.

Funds to carry out the associated works have not been allocated for in the 2010/2011
budget, however, funding is available in Account No. G25000, Traffic Management
($20,000). It should be noted that utilisation of these funds for this purpose will limit the
City’s ability to undertake other minor traffic management projects throughout the year.

Voting Requirements
Simple Majority Required

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.    The speed cushions adjacent to 19 and 20 Langley Road be removed.

2.    The Director of Technical Services be authorised to investigate the possibility of
      relocating the existing speed cushions in front of 19 and 20 Langley Road,
      Bayswater closer to Reman/Foyle Roads.

3.    In the event the adjoining residents supporting the relocation of the speed
      cushions adjacent to their properties, the speed cushions be relocated with
      funding sourced from Account No. G25000, Traffic Management.

                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                         Page 165
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


12.1.2     Slade Street Traffic Management
           Attachments: 1 Study Zone
                           2 Slade - Option 1
                           3 Slade - Option 2
                           4 Slade - Option 3
                           5 Whatley/Newton - Concept Plan
           Officer:        Director of Technical Services
           Refer:          Item 12.3 OMC 14 April 2009
                           Item 12.5 OMC 9 June 2009
Application
To allow Council consideration of the recommendations of the Slade Street Local Area
Traffic Management (LATM) Working Group.

Background
Due to long term concerns from residents in relation to vehicle numbers and speeds in
Slade Street and the potential for this situation to worsen due to a proposed commercial
development at the intersection of Slade Street/Guildford Road, a petition was forwarded
to Council in February 2009 requesting a Special Electors Meeting to discuss the issues.
In accordance with the relevant provisions of the Local Government Act 1995, a Special
Meeting of Electors was called for 7:00pm on 25 March 2009.
As can be seen from the Minutes, the following recommendations were adopted for
Council consideration;
     “1.   MRS BRANKA RADANOVICH MOVED, MR GEOFF CARRUTHERS
           SECONDED that the City of Bayswater Reclassify Slade Street from ‘Local
           Distributor’ to ‘Local Access’.
                                                                         CARRIED

     2.    MRS BRANKA RADANOVICH MOVED, MRS JOANNE BRABAZON
           SECONDED that Slade Street be made into a cul de sac at Guildford Road.
                                                                            CARRIED

     3.    MRS BRANKA RADANOVICH MOVED, MR LAZAR RADANOVICH
           SECONDED that a vote of no confidence in the City of Bayswater’s failure to
           give proper and due regard to the amenity (nuisance aspect) of the fast food
           use and associated traffic on Slade Street, Bayswater resulting in the
           development decision being contrary to ordinary planning.
                                                                            CARRIED

     4.    MRS BRANKA RADANOVICH MOVED, MR GLENN COOKSON
           SECONDED that the residents of Slade Street, Bayswater request (as stated in
           their petition) the City of Bayswater consult with residents in all stages
           relating to proposed traffic calming planning for Slade Street, Bayswater.
                                                                                CARRIED
     5.    MR GLENN COOKSON MOVED, MR LAZAR RADANOVICH SECONDED
           that the City of Bayswater make budget allocations to allow for traffic calming
           measures to be introduced into Slade Street, Bayswater.
                                                                                CARRIED

                                       Page 166
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010



   6.    MR TERRY REYNOLDS MOVED, MR BEN HLADIN SECONDED that the
         professionals employed by the City of Bayswater produce an alternative plan
         for the rationalisation of traffic on Slade Street, Bayswater with particular
         emphasis on the additional traffic caused by the proposed development on the
         corner of Slade Street and Guildford Road. This alternative is to be with full
         and open consultation with residents concerned.
                                                                            CARRIED

   7.    MRS BRANKA RADANOVICH MOVED, MR GLENN COOKSON
         SECONDED that traffic generated from the development on the corner of
         Slade Street and Guildford Road be contained via a slip lane at Guildford
         Road and funded by the developer.
                                                                        CARRIED

   8.    CR TERRY KENYON, JP MOVED, CR TERRY BLANCHARD SECONDED
         that a traffic study on Slade Street, Bayswater be undertaken now.
                                                                            CARRIED

   9.    CR LOU MAGRO MOVED, MR IAN STEWART SECONDED that the
         following residents be included in a Working Party to be formed to discuss
         traffic calming issues on Slade Street, Bayswater:
         •    Mrs Branka Radanovich, 11 Slade Street, Bayswater.
         •    Mr Owen Kruger, 6 Slade Street, Baywater.
         •    Mr Paul Burrows, 61 Slade Street, Bayswater.
         •    Mr Kevin Davis, 57 Slade Street, Bayswater.
         •    Ms Joanne Brabazon, 14 Slade Street, Bayswater.
         •    Mr Geoff Carruthers, 38 Slade Street, Bayswater.
                                                                            CARRIED

   10.   MS JOANNE BRABAZON MOVED, MR GLENN COOKSON SECONDED
         that a Working Group be initialised to discuss the traffic calming issues on
         Slade Street, Bayswater to include the Director of Technical Services, the
         City’s Technical Manager, 2 West Ward Councillors and the following local
         residents:
         •    Mrs Branka Radanovich, 11 Slade Street, Bayswater.
         •    Mr Owen Kruger, 6 Slade Street, Baywater.
         •    Mr Paul Burrows, 61 Slade Street, Bayswater.
         •    Mr Kevin Davis, 57 Slade Street, Bayswater.
         •    Ms Joanne Brabazon, 14 Slade Street, Bayswater.
         •    Mr Geoff Carruthers, 38 Slade Street, Bayswater.
                                                                           CARRIED”




                                     Page 167
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


A report in relation to the Special Electors Meeting was presented to the Ordinary Meeting
of Council of 14 April 2009, and in considering the matters raised, the Council resolved as
follows;

     “That:
     1.    Council by considering the resolutions adopted at the Special Electors’
           Meeting on 25 March 2009 with regard to traffic concerns in Slade Street,
           Bayswater has satisfied its statutory requirements.
     2.    The City of Bayswater carry out a comprehensive Local Area Traffic
           Management (LATM) study to include the following streets:
           •     Slade Street between Whatley Crescent and Guildford Road;
           •     Whatley Crescent between Slade Street and Newton Street; and
           •     Newton Street between Whatley Crescent and Guildford Road;
           •     Address the Anzac Street/Guildford Road intersection.
     3.    This LATM to include traffic volumes, 85th percentile speeds, reported traffic
           accidents and in particular origin-destinations surveys to assess the levels of
           through traffic and the movements which are currently taking place within the
           above streets to be completed within 12 months.
     4.    A working group be formed comprising of residents from the affected streets to
           work in conjunction with the City’s technical staff with the following members:
           •     The Director of Technical Services;
           •     The Technical Manager;
           •     Three Slade Street representatives to be put forward by the Slade Street
                 residents;
           •     Two representatives from the section of Whatley Crescent section above;
                 and
           •     Two representatives from the section of Newton Street above.
           •     One representative from the major residential units between Slade Street
                 and King William Street.
     5.    The City of Bayswater write to the residents in the section of Whatley Crescent
           and Newton Street above and seek nominations for the Working Group.
     6.    The working group be charged with the responsibility of producing solutions
           for the area traffic management area and presenting those solutions for
           Council consideration and to a further public meeting should Council so
           decide.
     7.    If the Technical Services Division no longer has the computer programme for
           assessing the origin-destination data the Director of Technical Services, in
           conjunction with the Director of Finance and Personnel, be authorised to
           purchase such a programme for use in this and future area traffic management
           situations. Funds for this purchase to be taken from any savings which might
           be available in the City’s 2008/2009 capital budget.
     8.    Council consider the allocation of funds of $200,000 for the LATM in Slade
           Street, Whatley Crescent and Newton Street, Bayswater for inclusion in the
           2009/2010 budget deliberations.


                                        Page 168
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


     9.    No Councillor be included in the working group nor should they be permitted
           to attend the working group meetings to allow for a free flow of information
           between the residents and the senior officers of the City as this is clearly an
           interference with the administration of the City and its traffic management
           processes.”

In accordance with the above resolution, nominations were called for residents to
nominate to be part of the working group and Council at its Ordinary Meeting of
9 June 2010 resolved;

     “That the following residents be appointed as members of the Slade Street Traffic
     Management Working Party:
     •     Mr Paul Burrows (Slade Street);
     •     Ms Joanne Brabazon (Slade Street);
     •     Ms Branka Radanovich (Slade Street);
     •     Mr Brian Blechynden (Major Residential Units King William Street);
     •     Mr Derek Melhuish (Whatley Crescent); and
     •     Mrs Louise King (Whatley Crescent).”

Cr Terry Kenyon, JP and Cr Marlene Robinson were added to the group at the Special
Council Meeting held in October 2009.

The Working Group met on the following occasions;

     •     22 July 2009;
     •     3 September 2009;
     •     14 October 2009; and
     •     3 August 2010.

A copy of the Working Group report was provided to Councillors under separate cover.

In reviewing the study zone (refer Attachment 1), the two main areas of concern were
deemed to be Slade Street and Whatley Crescent/Newton Street. With regard to the other
roads in the study zone, no intervention was considered necessary at this stage due to the
relatively low vehicle numbers and speeds involved.

There may, however, be a need to reassess these roads should any modifications to Slade
Street or Whatley Crescent /Newton Street result in redirection of traffic to these roads to
an extent that it affects safety and/or amenity.

Slade Street
The following options were considered by the Working Party;

     Option 1:      Slow points in Slade Street (refer Attachment 2);

     Option 2:      The option presented at the Special Electors Meeting with minor
                    amendments. (Refer Attachment 3); and

     Option 3:      Back to Back culs-de-sac in Slade Street (refer Attachment 4).


                                         Page 169
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


With respect to Slade Street, Option 2 was the preferred option for the majority of the
community members on the working party. City officers were of the opinion that Option
1 was the most suitable as similar treatments had proven successful elsewhere, network
connectivity was maintained, it could be implemented on a trial basis to test its
effectiveness, and this option allowed the other options to be considered as future stages if
considered necessary.

The preliminary costings for each option are as follows;

       Option 1:         $62,000;
       Option 2:         $286,000; and
       Option 3:         $101,000.

Whatley Crescent/Newton Street
A concept plan detailing a combination of slow points, central median islands and speed
cushions was developed (refer Attachment 5) and was considered acceptable to the
Working Party.

Comment
As detailed above, the Working Party’s preferred option for Slade Street involves the
restriction of traffic from Guildford Road to the section of Slade Street north of the
proposed development at the intersection and the exit from the unit development. This
would result in none of the traffic accessing the units or new development using the
northern section of Slade Street and a corresponding reduction in traffic numbers. This
option would however impact on residents of the units as they would all have to exit via
the Guildford Road/Slade Street intersection, however this problem may be lessened via a
redirection of traffic flows within the unit site.

As detailed above, the technical officers’ preference is for a trial of Option 1 as this type
of treatment has proven successful in other locations with the City and due to its lower
cost, has the potential to provide a greater cost/benefit ratio to the City.

It is felt that a three month trial of the proposal for Whatley Crescent/Newton Street in
conjunction with Option 1 for Slade Street would allow an assessment of effectiveness of
the proposals and an opportunity for greater, more targeted public comment following the
trial period.

Policy Implications
Nil.

Financial Implications
Council has $200,000 available for traffic management works in the study zone in the
current budget.

The cost estimates for each option are detailed in the report.

The proposed trial of traffic management treatments is likely to cost in the order of
$10,000 to $15,000.


                                          Page 170
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Voting Requirements
Simple Majority Required


Officer Recommendation to Council
That Council:

1.   Receives the Slade Street Traffic Management Report;

2.   Authorise the Director of Technical Services to initiate a three month trial of traffic
     management treatments in Slade Street and Whatley Crescent/Newton Street
     generally in accordance with Drawing Nos. 33/09a and 35/09.

3.   Seek public comment from residents in the study zone following the completion of
     the trial.

4.   Consider a comprehensive report in relation to a technical assessment of the trial and
     the results of the public consultation following the completion of the trial.

At the Technical Services & Finance and Personnel Committee Meeting:
Committee Discussion
The Committee acknowledged the contribution by the Slade Street Working Group to date
and felt that liaison should take place with the Group once the public consultation and
trial have been completed.


Committee Amendment
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that point 4
include the words "in liaison with the Slade Street Working Group", to read:
4.     Consider a comprehensive report in relation to a technical assessment of the trial
       and the results of the public consultation following the completion of the trial in
       liaison with the Slade Street Working Group.
                                                             CARRIED UNANIMOUSLY




                                         Page 171
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010



Committee Recommendation to Council
That Council:
1.     Receives the Slade Street Traffic Management Report.

2.     Authorise the Director of Technical Services to initiate a three month trial of traffic
       management treatments in Slade Street and Whatley Crescent/Newton Street
       generally in accordance with Drawing Nos. 33/09a and 35/09.

3.     Seek public comment from residents in the study zone following the completion of
       the trial.

4.     Consider a comprehensive report in relation to a technical assessment of the trial
       and the results of the public consultation following the completion of the trial in
       liaising with the Slade Street Working Group.


AMENDMENT

CR TERRY BLANCHARD MOVED, CR MICHAEL SABATINO SECONDED that
a point 5 be added to read:
5.     The Local Area Traffic Management (LATM) report include an origin
       destination survey prior to the trial taking place and that if there is a
       requirement for funds for the computer program, that funds be taken from
       the traffic management account.
The Amendment was put and                                                    CARRIED: 9/1
The Amendment became part of the Substantive Motion.


     FOR:     Councillors Kenyon, McKenna, Sabatino, Robinson,
              Turkington, Palmer, Albert, Blanchard and Radford
     AGAINST: Councillor Pittaway




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COUNCIL RESOLUTION
CR MARLENE ROBINSON MOVED, CR TERRY BLANCHARD SECONDED
that Council:
1.   Receives the Slade Street Traffic Management Report.

2.   Authorise the Director of Technical Services to initiate a three month trial of
     traffic management treatments in Slade Street and Whatley Crescent/Newton
     Street generally in accordance with Drawing Nos. 33/09a and 35/09.

3.   Seek public comment from residents in the study zone following the completion
     of the trial.

4.   Consider a comprehensive report in relation to a technical assessment of the
     trial and the results of the public consultation following the completion of the
     trial in liaising with the Slade Street Working Group.

5.   The Local Area Traffic Management (LATM) report include an origin and
     destination survey prior to the trial taking place and that if there is a
     requirement for funds for the computer program, that funds be taken from the
     traffic management account.
                                                         CARRIED UNANIMOUSLY


At the Technical Services & Finance and Personnel Committee Meeting:
At this time, Cr Marlene Robinson took the opportunity to extend a vote of thanks to the
Slade Street Working Group for their contribution in resolving traffic management issues
in Slade Street, Bayswater.
At 8:05, Cr Graham Pittaway left the meeting.
Item 1.6 was dealt with after this Item.




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12.1.3     Salisbury Street Traffic Congestion - St Peters Primary School
           Attachments: Drawing No. 21/10
           Officer:         Director of Technical Services

At the Technical Services & Finance and Personnel Committee Meeting:
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Barry McKenna declared a financial interest in this item as his wife has been doing
relief teaching at the St Peters Primary School. Cr McKenna vacated the Chair and
withdrew from the meeting at 8:38pm.

ELECTION OF ACTING CHAIRPERSON
In accordance with Section 5.12 of the Local Government Act 1995 the members of the
Committee are to elect a chairperson (presiding member) from amongst themselves.

The Chief Executive Officer took the Chair and called for nominations of
Acting Chairperson for the Committee.

CR GRAHAM PITTAWAY NOMINATED, CR SALLY PALMER SECONDED that
Cr Marlene Robinson be elected Acting Chairperson, and there being no other
nominations, Cr Marlene Robinson was declared elected.

At 8:39pm, Cr Marlene Robinson, assumed the Chair.



CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED A FINANCIAL
INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Barry
McKenna declared a financial interest in this item as his wife has been doing relief
teaching at the St Peters Primary School.
At 9:14pm Cr Barry McKenna withdrew from the meeting.

Application
For Council to consider various options to address residents concerns in relation to traffic
congestion in Salisbury Street near St Peters Primary School.




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Background
In May 2009, Council in assessing the proposed Child Care Centre at St Peters Primary
School resolved that;
      “2.   Given the traffic issues associated with the St Peter’s Primary School, a
            working group comprising key representatives from Mercycare Group, St
            Peter’s Primary School, local residents and the City of Bayswater be
            established to identify and address traffic issues in Salisbury Street and
            surrounding streets. That parties will be committed to establishing timelines
            to rectify the traffic problems. That $120,000 be listed in the 2009/2010
            budget for consideration.”
Council subsequently, as part of the 2009/2010 budget made an allocation of $120,000.
Prior to formal consideration with the other key stakeholders, it was felt appropriate that
Council consider the preliminary investigations in relation to this matter.
Initial discussions with residents has shown that they are concerned regarding traffic
congestion due to vehicles queuing in the afternoon to pick up children coming from
Craven Street around the corner to Salisbury Street and that they themselves have to queue
to gain access to their properties.
On investigation, it was revealed that the queuing is mainly due to the School’s pickup
embayment queue extending beyond its current length and into the intersection of
Salisbury Street and Craven Street. The situation is more apparent in the afternoons
during pickup and lasts approximately five to ten minutes each day.

Comment
The City’s officers have looked into various options in an attempt to provide a solution
however, in order to resolve the situation, it is important to note that the Primary School is
totally surrounded by residential properties and the proposed options are unlikely to totally
resolve all issues experienced by individual residents.
The following four options are proposed and by no means are any guarantee that
improvements, if any, will be made to the congestion and easing of traffic for residents
(refer Attachment, Drawing No. 21/10);
      Option 1:    This option involves creating a roundabout turn around in Salisbury
                   Street near No. 143 and restricting all traffic to turn left from Craven
                   Street into Salisbury Street therefore creating a pickup/drop off queue
                   along the whole length of the St Peters Primary School.

                   The approximate increase in capacity in the pickup/drop off queue is
                   15 vehicles.
                   The approximate cost associated with this option is in the order of
                   $60,000. It should be noted however, that this option may not be
                   acceptable to residents of 158-168 Salisbury Street as it redirects the
                   queuing traffic to their side. Also residents west of Craven Street along
                   Salisbury Street will not be able to turn right from Craven into
                   Salisbury Street.


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       Option 2:   This option involves the creation of a separate service road along
                   Salisbury Street from Craven Street to the western boundary of St
                   Peters Primary School. This is similar to the layout adjacent to Mount
                   Lawley Senior High School along Woodsome Street.
                   Although there is no direct increase in parking capacity, this option will
                   allow more formalised drop off which separates the through traffic
                   component.
                   However, the Woodsome Street layout has Havier Park on the other
                   side and the layout actually encroaches onto Havier Park with the
                   construction of a dual use path within the reserve.
                   This proposal is a ‘tighter’ version, however the layout will mean that
                   the new road encroaches 2.3 metres closer to the boundary of
                   properties opposite the School, therefore substantially reducing the
                   verge width.
                   Providing that there are no Western Power underground power issues
                   or major service relocation issues, the estimated cost is in the order of
                   $120,000.

       Option 3:   The conversion of the parallel pickup bay to forty-five degree angle
                   parking for the entire frontage of the Salisbury Street Primary School.
                   In this instance, 1.2 metres of road widening is required, along the
                   eastern property line.
                   The costs associated with this option would be in the order of $100,000
                   and the approximate increase in the capacity of the pickup/drop off
                   area is 6 vehicles

       Option 4:   The provision of line marked hatching to the intersection of Salisbury
                   Street and Craven Street in yellow. This would require Main Roads
                   WA (MRWA) approval and officers initial discussions with them has
                   shown a lack of support for this treatment.

Due to the amount of traffic circulation around the surrounding streets of the School, it
should be noted that even if improvements in a particular area of the School are made, it is
likely that the additional capacity created would be simply absorbed and the resultant
action would be an immediate take up of that improvement and the appearance that no real
benefits have been obtained.

Given the considerable impact on different groups of residents associated with the
majority of the options, it is considered that it would be difficult to gain the view of all
affected ratepayers via a Working Group format and Council may wish to consider a wider
ranging public consultation process as per the officer’s recommendation.

Policy Implications
Nil.




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Financial Implications
     Option 1:    Creating a cul-de-sac turn around approximately $60,000.

     Option 2:    The creation of a separate service road approximately $120,000,
                  providing that there are no Western Power underground power issues
                  or major service relocation.

     Option 3:    The conversion of the parallel pickup bay to forty-five degree angle
                  parking estimated to cost $70,000.

     Option 4:    The provision of line marked hatching to the intersection of Salisbury
                  Street and Craven Street approximately $3,000 and subject to Main
                  Roads WA (MRWA) approval.

Voting Requirements
Simple Majority Required
Officer Recommendation
1.   The Salisbury Street Traffic Congestion – St Peters Primary School report be
     received.
2.   Copies of the options for traffic management in Salisbury Street in the vicinity of St
     Peters Primary School be forwarded to all relevant stakeholders, including nearby
     residents and the School for comment.
At the Technical Services & Finance and Personnel Committee Meeting:
Committee Discussion
The Committee included additional recommendations as they felt that options with onsite
traffic movement should be investigated with the School and should an on-street solution
be preferred, the School be approached for a financial contribution.




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COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR MICHAEL SABATINO MOVED, CR GRAHAM PITTAWAY SECONDED
that:
1.   The Salisbury Street Traffic Congestion – St Peters Primary School report be
     received.
2.   Copies of the options for traffic management in Salisbury Street in the vicinity
     of St Peters Primary School be forwarded to all relevant stakeholders,
     including nearby residents and the School for comment.
3.   Options for improved onsite traffic movement be investigated with the School.
4.   Should an on-street solution be preferred, the School be approached for a
     financial contribution

                                                           CARRIED UNANIMOUSLY

At 9:17pm Cr Barry McKenna returned to the meeting.
At the Technical Services & Finance and Personnel Committee Meeting:
At 8:43pm, Cr Barry McKenna returned to the meeting and resumed the Chair.
The Chairperson closed the meeting at the conclusion of this item.




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12.1.4      Rose Avenue Reserve (23080) - Boundary Amendment
            Attachments: Sketch Plan
            Officer:      Director of Technical Services
            Refer:        Item 12.1.1 OMC 22.06.10
Application
For Council to consider a boundary amendment of the Rose Avenue Reserve (23080) for
road widening.

Background
At the Ordinary Council Meeting of 22 June 2010, Council considered inter alia, the
community garden proposal for development and management of Rose Avenue Reserve
and resolved;

       "That Council:

       3.   Initiate subdivision and amalgamation processes to amend the boundary of
            Reserve 23080 to separate the portion of roadway that currently exists with
            the reserve."

Considering the above, it is proposed to amend the anomalies in the boundary of the
Reserve where it extends onto the current road as shown on the sketch plan (refer
Attachment).

As part of the process, the State Lands Division of the Department of Regional
Development and Lands will require the excised portion to be dedicated as a public road.

Comment
It is recommended that the Council agree to the boundary amendment of the Reserve
23080 as depicted in the sketch and request the Minister for Lands to dedicate the excised
portion of reserve as road in accordance with Section 56 1 (a) of the Land Administration
Act 1997. In granting the request, the Minister requires Council's indemnification for any
claim for compensation. The claim for compensation refers to the amount of all costs and
expenses incurred by the Minister for considering and granting the request. It does not
refer to compensation for the land itself.

Policy Implications
Nil.

Financial Implications
State Lands have indicated that they will meet the costs associated (survey etc.) with the
boundary amendment.

Voting Requirements
Simple Majority Required




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COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council:
1.   Agrees to the boundary amendment to the Rose Avenue Reserve (23080) as
     indicated on the sketch plan.

2.   Requests the Minister for Lands to dedicate the excised portion of the Rose
     Avenue Reserve (23080) as a public road in accordance with Section 56 1 (a) of
     the Land Administration Act 1997.

3.   Indemnifies the Minister for Lands in accordance with Section 56 (4) of the
     Land Administration Act 1997.

                       CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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12.1.5        Riverbank Funding Update
              Attachments: Tranby Foreshore
                            Bath Street Jetty
              Applicant:    Swan River Trust
              Officer:      Director of Technical Services
Application
To provide Council with a progress update on the Swan River Trust's (SRT) Riverbank
Grant Applications for the Bath Street Stabilisation Project and Tranby Foreshore
Restoration Project and to seek approval to amend Council’s 2010/2011 budget to
facilitate the projects.

Background
At the Ordinary Council Meeting of February 2010, the Council resolved to apply for
Riverbank Funding for the stabilisation works at Bath Street Jetty and Tranby Foreshore.
In July 2010, the City was notified that it was successful in its applications for SRT
Riverbank Funding for;
      •       Bath Street Jetty; and
      •       Tranby Foreshore.
The Riverbank Restoration funding is provided on a 50/50 contribution basis between the
Swan River Trust (State Government) and the City of Bayswater. A funding allocation for
the Bath Street Project was included in the 2010/2011 budget as follows;
      •       G25400     Bath Street Foreshore Stabilisation, $228,117 (SRT grant included).
No specific allocation was included in the 2010/2011 budget for the Tranby Project
however, the required Council allocation can be funded from the following account;
      •       C78100     Parks Development – Foreshore Restoration, $54,296.
The concept plans for the design of the projects are as follows;
          Tranby Foreshore:     Attachment 1; and
          Baths Street Jetty:   Attachment 2.

Comment
The following timelines and risks have been identified for the two new projects as part of
good project management.
Bath Street Jetty
Expected Timeline:
                                                            2010/2011                          11/12
             ACTION
                                   A    S     O     N   D       J     F   M   A   M     J        J
Concept Design                    Complete
Detailed Design
Aboriginal Consultation
Issue Tender for Construct
Contractor Replace Walling



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Risks for Delay of Timeline:
                                                                         RISK
                             DETAILS
                                                                 LOW     MED     HIGH
 1.   • The aboriginal consultation on average takes three
        months.      Sometimes however, this process can
        significantly blowout.
      • This process will commence immediately during the
        detailed design phase.
 2.   • The SRT will be required to approve the project.
 3.   • Sourcing of rock material.
      • This action cannot be progressed until the detailed
        design has been developed.
 4.   • Sourcing of native plants.

Tranby Foreshore
Expected Timeline:
                                                 2010/2011                   2011/2012
          ACTION
                               A     S   O   N   D J     F   M   A   M   J   J A S
Concept Design                 Complete
Detailed Design
Aboriginal Consultation        Complete
Rock Wall Installation
Native Plants Installation
Risks for Delay of Timeline:
                                                                         RISK
                             DETAILS
                                                                 LOW     MED     HIGH
 1.   • Sourcing of rock material.
 2.   • Sourcing of native plants

River restoration is a challenging process on the Swan River due to the reality of new
techniques used and Indigenous and SRT approvals required during the process. The
City's Officers will continue to report back to Council on the progress of the project.

Policy Implications
      •     Biodiversity Strategy;
      •     Indigenous Heritage Act; and
      •     Swan and Canning River Act.

Financial Implications
The funding for;

      •     Bath Street Jetty is allocated in the 2010/2011 Budget; and
      •     The City’s contribution for Tranby Foreshore can be sourced from Account
            No. C78100 – Parks Development (Foreshore Restoration).



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Voting Requirements
ABSOLUTE MAJORITY REQUIRED

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.   The Riverbank Funding Update report on the City of Bayswater's successful
     riverbank applications to the Swan River Trust be received.

2.   The 2010/2011 Budget for the Tranby Foreshore Restoration Project         be
     revised as follows;

                                                  Original    Revised     Surplus/
       Account                 Description
                                                  Budget      Budget       Deficit
      C78100          Parks Development -         $54,296     $12,296     $42,000
                      Foreshore Restoration
      New             Riverbank Funding             $0        $42,000     $42,000
      Income
      New             Swan River Trust - Tranby     $0        $84,000     -$84,000
      Expenditur      Foreshore
      e
                                                             Net Effect     NIL

                 CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY
                                         BY EN BLOC RESOLUTION




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12.1.6      Removal or Replacement of Water Spray/Aerator
            Location:      Lake Bungana, Maylands
            Attachments: Location Plan
            Officer:       Director of Technical Services
Application
For Council to consider the removal or replacement of the water spray/aerator (the unit) at
Lake Bungana, Maylands (refer Attachment).

Background
The unit was installed in Lake Bungana by the Developer of Peninsula Estate, Maylands.
Under instruction of the Developer the unit was modified after installation so that the body
was remanufactured in 3/16 stainless steel as the original body had already started to
corrode.
As indicated in the table below records show that the unit has been repaired on numerous
occasions since installation.

     DATE                        REPAIRS UNDERTAKEN                       COST (EXC GST)
February 2003      Seal replacement                                          $    970.00
March 2003         Inlet jet blocked                                         $    682.00
May 2003           Inlet jet blocked                                         $    697.00
January 2004       Inlet jet blocked                                         $ 550.000
December 2004      Seal replacement & remanufacturing of nozzle plate        $ 4640.00
August 2006        Motor burnt out – rewind and rebuild                      $ 4,783.00
February 2009      Motor burnt out – rewind and rebuild                      $ 3,367.00
                                                          TOTAL COSTS        $ 15,689.00

Following repairs that were undertaken in February 2009 the unit was refitted during June
2009 as the water level in Lake Bungana was too low for installation during summer.
After the unit was recommissioned it operated for approximately eight weeks before the
motor burnt out again.

Comment
The water spray/aerator known as an Otterbine Aerator is deemed to be unsuitable for the
environment it is expected to operate in – dirty, unfiltered water. Furthermore, the City’s
Contractor, Hydro Engineering, advises that most parts have to be manufactured as stock
is no longer available in Australia and therefore ongoing maintenance and rebuilding costs
will be relatively expensive.




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Although the unit was installed as an aerator it is too small to aerate the body of water in
Lake Bungana. Due to these limitations, the aerator serves no other purpose other than
being a decorative feature.

Policy Implications
Nil.

Financial Implications
The following options are available to Council;

       Option 1:   Not replace the unit and decommission the associated infrastructure.
                   The estimated cost for this option is $900.

       Option 2:   Replace the unit with a more suitable water spray/aerator at an
                   estimated cost of $16,000.

Although as detailed above there is limited environmental benefit associated with the
water spray/aerator in Lake Bungana, there is ongoing community concern in relation to
the unit not operating and a strong community expectation that the unit should be replaced.

Voting Requirements
Simple Majority Required

Officer Recommendation
That Council authorise the Director of Technical Services to arrange for the replacement
of the decorative fountain/aerator at an approximate cost of $16,000 as part of the
2010/2011 Parks Capital Works Program.




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At the Technical Services & Finance and Personnel Committee Meeting:

FOR:          Councillors Sabatino, Turkington and Anderton, JP
AGAINST:      Councillors McKenna, Robinson, Palmer and Radford
                                                                               LOST: 3/4
Committee Discussion
The Committee changed the officer's recommendation as it was felt that due to the current
restricted budget, the allocated funds should be redirected to other projects of greater
priority and not a predominantly decorative feature.

Committee Amendment
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that the
Council does not replace the decorative fountain/aerator unit and decommission the
associated infrastructure at Lake Bungana, Maylands.
FOR:     Councillors McKenna, Robinson, Palmer and Radford
AGAINST: Councillors Sabatino, Turkington and Anderton, JP
                                                                      CARRIED:4/3

Committee Discussion
In addition to the amendment, the Committee discussed whether the matter should be
referred back to the officers to investigate any associated problems which may arise due
to the lack of aeration to the water, such as increased mosquito breeding.

Committee Amendment
CR MIKE ANDERTON, JP MOVED, CR SONIA TURKINGTON SECONDED that this
matter be referred back to the officers to investigate the problems which may arise due to
the lack of aeration of the water at Lake Bungana, Maylands.

At 7:50pm, Cr Michael Sabatino left the meeting and did not return.
At 7:51pm, Cr Sonia Turkington and Cr Mike Anderton, JP left the meeting and did not
return.

COMMITTEE RESOLUTION
CR ALAN RADFORD MOVED, CR SALLY PALMER SECONDED that the matter be
adjourned.
                                        CARRIED UNANIMOUSLY

At 7:52pm, the meeting received Deputation (ii) - Slade Street Traffic Management and
Councillors Sabatino, Turkington and Anderton, JP were not present.

At 8:07pm, Cr Graham Pittaway returned to the meeting.




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Committee Amendment
CR MIKE ANDERTON, JP MOVED, CR SONIA TURKINGTON SECONDED that this
matter be referred back to the officers to investigate the problems which may arise due to
the lack of aeration of the water at Lake Bungana, Maylands.
                                                                               LOST: 0/5
     FOR:
     AGAINST:    Councillors McKenna, Robinson, Palmer, Pittaway and Radford

Committee Discussion
The Committee changed the officer's recommendation as it was felt that due to the current
restricted budget the funds should be allocated to other projects of priority and
Lake Bungana should be maintained in line with Council’s current management practices
for other water bodies.

Committee Amendment
CR MARLENE ROBINSON MOVED, CR ALAN RADFORD SECONDED that the
Council maintain the waterway at Lake Bungana, Maylands in accordance with the
Council’s current practices for water body management.
                                                            CARRIED UNANIMOUSLY

Committee Recommendation to Council

That Council:
1.     Does not replace the decorative fountain/aerator unit and decommission the
       associated infrastructure at Lake Bungana, Maylands.
2.     Maintain the waterway at Lake Bungana, Maylands in accordance with the
       Council’s current practices for water body management.

MOTION
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that
point 1 read:

1.     Does not replace the decorative fountain/aerator unit at Lake Bungana,
       Maylands due to the current restricted budget and refers the matter to the
       2011/2012 budget.

                                                                               LOST 4/6

       FOR:     Councillor Robinson, Palmer, McKenna, Pittaway
       AGAINST: Councillors Kenyon, Sabatino, Turkington, Albert,
                Blanchard and Radford




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MOTION
CR TERRY BLANCHARD MOVED, CR SONIA TURKINGTON SECONDED that
this item in relation to the decorative fountain/aerator unit at Lake Bungana,
Maylands be referred back to Council for further consideration following
investigation in to the environmental aspects of the lake and possible solutions.

                                                     CARRIED UNANIMOUSLY

COUNCIL RESOLUTION
CR TERRY BLANCHARD MOVED, CR SONIA TURKINGTON SECONDED that
this item in relation to the decorative fountain/aerator unit at Lake Bungana,
Maylands be referred back to Council for further consideration following
investigation in to the environmental aspects of the lake and possible solutions.
                                                     CARRIED UNANIMOUSLY




                                    Page 188
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12.1.7     EMRC Council Meeting - 22 July 2010
           Attachments: City of Bayswater Delegates Report
                        EMRC Abridged Council Minutes 22.07.10
           Officer:     Director of Technical Services

At the Technical Services & Finance and Personnel Committee Meeting:
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna
declared an impartial interest in this item as he is a Deputy Delegate at the EMRC.
CR GRAHAM PITTAWAY DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Pittaway declared
an impartial interest in this item as he is Chairman of the EMRC.
CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford
declared an impartial interest in this item as he is a member of the EMRC.

CR GRAHAM PITTAWAY DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Pittaway
declared an impartial interest in this item as he is Chairman of the EMRC.
At 10:17pm Cr Graham Pittaway withdrew from the meeting.

CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL
INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna
declared an impartial interest in this item as he is a Deputy Delegate at the EMRC.
Cr McKenna did not leave the meeting.

CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford
declared an impartial interest in this item as he is a member of the EMRC.
Cr Radford did not leave the meeting.
Application
To allow Council consideration of the recent Minutes from the Eastern Metropolitan
Regional Council (EMRC).

Background
A Council Meeting of the EMRC was held on 22 July 2010, Cr Graham Pittaway
(Chairperson), Cr Alan Radford and Director of Technical Services were in attendance.

A delegates report listing items with implications for the City of Bayswater is
Attachment 1 and the Abridged Minutes form Attachment 2.

Policy Implications
Nil.



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Financial Implications
As detailed in the Delegates Report.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SONIA TURKINGTON MOVED, CR SALLY PALMER SECONDED that the
report on the Eastern Metropolitan Regional Council’s (EMRC) Council Meeting of
22 July 2010 be received.
                                                   CARRIED UNANIMOUSLY




                                       Page 190
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12.1.8      Living Stream – Hillcrest Reserve Drainage Line
            Attachments: Location Plan
            Officer:        Director of Technical Services
Application
To provide an update and for Council to consider the quotations received for the Living
Stream at Hillcrest Reserve Drainage Line (refer Attachment location plan).

Background
As part of their site redevelopment, Chisholm Catholic College was granted approval to
and has subsequently built a carpark over a previously existing living stream that was
constructed by the community using Local, State and Federal funding. The carpark
construction was highly controversial in the community and as part of the planning
approvals, a requirement was that the College and the Water Corporation contribute
$50,000 towards the construction of a living stream in another location.

It is the understanding of the City's officers that the intended location, at the time was the
Drainage Reserve at the bottom of Lower Hillcrest Reserve. This area was considered
appropriate as it was downstream of Chisholm College and is in close proximity to the
original living stream.

However, it should be noted that Lower Hillcrest and the other drainage line within direct
proximity, have limitations and does not offer the same opportunities for design and
retrofit that the Chisholm College drain offered. As such, it would be expected that with
the available funding, the drainage retrofit at Lower Hillcrest would achieve biodiveristy
and aesthetic outcomes, but is unlikely to achieve significant water quality benefits. Some
sites that would offer better opportunities for drainage retrofitting into living streams
include;

      •     The drainage line along Weld Square Primary School; and
      •     Rudloc/Coode Streets.

However, these sites are not in close proximity to the original Living Stream and are
upstream from Chisholm College.

Initial discussions with the Water Corporation have indicated that the City would first
have to prepare and present a plan for the stream before the Water Corporation can
consider the matter. Accordingly, the City released a Quotation for 'Detailed Design and
Potential Construction of a Living Stream at Lower Hillcrest Reserve'.

The following Consultants were invited to provide a quotation for the works;

      •     EMS;
      •     Syrinx;
      •     GHEMS;
      •     CSIRO;
      •     360 Environmental; and
      •     Natural Area Management Services (NAMS).




                                          Page 191
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


Quotations were received from the following Consultants within the specified timeframe;

     •     360 Environmental; and
     •     Natural Area Management Services.

Comment
From the analysis undertaken by the City's Water Quality Projects Officer (Swan River
Trust Funded), the organisation NAMS, submitted a more complete quotation that
indicated that they could provide better expertise and also better value for money.

It is recommended that NAMS be requested to develop the detailed design for the project
for consideration and approval by Council and the Water Corporation prior to the
commencement of construction.

Policy Implications
     •     City of Bayswater Purchasing Policy - FS-P19; and
     •     Water Corporation Drainage Policy.

Financial Implications
The project is funded in accordance with Chisholm Catholic College and Water
Corporation's grant requirements.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.   The Living Stream - Hillcrest Reserve Drainage Line project update report be
     received.

2.   Natural Area Management Services (NAMS) be requested to develop a Draft
     Concept Plan for consideration and approval by the Council and Water
     Corporation prior to the commencement of the project.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 192
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.1.9     Practical Responses to Climate Change National Conference 2010
           Officer:        Director of Technical Services
Application
To advise Councillors of the inaugural Practical Responses to Climate Change National
Conference 2010 to be held at the Hilton on Park, Melbourne from 29 September to
1 October 2010.

Background
Engineering Australia, its National Committee on Water Engineering and the Vicotorian
Water Engineering Branch are hosting the conference with support from the Planning
Institute of Australia.

The Conference will be an opportunity for engineers, planners, Local Government
representative and others involved in the water sector from catchments to coasts to tackle
with how to respond in a practical way to challenges that confront us with the changing
climate.

The program features international and national keynote speakers, plenary panel sessions
designed to provide an opportunity for open discussion amongst experienced industry
representatives and delegates.

The following are the four themes for the conference;

Coasts and Estuaries
Coastal and estuarine environments respond dynamically to changes in oceanic, terrestrial
and atmospheric conditions. The focus of this stream will be to explore the ways coastal
and estuarine environments are likely to respond to climate change and the types of natural
hazards and longer term changes and challenges that may arise from this process for
natural and human environments that inhabit the coastal zone. Topics of interest include;
     •     Impact of Climate Change on Coasts and Estuaries;
              o   shoreline morphology and adjustment;
              o   wave environment;
              o   sediment transport and deposition;
              o   estuarine hydrodynamics; and
              o   estuarine and coastal interactions.
     •     Coastal Hazards and Management Responses to Climate Change;
              o   erosion and shoreline recession;
              o   inundation;
              o   storm surge flooding;
              o   habitat transition or loss;
              o   estuarine water quality; and
              o   protect, adapt, retreat, relocate.




                                          Page 193
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


Water Resources
Climate change and variability presents enormous challenges to water resources
management in Australia. Recent experience in prolonged drought in much of Australia
has clearly demonstrated the need for adaptation to an uncertain future of water
availability. This theme will learn from recent and past experience, understand climate
change impacts on future water resources, and explore adaptation strategies through
policy, market, engineering and other measures. Topics include;
     •     Impacts of Climate Change on Water Resources;
            o   impacts on water availability and uncertainties;
            o   impacts on water demands (including urban, irrigation demands,
                irrigated culture, environmental demands and hydro demands);
           o    impacts on water quality;
           o    bushfire impacts on yield under climate change;
           o    changes in catchment conditions and relationships between rainfall and
                runoff;
           o    surface water and groundwater interactions and their impact on water
                availability; and
           o    impacts on water security for irrigation, urban consumption and
                environmental uses and stranded assets.
     •     Water Resources Management in Response to Climate Change
            o     managing water scarcity in the last decade - lessons for the future;
            o     developing the next generation of water management plans;
            o     water markets - what next?;
            o     water supply and infrastructure - modernisation, augmentation; and
            o     providing water for food production and environmental uses.

Catchments, Floodplains & Waterways
Climate change has the potential to significantly affect the behaviour of our floodplains,
wetlands and waterways. There will be changes in the timing, frequency and magnitude
of rainfall events and in the antecedent conditions. If we are to develop appropriate
adaptation responses we will need to understand how climate change will affect runoff
behaviour. Adaptation strategies need to target communities and ecosystems at risk. This
requires new and improved techniques to estimate the impacts of both too much and too
little water. Topics include;
     •     Impact of Climate Change on Catchments, Floodplains and Waterways
            o     predicting and modelling future storm and runoff behaviour;
            o     what does the 100 year flood mean now?; and
            o     design guidelines and standards in modified climate regime.
     •     Catchment, Floodplain, and Waterway Challenges and Management
           Responses to Climate Change
            o     mitigating impacts of extreme events on communities and ecosystems;
            o     managing environmental flows in an uncertain future;
            o     developing a risk assessment methodology for areas affected by altered
                  runoff behaviour;
            o     ecosystems vulnerabilities to altered flow conditions; and
            o     protect, adapt, retreat, relocate.

                                         Page 194
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010


Planning and Policy
As the interface between land and sea, the coastal zone is particularly vulnerable to
physical impacts of climate change and this vulnerability is exacerbated by the socio-
cultural and economic importance of the coast. Climate change and its relationship with
coastal vulnerability present numerous challenges for coastal planners and land managers,
particularly in relation to risk and uncertainty. Decision-makers must continue to make
decisions amidst a level of uncertainty whilst the information base is continually and
rapidly progressing. Due to the long life expectancy of structures such as roads and
buildings, planning decisions which are made now will have long term repercussions. If
we are to successfully plan for the future today, the impacts of climate change on coastal
hazards must be incorporated into our decision-making processes now. To achieve this,
policy guidance across all levels of government is necessary to support the consistent
application of risk assessment and decision-making frameworks. Topics include;
      •     Climate Change Risk Assessment in a Policy and Planning Framework;
            o     defining, assessing and managing risk;
            o     risk assessment methodologies;
            o     assessing and understanding coastal vulnerability;
            o     the local, state and federal government perspective; and
            o     modelling coastal hazards and the effects of climate change.
      •     Planning and Policy Responses to Climate Change
            o     the Local, State and Federal Government perspective;
            o     coordination across all levels of government;
            o     policy thinking at a State and Federal level;
            o     legislation - where what and why;
            o     responding to climate change through adaptation;
            o     building resilient coastal communities against adverse climate; and
            o     living on the coast with climate change; paradigms may be challenged.

Comment
At this stage, the Senior Management Group has not approved for the attendance of an
officer to the Practical Responses to Climate Change Conference and will await the release
of the full conference program prior to deciding if it is appropriate to send an officer. It is
recommended that Council gives consideration to nominating an Elected Member to
attend.

Policy Implications
Council Policy EO-P05 Travel and Accommodation, provides the arrangements for the
reimbursements of conference travel and accommodation expenses for Elected Member/s
and officers in accordance with the Local Government Act 1995.

Council Policy EO-P22 Conference/Seminar Attendance – Elected Members, establishes
the parameters for the attendance of Elected Members at interstate and regional Western
Australian conferences. Each Elected Member is eligible to attend up to three (3)
conferences for the period covering the bi-annual elections.




                                          Page 195
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



Financial Implications
The cost associated with attendance of an Elected Member and any officer attendees is in
the order of $3,500 per attendee and would be funded through the respective conference
accounts.

Voting Requirements
Simple Majority Required

Officer Recommendation
That approval be granted for the attendance and associated costs of Cr __________ at the
Practical Response to Climate Change National 2010 Conference to be held in Melbourne
from 29 September to 1 October 2010.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
approval be granted for the attendance and associated costs of Cr Barry McKenna at
the Practical Response to Climate Change National 2010 Conference to be held in
Melbourne from 29 September to 1 October 2010.
                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 196
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



12.2        Finance & Personnel

12.2.1      Financial Reports for Period Ending 31 July 2010
            Officer:        Director of Finance
Application
To inform Council of the financial statements for the period ending 31 July 2010.

Background
The financial statements for the reporting period are submitted in the form of :
•   Financial Activity Statement Report
•   Net Current Asset Position
•   Reserve Fund Statement
•   Summary Schedule of Divisional Financial Activity
•   Divisional Summaries.

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
financial reports for the period ending 31 July 2010 be received.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                          Page 197
ORDINARY COUNCIL MEETING MINUTES                                                   24 AUGUST 2010



                                       CITY OF BAYSWATER

                           FINANCIAL ACTIVITY STATEMENT REPORT

                          FOR THE PERIOD 1 JULY 2010 TO 31 JULY 2010

                                                                                 % OF YEAR     8.49%

REVENUE                                       ADOPTED                               %
                                           BUDGET 2010-2011      ACTUAL           BUDGET

        General Purpose Funding                     32,007,554      28,684,118         89.62
        Law Order & Public Safety                      155,700          25,367         16.29
        Health                                         111,848           4,964          4.44
        Welfare & Education                          8,156,527         412,468          5.06
        Housing                                         75,400           8,868         11.76
        Community Amenities                          8,910,425       8,092,171         90.82
        Recreation & Culture                         5,330,892         377,553          7.08
        Transport                                      332,081          42,032         12.66
        Economic Services                              651,500          84,584         12.98
        Other Property & Services                       52,000          23,127         44.48
LESS                                              $55,783,927     $37,755,252          67.68
OPERATING EXPENDITURE
     General Purpose Funding                           515,423          73,875         14.33
      Governance/Admin                               4,521,159         275,329          6.09
      Law Order & Public Safety                      1,875,514         113,381          6.05
      Health                                         1,300,383          79,124          6.08
      Welfare & Education                            8,655,811         541,571          6.26
      Housing                                          102,858          19,245         18.71
      Community Amenities                            9,771,266         713,855          7.31
      Recreation & Culture                          20,812,027       1,327,902          6.38
      Transport                                      4,224,101         316,439          7.49
      Economic Services                              1,555,601          99,112          6.37
      Other Property & Services                      1,789,508          55,761          3.12
                                                  $55,123,651      $3,615,594           6.56
ADD
CONTRIBUTIONS/GRANTS FOR THE
DEVELOPMENT OF ASSETS

       General Purpose Funding                         843,737
        Recreation & Culture                         7,587,766
        Transport                                      744,702
       Economic Services

                                                   $9,176,205              $0

       Funding for Operations                      $9,836,481     $34,139,658

ADD
       DISPOSAL OF ASSETS                            $414,500        $18,628
       RESERVES MOVEMENT                            $4,147,020            $0
       PRINCIPAL LOAN RECOVERIES                      $58,480          $388
       EMPLOYEE PROVISIONS                            $69,500
       DEPRECIATION                                $6,407,400       $533,950
                                                  $11,096,900       $552,966
LESS
       CAPITAL EXPENDITURE                        $30,725,573        $51,797

       REPAYMENT OF DEBT                              $61,480          $3,042
       PROFIT/LOSS ON DISPOSAL OF ASSETS            ($467,296)

                                                  $30,319,757        $54,839


       OPENING BALANCE                             $9,872,975     $21,577,450
       CLOSING BALANCE                              $486,599      $56,215,235




                                                Page 198
ORDINARY COUNCIL MEETING MINUTES                                                       24 AUGUST 2010



                                   NET CURRENT ASSET POSITION AS AT 31 JULY 2010

                                                                              2010/2011        2009/2010
 SURPLUS SUMMARY REPRESENTED BY

  CASH AT BANK AS AT 31 JULY 2010                                           $16,701,304      $21,240,900



  DEBTORS/INCOME DUE NOT RECEIVED                                           $43,416,927      $39,356,889



  STOCK                                                                         $94,444        $115,255

  PREPAID EXPENSES                                                             $477,073        $189,491

                                                                            $60,689,748      $60,902,535

  G.S.T. CLEARING ACCOUNT                                                      $591,938        $343,892
       (Cleared at time of lodging B.A.S. return )

  FIRE & SERVICES LEVY                                                      ($5,814,725)     ($4,961,192)
  CREDITORS                                                                 ($8,040,938)     ($1,986,319)

  Deferred Movement - Pensioners/Other                                             $1,093

  Aged Persons Homes                                                         $8,788,119       $2,815,161

  BALANCE AS AT 30 JUNE 2010                                                $56,215,235      $57,114,077
  As Per Summary of Divisional Activity



  LESS RESTRICTED ASSETS


       RESERVES - GENERAL                                                   $4,078,827       $10,201,103
       RESERVES/RESTRICTED - AGED                                           $7,752,426        $2,853,261


  CLOSING BALANCE AS AT 31 JULY 2010                                        $44,383,982      $44,059,713
  AS PER FINANCIAL ACTIVITY REPORT




                                                     Page 199
                                                                                              RESERVE FUND BUDGET 2010-2011
                                                                                                     31-Jul-10
                                 TITLE                     OPENING BALANCE                      INTEREST                        TRANSFERS                   REQUIREMENTS                           BALANCE            BALANCE
                                                                01-Jul-10                         EARNED                       TO RESERVES
                                                       Budget             Acual            Budget        Actual           Budget           Actual              Budget             Actual            Budget             Actual



           Property Building & Equipment                      93,484          105,035           3,739                                                                    96,500                                723          105,035

           Bore & Reticulation                               102,276          102,276           6,885                          110,000                                  207,000                              12,161         102,276

           Grounds Facilities Lighting                         1,163              26,970                                                                                                                      1,163             26,970

           Long Service Leave                                216,460          216,446           8,658                                                                                                    225,118            216,446

           Plant & Equipment                                                      71,013                                     1,000,000                             1,000,000                                                    71,013

           Building Upgrade                                  102,244          111,131           4,090                                                                    78,370                              27,964         111,131




Page 200
                                                                                                                                                                                                                                         ORDINARY COUNCIL MEETING MINUTES




           Workers Compensation                              786,047          786,047          31,442                                                                                                    817,489            786,047

           Morley Recreation Centre

           Major Capital Works                             3,200,925         2,532,029         90,000                          325,896                             3,556,674                                 60,147        2,532,029

           Alma Venville Rec Centre                           39,199              39,199        1,568                                                                    40,767                                  0              39,199

           Bayswater Aquatic Centre Replacements               1,682               1,682           61                                                                                                         1,743              1,682

           Maylands Waterland                                 13,701              13,701          548                                                                                                        14,249             13,701

           Gratuity Reserve                                   73,298              73,298        2,932                                                                                                        76,230             73,298
                                                                                                                                                                                                                                         24 AUGUST 2010




           Total Municipal Operations              $      4,630,479 $       4,078,827 $       149,923 $           -   $     1,435,896 $             -   $          4,979,311 $             -   $       1,236,987 $        4,078,827
           PROJECTS                                                                                                Budget          Actual
           Major Capital Works                                                 Major Capital Works (Cont'd)           $2,961,845
                                                           Budget     Actual
           Maylands Multi Purpose Centre                  $701,968
           Senses Building                                $800,000             F30800 - Swan Lake Restoration            $53,329
           Noranda Netball Court Resurface                $170,000             F31000 - Solar Cities                     $70,000
           Footpath Programme                             $195,059             C32300 - Henley Brook Consult            $100,722
           Golf Course Development                        $100,000             D35900 - Strutt Way Resv                  $13,091
           Turbine Replacement Programme                  $192,500             Traffic Management                       $357,687
           Drill Hall Air Conditioning                     $20,000
           Bath St Stabilisation                          $115,000                                                    $3,556,674


           Carry Forward 1 July 2010

                                                                               Property, Building & Equipment
           F15900,F16000,F17300,F17400 :Golf Course
           Development                                    $105,949
           F11400 - Houghton Reserve                       $27,500             Replacement PC'S                          $50,000
           F14500 - Halliday Park                          $50,000             Update NetworkServers Replacement         $18,000
           F17600 - Maylands Sport & Rec                   $50,000             Aged Servers                              $18,500




Page 201
                                                                                                                                            ORDINARY COUNCIL MEETING MINUTES




           F11500 - Robert Thompson Reserve                $30,300             Depot Communication Shed                  $10,000
           F18900 - Walter rd Morley Dve                   $84,450                                                       $96,500
           F29000 - Maylands Bowling Club - Irrigation    $148,392
           C78100 - Foreshore Restoration                  $32,217
           D33400 - Greenkeepers Shed                      $99,786

           F13900 - Town Centres Heritage Trails           $30,000             Building Upgrade
           F18600 - Bayswater Waves - Upgrade Showers       $8,724             Morley Sport & Rec                        $19,233
                                                                               Halliday House Roller Door                $10,000
                                                         $2,961,845            Upper Hillcrest External Doors            $10,000

                                                                               Cfwd works 1 July 2010

                                                                               D36400- Claughton Resv Toilets            $30,537
                                                                               F34600 - Works Depot Air Cond              $8,600

                                                                                                                         $78,370
                                                                                                                                            24 AUGUST 2010
ORDINARY COUNCIL MEETING MINUTES                                                                         24 AUGUST 2010



                                        SUMMARY SCHEDULE OF DIVISIONAL FINANCIAL ACTIVITY

                                                                        AS AT 31 JULY 2010




                                             BUDGET (Revised)                     ACTUAL
                                          INCOME    EXPENDITURE              INCOME  EXPENDITURE


 OPERATING

 Chief Executive Office                        $9,500     $2,500,393                $673      $131,257
 Administration & Community Services       $7,427,709    $11,989,975            $447,638      $653,273
 Aged Persons Homes                        $6,228,459     $4,971,984            $350,397      $340,778
 Planning & Development Services           $9,123,501     $4,782,682            $152,857     $313,842
 Technical Services                       $10,203,009    $19,915,326          $8,097,577    $1,294,738
 Financial Services                       $31,967,954     $4,019,095         $28,706,110     $347,756


 TOTAL ALL OPERATING                      $64,960,132    $48,179,455         $37,755,252    $3,081,644



 CAPITAL


  Administration & Community Services                       $803,538                           $2,020
  Planning & Development Services                        $19,316,000                          $12,930
  Aged                                                      $260,000
  Technical Services                                        9,821,866                         $36,051
  Financial Services - Recreation Centres,Computing        $524,170                             $796

  Plant Trades                                             ($414,500)                        ($18,628)


 TOTAL ALL CAPITAL                                       $30,311,074                          $33,169


                                                                                                                 Last Year
                                                                                                           Income     Expenditure
 TOTAL FROM OPERATIONS                    $64,960,132    $78,490,529         $37,755,252    $3,114,813   $34,467,001 $3,144,206


  OPENING BALANCE 1 JUL 10                $14,503,455                        $12,798,950
  OPENING BALANCE 1 JUL 10                  $4,485,370                        $8,778,500
  - Aged Persons Homes




  CLOSING BALANCE 31 july 2010                                                             $56,215,235

  CLOSING BALANCE 30 JUNE 2011                             $1,723,586
  Aged Persons Homes                                      $3,731,842

 BORROWINGS

  Principal Loan Repayments - General                       $61,480                            $3,042

  Principal Loan Recoveries                   $58,480                              $388
                                              $58,480       $61,480                $388        $3,042



 TOTAL                                    $84,007,437    $84,007,437         $59,333,090   $59,333,090




                                                         Page 202
ORDINARY COUNCIL MEETING MINUTES                                                                    24 AUGUST 2010



                                   BUDGET 2010-2011
                            CHIEF EXECUTIVE OFFICE
                                                      31-Jul-09                                                     31


                                                                       1
                                                                                                    % OF YEAR                 8.49%

Description                                    Revised Budget        Actual        Committed             Total           %




Operating Income

SS10100     Members of Council                             -$9,500         -$673               $0                -$673       7.08%
Total Operating Income                                    -$9,500       -$673                  $0                -$673       7.08%

Operating Expenditure

SS10100     Members of Council                          $826,246       $78,267          $38,581            $116,848          14.14%
SS10120     Chief Executive Officer's Office           $1,091,391      $19,357           $1,934             $21,291           1.95%
SS10200     Human Resources                             $500,443       $25,040           $1,790             $26,830           5.36%
SS10210     Occupational Health & Safety                  $82,313       $8,593            $147               $8,740          10.62%
Maintenance Costs

Total Operating Expenditure                          $2,500,393      $131,257          $42,452           $173,709             6.95%




Total Chief Executive Office                         $2,490,893      $130,584          $42,452           $173,036             6.95%




                                                      Page 203
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                               BUDGET 2010-2011
              ADMINISTRATION & COMMUNITY SERVICES
                                           31-July-2010                                                   31


                                                                  1
                                                                                             % OF YEAR             8.49%
Description                              Revised Budget         Actual      Committed             Total        %




Operating Income
SS10300     General Administration                  -$48,200         -$21               $0              -$21       0.04%
SS10301     Records Administration                        $0         -$60               $0              -$60
SS10400     Rangers                                 -$32,500        -$799               $0             -$799       2.46%
SS10405     Security Watch                                $0     -$10,000               $0          -$10,000
SS10410     Animal Control                          -$84,600      -$3,832               $0           -$3,832     4.53%
SS10420     Parking Facilities                      -$66,500      -$4,606               $0           -$4,606     6.93%
SS10600     Bayswater Waves                      -$2,910,035    -$181,973               $0         -$181,973     6.25%
SS10610     Maylands Waterland                     -$155,500           $0               $0                $0     0.00%
SS10700     Bayswater Library                        -$6,300        -$947               $0             -$947    15.03%
SS10705     Maylands Library                        -$12,850      -$1,535               $0           -$1,535    11.94%
SS10710     Morley Library                          -$26,150      -$1,691               $0           -$1,691     6.47%
SS10801     Other Recreation & Sport                -$97,776     -$59,940               $0          -$59,940    61.30%
SS10805     Embleton Golf Course                   -$425,000     -$27,861               $0          -$27,861     6.56%
SS10810     Maylands Golf Course                 -$1,125,000     -$64,463               $0          -$64,463     5.73%
SS11000     Community Programmes                   -$147,500        -$150               $0             -$150     0.10%
SS11105     Bayswater Senior Citizens                -$9,500      -$1,419               $0           -$1,419    14.94%
SS11106     Morley Senior Cits                      -$20,200        -$936               $0             -$936     4.64%
SS11107     Maylands Autumn Ctre                     -$8,000           $0               $0                $0     0.00%
SS11110     Bayswater Podiatry                      -$23,400      -$1,171               $0           -$1,171     5.00%
SS11111     Morley Podiatry                         -$34,000      -$2,344               $0           -$2,344     6.89%
SS11112     Maylands Podiatry                        -$9,500        -$728               $0             -$728     7.66%
SS11115     Community Housing                        -$1,000      -$1,427               $0           -$1,427   142.66%
SS11130     Community Bus                            -$3,000           $0               $0                $0     0.00%
SS11145     Other Community Services                -$11,000           $0               $0                $0     0.00%
SS11201     Pre-Schools                             -$32,000           $0               $0                $0     0.00%
SS11210     Other Admin & Comm Service              -$20,000     -$26,788               $0          -$26,788   133.94%
SS11300     HACC Program - Assessment              -$174,128           $0               $0                $0     0.00%
SS11301     Meals on Wheels                        -$305,000     -$17,962               $0          -$17,962     5.89%
SS11302     Adult Day Services                     -$240,000      -$2,085               $0           -$2,085     0.87%
SS11303     Aged in Home Care                      -$268,500      -$3,054               $0           -$3,054     1.14%
SS11305     BLIS                                   -$153,000      -$1,276               $0           -$1,276     0.83%
SS11306     Social Support Prg                     -$255,300        -$560               $0             -$560     0.22%
SS11307     HACC Program Transport                 -$179,000        -$798               $0             -$798     0.45%
SS11308     Food Preparation                       -$105,300        -$965               $0             -$965     0.92%
SS11310     Counselling Support                     -$80,000           $0               $0                $0     0.00%
SS11311     Client Care                             -$11,000           $0               $0                $0     0.00%
SS10800     Recreation & Sport                     -$272,570     -$16,027               $0          -$16,027     5.88%
SS11115     Community Housing                       -$61,700      -$5,350               $0           -$5,350     8.67%
SS11120     Rental Council Properties               -$12,700      -$2,092               $0           -$2,092    16.47%
SS11200     Education                                     $0      -$8,254               $0           -$8,254
SS11201     Pre-Schools                                   $0       $3,475               $0            $3,475
Total Operating Income                         -$7,427,709     -$447,638                $0       -$447,638         6.03%




                                                  Page 204
ORDINARY COUNCIL MEETING MINUTES                                                                 24 AUGUST 2010


                        BUDGET 2009-2010
              ADMINISTRATION & COMMUNITY SERVICES
                                              31-July-2010
                                                                    1
                                                                                             % OF YEAR              8.49%
Description                                 Revised Budget        Actual      Committed           Total        %

Operating Expenditure


SS10300     General Administration                   $1,021,483     $62,295        $28,990           $91,285        8.94%
SS10301     Records Administration                     $375,281     $18,485         $6,704           $25,189        6.71%
SS10400     Rangers                                   $269,255      $18,676         $1,079           $19,755        7.34%
SS10405     Security Watch                           $1,013,000     $62,986        $12,619           $75,605        7.46%
SS10410     Animal Control                             $225,826     $15,644           $581           $16,224        7.18%
SS10420     Parking Facilities                         $198,696     $15,435         $1,045           $16,480        8.29%
SS10600     Bayswater Waves                          $3,221,193    $192,662        $53,384          $246,046        7.64%
SS10610     Maylands Waterland                         $158,403          $0        $12,636           $12,636        7.98%
SS10700     Bayswater Library                          $418,632     $27,588         $8,088           $35,676        8.52%
SS10705     Maylands Library                           $439,853     $27,294         $6,073           $33,367        7.59%
SS10710     Morley Library                             $782,184     $51,349        $13,797           $65,146        8.33%
SS10750     Maylands Multipurpose Centre                $20,000          $0             $0                $0        0.00%
SS10800     Recreation & Sport                           $5,700        -$98         $2,204            $2,106       36.95%
SS10801     Other Recreation & Sport                   $586,516     $34,048        $11,099           $45,147        7.70%
SS10805     Embleton Golf Course                       $123,950     -$3,435             $0           -$3,435       -2.77%
SS10810     Maylands Golf Course                       $128,000     -$5,042             $0           -$5,042       -3.94%
SS11000     Community Programmes                       $380,000     $13,518        $63,320           $76,838       20.22%
SS11100     Community Services Administr               $185,510      $7,889         $2,589           $10,478        5.65%
SS11105     Bayswater Senior Citizens                   $45,980      $3,436             $0            $3,436        7.47%
SS11106     Morley Senior Cits                          $45,317      $3,406             $0            $3,406        7.52%
SS11107     Maylands Autumn Ctre                        $43,653      $3,276             $0            $3,276        7.50%
SS11110     Bayswater Podiatry                          $22,480        -$20         $4,486            $4,466       19.87%
SS11111     Morley Podiatry                             $21,000        $873         $5,064            $5,936       28.27%
SS11112     Maylands Podiatry                           $18,800          $0         $1,934            $1,934       10.29%
SS11115     Community Housing                           $62,875     $13,565           $350           $13,915       22.13%
SS11125     Youth Services                             $199,500         $39        $14,054           $14,092        7.06%
SS11130     Community Bus                               $29,400      $2,062           $186            $2,248        7.64%
SS11140     Community Events                           $136,500          $0         $2,931            $2,931        2.15%
SS11145     Other Community Services                    $11,000      $1,048             $0            $1,048        9.53%
SS11200     Education                                   $13,210          $0             $0                $0        0.00%
SS11210     Other Admin & Comm Service                  $15,450          $0         $4,985            $4,985       32.27%
SS11300     HACC Program - Assessment                  $211,449     $17,329             $0           $17,329        8.20%
SS11301     Meals on Wheels                            $340,562      $7,840        $22,046           $29,886        8.78%
SS11302     Adult Day Services                         $270,672     $10,746         $1,631           $12,377        4.57%
SS11303     Aged in Home Care                         $307,670      $16,927            $55           $16,981        5.52%
SS11305     BLIS                                       $188,604     $10,573           $469           $11,042        5.85%
SS11306     Social Support Prg                          $79,711      $3,762             $0            $3,762        4.72%
SS11307     HACC Program Transport                    $105,162       $7,008           $980            $7,988        7.60%
SS11308     Food Preparation                           $123,822      $6,318             $0            $6,318        5.10%
SS11310     Counselling Support                         $77,068      $3,300           $136            $3,436        4.46%
SS11311     Client Care                                 $66,508      $2,490           $136            $2,626        3.95%
SS18030     Bayswater Waves - Furniture &                  $100          $0             $0                $0        0.00%
Maintenance Costs

Total Operating Expenditure                       $11,989,975     $653,273       $283,650         $936,922          7.81%




Total Admin & Community                            $4,602,656     $205,635       $283,650         $489,284
Services




                                                      Page 205
ORDINARY COUNCIL MEETING MINUTES                                                                                                                        24 AUGUST 2010



                 ADMINISTRATION & COMMUNITY SERVICES

                                                                     OPERATING INCOME




      8000000

      7000000

      6000000
                                                                                                                                               Budget
      5000000
                                                                                                                                               Progressive Actual
      4000000

      3000000                                                                                                                                  Straight Line

      2000000

      1000000

            0
                          AUG




                                                 OCT




                                                                                         FEB

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                 JULY




                                    SEP




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                                                                         D EC

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      16000000                                                OPERATING EXPENDITURE


      14000000

                                                                                                                                                    Budget
      12000000

                                                                                                                                                    Straight Line
      10000000

                                                                                                                                                    Progressive Actual
       8000000


       6000000


       4000000


       2000000


            0
                                          SEP




                                                                         JAN

                                                                                                    FE B
                   JULY

                             AUG




                                                        OCT

                                                                    NOV

                                                                         DEC




                                                                                                                MAR

                                                                                                                         APR

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                                                                             Page 206
ORDINARY COUNCIL MEETING MINUTES                                                                             24 AUGUST 2010


CAPITAL WORKS PROGRAMME PREVIOUS YEARS
                     AS AT     31 July 2010
Cap Ex   Natural Ac                Description                   Revised Budget   Actual        Committed        Total        %


Administration & Community Services
Sub Section: SS18020 - Recreation Development
D11700   6999         Frank Drago Pitch and Lighting upgrade              6,000             0                             0       0.00%
E11400   6999         Dirt Jump Maintenance/Audit                             0             0                             0
E11800   6999         Trim Trail Equipment                                    0             0                             0
E12100   6999         Riverside Gardens - Exercise Stations                   0             0                             0

         Sub Total                                                       $6,000            $0               $0           $0       0.00%


Sub Section: SS18070 - Public Open Space Capital Development
C17100   6999         POS Silverwood Reserve                              1,029             0                0            0       0.00%
C17500   6999         POS Puntie Cres Reserve                             4,881             0                0            0       0.00%
C17600   6999         POS Anchorage Park Resv                               524             0                0            0       0.00%

         Sub Total                                                       $6,434            $0               $0           $0       0.00%


Sub Section: SS20180 - Security Services
E25300   6999         2 x Bollard camera packs inclusive of in           22,387             0                0            0       0.00%

         Sub Total                                                      $22,387            $0               $0           $0       0.00%




            Total                                                      $34,821             $0               $0           $0       0.00%




                                                                     Page 207
ORDINARY COUNCIL MEETING MINUTES                                                            24 AUGUST 2010


Capital Works Expenditure as at 31 July 2010
                                                                                                              %
Description                                                Revised Budget   Actuals   Commtiments    Total Variance

Division: 10 - Administration & Community Services

SS18000 - Furniture & Equipment

F10000 - Honour Board                                               4,920         0             0        0      0%

                                               Sub Total           4,920          0             0       0       0%

SS18015 - Ranger & Security Services

F10200 - Dog Exercise Signs City Wide                               1,667         0             0        0      0%

                                               Sub Total           1,667          0             0       0       0%

SS18020 - Recreation Development

F10800 - Playground Upgrades                                           0     1,043          1,043    2,086      0%
F10900 - Bayswater Bowling Club                                    5,000         0              0        0      0%
F11200 - Maylands Bowling Club                                     3,500         0              0        0      0%
F11300 - Noranda Sporting Complex                                 15,000         0          5,400    5,400     36%
F11400 - Houghton Reserve                                         27,500         0         11,920   11,920     43%
F11500 - Robert Thompson Reserve                                  30,300       250         18,240   18,490     61%

                                               Sub Total          81,300     1,293         36,602   37,896     47%


SS20150 - Community Services - Capital

F33800 - Noranda Senior Citizens Feasibility                      10,000          0             0
                                               Sub Total          97,887     1,293         36,602   37,896     39%

SS20190 - Maylands Waterland - Equipment

F12500 - Mini Golf                                                      0         0           234
                                               Sub Total          92,967     1,293         36,837   37,896     41%



              Administration & Community Services Total           97,887     1,293         36,837   37,896     39%




                                                 Page 208
ORDINARY COUNCIL MEETING MINUTES                                                                                                                   24 AUGUST 2010



                           PLANNING & DEVELOPMENT SERVICES


                                PLANNING & BUILDING ORDINARY INCOME
                                       (Excludes Capital Income)



     1200000



     1000000



      800000
                                                                                                                                          Budget
                                                                                                                                          Straight Line
      600000                                                                                                                              Progressive Actual



      400000



      200000



              0
                             AUG




                                                  OC T




                                                                                          FE B


                                                                                                      MAR
                    JULY




                                       SEP




                                                             NOV


                                                                        DEC


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                                                             OPERATING EXPENDITURE




    1800000

    1600000

    1400000
                                                                                                                                            Budget
    1200000
                                                                                                                                            Straight Line
    1000000                                                                                                                                 Progressive Actual

     800000

     600000

     400000

     200000

         0
                           AUG




                                                  OCT




                                                                                           FE B


                                                                                                       MAR
                  JULY




                                      SEP




                                                             NOV


                                                                        DEC


                                                                                JAN




                                                                                                                  APR


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                                                                           Page 209
ORDINARY COUNCIL MEETING MINUTES                                                                                    24 AUGUST 2010


CAPITAL WORKS PROGRAMME PREVIOUS YEARS
                     AS AT     31 July 2010
Cap Ex   Natural Ac                Description              Revised Budget     Actual              Committed      Total         %
Planning & Development Services

Sub Section: SS19020 - Building Construction/Upgrades

D35900   6999         Strutt Way Resv                               13,091                    0              0              0       0.00%
D36400   6999         Claughton Reserve Reserve - Toilets           30,537                    0              0              0       0.00%
E11100   6999         Halliday Reserve upgrade                     206,655                    0            345            345       0.17%

E16000   6999         Building Audit                                13,220                 9,255         17,138       26,393    199.65%

         Sub Total                                                $263,503                $9,255        $17,484      $26,739        10.15%


Sub Section: SS19030 - Major Capital Works
C32300   6999         Henley Brook - Consulting                    100,722                    0           4,000        4,000         3.97%
D12600   6999         Town Planning Schemes                         46,182                    0          37,000       37,000        80.12%

         Sub Total                                                $146,904                   $0         $41,000      $41,000        27.91%




            Total                                               $410,407                $49,645       $58,484      $67,739      16.51%




                                                                    Page 210
ORDINARY COUNCIL MEETING MINUTES                                                                                                     24 AUGUST 2010


Capital Works Expenditure as at 31 July 2010


       1                                                                                     31 July
                                                                                                                                                                      %
Description                                                                                              Budget     Revised Budget   Actuals   Commtiments   Total Variance

Division: 20 - Planning & Development Services

SS19010 - Bayswater Waves Building Improvements

G17000 Bayswater Waves                      Replacement of carpets to upper level of gym                  18,000            18,000         0             0      0        0%
G17100                                      Installation of new lap time clock                             1,500             1,500         0             0      0        0%
G17200                                      Hydro Therapy Pool Toilets Upgrade                                 0                 0         0             0      0        0%
G17300                                      Gym Floor                                                     20,000            20,000         0             0      0        0%
G17400                                      Installation of automatic doors to gym entranc                11,500            11,500         0             0      0        0%

Sub Total                                                                                               $51,000           $51,000        $0             $0     $0       0%

SS19020 - Building Construction/Upgrades

G14000      96 Slade Street                Upgrade kitchen facility                                        17,000           17,000         0             0      0        0%
G14100      Bayswater Bowling Club         Replace carpets                                                 20,000           20,000         0             0      0        0%
G14200      Bayswater Bowling Club         Kitchen upgrade                                                 35,000           35,000         0             0      0        0%
G14300      Bayswater Petanque Club        Replace two (2) cracked kitchen bench tops                       6,500            6,500         0             0      0        0%
G14400      Carramar Community Centre Kitchen upgrade                                                      10,000           10,000         0             0      0        0%
G14500      Depot                          Communication shed                                              25,000           25,000         0             0      0        0%
G14600      Dog Pound                      Insulation of ceiling to kennel area                             8,000            8,000         0             0      0        0%
G14700      Halliday House                 Provide roller door to outbuilding and gutter gu                10,000           10,000         0             0      0        0%
G14800      Hampton Park Kindergarten      Replace ceiling                                                  7,000            7,000         0             0      0        0%
G14900      Maylands Autumn Centre         Replacement of floor covering                                   35,000           35,000         0             0      0        0%
G15000      Maylands Autumn Centre         Internal painting of the Centre                                 15,000           15,000         0             0      0        0%
G15100      Maylands Sportsman Club        Drainage to playing Green                                            0                0         0             0      0        0%
G15200      96 Slade Street                Provide new shelter to replace deteriorated pa                  12,000           12,000         0             0      0        0%
G15300      Tara Street Centre             Replacement of existing dangerous shelter                       15,000           15,000         0             0      0        0%
G15400      Upper Hillcrest                Replacement of external doors                                   10,000           10,000         0             0      0        0%
G15500      Bayswater Senior Citizens      Floor cover to store                                             4,500            4,500         0             0      0        0%
G15600      Bayswater Senior Citizens      Hairdresser equipment                                            2,500            2,500         0             0      0        0%
G15700      Bedford Bowling Club           Replace perimeter fencing                                       19,000           19,000         0             0      0        0%
G15800      Bedford Bowling Club           Upgrade power board and rewire buildings                        80,000           80,000         0             0      0        0%
G15900      Maylands Autumn Centre         External paving                                                 10,000           10,000         0             0      0        0%
G16000      Depot                          Upgrade                                                              0                0         0             0      0        0%
G16100      Bayswater Senior Citizens      Dishwasher                                                       2,000            2,000         0             0      0        0%
G16200      Bayswater Bowling Club         Airconditioningto kitchen                                        6,000            6,000         0             0      0        0%
G16300      Drill Hall                     Installation of reverse cycle air conditioning                  50,000           50,000         0             0      0        0%
G16400      Filipino Club                  Installation of reverse cycle air conditioning                  30,000           30,000         0             0      0        0%
G16500      Maylands Multipurpose Centre Construction and fitout of new facility                        9,714,152        9,714,152         0             0      0        0%
G16600      Sensis Building                Fitout                                                         800,000          800,000         0             0      0        0%
G16700      Robert Street Out of School Ca Provide water fountain and children's hardstan                  10,000           10,000         0             0      0        0%
G33400      Les Hansman - Building Works                                                                  285,000          285,000         0             0      0        0%
G33500      Morley Sport & Rec - Emergency Power Upgrade                                                   17,000           17,000         0             0      0        0%

Sub Total                                                                                          $11,255,652       $11,255,652         $0             $0     $0       0%
SS19030 - Major Capital Works
G13500 Bayswater Town Centre Heritage Trail                                                               25,000            25,000         0             0      0        0%
G13600 Car Parking Strategy        Maylands Bayswater Train Precincts                                          0                 0         0             0      0        0%
G13700 Aviation Park                                                                                      53,524            53,524         0             0      0        0%
G13800 Albion                                                                                            200,000           200,000         0             0      0        0%

Sub Total                                                                                              $278,524         $278,524         $0             $0     $0        0%

Planning & Development Services Total                                                              $11,585,176       $11,585,176         $0             $0     $0       0%




                                                                        Page 211
ORDINARY COUNCIL MEETING MINUTES                                                                    24 AUGUST 2010



                            DIVISIONAL BUDGET 2010-2011
                                TECHNICAL SERVICES
                                                                       1

                                                  31-Jul-10                   31                % OF YEAR          8.49%



Description                                     Budget 2008/2009           Actual   Committed     Total        %




Income

SS11905       Health - Other                             -12,600            -12            0             -12     0.09%
SS11906       Sustainable Environment Service           -150,117              0            0               0     0.00%
SS11910       BVES                                       -50,600        -11,273            0         -11,273    22.28%
SS11915       Prevent SVC. Immunisation                  -20,000              0            0               0     0.00%
SS11916       Prevent SVC. Administration                -80,248         -4,952            0          -4,952     6.17%
SS12000       Public Works                                     0           -920            0            -920
SS12100       Tech Serv Administration                    -2,000              0            0               0     0.00%
SS12110       Other Technical Services                -1,902,429        -37,386            0         -37,386     1.97%
SS13200       Sanitation - Domestic                   -7,082,480     -7,623,821            0      -7,623,821   107.64%
SS13205       Recycling                                 -506,200              0            0               0     0.00%
SS13206       Sanitation - Commercial                   -394,744       -419,175            0        -419,175   106.19%
SS13900       GIS                                         -1,591            -39            0             -39     2.46%

                           SUB TOTAL    -$10,203,009               -$8,097,577            $0    -$8,097,577    79.36%
Expenditure
100      General Maintenance                3,077,914                  178,079        147,900       325,979     10.59%
300      Median Maintenance                   508,285                   13,258              0        13,258      2.61%
400      Grounds Maintenance                4,792,972                  356,403        231,612       588,015     12.27%
540      Verges                               260,400                   15,115            155        15,269      5.86%
560      Roundabouts                          170,797                    8,092              0         8,092      4.74%
570      Entry Statements                       8,160                    2,839            155         2,994     36.69%
580      Environmental Maintenance Res              0                       93              0            93
SS10805 Embleton Golf Course                        0                        0            166           166
SS10820 Golf Courses - Plant Costs Embl        29,465                      719            400         1,119        3.80%
SS10825 Golf Course Plant Cost - Maylan        43,669                    2,809            828         3,637        8.33%
SS11600 Other                                       0                    1,274          3,572         4,845
SS11610 TennisCourt/Wicket                     11,050                      786              0           786      7.11%
SS11905 Health - Other                        110,300                    4,072         41,544        45,616     41.36%
SS11906 Sustainable Environment Service       546,110                   14,317         36,528        50,845      9.31%
SS11910 BVES                                   48,400                        0              0             0      0.00%
SS11911 Mat&Infant Hlth Ctres                   4,000                      280              0           280      7.01%
SS11915 Prevent SVC. Immunisation              84,428                    3,106          1,920         5,026      5.95%
SS11916 Prevent SVC. Administration           802,727                   51,859            179        52,038      6.48%
SS12000 Public Works                          -17,320                  -42,349         25,000       -17,349    100.17%
SS12001 Plant Operation                        17,320                  -14,023          9,993        -4,029    -23.26%
SS12100 Tech Serv Administration              663,385                   46,008          4,006        50,014      7.54%
SS12101 Depot                                 135,475                    6,433            545         6,979      5.15%
SS12110 Other Technical Services               50,000                    1,134              0         1,134      2.27%
SS13200 Sanitation - Domestic               6,955,250                  511,404              0       511,404      7.35%
SS13205 Recycling                             504,700                   41,790              0        41,790      8.28%
SS13206 Sanitation - Commercial               378,214                   30,794              0        30,794      8.14%
SS13207 Litter Control                        340,121                   24,192          3,832        28,025      8.24%
SS13208 Environmental Maintenance              36,500                    3,900          3,700         7,600     20.82%
SS13900 GIS                                   353,004                   32,355          8,156        40,511     11.48%
Maintenance Costs

                               SUB TOTAL          $19,915,326      $1,294,738       $520,191    $1,814,929      9.11%



TOTAL TECHNICAL SERVICES                           $9,712,317      -$6,802,840      $520,191    -$6,282,649    -64.69%




                                                          Page 212
ORDINARY COUNCIL MEETING MINUTES                                                                                  24 AUGUST 2010



                                            TECHNICAL SERVICES

                                              OPERATING EXPENDITURE
      25000000




      20000000




                                                                                                                         Budget

      15000000                                                                                                           Progressive
                                                                                                                         Actual
                                                                                                                         Straight Line



      10000000




       5000000




            0
                 JULY


                        AUG


                               SEPT


                                           OCT


                                                   NOV


                                                            DEC


                                                                      JAN


                                                                                FEB


                                                                                           MAR


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                                                   Page 213
ORDINARY COUNCIL MEETING MINUTES                                                                        24 AUGUST 2010


CAPITAL WORKS PROGRAMME PREVIOUS YEARS
                     AS AT     31 July 2010
Cap Ex   Natural Ac               Description               Revised Budget   Actual            Committed      Total        %
Technical Services



Sub Section: SS20030 - Base Grant Road Reconstruction

D20900   6999         Kirkham Hill Tce                              20,980             9,369         85,456       94,825   451.98%
E19200   6999         Coode St (Extra Funds)                             2                 0              0            0     0.00%
E19300   6999         Thomas St ROW Lighting                        15,000                 0              0            0     0.00%

         Sub Total                                                 $35,982            $9,369        $85,456      $94,825   263.54%

C78900   6999         Parks Development-Gobba Lake 05/06            13,176              600          12,096       12,696       96.36%
C92800   6999         Maylands Foreshore                            43,782                0               0            0        0.00%
E22500   6999         Aviation Park                                 10,000                0               0            0        0.00%
E22600   6999         Kelvin,Swanview Lookout                       16,000                0               0            0        0.00%

         Sub Total                                                 $82,958             $600         $12,096      $12,696       15.30%



C78100   6999         Parks Development-Foreshore Restora           54,296                0               0            0     0.00%
D31400   6999         Lightning Swamp                               43,815                0               0            0     0.00%
D31700   6999         Tranby                                        20,111                0               0            0     0.00%
D36600   6999         Chisolm College                               42,792                0               0            0     0.00%
E23800   6999         Bayswater Brook                               93,132                0               0            0     0.00%
E24000   6999         Eric Singleton Bird Sanctuary                 14,503                0          19,544       19,544   134.76%
E25400   6999         Swan Lake Restoration Project                 49,587                0               0            0     0.00%
E33800   6999         Lighting Swamp - Boardwalk                    60,000                0               0            0     0.00%

         Sub Total                                                $378,236               $0         $19,544      $19,544       5.17%



D31100   6999         Kirkham Hill Tce/Elizabeth                    15,000             3,017          2,265        5,283       35.22%
D31300   6999         Russell/Catherine R/B                         78,777                 0              0            0        0.00%
D35700   6999         Kirkham Hill Tce/Watson Place                 30,000             5,300          6,539       11,839       39.46%

         Sub Total                                                $123,777            $8,317         $8,805      $17,122       13.83%



C91200   6999         Claughton Reserve Jetty/Car Park              54,124                0          21,447       21,447       39.63%
D12900   6999         Administration Centre                         75,064                0           3,909        3,909        5.21%

         Sub Total                                                $129,188               $0         $25,356      $25,356       19.63%




                                                              Page 214
ORDINARY COUNCIL MEETING MINUTES                                                                            24 AUGUST 2010


CAPITAL WORKS PROGRAMME PREVIOUS YEARS
                     AS AT     31 July 2010
Cap Ex   Natural Ac               Description              Revised Budget   Actual             Committed        Total        %
Technical Services
Sub Section: SS20120 - Works Bfwd Technical Services Grants

C59500   6999         Claughton Res-Access Rd 05/06                25,999                  0               0            0        0.00%

         Sub Total                                                $25,999                 $0               $0           $0       0.00%




Sub Section: SS20130 - Works Bfwd Other Technical Services

C92400   6999         Riverside Gardens Jetty - 05/06             100,300                  0               0            0        0.00%
C92500   6999         Transby House Jetty - 05/06                  87,295                  0               0            0        0.00%

         Sub Total                                               $187,595                 $0               $0           $0       0.00%




Sub Section: SS20135 - Golf Course Development - Embleton

D33400   6999         Replacement Green Keepers Shed               99,786                  0                            0        0.00%

         Sub Total                                                $99,786                 $0               $0           $0       0.00%




Sub Section: SS20165 - Golf Course Development - Maylands Peninsula

D34100   6999         Lift Bottom Tier 5 th Green                  16,160                  0               0            0        0.00%
D34200   6999         Fence Storage Compound Survey Boun           12,100                  0               0            0        0.00%
D34300   6999         Reticulation Upgrade                         15,000                  0               0            0        0.00%

         Sub Total                                                $43,260                 $0               $0           $0       0.00%




Sub Section: SS20170 - Public Open Space - Tech Services

C17800   6999         POS Gobba Lake                               67,070                  0               0            0        0.00%

         Sub Total                                                $67,070                 $0               $0           $0       0.00%




            Total                                             $1,173,851             $99,066     $151,257       $169,544     14.44%




                                                               Page 215
ORDINARY COUNCIL MEETING MINUTES                                                                                           24 AUGUST 2010


Capital Works Expenditure as at 31 July 2010

                     1
                                                                                                                                         %
Description                                                                   Revised Budget       Actuals   Commtiments        Total Variance

Division: 30 - Technical Services

SS12000 - Public Works

233700                    Overheads                                                        0           255             0         255          0%

              Sub Total                                                                  $0          $255             $0        $255          0%
SS20000 - Arterial Road Construction

G18200                    King William Road - WhResurfacing                           60,000             0             0           0          0%
G18300                    Beechboro Rd Sth - Co Resurfacing                           47,000             0             0           0          0%

              Sub Total                                                           $107,000             $0             $0          $0          0%
SS20010 - Black Spot

G18400                    Walter Wellington Right Turn Arrow                         200,000             0             0           0          0%

              Sub Total                                                           $200,000             $0             $0          $0          0%
SS20015 - Other Road Construction

G18000                    Wellington Road DuplicCoventry Development               1,750,000             0             0           0          0%
G21800                    Stuart/Alma/Crawford/YUpgrading ROWs                        80,000             0             0           0          0%
G21900                    Stuart/Alma/Crawford/RUpgrading ROWs                        90,000             0             0           0          0%

              Sub Total                                                         $1,920,000             $0             $0          $0          0%
SS20020 - Other Road Grants

G18100                     King William Road - WhResurfacing                             100,298               0            0             0        0%

              Sub Total                                                               $100,298               $0            $0            $0        0%
SS20030 - Base Grant Road Reconstruction

G18500                     Adelphi St (Shaftesbury to Hester)                             34,800               0            0             0        0%
G18600                     Hester (Adelphi to Coode)                                      29,000               0            0             0        0%
G18700                     Haddril St (Hester to Coode)                                   21,750               0            0             0        0%
G18800                     Lawrence St ( Belham to Patterson)                             10,150               0            0             0        0%
G18900                     Mirador Pl                                                     24,650               0            0             0        0%
G19000                     Bunya Rd- COS                                                   9,450               0            0             0        0%
G19100                     Roberts St (Whatley to Almondbury)                             55,100               0            0             0        0%
G19200                     Smith (Light to Wellingt 50% Contribution to Cit               98,000               0            0             0        0%
G19300                     Central Ave (Peninsula to Elizabeth)                           56,000               0            0             0        0%
G19400                     Ferguson St (Whatley to Guildford)                             56,550               0            0             0        0%
G19500                     Second Ave (Whatley to Guildford)                              10,580               0            0             0        0%
G19600                     Bunya Rd (Widgee to B50% Cont to City of Stir                  68,000               0            0             0        0%
G19700                     Clavering Rd (Durham to Railway)*                              15,120               0            0             0        0%
G19800                     Tuart Pl (Bottlebrush to Cul-de-sac)                           15,950               0            0             0        0%
G19900                     Peppermint Pl (Bottlebrush to Cul-de-sac)                      17,690               0            0             0        0%
G20000                     Marri Ct                                                        4,200               0            0             0        0%
G20100                     Rivergum Pl                                                    15,220               0            0             0        0%
G20200                     Myrtle Ct                                                       2,320               0            0             0        0%
G20300                     Hinsley Pl                                                     10,000               0            0             0        0%
G20400                     Grose Wy                                                       36,400               0            0             0        0%
G20600                     Donahue Cl                                                      8,260               0            0             0        0%
G20700                     Hadley Pl                                                       8,120               0            0             0        0%
G20800                     Keane Ct                                                       12,900               0            0             0        0%
G20900                     Mcness Ct                                                      13,500               0            0             0        0%
G21000                     Key Pl                                                          5,220               0            0             0        0%
G21100                     Bower Pl                                                        5,510               0            0             0        0%
G33600                     Gullan Close                                                   27,700               0            0             0        0%

              Sub Total                                                               $672,140               $0            $0            $0        0%
SS20040 - Roads to Recovery

G20500                     Millerick Wy                                                   73,080               0            0             0        0%
G21200                     Bath Rd (Morley To Walter)                                     92,220               0            0             0        0%
G21300                     Irwin Rd (Collier to Broadway)                                 56,110               0            0             0        0%
G21400                     Bottlebrush Dr (Benara to Boundary)                            69,600               0            0             0        0%
G21600                     Hollister Wy                                                   66,700               0            0             0        0%
G21700                     Gough Pl                                                       13,117               0            0             0        0%

              Sub Total                                                               $370,827               $0            $0            $0        0%




                                                                    Page 216
ORDINARY COUNCIL MEETING MINUTES                                                                          24 AUGUST 2010


                                                                                                                                 %
Description                                                                 Revised Budget   Actuals   Commtiments      Total Variance


SS20050 - Footpath/Slab Replacement Programme

G22000                    Bayview                 Drake Street                      15,372         0             0          0       0%
G22100                    Catherine Street        Roseberry to Salisbury            13,048         0             0          0       0%
G22200                    Kelvin Street                                              9,072         0             0          0       0%
G22300                    PAW - Various                                                  0         0             0          0       0%
G22400                    Seventh                 Kerbline at Seventh Ave              403         0             0          0       0%
G22500                    Veitch                  Crossover at 3 Veitch S            8,344         0             0          0       0%
G22600                    View Street             Fourth to Central                 18,820         0             0          0       0%
G22700                    Maylands Yacht Club                                       10,000         0             0          0       0%
G22800                    Sixth Ave               Penninsular                       15,000         0             0          0       0%
G22900                    Hubert                  No 8                               5,000         0             0          0       0%
G23000                    Illingbridge-Spruce To Emberson-New Path Dis              24,000         0             0          0       0%
G23100                    Gummery/Clement Sts-New Path- Disabled                    55,745         0             0          0       0%
G23200                    Disability Acess Morley                                   20,255         0             0          0       0%
G23500                    Clarkson Reserve/Mayl Replace Irrigation Syste                 0         0             0          0       0%

              Sub Total                                                         $195,059         $0             $0         $0       0%




SS20060 - Parks Development

G24300                    Install Park Shelters - Several Locations                 30,000         0             0          0       0%
G24400                    Pat O'Hara Reserve       Reserve and car park u           20,000         0             0          0       0%
G24500                    Hollett Reserve                                                0         0             0          0       0%
G24600                    Strutt Reserve           Garden improvements              10,000         0             0          0       0%
G24700                    Coode Street             Streetscape                      13,100         0             0          0       0%
G24800                    Hollett Reserve                                           43,000         0             0          0       0%
G24900                    Rose Avenue Park         Community Park Devel             20,000         0             0          0       0%

              Sub Total                                                         $136,100         $0             $0         $0       0%
SS20061 - Bore & Reticulation Development

G23400                    Waltham Reserve      Replace Irrigation Syste             97,000       524         10,903     11,426     12%
G23600                    Beaufort Park        Replace Irrigation Syste             45,000         0              0          0      0%
G24000                    Bore Cubicle ReplacemReplace redundant/dan                55,000       682         17,045     17,727     32%
G24100                                         Inspect bore pumps to
                          Bore Pump Inspection P                                    80,000         0          5,310      5,310      7%
G24200                    Turbine Replacement PKirkpatrick Reserve, Cr             225,000       129         15,743     15,872      7%

              Sub Total                                                         $502,000     $1,335        $49,000    $50,335      10%
SS20070 - Environmental Development

G25300                    Baigup Wetland Rehabilitation Project                     50,000         0             0          0       0%
G25400                    Bath Street Foreshore Stabilisation                      238,117         0             0          0       0%
G25500                    Solar Cities           Maylands Multipurpose               4,000         0             0          0       0%

              Sub Total                                                         $292,117         $0             $0         $0       0%
SS20080 - Traffic Management

G25000                    Traffic Management    General                             20,000         0              0          0      0%
G25100                    TMP Paving                                                20,000         0          8,356      8,356     42%
G25200                    Traffic Management Study                                 100,000         0              0          0      0%

              Sub Total                                                         $140,000         $0         $8,356     $8,356       6%




                                                               Page 217
ORDINARY COUNCIL MEETING MINUTES                                                               24 AUGUST 2010


SS20110 - Other Technical Services Capital

G23700                 Entry Statements                                   20,000          0           0           0    0%
G25600                 PAW Gates and various reserve lighting              8,000          0           0           0    0%
G25800                 Street Sign Upgrade                                40,000          0           0           0    0%
G31800                 Bus Shelters                                       72,000          0           0           0    0%
G31900                 Sundry Works                                       20,000          0           0           0    0%
G32000                 Street Lighting                                    80,000      1,827      13,223      15,050   19%
G32100                 Crossovers                                        420,000     10,257      18,982      29,239    7%
G32300                 Golf Course Development                           100,000          0           0           0    0%
G32400                 WAAMI Programme                                    15,000          0           0           0    0%
G32500                 Replace Lighting at Clarkson Reseve Carpark        40,000          0           0           0    0%

           Sub Total                                                  $815,000     $12,084     $32,205     $44,289    5%




SS20140 - Health Dept Capital

G32600                 Environmental Health Replace vaccine fridge         9,000         0           0           0    0%
G32800                 Environmental Health Noise Meter                   25,000         0           0           0    0%

           Sub Total                                                   $34,000          $0          $0          $0    0%


SS20160 - Plant & Equipment

G33000                 Plant Replacement                               1,814,500      4,950     168,996     173,946   10%

           Sub Total                                                 $1,814,500     $4,950    $168,996    $173,946    10%


SS20200 - GIS Capital

G33100                 GPS Fleet devices programme                        20,000         0           0           0    0%
G33200                 Purchase of a Spatial Development Server           10,000         0           0           0    0%
G33300                 Purchase Wide Format Printer                       83,000         0           0           0    0%

           Sub Total                                                  $113,000          $0          $0          $0    0%




Technical Services Total                                             $7,412,041    $18,623    $258,557    $277,180    4%




                                                          Page 218
ORDINARY COUNCIL MEETING MINUTES                                                                      24 AUGUST 2010


                                         FINANCIAL SERVICES
                                                                               1

                                                 BUDGET 2010-2011

                                                  31-July-2010
                                                              31                                    % OF YEAR               8.49%
Description                                       Revised Budget          Actual   Committed          TOTAL            %


Operating Income


235700        Galleria Morley Shop                         -700              -55                0             -$55       7.87%
235600        Financial Services Administratio         -355,000          -21,937                0         -$21,937       6.18%
235813        Levy                                  -25,059,778      -25,067,580                0     -$25,067,580     100.03%
235912        Minimums                               -3,557,720       -3,556,433                0      -$3,556,433      99.96%
236012        Interims                                 -308,000                0                0               $0       0.00%
236100        Other Rates                              -315,000           -4,927                0          -$4,927       1.56%
236300        Morley Sport & Rec Centre                 -18,100                0                0               $0       0.00%
250000        Other Financial Services               -2,353,656          -55,177                0         -$55,177       2.34%

                                                 -$31,967,954      -$28,706,110                $0   -$28,706,110       89.80%




Total Revenue                                    -$31,967,954      -$28,706,110                $0   -$28,706,110       89.80%


Operating Expenditure



235700        Insurance                                 443,300          36,938                 0         $36,938          8.33%
250100        Workers Comp Premium                       16,483           1,372                 0          $1,372          8.32%

                                                      $459,783          $38,310                $0

201201        EDP - General                             160,191           6,267           7,386           $13,654           8.52%
201202        EDP - Communication                         6,500               0           2,094            $2,094          32.21%
201101        EDP - Eastern Metro Regional C             31,627               0               0                $0           0.00%
235700        Galleria Morley Shop                      132,822           8,822             924            $9,746           7.34%
F11402        Computer Services                         866,878         117,954         107,841          $225,795          26.05%
F11902        Financial Services Administratio        1,518,686          91,646           2,590           $94,236           6.21%
F14400        Rates                                     314,301          21,383           6,301           $27,684           8.81%
999700        Stock Clearing Accounts                         0           3,473          10,909           $14,381
252400        Other Financial Services                  258,217          55,381             895           $56,276          21.79%
201501        Fire prevention                            85,000               0               0                $0           0.00%
999600        Suspense                                        0            -339                             -$339


236200        AlmaVenville RecCtre                            0           2,465                 0             $2,465
236300        Morley Sport & Rec Centre                 184,190           1,092                 0             $1,092     0.59%
236400        Maylands Water Playground                     900           1,302                 0             $1,302   144.63%

                                                    $3,559,312         $309,446        $138,939          $448,386          12.60%



TOTAL EXPENDITURE                                   $4,019,095         $347,756        $138,939          $486,696          12.11%




                                                          Page 219
ORDINARY COUNCIL MEETING MINUTES                                                                                                                             24 AUGUST 2010



                                                             FINANCIAL SERVICES



                                                                        ALL INCOME

    35000000



    30000000



    25000000

                                                                                                                                                   Budget
    20000000                                                                                                                                       Progressive Actual



    15000000



    10000000



     5000000



          0
                              AUG




                                                    OCT




                                                                                              FEB

                                                                                                         MAR
                   JU L Y




                                        SEP




                                                             NOV

                                                                     DEC

                                                                                 JA N




                                                                                                                      APR

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                                         TEM




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                                                                R




                                                             OPERATING EXPENDITURE
      4500000

      4000000

      3500000
                                                                                                                                                  Budget
      3000000                                                                                                                                     Straight Line
                                                                                                                                                  Progressive Actual
      2500000

      2000000

      1500000

      1000000

       500000

               0
                               AUG




                                                    OCT




                                                                                            FEB

                                                                                                        MAR
                     JU L Y




                                        SEP




                                                             NOV

                                                                     DEC

                                                                                JA N




                                                                                                                   APR

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                                                                            Page 220
ORDINARY COUNCIL MEETING MINUTES                                                                   24 AUGUST 2010


Capital Works Expenditure as at 31 July 2010


              1
                                                                                                                          %
Description                                                          Revised Budget   Actuals   Commtiments      Total Variance

Division: 40 - Financial Services

SS18010 - Computer Development

G10301            Update Network Infrastructure                              18,000         0         15,538     15,538    86%
G10302            Minutes and Agenda Software                                50,000         0              0          0     0%
G10303            Replace Aged Servers                                       18,500         0              0          0     0%
G10304            Helpdesk Software                                           8,000         0              0          0     0%
G10305            High Speed Fibre Network - Olive Tree Ho                   18,500         0              0          0     0%
G10306            City of Bayswater Intranet                                 30,000         0              0          0     0%
G10307            PC Replacement                                            100,000         0              0          0     0%

    Sub Total                                                            $243,000         $0        $15,538    $15,538      6%


SS30000 - YMCA Managed Rec Centres

G12800            Morley Sports & Recreation - YM
                                                Building Improveme          140,000         0             0          0       0%
G12900                                          Matting Floors
                  Morley Sports & Recreation - YM                            20,000         0             0          0       0%
G13000                                          Signage
                  Morley Sports & Recreation - YM                            25,000         0             0          0       0%
G13100                                          Gym - Weights
                  Morley Sports & Recreation - YM                                 0         0             0          0       0%




    Sub Total                                                            $185,000         $0             $0         $0       0%

Financial Services Total                                                 $428,000         $0        $15,538    $15,538      4%




                                                        Page 221
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.2.2     Accounts Payable as at 17 August 2010
           Attachments: Schedule of Accounts Submitted 17 August 2010 for
                          Treasurer's Advance A/c
           Officer:       Director of Finance
Application
To consider the schedule of accounts to be paid as at 17 August 2010.

Background
                       CERTIFICATE OF TREASURER

SUMMARY OF SCHEDULE OF ACCOUNTS PAID

                                                                          CANCELLED
          FUND                VOUCHER NO.            AMOUNT              CHEQUES FROM
                                                                        PREVIOUS MONTH
ELECTRONIC FUND
TRANSFERS                                          $ 3,031,617.53

TREASURER’S ADVANCE           160002 - 160433
                                                   $4,076,232.36        159150      $50.00
ACCOUNT FUND                     EF000135

which was submitted to each member of the Technical Services and Finance and
Personnel Committee on 13 August 2010 has been checked and is fully supported by
vouchers and invoices which are submitted herewith and which has been duly certified as
to the receipt of goods and the rendition of services and as to prices, computations, and
costings and the amounts shown are due for payment.

TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 31 JULY 2010

TREASURER’S ADVANCE ACCOUNT FUND                                                 $445,235




________________________________

DIRECTOR OF FINANCE




                                        Page 222
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


                      CERTIFICATE OF CHAIRPERSON

SUMMARY OF SCHEDULE OF ACCOUNTS PAID

                                                                  CANCELLED CHEQUES
          FUND               VOUCHER NO.           AMOUNT
                                                                 FROM PREVIOUS MONTH
ELECTRONIC FUND
TRANSFERS                                       $ 3,031,617.53

TREASURER’S ADVANCE          160002 - 160433
                                                $4,076,232.36      159150        $50.00
ACCOUNT FUND                    EF000135



which was submitted to each member of the Council on 13 August 2010 has been checked
and is fully supported by vouchers and invoices which are submitted herewith and which
has been duly certified as to the receipt of goods and the rendition of services and as to
prices, computations, and costings and the amounts shown are due for payment.


TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 31 JULY 2010

TREASURER’S ADVANCE ACCOUNT FUND                                              $445,235




_____________________________________
CHAIRPERSON


Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
Schedule of Accounts be passed for payment.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 223
ORDINARY COUNCIL MEETING MINUTES                                                                                       24 AUGUST 2010


                       BENDIGO BANK ELECTRONIC FUND TRANSFERS TO BENDIGO BANK ACCOUNTS


                                                                01 July 2010           to 31 July 2010


                                                  Date                Amount              Details


     MUNICIPAL FUND
                                                15-Jul-10              163,303.88         To Advance Account
                                                16-Jul-10                  366.98         To Advance Account
                                                27-Jul-10               98,417.00         To Advance Account
                                                            Total $   262,087.86


     TREASURER'S ADVANCE ACCOUNT
                                                            Total $             -


                                                TOTAL             $   262,087.86




                          BENDIGO BANK ELECTRONIC FUND TRANSFERS TO WESTPAC ACCOUNTS


                                                                01 July 2010           to 31 July 2010


                                                  Date                Amount                              Details


     MUNICIPAL FUND
                                                13-Jul-10               60,152.11         To Advance Account
                                                19-Jul-10               14,154.55         To Advance Account
                                                26-Jul-10              323,524.42         To Advance Account
                                                27-Jul-10                  295.42         To Advance Account
                                                            Total $   398,126.50


     RATES - DIRECT DEPOSITS CLEARING ACCOUNT
                                                13-Jul-10                8,465.34         Transfer to Municipal Fund
                                                13-Jul-10                7,073.86         Transfer to Municipal Fund
                                                15-Jul-10                  395.25         Transfer to Municipal Fund
                                                26-Jul-10                1,620.00         Transfer to Municipal Fund
                                                27-Jul-10                      65.00      Transfer to Municipal Fund
                                                            Total $    17,619.45



     TREASURER'S ADVANCE ACCOUNT
                                                            Total $             -


                                                TOTAL             $   415,745.95



                         WESTPAC BANK ELECTRONIC FUND TRANSFERS TO WESTPAC ACCOUNTS


                                                                01 July 2010           to 31 July 2010


                                                  Date                Amount                              Details


     MUNICIPAL FUND
                                                09-Jul-10              616,488.55         To Advance Account
                                                12-Jul-10              121,651.90         To Advance Account
                                                13-Jul-10              146,551.00         To Advance Account
                                                15-Jul-10              164,848.81         To Advance Account
                                                16-Jul-10               49,505.65         To Advance Account
                                                19-Jul-10               96,746.68         To Advance Account
                                                26-Jul-10              152,162.84         To Advance Account
                                                27-Jul-10              234,960.38         To Advance Account
                                                28-Jul-10              115,601.86         To Advance Account
                                                29-Jul-10                       0.00      To Advance Account
                                                            Total $ 1,698,517.67


     TREASURER'S ADVANCE ACCOUNT
                                                09-Jul-10                9278.62          Wages 9/7/10
                                                12-Jul-10                  537.04         Wages 12/7/10
                                                14-Jul-10             532,873.51          Wages 14/7/10
                                                15-Jul-10              138,886.00         ATO - PAYG
                                                19-Jul-10              137,694.00         ATO - PAYG
                                                28-Jul-10              513,830.69         Wages 28/7/10
                                                            Total $ 1,333,099.86


                                                TOTAL             $ 3,031,617.53




                                                   Page 224
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


12.2.3      Investment Portfolio as at 31 July 2010
            Officer:        Director of Finance
Application
To present the investment portfolio as at 31 July 2010 for Council consideration.

Background
Comparison of Council’s investments with previous year:

                              31 July 2010                            31 July 2009
                                     Average                               Average
                         $            Rate         %             $          Rate       %
                                       %                                     %
General Funds        19,236,136.88    5.35       85.28%      27,705,761     3.92       90.57
Trust                 3,320,104.24    5.63       14.72%       2,883,786     3.94       9.43
                  $22,556,241.12               100.00%      $30,589,547              100.00%

Council’s investments are currently placed with financial institutions as follows:
         ANZ Bank                 6,123,453.86          27.15%
         Bank West                6,170,008.46          27.35%
         Westpac                  6,234,216.81          27.63%
         Bendigo Bank             2,028,561.99           8.99%
         National Bank            2,000,000.00           8.88%
               Total            $22,556,241.12         100.00%




                                          Page 225
ORDINARY COUNCIL MEETING MINUTES                                                                                                  24 AUGUST 2010


               INVESTMENT REGISTER
               Maturity from 30 Jul 10

   Invest.No. Lodged through - date Borrower          %         Term         Mature      Inv.Amount          Inv. Yield               Curr.Yield

             AGED PERSONS - CARRAMAR RESERVE
       40643 6.9669.405 08Jun10 ANZ BANK              5.33             63 10-Aug-10           1,546,761.60            14,105.18                12,836.53
             TOTAL AGED PERSONS - CARRAMAR RESERVE                                            1,546,761.60            14,105.18                12,836.53

               AGED PERSONS - MUNICPAL
       75305   857763    08Jun10 BANK WEST             5.6             59    06-Aug-10        1,027,813.80             9,256.03                 8,939.20
       74907   879701    13Jul10 BANK WEST            5.25             30    12-Aug-10          519,813.09             2,243.03                 1,644.89
       71609   24.0886   18Jul10 WESTPAC              5.19             30    17-Aug-10          531,385.29             2,266.76                 1,284.50
       76102   2.24-1870 20Jul10 WESTPAC              5.19             37    24-Aug-10          505,403.40             2,504.02                 1,077.96
       76201   DIRECT     22Jul10 BANK WEST           5.25             35    26-Aug-10          503,767.12             2,499.73                   941.98
       80100   036073-243 29Jul10 WESTPAC             5.85             90    27-Oct-10          500,000.00             7,159.76                   480.82
               TOTAL AGED PERSONS - MUNICPAL                                                  3,588,182.70            25,929.34                14,369.35

             AGED HOMES - MERTOME CAPS
       61614 2.98349215 08Jul10 ANZ BANK              5.26             33 10-Aug-10            155,848.26                   728.42                   606.4
             TOTAL AGED HOMES - MERTOME CAPS                                                   155,848.26                   728.42                   606.4

             MERTOME RESERVE
       40346 22Jul10 BANK WEST                        5.25             35 26-Aug-10            140,454.21                   696.94                  262.63
             TOTAL MERTOME RESERVE                                                             140,454.21                   696.94                  262.63

             AGED PRUDENTIAL RESERVE
       40443 3.9834-920 13Jul10 ANZ BANK              5.26             30 12-Aug-10            392,635.00                  1,697.47                1,244.81
             TOTAL AGED PRUDENTIAL RESERVE                                                     392,635.00                  1,697.47                1,244.81

             AGED UNIT VILLAGES RESERVE
       40245 DIRECT    22Jul10 BANK WEST              5.25             35 26-Aug-10             39,002.71                   193.53                   72.93
             TOTAL AGED UNIT VILLAGES RESERVE                                                   39,002.71                   193.53                   72.93

             CITY OF BAYSWATER HOSTEL RESERVE
       62514 036073-242 29Jul10 WESTPAC               5.85             90 27-Oct-10            585,658.92                  8,386.36                  563.2
             TOTAL CITY OF BAYSWATER HOSTEL RESERVE                                            585,658.92                  8,386.36                  563.2

             AGED LEAVE LIABILITY RESERVE
       40140 320722   15Jun10 BENDIGO BANK                5.5          63 17-Aug-10            304,284.85                  2,838.80                2,271.24
             TOTAL AGED LEAVE LIABILITY RESERVE                                                304,284.85                  2,838.80                2,271.24

             PRUDENTIAL RESERVE - ILU
       62609 6.33147  08Jun10 ANZ BANK                5.32             63 10-Aug-10            967,844.30                  8,825.35                8,025.03
             TOTAL PRUDENTIAL RESERVE - ILU                                                    967,844.30                  8,825.35                8,025.03

               COMMUNITY INFRASTRUCTURE
       77500   DIRECT   28Jun10 BANK WEST              5.4              36   03-Aug-10          500,000.00             2,614.83                 2,614.83
       77600   DIRECT   28Jun10 BANK WEST             5.45              43   10-Aug-10          500,000.00             3,193.67                 2,743.70
       77700   DIRECT   28Jun10 BANK WEST              5.5              50   17-Aug-10          437,000.00             3,261.85                 2,401.96
       79900   DIRECT   08Jul10 WESTPAC                5.2              49   24-Aug-10          521,010.00             3,476.55                 2,004.10
       80000   DIRECT   08Jul10 WESTPAC                5.2              49   24-Aug-10          521,009.99             3,476.55                 2,004.10
       79500   DIRECT   02Jul10 WESTPAC               5.44              67   07-Sep-10          579,920.95             5,757.08                 2,833.92
       79600   DIRECT   02Jul10 WESTPAC               5.44              67   07-Sep-10          579,920.95             5,757.08                 2,833.92
       79700   DIRECT   02Jul10 WESTPAC                5.5              95   05-Oct-10          502,136.98             7,116.65                 2,455.96
       79800   DIRECT   02Jul10 WESTPAC                5.5              95   05-Oct-10          502,136.98             7,116.65                 2,455.96
       76601   2.241598 02Jul10 WESTPAC               5.55             123   02-Nov-10          837,564.49            15,667.87                 4,183.31
       77401   2.875054 28Jul10 BANK WEST             5.75             104   09-Nov-10          502,157.53             8,153.57                   553.75
               TOTAL COMMUNITY INFRASTRUCTURE                                                 5,982,857.87            65,592.36                27,085.51

             GENERAL
       25520 11AM AT CA 30Jul10 WESTPAC               4.55 12m               30-Jun-11          24,945.65                  1,036.59                  15.55
             TOTAL GENERAL                                                                      24,945.65                  1,036.59                  15.55

             MUNICIPAL - RESTRICTED CASH
       70508 24-1918   13Jul10 WESTPAC                    5.2          31 13-Aug-10             68,068.86                   298.38                  213.34
             TOTAL MUNICIPAL - RESTRICTED CASH                                                  68,068.86                   298.38                  213.34

               RESERVE
       77800   DIRECT    29Jun10 NATIONAL BANK        5.03             35    03-Aug-10          500,000.00             2,367.10                 2,367.10
       77900   DIRECT    29Jun10 NATIONAL BANK        5.03             35    03-Aug-10          500,000.00             2,367.10                 2,367.10
       78000   DIRECT    29Jun10 NATIONAL BANK        5.03             35    03-Aug-10          500,000.00             2,367.10                 2,367.10
       78100   DIRECT    29Jun10 NATIONAL BANK        5.03             35    03-Aug-10          500,000.00             2,367.10                 2,367.10
       78800   09955    29Jun10 ANZ BANK              5.41             35    03-Aug-10          555,959.24             2,881.20                 2,881.20
       78900   09816    29Jun10 ANZ BANK              5.41             35    03-Aug-10          500,000.00             2,591.19                 2,591.19
       79000   09699    29Jun10 ANZ BANK              5.41             35    03-Aug-10          500,000.00             2,591.19                 2,591.19
       79100   09525    29Jun10 ANZ BANK              5.41             35    03-Aug-10          500,000.00             2,591.19                 2,591.19
       75606   DIRECT    30Jun10 BENDIGO BANK          5.7             69    07-Sep-10        1,383,632.71            14,787.33                 7,498.06
               TOTAL RESERVE                                                                  5,439,591.95            34,910.49                27,621.23

               TRUST - GENERAL
       76701   9815-73817 28Jul10 ANZ BANK            5.39             30    27-Aug-10          502,202.73                 2,224.83               519.13
       76801   9815-73868 28Jul10 ANZ BANK            5.39             30    27-Aug-10          502,202.73                 2,224.83               519.13
       76900   28Jun10 BANK WEST                       5.7             92    28-Sep-10          500,000.00                 7,159.39             2,866.45
       77000   DIRECT     28Jun10 BANK WEST            5.7             92    28-Sep-10          500,000.00                 7,159.39             2,866.45
       77100   DIRECT     28Jun10 BANK WEST            5.7             92    28-Sep-10          500,000.00                 7,159.39             2,866.45
       77200   DIRECT     28Jun10 BANK WEST            5.7             92    28-Sep-10          500,000.00                 7,159.39             2,866.45
       77300   DIRECT     28Jun10 BENDIGO BANK        5.85             92    28-Sep-10          315,698.78                 4,616.12             1,850.05
               TOTAL TRUST - GENERAL                                                          3,320,104.24                37,703.34            14,354.11

               TOTAL INVESTMENTS                                                             22,556,241.12           202,942.56              109,541.87


                                                                                         Banks
                                                                                         ANZ BANK                  6,123,453.86                     27.15%
                                                                                         BANK WEST                 6,170,008.46                     27.35%
                                                                                         WESTPAC                   6,234,216.81                     27.63%
                                                                                         BENDIGO BANK              2,028,561.99                      8.99%
                                                                                         NATIONAL BANK             2,000,000.00                      8.88%
                                                                                         TOTAL                    22,556,241.12                    100.00%




                                                      Page 226
ORDINARY COUNCIL MEETING MINUTES                                                     24 AUGUST 2010



                          INTEREST EARNINGS FOR YEAR 2010/2011

 Date:                        31-Jul-10

                 MONTHLY PROGRESSIVE INTEREST EARNINGS

                                          Percentage of year elapsed:                         8.49

                                                                                     Progressive %
 Month                      Municipal     Reserve     Trust        Total             of Budget

        Jul-10                114,001            -       14,354            128,355           12.58
       Aug-10
       Sep-10
       Oct-10
       Nov-10
       Dec-10
       Jan-11
       Feb-11
       Mar-11
       Apr-11
       May-11
       Jun-11

 FULL YEAR BUDGET ESTIMATES

                            Municipal Reserve  Trust   Total
 BUDGET $                   $ 693,374 $325,000 $ 2,000 $ 1,020,374




Policy Implications
These investments have been apportioned as per the City’s Investment Policy, as follows :
“(b)     Counterparty credit framework (diversification) - the amount invested with any one
         *institution should not exceed the following percentages (restricted by the institution’s
         credit rating) so that single entity exposure is limited:
            *     institution is defined as including wholly owned subsidiaries

                                                                       Direct Investment
                             S&P                      S&P
                                                                          Maximum
                       Long-Term Rating        Short-Term Rating
                                                                               %
                             AAA                      A-1+                   45%
                             AA                       A-1                    35%
                              A                       A-2                    10%
                             BBB+                     A-2                    10%


Financial Implications
Nil.



                                              Page 227
ORDINARY COUNCIL MEETING MINUTES                              24 AUGUST 2010



Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the report
on the investment portfolio as at 31 July 2010 be received.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 228
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.2.4     Donation – Daniel Dols – Football West Australian Team – Cangjin
           Tournament, Korea
           Applicant:     Mary Casotti
           Officer:       Director of Finance
Application
To consider an application from Mary Casotti, on behalf of her son, Daniel Dols, for
financial assistance towards the costs that he will incur visiting Korea at the end of this
month to compete with the Football West Australian Team in the Cangjin Tournament.

Background
Daniel Dols is sixteen years of age, a resident of the City, and a year-11 student at
Chisholm Catholic College. He has been playing soccer since he was five years of age
beginning with Infant Jesus Primary School, then Bayswater City, Inglewood United and
ECU Joondalup. Daniel has represented his primary and high schools in interschool
swimming, athletics and cross country.

He is planning to go to the University of Western Australia to complete a Degree in
Human Movement or Physiotherapy as well as focus on a soccer career at an elite level.

Daniel was chosen to be part of the Football West National Training Squad in 2009 and
represented Western Australia in the National Championships held in Coffs Harbour in
2008 and 2009 and then in Canberra at the Australian Institute of Sport in January 2010.

Daniel has been selected to train with Perth Glory Youth and has also been selected to
compete with the Football West Australian Team in the Cangjin Tournament.

Costs are expected to be around $2,900 per participant and the applicant would be grateful
for any assistance which Council could give towards Daniel’s costs.

Comment
In August 2008, Council resolved to donate $150 to Daniel when he travelled to Coffs
Harbour to compete in the U-14 National Soccer Championships.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.




                                        Page 229
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Daniel Dols, a resident of the City, towards the
costs involved in travelling to Korea as a member of the Football West Australian
Team Club to participate in the Cangjin Tournament being held from 26 to 31
August 2010.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 230
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


12.2.5      Donation – Eleanor Latham – Australian Gymnastics Championships,
            Adelaide
            Applicant:     Jennifer Latham
            Officer:       Director of Finance
Application
To consider an application from Jennifer Latham on behalf of her daughter, Eleanor, for
financial assistance towards costs she will incur visiting Adelaide in October 2010 to
compete with the Western Australian Acrobatic Gymnastics Team at the Australian
Gymnastics Championships.
Background
Jennifer Latham is nine years of age and a resident of the City.
She has been doing gymnastics for four years and acrobatic gymnastics for the last twelve
months.
Jennifer has been selected in the Western Australian Acrobatic Gymnastics Team which
will be competing at the Australian Gymnastics Championships being held in Adelaide in
October 2010.
Costs are expected to be between $2,000 and $2,500 per participant and the applicant
would be grateful for any assistance which Council could give towards Eleanor`s costs.
Comment
In June 2007, Council resolved to donate $150 to Eleanor when she represented the Star-
Mites Gym Sports Club in Bayswater at the Christchurch School of Gymnastics
International Invitational Competition which was held in July 2007.
Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.
Policy Implications
Nil.
Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Eleanor Latham, towards the costs that she will
incur visiting Adelaide to compete with the Western Australian Acrobatic
Gymnastics Team at the Australian Gymnastics Championships being held from 8 to
11 October 2010.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                         Page 231
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


12.2.6     Donation – Eugenio Magri – Perth Soccer Club U-18’s Squad, Kuala
           Lumpur
           Applicant:     Eugenio Magri
           Officer:       Director of Finance
Application
To consider an application from Eugenio Magri for financial assistance towards airfares
and accommodation expenses that he will incur visiting Kuala Lumpur in November 2010
to compete with the Perth Soccer Club’s Under 18’s Squad in a soccer tournament.

Background
Eugenio Magri is sixteen years of age and a resident of the City. He attends John Forrest
Senior High School.

He has been playing soccer since he was six years of age and plays for Perth Soccer Club
which has been invited to play in Malaysia in November 2010.

Costs are expected to be around $1,100 per participant.

Club members have been involved in many fundraising events to help the children travel
to Malaysia, and the application would be grateful for any assistance which Council could
give towards these costs.

Comment
Eugenio Magri has not sought financial assistance from Council in the past.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Eugenio Magri, a resident of the City, towards
the expenses he will incur in travelling to Kuala Lumpur in November 2010 to
compete in a soccer tournament as a member of the Perth Soccer Club Under 18’s
Squad.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 232
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


12.2.7      Donation - Haemophilia Foundation Australia
            Applicant:     Haemophilia Foundation Australia
            Officer:       Director of Finance
Application
To consider an application for financial assistance towards its ongoing fundraising
campaign which has been received from Haemophilia Foundation Australia (HFA).

Background
The Haemophilia Foundation Research Fund was established in 1994 to support
Australian based medical, scientific and social research to benefit the treatment and care of
people with haemophilia and related bleeding disorders.

Haemophilia is a rare blood clotting disorder in which one of the essential clotting factors
is deficient or missing. It is incurable and, without treatment with replacement clotting
factor, it can be life threatening.

Haemophilia is hereditary, but in one third of cases it appears in families with no previous
history of the disorder. It affects males almost exclusively and is passed on through
females who carry the defective gene. Some women are symptomatic carriers of the
haemophilia gene and may also experience bleeding problems. Currently in Australia
there are approximately 2,000 people with varied degrees of severity.

Haemophilia Foundation Australia assists the community in many way, including
providing :
• Resources and publications which give the community up-to-date information on
    bleeding disorders and relevant topics.
• Consultation with members of the bleeding disorders community and health
    professionals for feedback about the Foundation’s hepatitis C education last year.
• New fact sheets on hepatitis C/liver health tests and treatment.
• Sharing personal stories of people with bleeding disorders and hepatitis C in
    Haemophilia Foundation newsletters.
• Education sessions on hepatitis C issues for the community and haemophilia health
    professionals at the Foundation’s national Haemophilia Conference.
• Successful advocacy to government for access to subsidised hepatitis C retreatment
    for people with bleeding disorders and hepatitis C.
• The Haemophilia Foundation Research Fund has provided for many research projects
    over its 16-year history.

HFA supports over 20 different programmes and activities around Australia via State and
Territory Foundation programmes including :
• Camps
• Family, men’s women’s and youth groups
• HIV and hepatitis C peer support groups
• Carers’ and partners’ support groups
• Rural visits.




                                         Page 233
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010



Comment
Council was donating $100 annually to Haemophilia Foundation Australia, then $150 until
December 2004. No further request for financial assistance was received until 2008.
Council granted a donation of $150 in June 2008, February 2009 and August 2009.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Haemophilia Foundation Australia towards its
ongoing fundraising campaign to assist people with haemophilia and their families.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 234
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.2.8     Donation – Kate Maher, National Cheerleading Championships,
           Melbourne
           Applicant:     Jocelyn Edmonds
           Officer:       Director of Finance
Application
To consider an application from Jocelyn Edmonds, on behalf of her daughter, Kate Maher,
for financial assistance towards airfares and accommodation expenses that she will incur
visiting Melbourne to compete in the National Cheerleading Championships being held
from 29 September to 4 October 2010.

Background
Kate Maher is 13 years of age, a resident of the City and attends John Forrest Senior High
School.

She was doing gymnastics at Star-Mites Gymnastics from 2006 to 2008, then commenced
cheerleading classes at the club in 2010. Kate trains conscientiously twice a week with
her team and will compete in two state competitions (in August and September).

Star-Mites Gymnastics intends to send its “Storm” team to compete in the National
Cheerleading Championships being held in Melbourne from 20 September to 4 October
2010 and Kate has been selected in the team.

The tour will cost approximately $1,500 per participant which includes airfares,
accommodation and competition fees. Costumes have already been purchased.

The applicant would be grateful for any financial assistance that Council could give
towards Kate’s costs.

Comment
Kate Maher has not sought financial assistance from Council in the past.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.




                                        Page 235
ORDINARY COUNCIL MEETING MINUTES                                     24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Kate Maher, a resident of the City, towards the
expenses she will incur in travelling to Melbourne as a member of the Starmites
Gymnastics “Storm” team to compete in the National Cheerleading Championships
being held from 20 September to 4 October 2010.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                     Page 236
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.2.9     Donation - RSL Bedford - Offset of Rate and Rubbish Charges
           Applicant:     RSL Bedford
           Officer:       Director of Finance
Application
To consider a request that has been received from the Bedford Returned and Services
League Club for financial assistance to offset the cost of rubbish removal from the
Memorial Hall, Craven Street, Bedford, plus the Emergency Services Levy.


Background
The Bedford Returned and Services League Club provides a valuable service to the
community for both residents and returned servicemen.

The Club has requested financial assistance from Council to offset the cost of rubbish
removal from the Memorial Hall, Craven Street, Bedford, plus the Emergency Services
Levy.

The charges for 2010/2011 for the above are $405.00 and $221.13 respectively.

Comment
For the last thirteen years, Council has resolved to donate to the Bedford RSL Club an
amount equivalent to the cost of rubbish removal from the Memorial Hall, Craven Street,
Bedford, in order to assist the community-conscious club. For the past seven years,
Council has also donated an additional amount to offset the cost of the Emergency
Services Levy as well as the State Government Landfill Levy when that was applicable.

Policy Implications
Nil.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $626.13 to Bedford Returned and Services League Club
to offset the cost of rubbish removal from the Memorial Hall, Craven Street,
Bedford, plus the Emergency Services Levy for 2010/2011, in recognition of the
valuable service that the Club provides to our community.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 237
ORDINARY COUNCIL MEETING MINUTES                                              24 AUGUST 2010


12.2.10    Donation – Rocco Pizzata - 2010 Football Federation Australia National
           Youth Championships, Coffs Harbour
           Applicant:     Mrs Domenica Pizzata
           Officer:       Director of Finance
Application
To consider an application from Mrs Domenica Pizzata for financial assistance on behalf
of her son, Rocco, towards airfares and accommodation expenses that he will incur when
he travels to Coffs Harbour to compete with Football West’s Under 14 Boys State Team in
the 2010 Football Federation Australia National Youth Championships next month.

Background
Rocco Pizzata is a resident of the City and attends Morley Senior High School.

He is a skilled soccer player and represented Western Australia in the Under 13 State
Team last year. He has been playing soccer for nine years and, for the last four, has been
competing in the highest level in Premier division at Perth Soccer Club. He participates in
the specialist soccer program at Morley Senior High School and is also the captain of the
school soccer team.

Rocco has been selected in Football West’s Under 14 Boys State Team which will be
travelling to Coffs Harbour to compete in the 2010 Football Federation Australia National
Youth Championships being held from Monday 27 September to Saturday 2 October
2010.

Costs are expected to be around $2,000 per participant and the applicant is seeking
financial assistance from Council towards these costs.

Comment
Rocco Pizzata has not sought financial assistance from Council in the past.

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.




                                        Page 238
ORDINARY COUNCIL MEETING MINUTES                                    24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Rocco Pizzata, a resident of the City, towards
the expenses he will incur in travelling to Coffs Harbour as a member of Football
West’s Under 14 Boys State Team which will compete in the 2010 Football
Federation Australia National Youth Championships being held from 27 September
to 2 October 2010.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                     Page 239
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


12.2.11    City of Bayswater Business Reference Group Nominees
           Attachments: Profiles of Nominees
           Officer:        Director of Finance

At the Technical Services & Finance and Personnel Committee Meeting:
CR SALLY PALMER, DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sally Palmer declared a financial interest in this item as one of the Nominees for the
Bayswater Business Group, Gary Warne, is a business associate. Cr Palmer remained in
the room during the voting of Points 1 and 3 to 7 and withdrew at 8:21pm.
CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna
declared an impartial interest in this item as he knows both applicants who nominated for
the Bayswater Business Group through his association with Bayswater Community
Financial Services Limited as a previous Board Member and as the current Chairman.
Cr McKenna remained in the room during voting.
At 10:21pm Cr Graham Pittaway returned to the meeting.

CR SALLY PALMER, DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sally Palmer declared a financial interest in this item as one of the Nominees for the
Bayswater Business Group, Gary Warne, is a business associate.
At 10:19pm Cr Sally Palmer withdrew from the meeting.

CR BARRY MCKENNA, DEPUTY MAYOR, DECLARED AN IMPARTIAL
INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna
declared an impartial interest in this item as he knows both applicants who nominated
for the Bayswater Business Group through his association with Bayswater Community
Financial Services Limited as a previous Board Member and as the current Chairman.
Cr Barry McKenna remained in the room.

CR SYLVAN ALBERT, DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,Cr
Sylvan Albert declared a financial interest in this item as he is the Chairperson of the
Maylands Business Group.
At 10:19pm Cr Sylvan Albert withdrew from the meeting.

Application
To advise Council on the outcome of advertising for nominees to the City of Bayswater
Business Reference Group.




                                       Page 240
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



Background
At the ordinary meeting of Council held 22 June 2010, the Terms of Reference for the new
group - the City of Bayswater Business Reference Group - were adopted.

The membership of this group as per the Terms of Reference is as follows:
o Five (5) representatives of Council.
o One (1) representative from Bayswater Village Retail Traders Association with one (1)
  deputy.
o One (1) representative from Maylands Business Association with one (1) deputy.
o One (1) representative from Morley townsite with one (1) deputy.
o One (1) representative from the Industrial Group with one (1) deputy.
o One (1) representative from the Central Eastern Business Association with one (1)
  deputy.

In line with the amended Terms of Reference for the group, an advertisement was placed
in the ‘Eastern Reporter’ on 13 July 2010 inviting retail and industrial business owners
and/or operators who are members of the local business groups listed below, to join the
City of Bayswater Business Reference Group. The closing date for nominations was 23
July 2010.

The following nine nominations were received :

                                                  No. of Vacancies             Number of
      Local Business Group
                                       Representatives    Deputies   Total     Nominees
Bayswater Village Retail Traders
                                             1               1        2            2
Association
Maylands Business Association                1               1        2            2
Morley Retail Precinct                       1               1        2            1
Industrial Group                             1               1        2            3
Central Eastern Business Association         1               1        2            1

•   Only one (1) nomination was received from the Morley Retail Precinct and one (1)
    nomination from the Central Eastern Business Association, and therefore a deputy
    will not be elected for those groups.
•   Three (3) nominations were received from the Industrial Group to fill two (2)
    vacancies.

A list of Nominees’ Profiles is attached (refer Attachment 1).

At the Special Meeting of Council held on 19 and 21 October 2009, the following elected
members of Council were appointed as members of the City of Bayswater Business
Reference Group :
Cr Terry Kenyon, Mayor, JP
Cr Barry McKenna
Cr Graham Pittaway, OAM
Cr Sonia Turkington
Cr Mike Anderton, JP
Cr Sally Palmer

                                          Page 241
ORDINARY COUNCIL MEETING MINUTES                                             24 AUGUST 2010


Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

Committee/Officer Recommendation to Council
That:
1.      The report on the outcome of advertising for nominees to the City of Bayswater
        Business Reference Group be received.
2.      The appointed representative from the Bayswater Village Retail Traders Association
        be Gary Warne and the deputy be Greg Darui.
3.      The appointed representative from the Maylands Business Association be Catherine
        Ehrhardt and the deputy be Dominic Cuscuna.
4.      The appointed representative from the Morley Retail Precinct be Mark Whitehouse.
        (Insufficient nominations received to allow the election of a deputy.)
5.      The appointed representative from the Industrial Group be Byron Spartalis and the
        deputy be Giuseppe Rechichi.
6.      The appointed representative from the Central Eastern Business Association be
        Peter Gardner. (Insufficient nominations received to allow the election of a deputy.)
7.      The Bayswater Village Retail Traders Association, Maylands Business Association,
        Morley Retail Group, Industrial Group and the Central Eastern Business Association
        be advised of the respective appointments of members to the City of Bayswater
        Business Reference Group.

AMENDMENT
CR SONIA TURKINGTON MOVED, MICHAEL SABATINO SECONDED that point 5
read:

5.      The appointed representative from the Industrial Group be Joe Italiano and the
        deputy be Byron Spartalis.

                                                                                  LOST: 3/5

        FOR:          Councillors, Sabatino, Turkington, Blanchard
        AGAINST:      Councillors Kenyon, Robinson, McKenna, Pittaway, Radford




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ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



COUNCIL RESOLUTION
CR SONIA TURKINGTON MOVED, CR ALAN RADFORD SECONDED that:
1.   The report on the outcome of advertising for nominees to the City of Bayswater
     Business Reference Group be received.
2.   The appointed representative from the Bayswater Village Retail Traders
     Association be Gary Warne and the deputy be Greg Darui.
3.   The appointed representative from the Maylands Business Association be
     Catherine Ehrhardt and the deputy be Dominic Cuscuna.
4.   The appointed representative from the Morley Retail Precinct be
     Mark Whitehouse. (Insufficient nominations received to allow the election of a
     deputy.)
5.   The appointed representative from the Industrial Group be Byron Spartalis
     and the deputy be Giuseppe Rechichi.
6.   The appointed representative from the Central Eastern Business Association be
     Peter Gardner. (Insufficient nominations received to allow the election of a
     deputy.)
7.   The Bayswater Village Retail Traders Association, Maylands Business
     Association, Morley Retail Group, Industrial Group and the Central Eastern
     Business Association be advised of the respective appointments of members to
     the City of Bayswater Business Reference Group.

                                                        CARRIED UNANIMOUSLY

At the Technical Services & Finance and Personnel Committee Meeting:

At 8:21pm, Cr Sally Palmer withdrew from the meeting to enable the Committee to vote on
point 2 and returned to the meeting at 8:22pm.

At 10:26pm, Councillors Palmer and Albert returned to the meeting.




                                      Page 243
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12.2.12     Christmas Street Banner Program
            Officer:        Director of Finance
Application
To advise Council of the 2010 Christmas Street Banner Program.

Background
The City has a total of 49 banner poles, these being :

         Bayswater                11 banner poles = 22 banners
         Maylands :
           - 8th Avenue           10 banner poles = 20 banners
           - Guildford Road        9 banner poles = 18 banners
         Morley                   19 Banner poles = 38 banners
                                                    98 banners

Over the past few years, the theme of the City’s Christmas Street Banner Program has
been the traditional European Christmas.

This year it is planned to have a new Australian Christmas theme, however the cost to
design new banners and install on poles in the three townsites would be in the vicinity of
$45,000.

It is proposed therefore, that for the 2010 Christmas period, new banners having an
Australian Christmas theme would be installed on the 19 poles (38 banners) in Morley.
The banners for Bayswater and Maylands would be those printed and used last year.

To this end, the City’s Galleria office supervisor (school liaison person) will visit all
thirteen primary schools within the district, listed below, to conduct a “Design a
Christmas Banner Competition” around the theme “What an Australian Christmas Means
to You” :

     •    Bayswater Primary School             •   Maylands Peninsula Primary School
     •    Durham Road Primary School           •   Noranda Primary School
     •    Embleton Primary School              •   Weld Square Primary School
     •    Camboon Primary School               •   Infant Jesus Primary School
     •    Hillcrest Primary School             •   St Columbus Primary School
     •    Hampton Primary School               •   St Peters Primary School
     •    Morley Primary School

Note: High schools within the City have not been included as the school liaison person
      currently only visits primary schools in her school visitation program.




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In order for this program to be successful, it is proposed to run a competition in which a
$200 prize will be awarded to both the winning entrant and to the respective school with
runner-up prizes of $50 being presented to the next best twelve entrants, as follows :

                                             Student                     School
           st
          1 Prize                $200 Bank Account                  $200 Cash
          12 x $50 Prizes        $600 (12 x $50 bank accounts)
                                 $800                               $200

Total prize pool - $1,000.

It is also proposed that the judging will be carried out by interested Councillors.

The Centro Galleria Shopping Centre will display the entries and the Mayor will announce
the winners there on Thursday 28 October 2010.

Completion timeline :
                August
                                      School visits to promote the competition
                September
                October               Competition closes
                October               Competition winners announced
                November
                                      Banners to be installed
                December
                6 January 2011        Banners taken down

Policy Implications
Nil

Financial Implications
The cost of the 2010 Christmas Street Banner Program will be as follows :
•     The Australian-themed program :
        - Morley banner competition prizes                   $ 1,000
        - Printing and installation of the new banners       $ 15,200
                                                             $ 16,200
•     Installation of the “old” Christmas banners in
      Bayswater and Maylands                                 $ 5,700
Total cost of the 2010 Street Banner Program                 $ 21,900

The 2010 Christmas Street Banner Program will be funded from the $75,000 approved in
the 2010/2011 Budget.

Voting Requirements
Simple Majority Required



                                          Page 245
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010



Officer Recommendation to Council
That:
1.      The report on the 2010/2011 Christmas Street Banner Program be received.

2.      Cr ________Cr _______ and Cr _________________ be the judges on the 2010
        Christmas Banner selection panel.

At the Technical Services & Finance and Personnel Committee Meeting:

Committee Discussion
The Committee included an additional recommendation to allow officers to investigate
other suitable locations within the West and North Wards for placement of banners for
consideration for the 2011 Festive Season.

Committee Recommendation to Council
That:
1.      The report on the 2010/2011 Christmas Street Banner Program be received.

2.      Cr ________Cr _______ and Cr _________________ be the judges on the 2010
        Christmas Banner selection panel.

3.      Investigations be made for additional suitable banner locations in West Ward,
        example Walter Road West, Beaufort Street/Broun Avenue, Grand Promenade, and
        in North Ward, and the outcome to be reported back to Council for consideration
        during the 2011/2012 budget deliberations.


COUNCIL RESOLUTION
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that:
     1. The report on the 2010/2011 Christmas Street Banner Program be received.

     2. Cr Robinson, Cr Turkington and Cr Kenyon be the judges on the 2010
        Christmas Banner selection panel.

     3. Investigations be made for additional suitable banner locations in West Ward,
        example Walter Road West, Beaufort Street/Broun Avenue, Grand
        Promenade, and in North Ward, and the outcome to be reported back to
        Council for consideration during the 2011/2012 budget deliberations.

                                                           CARRIED UNANIMOUSLY




                                         Page 246
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


12.2.13    New Policy - Corporate Credit Card
           Attachments: Policy - Corporate Credit Card
                           LG Operational Guidelines No.11 – Use of Corporate
                           Credit Cards
           Officer:        Director of Finance
Application
To seek Council endorsement for a new finance policy on issuing, and correct use of,
corporate credit cards.

Background
The City’s suppliers and sundry creditors are currently paid by cheque, which requires
raising a purchase order or cheque voucher. There are situations where this is impractical,
such as when items or services are urgently required from a supplier that the City does not
have a trading account with, or advance payment of conferences, travel and
accommodation.

In some cases, senior staff have used their personal credit cards for the purchase and
claimed a reimbursement from the City.

Comment
Local governments have a regulatory requirement to establish procedures for managing
resources and finances including the payment and authorisation of accounts, however
there are no regulatory restrictions on the choice of payment. Corporate credit cards are
recognised by the Department of Local Government as a legitimate payment method.

Corporate credit cards for senior management are an efficient business solution.

The Cities of Stirling, Belmont, Gosnells and Kalgoorlie-Boulder, and the Towns of
Bassendean and Vincent already use corporate credit cards. The City of Swan will be
implementing corporate credits in the current financial year.

Advances in secure encrypted computer technology in recent years provide sufficient
system protection and audit trails to allay concerns about possible fraudulent use, and card
use can be effectively managed through clear policies and guidelines. The proposed policy
sets out the conditions of use and is based on the Department of Local Government’s
operational guideline (Guideline 11) for Issuing and Management of Corporate Credit
Cards.

Voting Requirements
Simple Majority Required.

Financial implications
Nil.

Policy implications
Nil.




                                         Page 247
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


At 10:34pm, Ms Beverley Bridgland withdrew from the meeting.

Officer Recommendation
That the policy “Corporate Credit Cards” be approved.
At the Technical Services & Finance and Personnel Committee Meeting:
Committee Discussion
The Committee included an additional recommendation to incorporate monthly financial
reports to Council for corporate credit cards similar to the current list of accounts
provided.

Committee Amendment
CR MARLENE ROBINSON MOVED, CR SALLY PALMER SECONDED that a point
(e) be included in the Corporate Credit Card Policy to read as follows:
     (e)   Details of use of each Corporate Credit Card with specific details of purchases
           are to be included in monthly financial reports to Council.
                                                            CARRIED UNANIMOUSLY

Committee Recommendation to Council
That:
1.   The policy “Corporate Credit Cards” be approved.
2.   A point:(e) be included in the Corporate Credit Card Policy to read as follows:
     (e)   Details of use of each Corporate Credit Card with specific details of purchases
           are to be included in monthly financial reports to Council.


COUNCIL RESOLUTION
CR BARRY MCKENNA MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.   The policy “Corporate Credit Cards” be approved.
2.   A point:(e) be included in the Corporate Credit Card Policy to read as follows:
     (e)   Details of use of each Corporate Credit Card with specific details of
           purchases are to be included in monthly financial reports to Council.
                                                          CARRIED UNANIMOUSLY

At 10:37pm, Ms Beverley Bridgland returned to the meeting.




                                        Page 248
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12.2.14     Exemption from Rates - The Anglican Parish of Morley/Noranda
            Location:     77–79 Bramwell Road, Noranda
            Applicant:    The Anglican Parish of Morley/Noranda
            Officer:      Director of Finance
Application
An application has been received from The Anglican Parish of Morley/Noranda requesting
an exemption from rates for the property situated at 77–79 Bramwell Road, Noranda.
Background
The property located at 77-79 Bramwell Road, Noranda is owned by the Perth Diocesan
Trustees and, prior to 1 July 2008, had been granted a rate exemption from general rates
for many years, as the property was used exclusively as place of residence of a minister of
religion.

In July 2008 the Anglican Parish advised Council that the property was leased out, and so
the property became rateable effective 1 July 2008.
On 9 August 2010 Council received notification from the Anglican Parish of
Morley/Noranda that the property is again being used exclusively as a place of residence
by the parish priest, who has resided at the property from February 2010, and requested
the exemption from rates be reinstated.
Comment
This application can be considered under section 6.26 (2) (d) of the Local Government Act
1995, which states “land is not rateable land if the property is used or held exclusively as a
place of residence of a minister of religion”.

The 2010/2011 rates for 77–79 Bramwell Road, Noranda are $836.24.
Policy Implications
Nil
Financial Implications
Nil.
Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that a
rate exemption be granted to The Anglican Parish of Bayswater for the property at
77–79 Bramwell Road, Noranda from 1 July 2010 under Section 6.26 (2) (d) of the
Local Government Act 1995, as the property is used exclusively as a place of
residence of a minister of religion.
                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                          Page 249
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010


12.2.15    Lauren and Hannah O'Brien – 2010 AusCheer National Championships,
           Melbourne
           Applicant:    Lauren and Hannah O'Brien
           Officer:      Director of Finance
Application
To consider applications from Lauren and Hannah O’Brien for financial assistance
towards airfares and accommodation expenses that they will incur when they visit
Melbourne to compete at the 2010 AusCheer National Championships.

Background
Lauren and Hannah O’Brien are thirteen and eleven years of age respectively and both are
residents of the City. They are members of StarMites Gym Sports.

Lauren trains eighteen hours per week for Gymnastics and four hours per week for
Cheerleading.

Hannah trains four hours per week for Cheer Leading, two hours for Tumbling and Double
Mini Trampoline and five hours for Acrobatics.

Both girls competed in the Aloha International Championships held in Hawaii in April
2010 where they were 1st in Stunt and Pom routines.

They are members of the Cometz Starmites Cheerleading Team and have been selected to
compete at the 2010 AusCheer National Championships being held in Melbourne in
October.

Costs associated with the trip amount to around $1000 each and the girls are seeking
financial assistance from Council towards these costs.

Comment
In the past, Council has granted the following donations to Lauren O’Brien:

                                                                              Amount of
 Date of Council
                                            Event                              Council
   Resolution
                                                                              Donation
May 2007             Christchurch School of Gymnastics Classic                  $150
                     Invitational Competition, held in July 2007, New
                     Zealand.
August 2008          National Cheerleading Championships, Sydney,               $150
                     October 2008
September 2009       2009 Border Challenge Gymnastics Event held in             $150
                     September 2009 at Caloundra, Queensland.
March 2010           Aloha International Spirit Gymnastic and                 Nil due to
                     Cheerleading Championships held in Waikiki,              previous
                     Hawaii in April 2010                                     donation




                                        Page 250
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010


In the past, Council has granted the following donations to Hannah O’Brien:

                                                                              Amount of
 Date of Council
                                            Event                              Council
   Resolution
                                                                              Donation
July 2008             National Cheerleading Championships, Sydney,              $150
                      October 2008
March 2010            Aloha International Spirit Gymnastic and                  $150
                      Cheerleading Championships held in Waikiki,
                      Hawaii in April 2010

Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.

Policy Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 each to Lauren and Hannah O’Brien, both
residents of the City, towards the expenses they will incur in travelling to Melbourne
to compete in the 2010 AusCheer National Championships being held in October.
                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                       Page 251
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


12.2.16    Donation - Melissa O'Brien – Churchlands Senior High School Language
           Program – China Tour
           Applicant:      Melissa O'Brien
           Officer:        Director of Finance
Application
To consider an application for financial assistance towards travelling costs which has been
received from Melissa O'Brien who has been selected to participate in Churchlands Senior
High School’s Language Program China Tour.
Background
Melissa O'Brien is 15 years of age and a resident of the City. She currently attends
Churchlands Senior High School and is in Year 11. She has studied the Chinese language
for seven years, first at Noranda Primary School, then at Churchlands Senior High School
having been awarded an Education Department of WA Gifted and Talented Music
Scholarship.

As part of the Language Program, Churchlands Senior High School has organised a tour to
China in September 2010. Fourteen students will be visiting the cities of Shanghai,
Hangzhou, Xi’an and Beijing and will be attending school and being billeted with Chinese
students.

Melissa has been fundraising and working a part-time job to raise the tour costs, which
amount to around $3,500, and would be grateful for any assistance which Council could
give towards these costs.
Comment
In February 2009 Council granted a donation of $150 to Melissa towards the travelling
costs incurred when she participated in a Music Tour of North America which was
conducted as part of Churchlands Senior High School’s Music Program in April that year.
Financial Implications
The Donations account in the 2010/2011 Budget has provided $45,000. To date $4,500
has been expended, leaving a balance of $40,500 this financial year.
Policy Implications
Nil.
Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council grants a donation of $200 to Melissa O’Brien, a resident of the City, towards
the travelling costs that she will incur when she participates in Churchlands Senior
High School’s Language Program China Tour in September 2010.
                          CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 252
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



13             REPORTS OF MANAGEMENT/ADVISORY COMMITTEES


13.1           Minutes of the Heritage Development Advisory Committee – 16 August
               2010
               Attachments: No. 1 – HDAC Meeting Minutes - 16/08/10
                              No. 2 – HDAC Meeting Minutes – 16/08/10 - Confidential
                              Attachment
               Officer:       Director of Planning and Development Services

Application
To inform the Council of the Minutes of the Heritage Development Advisory Committee,
which was held on 16 August 2010.

Background
A copy of the Minutes of the Heritage Development Advisory Committee held on 16
August 2010 is attached. (Refer Attachments No.1 and 2)

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
Minutes of the Heritage Development Advisory Committee held on 16 August 2010
be received and the recommendations contained therein and listed hereafter be
endorsed.

1.1    Heritage Fund Application – Repainting

       That:
1.     Council approve the allocation of $3,680 from the 2010-11 Heritage Incentive
       Scheme for the proposed repainting of the heritage listed dwelling at Lot 31,
       No. 6 Hamilton Street, Bayswater.

2.     Planning Approval be issued under delegated authority for the proposed
       repainting of the heritage listed dwelling at Lot 31, No. 6 Hamilton Street,
       Bayswater.

                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                        Page 253
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13.2          Minutes of the Youth Advisory Committee (YAC) – August 2010

              Attachments:     1. Minutes of the Youth Advisory Committee – August
                               2010
              Officer:         A/Director of Administration and Community Services
Application
To inform the Council of the minutes of the meeting of the Youth Advisory Committee
(YAC) which was held on 5 August 2010.

Background
Attached is a copy of the minutes of the meeting of the Youth Advisory Committee
(YAC) which was held on 5 August 2010 (refer to Attachment No. 1).

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Youth Advisory Committee (YAC) which was held on 5
August 2010 be received, and the recommendations contained therein and listed
hereunder be considered:

1.1        Proposed “Battle of the Bands” Report

That:
1.     The proposed “Battle of the Bands” Report be received.

2.     YAC and the Youth Officer begin planning for the ‘Battle of the Bands’ events
       which include the following to present back to the YAC Committee for
       consideration and endorsement:
       •    Define the criteria for participation in the competition
       •    Funding opportunities
       •    Detailed action plan
       •    Investigate possible venues


1.2        Vinnie’s Chief Executive Officer Sleepout Report

That:
1.         The Vinnie’s Chief Executive Officer Sleepout update report be received.
2.         The YAC endorse the 2011 CEO Sleepout action plan and consider the
           committee’s participation in the event.
3.         Mayor and CEO be approached to participate in the event.


                                          Page 254
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1.3   Proposed ‘Mayor for a Day’ to be held during National Youth Week 2011
Report

That:
1.    The proposed ‘Mayor for a Day’ to be held during National Youth Week 2011
      report be received.

2.    Council endorse the planning and funding of the proposed “Mayor for the
      Day” event to be held in Youth Week 2011.

3.    Officers continue planning and coordinating the event with the assistance of the
      Youth Advisory Committee, through monthly informal meetings and
      workshops.

4.    The Mayor be formally approached to participate in this event.

5.    Corporate and other sponsorship be sort for this event.

1.4     Resignation of a Youth Advisory Community Representative Update Report

That:

1.      The Resignation of a Youth Advisory Community Representative Update
        Report be received.

2.      Officers write to Ms Stacey Ylstra to thank her for her contribution to the
        YAC Committee with details of her tenure.

                         CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                      Page 255
ORDINARY COUNCIL MEETING MINUTES                                     24 AUGUST 2010



13.3         Minutes of the Golf Courses Management Committee - 12 August 2010

             Attachments:     1. Minutes of the Golf Courses Management Committee
                              – 12 August 2010
                              2. Confidential - Minutes of the Golf Courses
                              Management Committee – 12 August 2010
           Officer:           A/Director of Administration and Community Services
Application
To inform Council of the Minutes of the Meeting of the Golf Courses Management
Committee meeting held on 12 August 2010.

Background
Attached is a copy of the minutes of the meeting of the Golf Courses Management
Committee, which was held on 12 August 2010 (refer to Attachment No. 1).

Voting Requirements
Simple Majority Required.
COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
Minutes of the meeting of the Golf Courses Management Committee which was held
on 12 August 2010 be received, and the recommendations contained therein and
listed hereunder be approved:
1.1   Proposed Management Agreement Extension – Maylands Peninsula and
Embleton Public Golf Courses
That:
1.   Council award the five (5) year extension periods of the management
     agreements and leases for both the Embleton and Maylands Peninsula Public
     Golf Courses to Golf Oracle.
2.     The management agreements and leases be updated to include-
        a)     The agreed business plan performance indicators, outcomes and
               capital work projects to be undertaken by manager.
        b)     The revised management fee arrangements for Maylands and
               Embleton, option 2 (refer to Attachment No. 2).
       c)      The rent review outcome by consultants APC be included with the
               Agreement.
3.     The Council endorse the application of the City of Bayswater common seal to
       the contract extension documents and that the Mayor and Chief Executive
       Officer be authorised to sign the contract extension period documentation.
2.1 Removal of Popular Trees
That:
1.   The Director of Technical Services arrange for the removal of the Poplar Trees
     at the Embleton Golf Course.
2.   Suitable replacement tree species be planted at the Embleton Golf Course.

                            CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION
                                       Page 256
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



13.4        Minutes of the Robert Thompson Working Party – 18 August 2010

            Attachments:     1. Minutes of the Robert Thompson Working Party – 18
                             August 2010
            Officer:         A/Director of Administration and Community Services
Application
To inform the Council of the minutes of the meeting of the Robert Thompson Working
Party which was held on 18 August 2010.

Background
Attached is a copy of the minutes of the meeting of the Robert Thompson Working Party
which was held on 18 August 2010 (refer to Attachment No. 1).

Voting Requirements
Simple Majority Required.


COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Robert Thompson Working Party which was held on 5
August 2010 Robert Thompson Working Party which was held on 18 August 2010 be
received, and the recommendations contained therein and listed hereunder be
considered:

1.1     Robert Thompson Reserve Public Toilet Requirement

1.     The information contained within the Robert Thompson Public Toilet
       Requirement report be received
2.     Utilise the existing Male and Female Toilets highlighted in yellow and orange
       on attachment 1 building plan, and brick up the internal access doors into the
       clubroom area to enhance building security.
3.     Convert the existing access into the main hall through changing room number 1
       to provide the main hall access for building users
4.     Install an additional internal access door into the dividing wall between
       changing rooms one and two to provide internal access into change room two.
5.     Council consider $10,000 to be made available for public toilet provision within
       Robert Thompson Reserve at the next available budget review
6.     Officers enter into discussion with Scale Modellers Club of WA to redefine the
       lease area.




                                       Page 257
ORDINARY COUNCIL MEETING MINUTES                                    24 AUGUST 2010


1.2     Robert Thompson Club Room Usage

That:
1.      The information presented in the Robert Thompson Club Room Usage report
        be received.
2.      Further information be sought regarding solvent and glue usage, user groups
        details and current and future membership numbers.
1.3     Robert Thompson Reserve Playground Official Opening

1.    The information contained with the Robert Thompson Reserve Playground
      Official Opening report be received.
2.    The official opening of the Playground at Robert Thompson Reserve be held on
      Saturday, 2 October 2010, from 10:00am to 12:00 noon.
3.    The remaining $4,000 from the proposed playground opening budget be
      retained as a contribution toward the provision of public toilets at Robert
      Thompson Reserve.
                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                     Page 258
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13.5       Minutes of the Disability Access and Inclusion Plan Committee Meeting –
           July 2010

           Attachments:     1. Minutes of the Disability Access and Inclusion Plan
                            Committee Meeting – July 2010
                            2. Confidential Minutes of the Disability Access and
                            Inclusion Plan Committee Meeting – July 2010
           Officer:         A/Director of Administration and Community Services
Application
To inform the Council of the minutes of the meeting of the Disability Access and
Inclusion Plan (DAIP) Committee which was held on 20 July 2010.

Background
Attached is a copy of the minutes of the meeting of the Disability Access and Inclusion
Plan (DAIP) Committee which was held on 20 July 2010 (refer to Attachment No. 1).

Voting Requirements
Simple Majority Required.


COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Disability Access and Inclusion Plan (DAIP) Committee
which was held on 20 July 2010 be received, and the recommendations contained
therein and listed hereunder be considered:

1.1   Disability Access & Inclusion Plan (DAIP) - Interdepartmental Committee
Meeting Minutes

That the information contained in the Disability Access and Inclusion Plan (DAIP)
Interdepartmental Committee Meeting Minutes report be received.

1.2    Disability Access and Inclusion Plan Style Guidelines – Status Report

That:
1     The Disability Access and Inclusion Plan Committee fully support the
      Disability Services Commission Guideline for accessible printed information.

2.     The information as contained within those guidelines be adopted into the City
       of Bayswater’s Style Guidelines.

3.     The City of Bayswater ensure that all printed documents are produced in a
       readable format.




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ORDINARY COUNCIL MEETING MINUTES                                     24 AUGUST 2010


1.3     Grant Status Report

That the Disability Access and Inclusion Plan Committee - Grant Funding Status
Report be received.

1.4   Renewal of the Disability Access and Inclusion Plan (DAIP) and
Implementation Plan Report

That:

1.      The Committee endorse the renewal process for the 2011 – 2015 Disability
        Access and Inclusion Plan and Implementation Plan.

2.      The final 2011-2015 DAIP Disability Access and Inclusion Plan and
        Implementation Plan be presented for Council’s consideration and
        endorsement in November 2010.

1.5   Creating    Accessible   Communities     Pamphlet   Feedback    –   Footpath
Obstruction

That the Creating Accessible Communities Pamphlet feedback Footpath Obstruction
information be received.

1.6   Creating Accessible Communities Pamphlet Feedback – Russell Street and
Broun Avenue Incident.

That the Creating Accessible Communities Pamphlet feedback on Russell Street and
Broun Avenue Incident information be received.

1.7   Creating Accessible Communities Pamphlet Feedback – Footpaths and
Ramps

That the Creating Accessible Communities Pamphlet feedback information on some
footpaths uneven and ramps not level with the road be received.

                        CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                    Page 260
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



13.6      Minutes of the Security Watch Advisory Committee – 9 August 2010

          Attachments:      1. Minutes of the Security Watch Advisory Committee –
                            9 August 2010
                            2. Confidential Minutes of the Security Watch Advisory
                            Committee – 9 August 2010
          Officer:          A/Director of Administration and Community Services
Application
To inform the Council of the minutes of the meeting of the Security Watch Advisory
Committee 9 August 2010.

Background
Attached is a copy of the minutes of the meeting of the Security Watch Advisory
Committee which was held on 9 August 2010 (refer to Attachment No. 1).

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Security Watch Advisory Committee which was held
on 9 August 2010 be received, and the recommendations contained therein and listed
hereunder be considered:

1.1     Police Crime Statistics – July 2010
That the verbal Police Report by the Officer of the Bayswater Police Station be received
for the month of July 2010.

1.2    Security Watch Status Report – July 2010
That the Security Watch Services Report for the month of July 2010 be received.

1.3    Graffiti Status Report – June 2010
That the Graffiti Programme Status Report for the period 1 June 2010 to 30 June 2010
be received.

1.4    Neighbourhood Watch State Conference
That the Neighbourhood Watch State Conference Report be received

1.5    City of Bayswater CCTV Report – July 2010
That the City of Bayswater CCTV Report – July 2010 be received.

1.6    City of Bayswater Grant Application Status Report
That the City of Bayswater Grant Application Status Report be received.




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1.7   Crime and Safety Seminars for Seniors
That:
1.    The information as contained within the Crime and Safety Seminars for
      Seniors be received.
2.    The City of Bayswater host a Crime and Safety Seminar for Seniors through
      the Office of Crime Prevention.
3.    $800 be allocated from the Functions and Receptions account number
      201000-4480-0000 for the 2010 City of Bayswater Crime and Safety Seminar
      for Seniors.
                       CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                   Page 262
ORDINARY COUNCIL MEETING MINUTES                                        24 AUGUST 2010



13.7       Minutes of the RoadWise Advisory Committee - 10 August 2010

           Attachments:     RoadWise Minutes 10.08.10
           Officer:         Director of Technical Services


At 10:35pm Cr Michael Sabatino withdrew from the meeting.

CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Barry McKenna declared a financial interest in this item as he is the Chairperson for
Bayswater Community Financial Services Ltd.
At 10:37pm Cr Barry McKenna withdrew from the meeting.

CR SYLVAN ALBERT DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sylvan Albert declared a financial interest in this item as he is the Chairperson for
the Maylands Business Association which is in receipt of a $5,000 donation from
Bayswater Community Financial Services Ltd
At 10:37pm Cr Sylvan Albert withdrew from the meeting.

CR SALLY PALMER DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sally Palmer declared a financial interest in this item as an ATM is located at her
place of work.
At 10:37pm Cr Sally Palmer withdrew from the meeting.

CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995,
Cr Alan Radford declared an impartial interest in this item as he is the Director of
Bayswater Community Financial Services.
Cr Alan Radford remained in the room.

MR TED BUDZINSKI DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995,
Mr Ted Budzinksi declared an impartial interest in this item as he is the Director of
Bayswater Community Financial Services. Mr Budzinski remained in the room while
the item was discussed.


Application
To inform Council of Minutes of the Meeting of the RoadWise Advisory Committee
meeting held on 10 August 2010.




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ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


Background
Attached is a copy of the minutes of the meeting of the RoadWise Advisory Committee,
which was held on 10 August 2010.

Voting Requirements
Simple Majority Required

Committee Recommendation to Council
That the Minutes of the meeting of the RoadWise Advisory Committee which was held on
10 August 2010 be received, and the recommendations contained therein and listed
hereunder be approved:
1.1   Advanced Driver Education Initiative
      That:
      1.      Council provide in principle support and investigate funding options once the
              following information has been confirmed;
              (i)    Detailed Project Outline/Timeline;
              (ii)   Marketing/Promotion Proposed; and
              (iii) Method of Selecting Participants.
      2.      The Director of Technical Services pursue funding options for the proposal
              through RoadWise.
1.2   WALGA Speed Enforcement Management Project
      That the Western Australian Local Government Association (WALGA) Speed Enforcement
      Management Project report be received.
1.3   Road Safety Forum and Awards 2010
      That approval be granted for the attendance and associated costs at the Insurance
      Commission of Western Australia’s Road Safety Forum and Awards 2010 to be held
      at the Burswood Entertainment Complex, Perth on Monday, 6 September 2010 for;
              (i)    Mrs Pat Lim;
              (ii)   Cr Alan Radford
              (iii) Mrs Maureen Green; and
              (iii) Cr Graham Pittaway.
1.4   WALGA RoadWise Reports
      That the Western Australian Local Government Association’s (WALGA) RoadWise
      reports for July and August 2010 be noted.
1.5   RoadWise Regional Round-Up
      That the RoadWise Regional Round-Up Newsletters for June and July 2010 be
      noted.
At 10:39pm, Cr Michael Sabatino returned to the meeting.




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Council Discussion
The council discussed this matter and replaced Mrs Maureen Green with an appropriate
staff member as Mrs Green is unable to attend.
COUNCIL RESOLUTION
CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED that the
Minutes of the meeting of the RoadWise Advisory Committee which was held on
10 August 2010 be received, and the recommendations contained therein and listed
hereunder be approved:
1.1   Advanced Driver Education Initiative
      That:
      1.   Council provide in principle support and investigate funding options once
           the following information has been confirmed;
           (i)    Detailed Project Outline/Timeline;
           (ii)   Marketing/Promotion Proposed; and
           (iii) Method of Selecting Participants.
      2.   The Director of Technical Services pursue funding options for the
           proposal through RoadWise.
1.2   WALGA Speed Enforcement Management Project
      That the Western Australian Local Government Association (WALGA) Speed
      Enforcement Management Project report be received.
1.3   Road Safety Forum and Awards 2010
      That approval be granted for the attendance and associated costs at the
      Insurance Commission of Western Australia’s Road Safety Forum and Awards
      2010 to be held at the Burswood Entertainment Complex, Perth on Monday,
      6 September 2010 for;
           (i)    Mrs Pat Lim;
           (ii)   Cr Alan Radford
           (iii) An appropriate staff member; and
           (iii) Cr Graham Pittaway.
1.4   WALGA RoadWise Reports
      That the Western Australian Local Government Association’s (WALGA)
      RoadWise reports for July and August 2010 be noted.
1.5   RoadWise Regional Round-Up
      That the RoadWise Regional Round-Up Newsletters for June and July 2010 be
      noted.
                                                                    CARRIED: 4/3
      FOR:        Councillors Kenyon, Robinson, Pittaway, and Radford
      AGAINST: Councillors Blanchard, Turkington and Sabatino
At 10:48pm, Councillors McKenna, Albert and Palmer returned to the meeting.



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13.8         Minutes of the Meeting of the YMCA Management Advisory Committee

             Attachments:     Minutes of the Meeting held on 11 August 2010
                              Agenda of the Meeting held on 11 August 2010
             Officer:         Director of Finance
Application
To inform the Council of the minutes of the meeting of the YMCA Management Advisory
Committee held on 11 August 2010.

Background
A copy of both the minutes (refer Attachment 1) and agenda (refer Attachment 2) of the
meeting of the YMCA Management Advisory Committee held on 11 August 2010 are
attached.

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the YMCA Management Advisory Committee held on
Wednesday 11 August 2010 be received, and the recommendations contained therein
be considered :
4.0    Financial/Manager's Reports (June 2010)
       4.1      Morley Sport and Recreation Centre
                4.0.1 June 2010
                That the financial/management report for June 2010 for the Morley
                Sport and Recreation Centre be received.
                            CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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13.9         Minutes of the Meeting of the Information Technology Advisory
             Committee

             Attachments:     Minutes of the Meeting held on 16 August 2010
             Officer:         Director of Finance
Application
To inform the Council of the minutes of the meeting of the Information Technology
Advisory Committee held on 16 August 2010.

Background
The minutes of the meeting of the Information Technology Advisory Committee held on
16 August 2010 are attached (refer Attachment 1).

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Information Technology Advisory Committee held on
Monday 16 August 2010 be received, and the recommendations contained therein be
considered:
2      GENERAL BUSINESS
       2.1     Website Redevelopment Project – Demonstration
               That the report on the          Website   Redevelopment    Project   –
               Demonstration be received.
                            CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




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13.10        Minutes of the Meeting of the Residential Aged Care Facilities
             Governance Committee

             Attachments:   Minutes of the Meeting held on 17 August 2010
             Officer:       Director of Finance
Application
To inform the Council of the minutes of the meeting of the Residential Aged Care
Facilities Governance Committee held on 17 August 2010.

Background
The minutes of the meeting of the Residential Aged Care Facilities Governance
Committee held on 17 August 2010 are attached (refer Attachment 1).

Policy Implications
Nil.

Financial Implications
Nil.

Voting Requirements
ABSOLUTE MAJORITY REQUIRED/Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that the
minutes of the meeting of the Residential Aged Care Facilities Governance
Committee held on Tuesday 17 August 2010 be received, and the recommendations
contained therein be considered :
1.1     City of Bayswater Aged Persons Homes 2010/2011 Budget
        That:
        1.    The 2010/2011 Budget with a total operating income of $6.481million
              and operating expenditure of $5.543million showing an operating
              surplus of $937,989 be adopted (as shown on Attachment 1).

        2.    The Schedule of Fees for 2010/2011 covering rental and ingoing
              contributions as per Attachment 2 of this report, be adopted.

        3.    The 2010/2011 capital expenditure budget as per Attachment 3 be
              adopted and the expenditure be funded from the Reserves as
              summarised in Attachment 3.

        4.    The 2010/2011 Reserve Statement as per Attachment 4 be adopted.

ABSOLUTE MAJORITY REQUIRED




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1.2   Review of Prudential Reserve Requirements for 2010/2011 for the Hostel
      That:
      1.   The Liquidity Management Strategy be reaffirmed.

      2.   A transfer of $151,506 from surplus be made to the cash-backed
           prudential reserve resulting in increasing the cash-backed reserve from
           the current level of $419,926 to $571,432.

ABSOLUTE MAJORITY REQUIRED
2.    LATE ITEMS
2.1   Overview of 2009/2010 Operations of City of Bayswater Aged Persons Homes
      That the report of the Executive Manager Operations North, Uniting Church
      Homes, giving an overview of the 2009/2010 Operations of the City of
      Bayswater Aged Persons Homes, be received.
2.2   Roadways and Path Safety at Mertome
      That :
      1.   $12,000 be allocated from the Mertome Aged Care Reserve Account for
           the funding of the repair of the roadways at Mertome Village.

      2.   $10,000 be allocated from the Mertome Aged Care Reserve Account for
           the replacement of the brick pathway adjoining the Function Hall and
           installation of a root barrier.

ABSOLUTE MAJORITY REQUIRED
2.3   Naming of the City of Bayswater Hostel
      That the matter of changing the name of the City of Bayswater Hostel be
      addressed at a future Council Workshop.

                CARRIED UNANIMOUSLY WITH AN ABSOLUTE MAJORITY
                                        BY EN BLOC RESOLUTION




                                    Page 269
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010



14         MAYOR’S REPORT

Avon Descent 2010
The Avon Descent Finish Line Family Fun Day hosted by the City of Bayswater at
Riverside Gardens on Sunday 8 August was a very entertaining and successful day for the
10,000 plus community members attending throughout the day.
All visitors to Riverside Gardens in Bayswater were treated not only to the spectacle of the
paddlers and power boat crews crossing the finish line after one of the toughest Avon
Descents in history, everyone also enjoyed the thrills and spills of the first day of racing
from Northam and Toodyay on the big screen provided at the finish line.
Other attractions included a grandstand view of the finish line, a large variety of food
provided by local vendors, family attractions including face painting, balloon modelling,
jugglers, petting zoo, bouncy castles, monster ball rides and pony rides.
The City of Bayswater looks forward to again welcoming to the competitors of the 2011
Avon Descent in to Riverside Gardens next year and acknowledge the support and
assistance provided by Lotterywest and the East Metropolitan Regional Council in hosting
the community family fun day.


The Mayor thanked the staff involved, they did a wonderful job, Jon Vines, Andrew Ward
and Beverley Bridgland. Well done to all the staff.


2010 Local Government Week “Banners In The Terrace” Award
Each year, local governments across WA have on display in St Georges Terrace, banners
highlighting their local community.
Byron Todd, a Year 2 student at Hampton Primary School had his artwork chosen to be
featured in the 2010 Local Government Week’s Banners in the Terrace Competition.
I am delighted and proud to announce that Byron was the winner of the “Best Junior
Primary School” category.
Congratulations to Byron on a fantastic achievement.
I had the opportunity to visit Byron this morning with all his classmates to present him
with an award and to thank him for taking the time to complete such a fantastic artwork.
I would also like to convey my thanks to Ms Danielle Davenport, the City’s Galleria
Office Coordinator who accompanied me today to the school and who regularly visits our
local schools to meet with our school children and talk with them about the role of local
government, safety and how to become involved in the community, to name just a few.
Thank you Dani.




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Whilst at the school today, I received a commendation on a staff member – Mr Andrew
Ward, the City’s Manager Administration and Recreation Services. The school, teachers
and parents were extremely grateful that Andrew had organised a bus trip for Byron and
his classmates to view Byron’s artwork on show in St Georges Terrace in the City. They
really appreciated the assistance they received from all the staff.
The Mayor thanked the staff involved, Beverley Bridgland, Andrew Ward and Danielle
Davendport.


Staff Acknowledgements
Which brings me to our Acting Director Administration and Community Services, Ms
Beverley Bridgland. Bev and her team which covers administration, recreation,
community services, ranger services and records management have done a fantastic job in
the last 12 months with Bev at the helm. So thank you Bev and please pass on Council’s
appreciation to your staff.
I would like to make special mention of Pat Bell, the City’s Facilities Officer. Councillors
regularly mention what a tremendous job Pat does in looking after us all and the Council
Chambers area. Thank you Pat for all your hard work and for anticipating our needs. It is
noticed and appreciated.
I believe I can say on behalf of all Councillors that our staff are an asset to the City and we
take pleasure in receiving praise for our staff as they all do a fantastic job.
Early on Sunday morning it was discovered that all the goalposts had been pulled out of
the Lightning Park grounds and a football final was due to start at 9:30am. Peter Cassidy
assisted in trying to get the goal posts up in time for the game with hiring a crane. The
Mayor and Councillor Radford reinstated the goalposts with the help of two of the
members from the club and indicated that the city should be providing CCTV footage to
find out who was responsible. The Mayor commended Peter.


                     ****************************************


I would like to take this opportunity to thank the Deputy Mayor and my fellow
Councillors for attending functions on behalf of myself and the City of Bayswater.


I’d also like to commend all the Councillors who gave out medallions at the Avon Descent
this year, Councillors Turkington, Pittaway, Radford, McKenna, Palmer.




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15         AFFIXING OF COMMON SEAL


15.1          Authorisation for Affixing of the Common Seal


CR MARLENE ROBINSON MOVED, CR TERRY BLANCHARD SECONDED
that approval be granted for affixing of the Common Seal to the following
documents:-


Nil.
                                                     CARRIED UNANIMOUSLY
At 10:55pm, Mr George Rimpas withdrew from the meeting.
At 10:58pm, Mr George Rimpas returned to the meeting.

MOTION
CR TERRY BLANCHARD MOVED, CR MICHAEL SABATINO SECONDED
item 16.1.3 be debated in public.

                                                                      LOST: 2/8

       FOR:     Councillor Sabatino and Blanchard
       AGAINST: Councillors Kenyon, McKenna, Robinson, Pittaway,
                Turkington, Palmer, Albert and Radford




                                     Page 272
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16         DISCUSSION OF MATTERS BEHIND CLOSED DOORS

COUNCIL RESOLUTION
CR SALLY PALMER MOVED, CR MARLENE ROBINSON SECONDED that the
meeting be closed to the public and the doors were closed.
                                                                         CARRIED: 9/1
       FOR:     Councillors Kenyon, McKenna, Robinson, Pittaway,
                Turkington, Palmer, Albert, Blanchard and Radford
       AGAINST: Councillor Sabatino


At 11:05pm, the meeting was closed to the public, and those present in the public gallery
left the meeting.
At 11:05pm, Councillors Blanchard, Turkington, Albert and Radford withdrew from the
meeting.
At 11:08pm, Councillors Blanchard, Turkington, Albert and Radford returned to the
meeting.

16.1       Planning and Development Services

At the Planning and Development Services & Administration and Community Services Committee
Meeting:
CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED that the meeting be
closed to the public and the doors were closed.
                                                              CARRIED UNANIMOUSLY

At 9:01pm, the meeting was closed to the public, and those present in the public gallery
left the meeting.




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16.1.1      Status Report - Planning Complaints/Zoning Breaches
            Attachments: Status Report – Planning Compliance
            Officer:         Director of Planning and Development Services

                                CONFIDENTIAL ITEM


At the Planning and Development Services & Administration and Community Services Committee
Meeting:

CR ALAN RADFORD DECLARED A PROXIMTY INTEREST
In accordance with Section 5.65 of the Local Government Act 1995,
Cr Alan Radford declared a proximity interest in this item as this item refers to a property
located next door to his son’s residence.

At 9:01pm Cr Alan Radford withdrew from the meeting.
At 9:02pm Cr Alan Radford returned to the meeting.
CR BARRY MCKENNA DECLARED A PROXIMITY INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Barry McKenna declared a proximity interest in this item as family owns a property
detailed within the report.
At 9:01pm, Cr Barry McKenna withdrew from the meeting.
At 9:01pm, Cr Barry McKenna returned to the meeting.

At 9:03pm, Ms Francesca Lefante withdrew from the meeting.
At 9:06pm, Ms Francesca Lefante returned to the meeting.

CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Barry
McKenna declared a financial interest in this item as his wife is part owner of a
property which is directly opposite a property mentioned in the report.
Cr Barry McKenna withdrew from the meeting at 11:10pm.

CR ALAN RADFORD DECLARED AN IMPARTIAL INTEREST
In accordance with Section 5.65 of the Local Government Act 1995, Cr Alan Radford
declared an impartial interest in this item as a property in the report is next door to a
property owned by his son.
Cr Alan Radford withdrew from the meeting at 11:10pm.
Application
To advise Council of the status of unauthorised planning activities within the City.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is
closed to members of the public for this item as the following sub-section applied:

(b) The personal affairs of any person.



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Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR SYLVAN ALBERT SECONDED that Council
receive this status report on the complaints regarding unauthorised planning
activities, as contained in Attachment No. 1.


                                                 CARRIED UNANIMOUSLY




                                  Page 275
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


At the Planning and Development Services & Administration and Community Services Committee
Meeting:
This item was dealt with following deputations.

16.1.2     Proposed Lease - Bayswater Community Financial Services Ltd
           Location:      Lot 39, No. 14 King William Street, Bayswater
           Applicant:     Bayswater Community Financial Services Ltd
           Owner:         City of Bayswater
           Officer:       Director of Planning and Development Services
           Refer:         Item 8.1: OCM 06.07.2010
                          Item 16.1.2: OCM 22.06.10
                          Item 16.1.3: OCM 23.02.10
                          Item 14.3: OCM 28.10.2008

                                CONFIDENTIAL ITEM


At the Planning and Development Services & Administration and Community Services Committee
Meeting:

CR SYLVAN ALBERT DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sylvan Albert declared a financial interest in this item as he is the Chairperson for the
Maylands Business Association which is in receipt of a $5,000 donation from Bayswater
Community Financial Services Ltd
At 7:05pm, Cr Sylvan Albert withdrew from the meeting.
CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Barry McKenna declared a financial interest in this item as he is the Chairperson for
Bayswater Community Financial Services Ltd.
At 7:05pm, Cr Barry McKenna withdrew from the meeting.
CR ALAN RADFORD DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Alan Radford declared a financial interest as he is the Director of Bayswater
Community Financial Services.

At 7:05pm, Cr Alan Radford withdrew from the meeting.
CR SALLY PALMER DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sally Palmer declared a financial interest in this item as an ATM is located at her
place of work.

At 7:05pm, Cr Sally Palmer withdrew from the meeting




                                         Page 276
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010



CR SYLVAN ALBERT DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sylvan Albert declared a financial interest in this item as he is the Chairperson for
the Maylands Business Association which is in receipt of a $5,000 donation from
Bayswater Community Financial Services Ltd
At 11:10pm Cr Sylvan Albert withdrew the meeting.

CR BARRY MCKENNA DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Barry McKenna declared a financial interest in this item as he is the Chairperson for
Bayswater Community Financial Services Ltd.
At 11:10pm Cr Barry McKenna withdrew the meeting.

CR ALAN RADFORD DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Alan Radford declared a financial interest as he is the Director of Bayswater
Community Financial Services.
At 11:10pm Cr Alan Radford withdrew from the meeting.

CR SALLY PALMER DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Cr Sally Palmer declared a financial interest in this item as an ATM is located at her
place of work.
At 11:10pm Cr Sally Palmer withdrew from the meeting.

MR TED BUDZINSKI DECLARED A FINANCIAL INTEREST
In accordance with Section 5.60A and 5.65 of the Local Government Act 1995,
Mr Ted Budzinski declared a financial interest as he is the Director for Bayswater
Community Financial Services Ltd.
At 11:10pm Mr Ted Budzinksi withdrew from the meeting.
Application
In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is
closed to members of the public for this item as the following sub-section applied:
(c)     A contract entered into, or which may be entered into, by the local government and
        which relates to a matter to be discussed at the meeting

Voting Requirements
Simple Majority Required.




                                        Page 277
ORDINARY COUNCIL MEETING MINUTES                                       24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED
that
1.   Reiterate its previous resolution of 23 February 2010, in relation to the lease of
     Lot 39, No. 14 King William Street, Bayswater to Bayswater Community
     Financial Services Ltd (BCFS), which included the following terms:
     a)   The Term of the lease to be 10 years with a further option of 5 years; and
     b)   The annual return amount to be $34,000 with annual CPI applied for the
          first 5 years and the rent to be reviewed based on market value every 5
          years.
2.   Note the outcome of the local public notice of the disposition by lease of Lot 39,
     No. 14 King William Street, Bayswater to the Bayswater Community Financial
     Services Ltd in accordance with Section 3.58 of the Local Government Act 1995.
3.   Agree to the disposition by lease of Lot 39, No. 14 King William Street,
     Bayswater to the Bayswater Community Financial Services Ltd, in accordance
     with the provisions of Section 3.58 of the Local Government Act 1995 and the
     details of the disposition contained in Council resolution of 23 February 2010.
4.   Authorise the finalisation and execution of the relevant lease documentation.
                                                                       CARRIED: 5/1
     FOR:     Councillors Kenyon, Robinson, Pittaway, Turkington and
              Blanchard
     AGAINST: Councillor Sabatino


At 11:12pm, Councillors Radford, McKenna, Albert, Palmer and Mr Ted Budzinski
returned to the meeting.




                                      Page 278
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


16.1.3           Lots 346 and 347 Woollcott Avenue, Henley Brook/Albion
                 Location:       Lots 346 and 347 Woollcott Avenue, Albion/Henley
                                 Brook
                 Officer:        Director of Planning and Development Services
                 Refer:          Item 8.2: SCM 14.10.2009
                                 Item 7.1: OCM 11.08.2009
                                 Item 13.19: OCM 24.02.2009
                                 Item 13.31: OCM 16.12.2008
                                 Item 14.1: OCM 9.09.2008
                                 Item 12.6: OCM 22.07.2008

                                   CONFIDENTIAL ITEM

Application
To consider the action to be taken in relation to the City’s land at Lots 346 and 347
Woollcott Avenue, Henley Brook/Albion.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is
closed to members of the public for this item as the following sub-section applied:

(c)      A contract entered into, or which may be entered into, by the local government and
         which relates to a matter to be discussed at the meeting

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

(e)      A matter that if disclosed, would reveal –

         (i)  a trade secret;
         (ii) information that has a commercial value to a person; or
         (iii)information about the business, professional, commercial or financial
              affairs of a person,
where the trade secret or information is held by, or is about, a person other than the local
government.

Voting Requirements
Simple Majority Required.




                                          Page 279
ORDINARY COUNCIL MEETING MINUTES                                         24 AUGUST 2010



COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR GRAHAM PITTAWAY MOVED, CR SALLY PALMER SECONDED that:

1.   Council note that there are four (4) potential options to consider in relation to
     the City’s land at Lots 346 and 347 Woollcott Avenue, Henley Brook:

     a) The City take no action;
     b) The City dispose (sale) of the land:
         (i)    Prior to the preparation of a local structure plan; or
         (ii)   Following the preparation of a local structure plan.
     c) The City develop the land; or
     d) The City pursue a joint venture to develop the land.

2.   Council provide in principle support to Option 1b) above – disposal (sale) of
     Lots 346 and 347 Woollcott Avenue, Henley Brook prior to the preparation of a
     local structure plan.

3.   Council authorise the City to prepare a business plan in accordance with
     Section 3.59 of the Local Government Act 1995 for the major land transaction of
     disposal (sale) of Lots 346 and 347 Woollcott Avenue, Henley Brook.

4.   The business plan be referred to Council for consideration and whether to
     proceed with Statewide public notice of the business plan.

                                                                       CARRIED: 6/5
                                                             Casting vote of the Mayor

      FOR:     Councillors Kenyon, McKenna, Robinson, Pittaway, and
               Radford
      AGAINST: Councillors Blanchard, Sabatino, Albert, Turkington and
               Palmer



Item 7.2 was dealt with following Item 16.1.3.
At 11:45pm, Mr Ted Budzinski, Mr Des Abel, Mr George Rimpas, Ms Beverley
Bridgland, Mr Martyn Boyle, Mr Jon Vines, Ms Wardia Du Toit and Ms Erika Kern
withdrew from the meeting to enable Council to deal with Item 7.2.




                                       Page 280
ORDINARY COUNCIL MEETING MINUTES                                            24 AUGUST 2010


16.1.4     Outcome of Asbestos in the Workplace Audit – City of Bayswater
           Buildings
           Attachments: List of High and Extreme Sites
           Officer:      Director of Planning and Development Services


                             CONFIDENTIAL ITEM

Application
To inform Council on the following matters:
1. The outcome of the recently completed asbestos in the workplace audit for the City of
   Bayswater building facilities.
2. The further action to be undertaken by the City as required by the relevant legislation.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that
Council notes the following action to be undertaken by the City in relation to the
asbestos in the workplace audit of the City’s buildings facilities:
1. The outcome of the asbestos in the workplace audit of the City’s buildings as
   prepared by Parsons Brinkerhoff Australia Pty Ltd.
2. The asbestos register of the City’s building facilities be updated in accordance
   with the legislative requirements and be available for viewing at the City’s civic
   centre.
3. All building facilities that have been identified as having the presence of asbestos
   containing material be labelled appropriately in the workplace in accordance
   with the Code of Practice for the Management and Control of Asbestos in the
   Workplace (NOHSC: 2018 (2005)).
4. All parties that control and/or lease a building from the City that has been
   identified in the audit as having asbestos containing material (ACM) be notified
   in writing of the ACM and the findings of the audit so that the areas that have
   ACM are identified on site for any person that may carry out work at the facility.
5. Follow-up works to remove all ‘High’ and ‘Extreme’ risks identified in the audit
   be acted upon immediately in accordance with the Occupational Safety and Health
   Regulations 1996.
6. An appropriate asbestos management plan and procedures be prepared in
   consultation with Parsons Brinkerhoff Australia Pty Ltd and referred to Council
   for consideration and adoption.




                                         Page 281
ORDINARY COUNCIL MEETING MINUTES                                   24 AUGUST 2010


7. A programme for removal of asbestos containing materials from the City’s
   buildings including condition, priorities, costs and timeframes, be developed,
   referred to Council for consideration and adoption, and the adopted programme
   works be considered as part of future budgets.
                       CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                    Page 282
ORDINARY COUNCIL MEETING MINUTES                                          24 AUGUST 2010



16.2         Administration and Community Services

16.2.1       Generations Care – Family House For Community Youth Project Annual
             Report
             Location:      Property Number 3298
             Attachment:    1. Confidential Quarterly Reports from 1 July 2009 – 30
                            June 2010
             Officer:       A/Director of Administration and Community Services

                                CONFIDENTIAL ITEM

Application
To advise Council of the Generations Care - Family House for Community Youth Project
annual report.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is
closed to members of the public for this item as the following sub-section applied:

         (c) A contract entered into or which may be entered into, by the local government
         and which relates to a matter to be discussed at the meeting.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.       The Generations Care Family House for Community Youth Annual Report be
         received.
2.       The future use of the building be discussed at a Councillor workshop.
                           CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                         Page 283
ORDINARY COUNCIL MEETING MINUTES                                           24 AUGUST 2010


16.2.2       Contract at Zone Out – Youth Space at the Les Hansman Community Centre
             Report
             Attachment:     1. Draft Tender Document Specifications
                             2. Form of Agreement
             Officer:       A/Director of Administration and Community Services
             Refer:         Item: 15.5.1 OCM 27 April 2004
                            Item: 11.10.3 OCM 26 October 2004
                            Item: 11.3.2 OCM 28 June 2005
                            Item: 11.3.3 OCM 22 November 2005
                            Item: 11.2.1 OCM 21 November 2006
                            Item: 11.3.2 OCM 24 April 2007
                            Item: 11.3.2 OCM 28 August 2007


                                   CONFIDENTIAL ITEM

Application
1.       For Council to consider the needs for a youth activity for the Zone Out Youth Space at
         the Les Hansman Community Centre.
2.       For Council to consider a new Youth Service arrangement.

Voting Requirements
Simple Majority Required.

COUNCIL RESOLUTION
(COMMITTEE/OFFICER RECOMMENDATION)
CR SALLY PALMER MOVED, CR GRAHAM PITTAWAY SECONDED that:
1.       The report on the Contract at the Zone Out Youth Space at the Les Hansman
         Centre be received
2.       The youth programmes to be delivered to the next Councillor Workshop
         scheduled for September 2010 to enable discussion and strategic direction,
         expectation and outcomes on youth programmes at the Les Hansman Centre and
         the Maylands Multi Purpose Centre.
                                    CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION




                                           Page 284
ORDINARY COUNCIL MEETING MINUTES       24 AUGUST 2010



16.3   Technical Services

Nil.




                            Page 285
ORDINARY COUNCIL MEETING MINUTES          24 AUGUST 2010



16.4   Finance and Personnel

Nil.




                               Page 286
ORDINARY COUNCIL MEETING MINUTES                                      24 AUGUST 2010



COUNCIL RESOLUTION
CR TERRY BLANCHARD MOVED, CR GRAHAM PITTAWAY SECONDED that
the meeting be re-opened to the public and the doors were re-opened.

                                                          CARRIED UNANIMOUSLY

At 11.55pm, the meeting was re-opened to the public and the doors were re-opened, Mr Ted
Budzinski, Mr Des Abel, Mr George Rimpas, Ms Wardia Du Toit and Ms Erika Kern
returned to the meeting, however no members of the public returned to the meeting.
Ms Beverley Bridgland, Mr Martyn Boyle and Mr Jon Vines did not return to the meeting.



CLOSURE


  THERE BEING NO FURTHER BUSINESS TO DISCUSS, THE CHAIRPERSON,
    HIS WORSHIP THE MAYOR, CR TERRY KENYON, JP DECLARED THE
                   MEETING CLOSED AT 11:56PM.




                                       Page 287

				
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