council agenda 1 september 2009 - city of stirling meetings... · 10.3/8.2 to approve an amended...

AGENDA

ORDINARY MEETING OF COUNCIL 1 SEPTEMBER 2009

Disclaimer Members of the public should note that in any discussion regarding any planning or other application that any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not to be taken as notice of approval from the City. No action should be taken on any item discussed at a Council meeting prior to written advice on the resolution of the Council being received. Any plans or documents contained in this document may be subject to copyright law provisions (Copyright Act 1968, as amended) and the express permission of the copyright owner(s) should be sought prior to the reproduction.

TABLE OF CONTENTS ITEM SUBJECT PAGE

PRELIMINARIES 7

1. OFFICIAL OPENING 8

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE 8

APOLOGIES 8

APPROVED LEAVE OF ABSENCE 8

3. DISCLOSURES OF INTERESTS 8

4. PETITIONS 9

4.1 PETITION - OBJECTION TO THE PROPOSED CONSTRUCTION OF THE FOOTPATH ON THE NORTHERN SIDE OF HOLMESFIELD CRESCENT, CARINE

9

4.2 PETITION - OBJECTION TO THE PROPOSED FOOTPATH ON THE NORTHERN SIDE OF HOLMESFIELD CRESCENT, CARINE

10

4.3 PETITION - OBJECTION TO THE ERECTION OF A DIVIDING FENCE NOT MEETING COUNCIL STANDARDS

10

5. PUBLIC QUESTION TIME 11

5.1 RESPONSES TO PREVIOUS QUESTIONS FROM MEMBERS OF THE PUBLIC TAKEN ON NOTICE

11

5.1.1 PUBLIC QUESTION TIME – W MONKS 11

5.1.2 PUBLIC QUESTION TIME – P CHORLEY 12

5.1.3 PUBLIC QUESTION TIME - C ARRELL 13

5.1.4 PUBLIC QUESTION TIME - D CUSCUNA 13

5.1.5 PUBLIC QUESTION TIME – M BARLOW 14

5.1.6 PUBLIC QUESTION TIME – P BELL 15

5.1.7 PUBLIC QUESTION TIME - D CUSCUNA 16

5.2 PUBLIC QUESTION TIME 16

6. APPLICATIONS FOR LEAVE OF ABSENCE 16

7. CONFIRMATION OF MINUTES 16

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER 16

9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS 17

10. REPORTS AND RECOMMENDATIONS OF COMMITTEES

18

ITEM SUBJECT PAGE

HOUSE COMMITTEE - 18 AUGUST 2009 18

10.1/HSC1 DISPOSAL OF UPRIGHT PIANO 18

10.1/HSC2 APPROVAL FOR DELIVERY OF COMMUNITY EVENTS ‘GREAT GARDENS’ IN RECEPTION HALL

22

10.1/HSC3 REQUEST TO BOOK RECEPTION HALL FOR CULTURAL DEVELOPMENT SEMINAR

25

10.1/8.1 PUBLIC OPEN SPACE RENAMING REQUEST - ALANA'S PROJECT - SALMAR EDALE RESERVE, WESTMINSTER (CONFIDENTIAL)

27

AUDIT COMMITTEE - 19 AUGUST 2009 28

10.2/CPG1 RISK MANAGEMENT 28

10.2/IA1 INTERNAL AUDIT REPORT 30

RESOURCE MANAGEMENT COMMITTEE - 25 AUGUST 2009 43

10.3/HR1 STAFF ESTABLISHMENT REPORT AS AT 31 JULY 2009 43

10.3/F1 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 1 ENDING 31 JULY 2009

45

10.3/F2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 31 JULY 2009

52

10.3/F3 CONSULTANT AND LEGAL EXPENSES FOR THE PERIOD ENDING 31 JULY 2009

77

10.3/F4 ADOPTION OF PERCENTAGE TO BE USED IN STATEMENTS OF FINANCIAL ACTIVITY FOR REPORTING MATERIAL VARIANCES

80

10.3/F5 EXPRESSION OF INTEREST FOR LIVE STREAMING COUNCIL AND COMMITTEE MEETINGS TO THE INTERNET (HELD OVER TO COUNCIL)

84

10.3/AM1 DEDICATION OF ROW 29029 LOCATED BETWEEN CAMDEN ST AND SMITH ST DIANELLA

88

10.3/AM2 DES PENMAN RESERVE - PROPOSED DEMOLITION OF KINDRA WAY PUBLIC TOILETS AND CHANGEROOMS

93

10.3/A1 NOTICE OF MOTION REPORT TO COUNCIL 4 AUGUST 2009 - LEGAL ADVICE (HELD OVER TO COUNCIL)

97

10.3/8.1 AMENDMENT TO THE 2009/2010 INTEREST REVENUE BUDGET (CONFIDENTIAL)

103

10.3/8.2 TO APPROVE AN AMENDED OFFER OF COMPENSATION IN FULL SATISFACTION OF THE CLAIM FOR THE TAKING OF LOT 90, HOUSE NUMBER 912, BEAUFORT STREET, INGLEWOOD (CONFIDENTIAL)

105

ITEM SUBJECT PAGE

10.3/8.3 APPROVAL OF CHARGED EXPENSES (CONFIDENTIAL)

(FINANCIAL INTEREST - CHIEF EXECUTIVE OFFICER)

107

INFRASTRUCTURE AND COMMUNITY DEVELOPMENT COMMITTEE - 25 AUGUST 2009

108

10.4/CS1 FINDINGS FROM CONSULTATION PROCESS REGARDING PROPOSED MIRRABOOKA MULTICULTURAL CENTRE

(IMPARTIAL INTEREST - COUNCILLOR BOOTHMAN AND COUNCILLOR MICHAEL)

108

10.4/ED1 COASTAL DEFENSIVE MEASURES WATERMANS BAY

(IMPARTIAL INTEREST - COUNCILLOR STEWART)

124

10.4/RL1 REQUEST FOR EXTENSION OF C.A.L.D. YOUTH, SPORT, RECREATION AND LEISURE PROJECT

131

10.4/RL2 PROPOSED MULTI PURPOSE FACILITY AT GRENVILLE RESERVE, TUART HILL

(IMPARTIAL INTEREST - COUNCILLOR MICHAEL)

135

10.4/RL3 FEDERAL FUNDING - $220 MILLION BOOST TO COMMUNITY INFRASTRUCTURE PROGRAM

143

10.4/RL4 HERB GRAHAM RECREATION CENTRE - GYM OPERATION

(IMPARTIAL INTEREST - COUNCILLOR BOOTHMAN)

152

10.4/RL5 PUBLIC OPEN SPACE EXERCISE EQUIPMENT POLICY 157

10.4/RL6 PUBLIC OPEN SPACE BARBEQUE POLICY 166

10.4/RL7 PUBLIC TOILET POLICY 172

10.4/PR1 KANGAROO POPULATION SURVEY - BUSHLAND COTTONWOOD CRESCENT DIANELLA

180

10.4/PR2 DRAFT COASTAL FORESHORE ACTION PLAN - PART 2 202

10.4/PR3 DRAFT DIANELLA REGIONAL OPEN SPACE ENVIRONMENTAL MANAGEMENT PLAN

206

10.4/PR4 IMPLICATIONS OF CEASING TO PLANT BOX TREES AS STREET TREES WITHIN THE CITY OF STIRLING

211

10.4/TE1 TENDER FOR THE SUPPLY AND DELIVERY OF VARIOUS LANDSCAPE SOIL MIXES, MULCHES AND POTTING MIX WITHIN THE CITY OF STIRLING

222

ITEM SUBJECT PAGE

10.4/TE2 TENDER FOR THE SUPPLY AND DELIVERY OF TWO (2) 4X2, AND/OR TWO (2) 6X4 DOMESTIC REFUSE DUAL CONTROL CAB CHASSIS AND/OR TWO (2) 18M3 AND/OR TWO (2) 22M3 OR 25M3 SIDE LOADER REFUSE COMPACTOR BODY

227

10.4/TE3 TENDER FOR PROFILING OF ROAD PAVEMENTS 241

10.4/A1 OSBORNE PARK AGRICULTURAL SHOW 2009 247

10.4/A2 CHRISTMAS AT SCARBOROUGH 2009

(IMPARTIAL INTERST - COUNCILLOR STEWART)

253

11. REPORTS FOR CONSIDERATION IN ACCORDANCE WITH SECTION 4.2(3) OF THE MEETING PROCEDURES LOCAL LAW 2009

259

11.1 ANNUAL REVIEW OF DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER 2008/2009

259

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 283

12.1 NOTICE OF MOTION - COUNCILLOR COLLINS: DEMOLITIONS 283

12.2 NOTICE OF MOTION - COUNCILLOR STEWART: STAGE FACILITIES AT THE SCARBOROUGH AMPHITHEATRE

286

12.3 NOTICE OF MOTION - SIGNIFICANT TREE REGISTER 289

13. NOTICE OF MOTION FOR CONSIDERATION AT THE NEXT MEETING 294

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

294

15. NEW BUSINESS OF AN URGENT NATURE 294

16. MATTERS BEHIND CLOSED DOORS 294

17. CLOSURE 294

AGENDA OF THE ORDINARY MEETING OF COUNCIL 1 SEPTEMBER 2009

7

NOTICE OF MEETING

Dear Mayor and Councillors, I advise that an Ordinary Meeting of the Council will be held in the City of Stirling Council Chamber, 25 Cedric Street, Stirling on Tuesday, 1 September 2009 commencing at 7.00pm.

Stuart Jardine Chief Executive Officer

VISION Stirling: The City of Choice MISSION To lead in the delivery of responsive, sustainable services to the City's diverse community. In doing this, the City seeks to preserve and enhance its environment and lifestyle, now and into the future. VALUES The City of Stirling's core values are:

• Integrity • Diversity • Environment • Respect • Community Participation • Accountability

PRELIMINARIES 1. Opening prayer:

"Almighty God we ask you to guide us in all our discussions to show goodness, honesty, understanding and wisdom in all that we undertake to do. May we respect each other's views at all times and we ask all of this in your name."

2. Councillors and visitors are requested to turn off mobile phones.

3. Councillors and staff are reminded to disclose any declarations of financial interests and interests affecting impartiality.

4. All Councillors are requested to activate their microphones when addressing the meeting.

5. Councillors and visitors are reminded that audio recording of the Council meeting proceedings is prohibited unless prior approval has been granted by the City of Stirling.


8

1. OFFICIAL OPENING The Mayor to declare the Ordinary meeting of Council open.

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

APOLOGIES Councillor Giovanni Italiano JP (granted a leave of absence for the period 10 August 2009 to 6 September 2009 inclusive).

APPROVED LEAVE OF ABSENCE Councillor Giovanni Italiano JP (granted a leave of absence for the period 10 August 2009 to 6 September 2009 inclusive).

3. DISCLOSURES OF INTERESTS The Chief Executive Officer disclosed a Financial Interest in Item 10.3/8.3 as the item relates to his contract of employment and accordingly left the meeting prior the discussion and vote on the matter. Councillor David Boothman disclosed an Impartial Interest in Item 10.4/CS1 as he lives in the area. Councillor David Michael disclosed an Impartial Interest in Item 10.4/CS1 as he was a member of Peter Tinley's campaign committee who made the promise in the 2007 federal election. Councillor David Michael disclosed an Impartial Interest in Item 10.4/RL2 as he is a member of the Tuart Hill Cricket Club who are a user of Grenville Reserve. Councillor David Boothman disclosed an Impartial Interest in Item 10.4/RL4 as he lives in the area. Councillor Bill Stewart disclosed an Impartial Interest in Item 10.4/ED1 as he is a local resident of the suburb of 'Watermans Bay'. Councillor Bill Stewart disclosed an Impartial Interest in Item 10.4/A2 as some members of the Scarborough Beach Association Committee were either directly or indirectly involved in the Local Government Election in 2007 for the coastal ward for which he is a candidate.


9

4. PETITIONS

4.1 PETITION - OBJECTION TO THE PROPOSED CONSTRUCTION OF THE FOOTPATH ON THE NORTHERN SIDE OF HOLMESFIELD CRESCENT, CARINE

The following petition containing 37 signatures has been received by the City:- "We the undersigned petition Council to locate the proposed footpath on the southern side of Holmesfield Crescent, Carine. The footpath should be located on the southern side for the following reasons;

• The footpath being located on the southern side will provide a safer and more direct route for residents and their children to Carine schools, ovals and parks.

• The City of Stirling's proposal does not provide a safer route to schools, ovals and parks. • The City of Stirling's proposal will not allow pedestrians to continue to the end of Holmesfield

Crescent, rather pedestrians will be forced out onto the busier Osmaston Road and then pedestrians will be forced to negotiate traffic at the T junction entry of Osmaston Road and Holmesfield Crescent, before continuing onto the safer traffic controlled roundabout intersection of Osmaston Road and Everingham Street (which is accessible from the end of Holmesfield Crescent).

• By the City of Stirling locating the footpath on the southern side will be a greater benefit and safety will be obtained from those residing in streets south of Holmesfield Crescent as they will directly access the footpath without having to negotiate another road crossing."

The petition has been forwarded to the Engineering Design Business Unit. Officer's Comment The City of Stirling forwarded a plan to local residents proposing to construct a footpath on the North side of Holmesfield Crescent, Carine. Further to input from residents and subsequent site inspections by the City during peak times of student flow, the City agrees that it is not optimal to cross from the South to the North and back to the South again. The construction has ceased effective immediately. The design will be amended accordingly to show the new location of the path to be on the South side of Holmesfield Crescent, Carine.


10

4.2 PETITION - OBJECTION TO THE PROPOSED FOOTPATH ON THE NORTHERN SIDE OF HOLMESFIELD CRESCENT, CARINE

The following petition containing 7 signatures has been received by the City:- "The alignment of this footpath will encourage children from Carine Primary and High Schools to cross Holmesfield Crescent at two dangerous bends, where visibility is poor for both drivers and pedestrians. On one bend, downhill traffic speeds regularly exceed 50Kph" The petition has been forwarded to the Engineering Design Business Unit. Officer's Comment The City of Stirling forwarded a plan to local residents proposing to construct a footpath on the North side of Holmesfield Crescent, Carine. Further to input from residents and subsequent site inspections by the City during peak times of student flow, the City agrees that it is not optimal to cross from the South to the North and back to the South again. The construction has ceased effective immediately. The design will be amended accordingly to show the new location of the path to be on the South side of Holmesfield Crescent, Carine.

4.3 PETITION - OBJECTION TO THE ERECTION OF A DIVIDING FENCE NOT MEETING COUNCIL STANDARDS

The following petition containing 18 signatures has been received by the City:- "I, the resident of 73 Millcrest Street, Scarborough now feel like im in prison due to the ghastly looking monstrosity of a fence which was erected between numbers 71 and 73. I feel the fence is too high, not in a straight line and tiers upwards instead of downwards from our existing side fence." The petition has been forwarded to the Health and Compliance Business Unit.


11

5. PUBLIC QUESTION TIME

5.1 RESPONSES TO PREVIOUS QUESTIONS FROM MEMBERS OF THE PUBLIC TAKEN ON NOTICE

5.1.1 PUBLIC QUESTION TIME – W MONKS The following questions were submitted by Mr W Monks, 21 Bushey Road, Wembley Downs, WA 6019 prior to the Council meeting held 18 August 2009. "Q1. Mr Mayor in the Stirling Times dated 14/7 in response to the calling of electors at the

special meeting you were quoted as follows “the City was committed to addressing residents concerns and would give due consideration to the matters raised at the meeting” so when are you going to give due consideration to the matters raised and commit to addressing residents concerns raised at the Special Electors Meeting and advise the petitioners?"

“Q2. Mr Mayor to support the Western Suburbs Greening Plan the City of Nedlands offers

subsidised native seedlings for Nedlands residents at subsidised costs of $1.50 each so when is this Council as part of the Green Plan 2 programme going to encourage residents to do the same?"

“Q3. Mr Mayor it was recently advertised in July 2009 that the Council would support the

community in Joondanna with the community “organic” garden project which we support – yet in Wembley Downs and Scarborough this Council did not support a community tree planting programme so we would like to know why one community group gets unfettered support yet we do not - particularly as we lodged the proposal to you in February 2009 and isn’t Councils attitude outright discriminatory?”

A1-3. The Mayor advised the questions would be taken on notice and a written response

provided. Additional Information A1. The outcome of the special electors meeting was presented to council at the meeting held

Tuesday 18 August 2009. The council at this meeting received the minutes of the special electors meeting held 29 July 2009 and noted the motion passed at the special electors meeting, however the motion calls for no action from the Council. As such aside from noting this motion there is no further action required from Council.

A2. The City agrees with the merit of such a program and is not opposed to such a scheme,

however considering the size of the City of Stirling (193,000 residents versus Nedlands of 22,012 residents) the required resources including number of plants required, staff time to administer, marketing and promotions of the scheme and sourcing of plants need to be assessed. This type of scheme could be investigated and considered for the budget in future years.

A3. The City approved the Joondanna Community Food Garden at its meeting on 23 June

2009. This followed a process where Council firstly approved a programme involving establishment of two community gardens within the City of Stirling. This approval was not linked to any community group. Council officers then promoted the opportunity to establish a community garden through local media and City publications seeking expressions of interest.


12

The process of identifying suitable sites and projects took approximately six months and involved supporting interested parties to develop their proposals. Since Council approval of the Joondanna site Council officers have been providing support and advice to the successful group on establishing the community food garden. This was a City initiated project and retains a high degree of Council officer input. The City has not provided "unfettered support" to any community group as the process outlined above indicates. The community food garden project was also open to any individual or existing community group to express interest and become involved and as such could not be termed as "discriminatory" as stated in the question.

5.1.2 PUBLIC QUESTION TIME – P CHORLEY The following questions were submitted by Mr P Chorley, 43 Paris Way, Karrinyup WA 6018 at the Council meeting held 18 August 2009. “Q1. Will the Council allow the advertising of the petitions to rezone Paris Way to R25, in the

knowledge that their decision will be contrary to the State Government commitment to COAG to ensure that regulation is in the public interest, with benefit outweighing the costs?"

“Q2. Are the Council aware that the better regulation commitment is relevant as 64% of the

Paris Way ratepayers reject the rezoning in August 2009 due to not wanting to loose their current social and lifestyle benefits."

“Q3. Are the Council aware that this decision has the potential to increase living costs from the

negative externalities created by development activities from 36% of the supporter to the rezoning (externalities include, noise pollution, air pollution, street congestion and road accidents, home greenhouse gas emissions and loss of social wellbeing)."

A1-3. The Mayor advised the matter is up for debate on tonight’s agenda and Council has

received considerable input from various submissions and sources. The Council will take all the input on board when a decision is being made. The Mayor also advised the questions would be taken on notice and a written response provided.

Additional Information A1-3. At the Council meeting held 18 August 2009, Council considered the petitions and issues

for and against the possible recoding of the Paris Way Subject Lots and has resolved to endorse the draft Karrinyup-Gwelup Local Area Plan for release for public advertising with the Subject Lots shown as R20 (this being the current zoning). The document will be modified accordingly and released for public comment in the near future.


13

5.1.3 PUBLIC QUESTION TIME - C ARRELL The following question was submitted by Mr C Arrell, C/- Lot 211, 677 Beaufort Street, Mt Lawley, WA 6050 at the Council meeting held 18 August 2009. "Q1. In regards to the application to refurbish Lot 211, 677 Beaufort Street, Mt Lawley, will you

be voting in support of the officers recommendation that has not been changed since the application was submitted and considered late last year. Which is to approve the application to refurbish an already approved licensed venue, not requesting any changes to its approvals planning or liquor licensing hours?"

A1. The Mayor advised that the matter is on tonight’s agenda and individual Councillors will

base their voting on issues as they see them and the question would be taken on notice and a written response provided.

Additional Information A1. Council debated the application for the refurbishment of Lot 677, Beaufort Street, Mount

Lawley, at it's meeting on the 18 August 2009. At that meeting, Council resolved to approve the application, subject to conditions, including a condition that the operating hours of the Restaurant be restricted as follows: Sunday to Thursday 6:00am to 12:00 midnight, Friday to Saturday 6:00am to 1:00am.

5.1.4 PUBLIC QUESTION TIME - D CUSCUNA The following questions were submitted by Mr D Cuscuna, 22 Howes Crescent, Dianella, WA 6059 at the Council meeting held 18 August 2009. "Q1. On the City's website under Local Area Planning 'Latest News', the City of Stirling's

website states that "The Dianella Reviewed Implementation Plan for 2009/2010 has also been finalised and is available for public viewing here. When was this document, the 'Dianella Implementation Plan 2009/2010', approved by Council and who authorised this review?"

A1. The Acting Chief Executive Officer advised that his understanding was that the actual

implementation plans were not approved by Council, they are an outcome of the local area plan itself, and they relate to the implementation of it and were prepared by City officers as part of the implementation process

"Q2. Isn't it true that this key City of Stirling local area planning document is officially known as

the 'Dianella Local Area Implementation Plan 2009/2010'?" A2. The Acting Chief Executive Officer advised the question would be taken on notice and a

written response provided. "Q3. When will the City introduce quality controls to ensure such key planning documents are

thoroughly checked and are easy to read before they are released for 'public viewing'?


14

For example, the Dianella Local Area Implementation Plan 2009/2010 incorrectly refers to

the 2009/2010 Carine-Hamersley Local Area Implementation Plan on page 2, has many typographical and page formatting inconsistencies, and is hard to read. Even 'Stirling' is incorrectly spelt in the Balcatta-Stirling Local Area Implementation Plan 2009/2010 that was finalised on 17 April 2009 (in the header on 20 out of 21 pages) plus no page numbers on pages 3 to 21. Why doesn't someone at the City actually read these documents before they are approved for public release?"

A3. The Mayor advised that the question would be taken on notice and a written response

provided. He further advised that the errors will be looked at and corrections made if necessary.

Additional Information A1. The Local Area Implementation Plans (of which there are 3 for 2009-10) are prepared

and reviewed annually by the City Planning Business Unit as part of the Local Area Planning Program. The Implementation Plans are not Council approved, they are primarily working documents to guide the City's business units in progressing outcomes and actions arising from adopted Local Area Plans.

A2. It is correct that the key City of Stirling local area planning document is officially known as

the 'Dianella Local Area Implementation Plan 2009/2010. A3. It is agreed that public documents should be the subject of quality control review before

release. In this instance, these documents have been withdrawn from the City's website to review the accuracy of their content. As noted in A1 above, these are intended primarily as internal City working documents.

5.1.5 PUBLIC QUESTION TIME – M BARLOW The following questions were submitted by Mr M Barlow, 9 Ramsay Street, Karrinyup WA 6018 at the Council meeting held 18 August 2009. "Q1. Should Council determine that the Paris Way Lots should be rezoned to R25 or R30, what

measures will be taken to compensate ratepayers from this precinct who are opposed to the change for their loss of amenity?"

A1. The Mayor advised that the matter is on tonight’s agenda and the question would be

taken on notice and a written response provided. "Q2. Will the Council compensate precinct ratepayers opposed to any rezoning for any

associated infrastructure costs?" A2. The Mayor advised the question would be taken on notice and a written response

provided.


15

Additional Information A1-2. The questions presented appear to pre-empt Council's decision on this matter and as a

result were taken on notice. The City can advise that at the 18 August 2009 meeting, Council has considered the matter of the Paris Way Subject Lots and has resolved to endorse the draft Karrinyup-Gwelup Local Area Plan for release for public advertising with the Subject Lots shown as R20 (this being the current zoning). The document will be modified accordingly and released for public comment in the near future.

5.1.6 PUBLIC QUESTION TIME – P BELL The following questions were submitted by Mr P Bell, 18 Brown Street, Claremont WA 6010 at the Council meeting held 18 August 2009. "Q1. How much weight will the Councillors be giving to the fact that in relation to a proposed

refurbishment at House Number 677, Beaufort Street, Mount Lawley there has been:-

1. No change to the trading conditions. 2. No change to the use of the premises. 3. No change to the exciting licence which has been formally reviewed by the

Department of Racing, Gambling and Liquor at request at the City of Stirling. 4. The Planning Department at the City of Stirling has twice put this application up for

approval. 5. That the Planning and Development Committee has twice voted in favour of this

application. 6. That the applicant has met some Councillors and have changed plans

significantly." A1. The Mayor advised that the matter is on tonight’s agenda and the question would be

taken on notice and a written response provided.

The Acting Chief Executive Officer further advised that the Councillors will consider all the relevant factors and information before them tonight as they consider and make a decision on this matter.

Additional Information A1. Council debated the application for the refurbishment of lot 677 Beaufort Street, Mount

Lawley at it's meeting on the 18 August 2009. At that meeting, Council resolved to approve the application, subject to conditions, including a condition that the operating hours of the Restaurant be restricted as follows: Sunday to Thursday 6:00am to 12:00 midnight, Friday to Saturday 6:00am to 1:00am. As previously advised by the Acting Chief Executive Officer, the Councillors will consider all the relevant factors and information before them as they consider and make a decision on this matter.


16

5.1.7 PUBLIC QUESTION TIME - D CUSCUNA The following question was submitted by Mr D Cuscuna, 22 Howes Crescent, Dianella, WA 6059 at the Council meeting held 18 August 2009. "Q4. Just following on for where I was almost finished last time, my question relates to why

someone at the City doesn’t actually read these important local area planning documents before they are released for public viewing? It is hardly representative of a quality organisation."

A4. The Mayor advised that he agreed it was unacceptable and the City will get those

instances looked at. He further advised that the question would be taken on notice and a written response provided.

Additional Information A4. It is agreed that public documents should be the subject of quality control review before

release. In this instance, these documents have been withdrawn from the City's website to review the accuracy of their content. As noted in A1 above, these are intended primarily as internal City working documents.

5.2 PUBLIC QUESTION TIME Nil.

6. APPLICATIONS FOR LEAVE OF ABSENCE Councillor Rose has requested a leave of absence for the period 21 September 2009 to 12 October 2009 inclusive.

7. CONFIRMATION OF MINUTES That the Minutes of the Ordinary Meeting of Council meeting of 18 August 2009 be confirmed, and signed by the Chairman as a true and correct record of proceedings.

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER Nil.


17

9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS Nil.


18

10. REPORTS AND RECOMMENDATIONS OF COMMITTEES

HOUSE COMMITTEE - 18 AUGUST 2009

10.1/HSC1 DISPOSAL OF UPRIGHT PIANO This item was REFERRED BACK to the House Committee meeting to be held 18 August 2009 at the Council meeting held 7 July 2009 to allow organisations to be approached in writing by the City seeking expressions of interest for the upright piano. Additional information and a revised recommendation are provided at the end of this report.

Report Information

Location: City of Stirling - Civic Complex

Applicant: Not Applicable

Reporting Officer: Manager Governance and Council Support

Business Unit: Governance and Council Support

Ward: Not Applicable

Suburb: Not Applicable Moved Councillor Re, seconded Councillor Tyzack

THE COMMITTEE RECOMMENDS TO COUNCIL

That Council DONATE the Upright Piano to the Dianella Scouts Group. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Proud, Re, Rose, Tyzack and Willox. Against: Nil.

Recommendation (refer revised recommendation page 20)

1. That Council APPROVAL be given for the auction of the Zimmermann upright Piano (asset number 3085694) located in the Council Chambers store room.

2. That Council NOTE that any profit resulting from the auction of the piano will be credited to the Elected Members cost centre - A0105.


19

Report Purpose

To seek Council approval to auction the discussed Zimmermann upright piano located in the Council Chambers store room with the transfer of any profits being deposited into the Elected Members cost centre – A0105.

Relevant Documents

Attachments: Photographs - Zimmermann Upright Piano. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

At the Council meeting held 27 September 2005, Council resolved as follows (inter alia):- "That Council APPROVES the purchase of a baby grand piano for the reception hall and that this item be CONSIDERED as part of the 2005/2006 February budget review process." Following on from this resolution, in 2006 a baby grand piano was purchased for the City's Reception Hall. The baby grand piano replaced the existing Zimmermann upright piano which was relocated into the Council Chambers storeroom for storage. Since then, the upright piano has not been used although is still in a good condition, however may need to be tuned before it is auctioned.

Comment

During a recent review of items contained in the Council Chambers storeroom, it was identified that the piano had not been used in a number of years. Governance and Council Support have liaised with relevant Business Units throughout the City in regard to the possible relocation of the piano however, it was identified that there is no requirement for the piano at any of the City’s facilities. Council approval is therefore sought to dispose of the disused piano via auction with all profits being credited to cost centre A0105.

Consultation/Communication Implications

Nil.

Policy and Legislative Implications

Council can dispose of the piano via auction in accordance with policy A406106 – Disposal of Property.

Financial Implications

All monies received from the auction of the piano will be credited to the Elected Members cost centre (A0105).


20

Strategic Implications

Nil. Additional Information The Director Community Development contacted all community centres and clubs and asked if they would be interested in accepting the donation of the Upright Piano. There was no interest shown in the piano, as the community centres and clubs who would have a use/need for a piano already had one. The Dianella Scouts were the only group that expressed an interest in the piano. The Dianella Scouts are located in Light Street, Dianella and they are willing to organise the pick up and transport of the piano from the City of Stirling to their hall. As such there would be no cost to the City. Revised Recommendation That Council DONATE the Upright Piano to the Dianella Scouts Group.


21

ATTACHMENT TO ITEM 10.1/HSC1 - DISPOSAL OF UPRIGHT PIANO


22

10.1/HSC2 APPROVAL FOR DELIVERY OF COMMUNITY EVENTS ‘GREAT GARDENS’ IN RECEPTION HALL

Report Information

Location: Not Applicable


Reporting Officer: Manager Economic Development and Urban Regeneration

Business Unit: Economic Development and Urban Regeneration


Moved Councillor Re, seconded Councillor Willox


That Council APPROVE the annual delivery of 'Great Gardens' events in the Reception Hall. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Proud, Re, Rose, Tyzack and Willox. Against: Nil.

Recommendation

That Council APPROVE the annual delivery of 'Great Gardens' events in the Reception Hall.

Report Purpose

To seek endorsement by Council to deliver an annual series of 'Great Gardens' community events.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Great Gardens events are free education workshops for the community which offer advice, assistance and information on waterwise, native, organic gardening and sustainable living in a fun and informal evening workshop. The workshops are held from 6pm to 9.30pm on a weeknight evening with a refreshment break at half time hosted in the City’s Reception Hall.


23

There are a range of stalls and information stands with information and advice as well as presentations by expert guest speakers and prizes. Each workshop typically attracts 200 people and the size combined with set up requirements limits venue choice to the City’s Reception Hall. The City has been delivering these events to the community since 2005, and most recently in 2008 hosted eight workshops with approximately 1600 participants. The ongoing popularity and high level of accolades the City receives after the events via email and mail, commending the provision of such events demonstrates the continued demand from and relevance to the community. Further the City’s 2009 Community Perceptions Survey recorded that 8 out of 10 residents believe that the City should be providing a greater number and variety of community education events and opportunities for learning about sustainable living. The continued delivery of Great Gardens would demonstrate the City listening to the desires of the community.

Comment

The Great Gardens workshops are facilitated by consultants ‘Landcare Solutions’ and funded via the Swan River Trust and Water Corporation and these events are delivered in partnership with local government. Councils provide a venue, catering and promotions and the facilitators are funded via grants received through the organisations mentioned above. Once grant funding is approved by the program sponsors (usually in spring and autumn) Landcare Solutions announce the series of dates available for workshops to Councils. Interested Councils then have a short window of opportunity to accept the preferred dates and book in a workshop. This process is provided on a ‘first come first served’ basis and this combined with the limited number of workshops announced each series places the workshops in high demand between local governments in Perth. It is therefore requested that Council approve overall delivery of Great Gardens Workshops on an annual basis to be hosted in the Reception Hall, however the requirement to report to House Committee on the specific dates of each workshop series is waived. Often the workshop dates are accepted by Councils within a week when announced and therefore the time required to report to House Committee would remove the ability for the City to accept an offer to participate. Based on previous years experience, the anticipated timing for these workshops is during Spring (from March to May) and Autumn (from August to November).


Nil.


Nil.


The cost to deliver these workshops vary slightly each series dependent upon number of participants, however generally the expense is based upon catering costs (approximately $1,500.00 per workshop) and promotions associated with the Stirling Scoop. The costs for the delivery of these workshops have been budgeted in the Economic Development and Urban Regeneration Business Unit as part of the 2009/10 budget.


24


Goal 2 ‘To plan, develop, enhance and maintain a quality built and natural environment based on sustainability principles’ Strategic objective 2.2 ‘Develop a sustainable environment strategy, based on best practice, to facilitate the protection and conservation of the natural environment’ Strategic initiative 2.2.1 ‘develop and implement a climate change adaptation strategy, action plan and community education program’.


25

10.1/HSC3 REQUEST TO BOOK RECEPTION HALL FOR CULTURAL DEVELOPMENT SEMINAR

Report Information



Reporting Officer: Manager Marketing and Communications

Business Unit: Marketing and Communications


Suburb: Not Applicable Moved Councillor Willox, seconded Councillor Tyzack


That Council APPROVE the use of the City’s Reception Hall for a Cultural Development Seminar to be held Wednesday, 21 October 2009. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Proud, Re, Rose, Tyzack and Willox. Against: Nil.

Recommendation

That Council APPROVE the use of the City’s Reception Hall for a Cultural Development Seminar to be held Wednesday, 21 October 2009.

Report Purpose

This report has been prepared by the Cultural Services Team in order to book the Reception Hall for a Cultural Development Seminar to be held 21 October 2009.

Relevant Documents


Background

Each financial year, the Cultural Services Team coordinates a series of Cultural Development seminars for community groups running events and cultural projects within the City of Stirling.


26

The aim of these seminars is to encourage sustainable events and cultural activities within the City and build capacity of not-for-profit groups, in line with the City’s Cultural Development Policy. Seminars are open to the public and free to attend. Target groups range from service clubs, arts and craft groups, theatre groups, community concert bands, charity/relief organisations and community fair committee's etc and topics relate to all aspects of event planning and management and cultural development.

Comment

On Wednesday 21 October, the Cultural Services Team would like to host a Cultural Development Seminar in the Reception Hall at the City of Stirling Civic Complex from 6pm to 9pm. The proposed seminar will cover recent changes to the City’s Cultural Development Fund and the City’s Events Guidelines and Event Application Form. The Reception Hall is available on the proposed date.


Nil.


Nil.


Supper will be provided to participants at an approximate total cost of $200. This amount is budgeted for within the annual Cultural Development Seminar program budget allocation.


The Cultural Development Seminar program supports the City’s Strategic Goal, “To create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of the local and wider communities” and is aligned to the following strategic initiative: SI 1.1.1 “Develop programs that respond to the community’s social and service needs and seek additional funding opportunities”.


27

10.1/8.1 PUBLIC OPEN SPACE RENAMING REQUEST - ALANA'S PROJECT - SALMAR EDALE RESERVE, WESTMINSTER

This item has been distributed to Councillors under separate confidential cover.

Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2)(b) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following: - (b) the personal affairs of any person


28

AUDIT COMMITTEE - 19 AUGUST 2009

10.2/CPG1 RISK MANAGEMENT

Report Information



Reporting Officer: Internal Auditor

Business Unit: Office of the Chief Executive Officer


Suburb: Not Applicable Moved Councillor Boothman, seconded Mr Linden.


That Council NOTES the minutes of the Corporate Risk Management Committee meetings on 28 May 2009 and 25 June 2009. The motion was put and declared CARRIED (4/0). For: Councillors Boothman, Getty, Tyzack and Mr Linden. Against: Nil.

Recommendation

That Council NOTES the minutes of the Corporate Risk Management Committee meetings on 28 May 2009 and 25 June 2009.

Report Purpose

To update Council on the Corporate Risk Management Committee meeting since its last meeting and the progress to date in creating a Risk Management Officer position.

Relevant Documents

Attachments: Minutes of the Corporate Risk Management Committee meetings on 28 May 2009 and 25 June 2009. (Circulated to Councillors under separate cover).

Available for viewing at the meeting: Nil. Tax sheet: Nil.


29

Background

At its meeting on 15 April 2008 Council resolved that the minutes of each Risk Management Committee meeting should be presented to the Audit Committee. At its meeting on 19 November 2008 Audit Committee members requested an update on the creation of the Risk Management officer position.

Comment

Minutes of the Risk Management Committee meetings of 28 May 2009 and 25 June 2009 have been provided to Councillors under separate cover. The current status of the proposed Risk Management Officer position is as follows:

• The Risk Management Coordinator position was advertised by the City of Perth in June 2009. Interviews were scheduled for 4 August 2009 at the City of Stirling. The City was represented by the Internal Auditor and Coordinator, Resources on the interview panel.

• The City’s rights in respect of the shared position will be protected by a formal Memorandum of Understanding, the terms of which are currently being negotiated.


30

10.2/IA1 INTERNAL AUDIT REPORT

Report Information



Reporting Officer: Internal Auditor

Business Unit: Office of the Chief Executive Officer


Suburb: Not Applicable Moved Councillor Getty, seconded Councillor Boothman

1. That Council RECEIVES the Internal Audit Activity Report.

2. That Council RECEIVES the Internal Audit report on the IT Service Management (ITIL) Process.

3. That Council NOTES the action to date on the Management Action Plan for Public Tender Compliance.

Discussion ensued. It was suggested that the following recommendation 4 be ADDED:- "4. That a report be PRESENTED on the performance of the internal audit of the Waste and

Fleet Services Business Unit." With the agreement of the mover and seconded recommendation 4 was ADDED as follows:- Moved Councillor Getty, seconded Councillor Boothman


1. That Council RECEIVES the Internal Audit Activity Report. 2. That Council RECEIVES the Internal Audit report on the IT Service Management

(ITIL) Process. 3. That Council NOTES the action to date on the Management Action Plan for Public

Tender Compliance.

4. That a report be PRESENTED on the performance of the internal audit of the Waste and Fleet Services Business Unit.


31

The motion was put and declared CARRIED (4/0). For: Councillors Boothman, Getty, Tyzack and Mr Linden. Against: Nil.

Recommendation

1. That Council RECEIVES the Internal Audit Activity Report.

2. That Council RECEIVES the Internal Audit report on the IT Service Management (ITIL) Process.

3. That Council NOTES the action to date on the Management Action Plan for Public Tender Compliance.

Report Purpose

To update Council on a range of internal audit issues.

Relevant Documents

Attachments: Internal Audit Activity Report Internal Audit Report on IT Service Management (ITIL) Process (forwarded to

Councillors under separate confidential cover) Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Under its Terms of Reference the Audit Committee assists Council in overseeing the City’s internal audit function.

Comment

The Internal Audit Activity Report is attached for the information of Councillors. Internal Audit Reports IT Service Management (ITIL) Process – This audit was listed in the Strategic Audit Plan as Deliver and Support IT. The audit was conducted by Alan Pickering from Technology Partners. Alan previously conducted a review of ITIL at the City of Stirling in 2006. The report concluded “The Corporate Information Services business unit appears to be using sufficient best practice processes to manage the provision and support of the IT Services to customers, within the current constraints of available budget and the size of the IT team”. Reviews of Financial Management Systems As an effective internal audit function provides a much higher level of review than that required by Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996 and the external auditor has input into the annual reviews of the Strategic Audit Plan, it is not considered necessary to conduct a separate review of the City’s financial management processes and systems.


32

Review of Public Tender Compliance Since the previous Audit Committee meeting on 8 July 2009:

• The Executive Team has: o endorsed a set of guidelines to determine when period supply arrangements

should be subjected to a public tender process o reviewed the Management Action Plan, and will continue to review it on a monthly

basis, to ensure timelines will be met • The Internal Auditor has commenced:

o A review of the use of the 43 suppliers identified in Santo Casilli’s report to determine:

Whether the Local Government Act has been breached Whether better value for money could be obtained by putting those

supplies out to public tender Whether purchasing from those suppliers has complied with the quotation

requirements of the City’s Purchasing Policy and Tender Guide o Probity checks into the use of the 43 suppliers by staff

It is proposed for future meetings to provide a written report on the status of the Management Action Plan implementation until it has been completed.


33

ATTACHMENT TO ITEM 10.2/IA1 - INTERNAL AUDIT REPORT


34


35


36


37


38


39


40


41


42


43

RESOURCE MANAGEMENT COMMITTEE - 25 AUGUST 2009

10.3/HR1 STAFF ESTABLISHMENT REPORT AS AT 31 JULY 2009

Report Information



Reporting Officer: Manager Human Resources

Business Unit: Human Resources

Ward: Not Applicable Moved Councillor Boothman, seconded Councillor Proud


That the Staff Establishment Report as at 31 July 2009 be RECEIVED. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Collins, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.

Recommendation

That the Staff Establishment Report as at 31 July 2009 be RECEIVED.

Report Purpose

This report provides detailed human resource figures for the Council's information in relation to staff vacancies, staff recruitment and the staff establishment as at 31 July 2009.

Relevant Documents

Attachments: Staff Turnover Trend (Annualised), Breakdown of Vacancies, Agency Staff Usage table, Agency Staff Usage by Directorate & Monthly Variation of Agency Staff Usage. (Circulated to Councillors under separate confidential cover).



44

Background

The City's Strategic Plan 2009 - 2012 identifies a key result area of the Council being to effectively manage resources in line with best practice principles and governance for the benefit of the community. A significant component of this is the management and organisational development of the City's human resources, which are employed and contracted at various times to implement the vision and initiatives of the City's Strategic Plan. The Council is provided with human resource figures as at 31 July 2009, including:

Staff Establishment Figures Variations to the Staff Establishment Staff Turnover Staff Vacancies


45

10.3/F1 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 1 ENDING 31 JULY 2009

Report Information



Reporting Officer: Manager Finance

Business Unit: Finance Services


Suburb: Not Applicable Moved Councillor Stewart, seconded Councillor Proud


That the schedule of cheques drawn and payments made for Period 1 - 1 July - 31 July 2009 amounting to:

Municipal Fund $18,534,641.77 Trust Fund -

____________ TOTAL $18,534,641.77

be RECEIVED. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Collins, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.

Recommendation

That the schedule of cheques drawn and payments made for Period 1 - 1 July - 31 July 2009 amounting to:

Municipal Fund $18,534,641.77

Trust Fund -

____________

TOTAL $18,534,641.77

be RECEIVED.

Report Purpose

To seek authorisation of funds disbursed for the period 1 July - 31 July 2009.


46

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Attachment F1 Payment Listing. Tax sheet: Nil.

Comment

The reported schedules are submitted in accordance with regulation 13(1) of the Local Government (Financial Management) Regulations 1996.


47


48


49


50


51


52

10.3/F2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 31 JULY 2009

Report Information






Suburb: Not Applicable

Authority/Discretion

Definition Advocacy when Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency.

Executive the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative includes adopting local laws, town planning schemes & policies. Review when Council reviews decisions made by Officers.

Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

Information Purposes

includes items provided to Council for information purposes only, that do not require a decision of Council (i.e. - for 'noting').

Moved Councillor Stewart, seconded Councillor Proud


That the report of the Manager Finance dated 17 August 2009 presenting the Monthly Statement of Financial Activity and other relevant Financial Reports for the month ending 31 July 2009 be RECEIVED. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Collins, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.


53

Recommendation

That the report of the Manager Finance dated 17 August 2009 presenting the Monthly Statement of Financial Activity and other relevant Financial Reports for the month ending 31 July 2009 be RECEIVED.

Report Purpose

To apprise Council of the financial position of the City at 31 July 2009 in compliance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations.

Relevant Documents

Attachments

Coloured copies of the following attachments have been distributed under separate cover: Monthly Financial Report for July 2009 made up of: - A statement of Financial Activity in the form of a Rate Setting Statement - An Income Statement by Programme - City Wide - An Income Statement by Nature - City Wide - An Income Statement by Nature - By Directorate - A Statement of Capital Transactions - A Balance Sheet - Current Assets less Restricted Assets - A Statement of Cash Flows - An Investment Summary - An Investment Report - A Statement of Financial Performance by City Services Available for viewing at the meeting

Nil.

Background

The City's Financial Reports are produced in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 as amended. The City's financial reporting framework provides Council, management and staff with a broad overview of the City wide financial position. The format for the financial report is in two parts: (1) A financial summary comprising a Statement of Financial Activity and an explanation of

composition of net current assets, less committed assets and restricted assets plus an explanation of each material variance from requirements of Regulation 34.

(2) A package of other relevant financial reports.

Regulation 34 of the Local Government (Financial Management) Act requires that Local Governments produce a monthly statement of financial activity reporting on the source and application of funds as set out in the annual budget rate setting statement and such other supporting information as is considered relevant by the Local Government.


54

The statement of financial activity report focuses on how the City performs against phased year to date budgets and gives explanations of material variances from budget.

Comment

Part 1 Monthly Statement of Financial Activity To comply with the requirements of Regulation 34, a Statement of Financial Activity in the form of a Rate Setting Statement is attached. It should be noted that this statement only includes transactions as they relate to the Municipal Fund and it removes the non-cash items to allow an assessment of the City's dependency on rate levies. A summary of this statement follows:

Adopted Budget $'000

YTD Budget $'000

YTD Actual $'000

Operating Revenue Operating Expenditure Net Operating Capital Revenue Capital Expenditure Net Surplus / (Deficit) from Operating and Capital Non Cash Transactions Profit / (Loss) on Disposal of Assets Depreciation on assets WIP at start of year WDV of Assets sold Movement in Non Current Liabilities Funded From Proceeds from disposal of assets Transferred to from Reserves Transferred to from TP Schemes Transferred to from Accumulated Funds Opening Funds Closing Funds

70,567

158,142

(87,575)

6,695

57,622

(138,501)

3,822 28,080

02,567

0

(6,389)409115

(409)

63,067

42,246

21,830

10,609

(11,221)

0

889

10,332

(11)2,387

046

0

(35)1,783

0(1,783)

63,067

164,463

27,065

10,064

(17,001)

0

761

16,240

(59) 2,391

0

168 19

(109) (257)

0 257

63,067

170,479


55

Adopted Budget $'000

YTD Budget $'000

YTD Actual $'000

Comparison to Rate Setting Statement

89,485 88,678 88,762

An explanation of major variances between YTD Actual and YTD Budget for the period ending July 2009 is as follows: - Operating Revenues (1) Grants & Subsidies This revenue item has a positive variance of 70% of Year to Date Budget. This is mainly the result of funds being received for HACC grant earlier than expected ($988K). (2) Contributions, Reimbursements & Donations This revenue item has a positive variance of 44% of to Year to Date Budget. This can be attributed to the early receipt of funds from the Department of Health and Ageing for development of clubrooms at Butler & Grindleford reserve ($250K). (3) Interest This revenue item has a negative variance of 574% of Year to Date Budget. This is attributable to reversal of accrued interest for 30 June accounts. Interest is recognised as revenue when financial institutions pay it, however at the 30 June any interest earned but not paid is accrued for. (4) Registration, License & Permits This revenue has a positive variance of 44% of Year to Date Budget. This is a result of charge for swimming pool inspections being issued in July whilst budget phasing had this charge being issued in September. (5) Service Charges This revenue has a positive variance of 20% of Year to Date Budget. This is a result of charge for domestic 240 litre MGB and domestic bulk bins being charged in July whilst budget phasing has some of these charges allocated to future periods. Operating Expenses (6) Material & Contract Direct MTC of NCA The positive variance of 14% of Year to Date Budget is due to the slow processing of costs for external services in the areas of road and drainage maintenance, reserve maintenance and programmed building maintenance as compared to budget. Capital Expenditure (7) Capital Expenditure The positive variance in capital expenditure is a result of the phasing in capital works allowed for in the budget.


56

Non Cash Transactions (8) WDV of Assets Sold The variance of Year to Date Budget in cost of assets sold is due to the early disposal of assets as compared to budget. Funding (9) Proceeds from Disposals of Assets The variance of Year to Date Budget for disposal revenue is due to the early disposal of assets as compared to budget. (10) Transfers to and from reserves / accumulated funds The variance of Year to Date Budget is due to the phasing of transfers to reserves from accumulated funds as compared to budget. Regulation 34 also requires an explanation of the composition of the Net Current Assets less committed assets and restricted assets. The following table provides this information.

CURRENT ASSETS Cash Investments Receivables Prepayments Stock on Hand Total Current Assets CURRENT LIABILITIES Borrowings (Book Overdraft) Creditors and Provisions Total Current Liabilities

$’000

51

71,411 128,333

0 295

______

200,089

363 29,247

_______

29,610

NET CURRENT ASSETS

170,479

Less Committed Assets Less Restricted Assets

0

52,036

Net Current Assets adjusted for Committed and Restricted Assets

118,443


57

Part 2 Other Relevant Financial Reports Other supporting information considered relevant to this financial report is attached. The report comprises:

- An Income Statement by Programme - City Wide - An Income Statement by Nature - City Wide - An Income Statement by Nature - By Directorate - A Statement of Capital Transactions - A Balance Sheet - Current Assets less Restricted Assets - A Statement of Cash Flows - An Investment Summary - An Investment Report - A Statement of Financial Performance by City Services

The following table summarises the City's operations as reported by the Income Statement by Programme or Nature. These are more traditional accrual based Income Statements consolidating all Council operations except Trust Fund transactions. They do contain both cash and non-cash (eg depreciation) transactions.

Original Budget $'000

YTD Budget $'000

YTD Actual $'000

Operating Revenue Expenditures Change in Net Assets Resulting from Operations Capital Non Operating Expenditure

166.747158,142

8,606

55,291

110,50810,609

99,899

889

115,827 10,064

105,763

951


Nil.


Regulation 34 of the Local Government (Financial Management) Regulation 1996 requires all local governments to prepare each month a Statement of Financial Activity reporting on the revenue and expenditure for the month in question. Financial Management Regulation 34 also requires this statement to be accompanied by:- (a) An explanation of the composition of the net current assets, less committal assets and

restricted assets;


58

(b) An explanation of material variances; and (c) Such supporting information that is relevant to local government.


Nil.


Nil.

Sustainability Implications

The following tables outline the applicable sustainability issues for this proposal:-

ENVIRONMENTAL Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment Maintain the City's strong financial position.

In compliance with the provision of Section 64 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulation explanations of composition of net current assets, less committed and restricted assets, Activity Statement and relevant information together with an explanation of any material variances be presented to Council for consideration and discussion.

Conclusion

Local Government (Financial Management) Regulation 34 requires Local Government to prepare each month a Statement of Financial activity, reporting on revenue and expenditure for the month in question. The statement is also to be accompanied by:- (a) An explanation of composition of the net current assets, less committed and restricted

assets. (b) An explanation of material variances.


59

(c) Other supporting information considered relevant by the Local Government. The monthly statement of Financial Activity and relevant finance reports with an explanation of material variances is submitted for review.


60

ATTACHMENT TO ITEM 10.3/F2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 31 JULY 2009


61


62


63


64


65


66


67


68


69


70


71


72


73


74


75


76


77

10.3/F3 CONSULTANT AND LEGAL EXPENSES FOR THE PERIOD ENDING 31 JULY 2009

Report Information















Moved Councillor Boothman, seconded Councillor Proud


That the report of the Manager Finance dated 30 July 2009 presenting the Consultant and Legal Expenses for the period ending 31 July 2009 be RECEIVED. The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Collins, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.


78

Recommendation

That the report of the Manager Finance dated 30 July 2009 presenting the Consultant and Legal Expenses for the period ending 31 July 2009 be RECEIVED.

Report Purpose

To provide Council with information on expenditure for consultancy and legal services as resolved at its meeting on 7 July 2009.

Relevant Documents

Attachments

Nil Available for viewing at the meeting

Confidential items for viewing - 1. Summary report of Consulting and Legal Expenses by Business Unit. 2. Detailed report of Consulting and Legal Expenses by Transaction.

Background

At its meeting on 7 July 2009, Council resolved:-

"That expenditure by transaction against budget provision for consultant expenses and legal expenses be reported each month to the Resource Management Committee."

A summary of the year to date revenue/expenditure year to date budget and full year budget is provided below:-

Description

Year to Date Actual

Year to Date Budget

Full Year Budget

Legal Expenses 29,856 41,667 517,039 Legal Expenses Recoverable 1,195 4,000 208,000 Legal Expenses Recovered (9,203) (500) (181,000) Consultancy 119,512 361,869 5,156,504 The details of transactions are available as a confidential item for viewing at the meeting.

Comment

Nil.


Nil.


Nil.


79


Nil.


Nil.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

Monthly information provided on Consultancy and Legal Expenses as resolved by Council.


80

10.3/F4 ADOPTION OF PERCENTAGE TO BE USED IN STATEMENTS OF FINANCIAL ACTIVITY FOR REPORTING MATERIAL VARIANCES

Report Information















Moved Councillor Boothman, seconded Councillor Stewart


That Council in accordance with regulation 34(5) of the Local Government (Financial Management) Regulations ADOPT a material variance percentage of 10% and greater than $50,000 for reporting of monthly financial statements of 2009/10. The motion was put and declared CARRIED (6/1). For: Councillors Boothman, Michael, Proud, Sebrechts, Stewart, and Tyzack. Against: Councillor Collins.


81

Recommendation

That Council in accordance with regulation 34(5) of the Local Government (Financial Management) Regulations ADOPT a material variance percentage of 10% for reporting of monthly financial statements of 2009/10.

Report Purpose

Adoption of a percentage for reporting material variances between budget and actual results on the Statement of Financial Activity in accordance with AASB1031.

Relevant Documents

Attachments

Nil. Available for viewing at the meeting

Nil.

Background

The Local Government Act and Local Government (Financial Management) Regulations 1996, as amended, require Local Governments to produce financial reports on a monthly basis. Regulations require that the monthly report include a Statement of Financial Activity reporting on the revenue and expenditure as set out in the annual budget. The Statement is to contain the following detail:-

(a) Annual budget estimates, taking into account any expenditure incurred for an additional purpose before budget adoption, as approved by the Council by resolution or in an emergency;

(b) Budget estimates to the end of the month to which the Statement relates;

(c) Actual amounts of expenditure, revenue and income to the end of the month to

which the Statement relates. (d) Material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) The net current assets at the end of the month to which the Statement relates.

The Statement of Financial Activity is also to be accompanied by:-

(a) An explanation of the composition of the net current assets of the month to which the Statement relates, less committed assets and restricted assets;

(b) An explanation of each of the material variances;

(c) Such other supporting information as is considered relevant by the local

government.


82

Section (5) of Regulation 34 requires that each financial year, a local government is to adopt a percentage of value to be used in determining the threshold for material variances. It is recommended that this threshold be set at 10% for the 2009/2010 financial year. Materiality Under AASB1031 standards of materiality - Paragraph 9 "Information is material if its omission, mis-statement or non-disclosure has the potential to adversely affect:-

(a) decisions about the allocation of scarce resources made by users of the financial report; or

(b) the discharge of accountability by the management or governing body of the

entity."

Comment

A 10% variance is considered a suitable value that will result in all significant and material variances being subject to comment and explanation. As the regulation requires a local government to adopt a percentage or value to determine a threshold for material variances, a percentage has been recommended. For practical reasons, only values where the difference between actual and budget are greater than 10% and greater than $50,000 will be reported on.


Nil.


Regulation 34(5) of the Local Government (Financial Management) Act requires local government each financial year to adopt a percentage or value for reporting material variances in the statement of Financial Activity.


Nil.


Goal 3: To foster the ongoing economic development of the City, encouraging investment and employment in a sustainable manner.

Objective 3.1: Maintain the City's strong financial position.


83




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Maintain the City’s strong financial position.

Adopt a percentage as required by Regulation 34(5) of the Local Government Act for reporting material variances for revenue and expenditure on the monthly financial Activity Statement.

Conclusion

The Local Government (Financial Management) Regulation requires local government to report, each month, a statement of Financial Activity reporting on revenue and expenditure for the month in question. This statement is also to include an explanation of any material variance between the annual budget estimate and the actual amount of revenue and expenditure. Each financial year a local government is to adopt a percentage or value to be used in the statement of financial activity for reporting material variances. In accordance with Regulation 34(5) of the Local Government (Financial Management) Regulation a material percentage of 10% be adopted for reporting material variance on the monthly Financial Activity Statement.


84

10.3/F5 EXPRESSION OF INTEREST FOR LIVE STREAMING COUNCIL AND COMMITTEE MEETINGS TO THE INTERNET

Report Information



Reporting Officer: Chief Technology Officer

Business Unit: Corporate Information Services













That the item relating to Expression of Interest for the Live Streaming Council and Committee Meetings to the Internet be HELD OVER to the Council meeting to be held 1 September 2009 to allow further consideration by Councillors. The motion was put and declared CARRIED (5/2). For: Councillors Boothman, Michael, Proud, Sebrechts and Stewart. Against: Councillors Collins and Tyzack.


85

Recommendation

That Expressions of Interest (EOI) for Live Streaming of Council and Committee Meetings to the Internet be FINALISED as there were no respondents to the EOI.

Report Purpose

To report on the results from public invitation for the Expression of Interest for Live Streaming Meetings to the Internet for the City of Stirling, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments

Nil Available for viewing at the meeting

Nil.

Background

At the Council meeting held on the 2 December 2008 Council resolved to note the report in regard to the Live Broadcast of Council and Committee Meetings at the City of Stirling. Council further resolved at the same meeting that a further detailed report including costings for the implementation of the live broadcast of Council and Committee Meetings be presented to the relevant Committee.

Comment

The City advertised for Expressions of Interest (EOI) on the 30 May 2009 for the Live Broadcasting of Council and Committee Meetings to the Internet to ascertain interested vendors and to determine the options available and detailed costs of implementation. The details of the EOI process are:

• Expression of Interest was advertised inviting offers from the public on:

Saturday 30 May 2009

• Expression of Interest closed: Thursday 25 June 2009

• Employees present were: J Martini and C Tan

• Number of EOI's received: Nil As there were no respondents to the EOI, detailed costings for the implementation of the Live Broadcast of Council and Committee Meetings to the Internet cannot be reported.


86


The Corporate Information Service Business Unit has consulted with the Governance and Council Support Business Unit to determine the business requirements for the Live Broadcasting of Council and Committee Meetings. These business requirements were then used as the basis for the EOI.


Local Government (Functions and General) Regulations Part 4 (18).


Nil.


Goal 5: To be a dynamic, effective, customer-focussed organisation, through the provision of a positive work culture that leads, values and supports its people, thus positioning the City as an Employer of Choice.

Objective 5.2: Maximise the use of technology to further enhance the delivery of services. SI 5.2.3: Maximise the use of the City’s business systems to improve customer service

delivery




Nil.

SOCIAL Issue Comment

Community engagement This proposal will encourage more people to participate in Council’s decision making processes.

ECONOMIC

Issue Comment

Business innovation This proposal would allow the City to lead Western Australian Council’s in community engagement.


87

Conclusion

That the EOI for Live Streaming of Council and Committee Meetings to the Internet be FINALISED as there were no respondents to the EOI.


88

10.3/AM1 DEDICATION OF ROW 29029 LOCATED BETWEEN CAMDEN ST AND SMITH ST DIANELLA

Report Information

Location: ROW 29029, Lot 251 on Plan 261(2)


Reporting Officer: Manager Asset Management

Business Unit: Asset Management

Ward: Inglewood

Suburb: Dianella Moved Councillor Tyzack, seconded Councillor Boothman


1. That State Land Services at the Department of Regional Development of Lands (DRDL) be REQUESTED to dedicate the Right of Way (ROW 29029) shown on the attached Plan 261(2) as a public street pursuant to Section 56(1)(c) of the Land Administration Act 1997.

2. That the Department of Regional Development and Lands (DRDL) be INDEMNIFIED from any claims arising from the dedication actions.

The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Michael, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.

Recommendation

1. That State Land Services at the Department of Regional Development of Lands (DRDL) be REQUESTED to dedicate the Right of Way (ROW 29029) shown on the attached Plan 261(2) as a public street pursuant to Section 56(1)(c) of the Land Administration Act 1997.

2. That the Department of Regional Development and Lands (DRDL) be INDEMNIFIED from any claims arising from the dedication actions.

Report Purpose

To seek approval to dedicate a private road (ROW 29029) pursuant to Section 56(1)(c) of the Land Administration Act 1997.


89

Relevant Documents

Attachments: Locality Plan (ROW 29029), Plan 261(2) Available for viewing at the meeting: Nil. Tax sheet: 29.63

Background

Right of Way 29029, is located between Camden Street and Smith Street, Dianella as shown on attached Plan 261(2). ROW 29029 is held in private ownership and is classified as a private road. Details of the private land are as follows: ROW 29029 Lot 251 on Plan 261(2) abutting Lot 27, Wellington Road, Lots 86, 87, and 120, Smith Street and Lots 28, and 85, Camden Street, Dianella being the whole of the land comprised in Certificate of Title Volume 237 Folio 13. ROW 29029 is classified as a Category 1 ROW in the City's ROW Category Designation System and has been identified by the City’s Engineering Department to be taken over (maintained) by the City. The ROW is fully sealed and drained and is utilised by the adjoining properties for primary access. In accordance with Council’s resolution of 21 March 2000 (Item 11.1/PL27), it was resolved that Category One (formerly Priority One) ROW's are to be acquired and dedicated by the City for maintenance and management by the City. In 1997, Council directed that a ROW upgrade and management strategy be developed by the City. A ROW categorisation system was adopted by Council as part of the preparation of the draft management strategy. Each ROW within the City is designated into one of five ROW categories based on its assessed strategic value and characteristic. Category One ROW’s are those identified as having the highest strategic benefits. On 21 March 2000 (Item 11.1/PL27), in recognition of the strategic importance of Category One ROW’s, Council passed an interim resolution to acquire, dedicate and upgrade all Category One ROW’s. The dedication of Category One ROW 29029 is therefore in accordance with Council’s strategic intent.

Comment

The public has had uninterrupted use of ROW 29029 for a period of not less than 10 years. Section 56(1)(c) of the Land Administration Act 1997 provides authority for a local authority to request the Minister for Lands to dedicate a private road (ROW) that the public has had uninterrupted use of for a period not less than 10 years. Under this section of the Act, compensation is not payable to the owner of the private road (ROW).


Section 56(1)(c) of the Land Administration Act 1997 provides for a Local Government to resolve to request the Minister for Lands to dedicate land. The request is to be made to State Land Services at the Department of Regional Development and Lands in accordance with Regulation 8 of the Land Administration Regulations 1998.


90


ROW 29029 has been fully sealed and provided with surface drainage. Upon dedication as a public road, responsibility for its maintenance and management will become the City's. Under the draft Right of Way Management Strategy, it is proposed to install street lighting in all Category One ROW’s as part of the ROW laneway upgrade works program. Funding for the installation is proposed to be sourced from landowners abutting these laneways.


Goal 2: To plan, develop, enhance and maintain a quality built and natural environment based on sustainability principles.

Objective 2.3: Promote an integrated and efficient transport and land use strategy designed to

meet the current and future requirements of the community. SI 3.2.2: Develop plans to guide sustainable development of the major activity corridors,

activity centres and improvements to local centres


91

ATTACHMENT TO ITEM 10.3/AM1 - DEDICATION OF ROW 29029 LOCATED BETWEEN CAMDEN ST AND SMITH ST DIANELLA Locality Plan: Right of Way (ROW 29029) located between Camden Street and Smith St, Dianella


92

Plan 261(2)


93

10.3/AM2 DES PENMAN RESERVE - PROPOSED DEMOLITION OF KINDRA WAY PUBLIC TOILETS AND CHANGEROOMS

Report Information

Location: Des Penman Reserve, Nollamara


Reporting Officer: Manager Recreation and Leisure Services

Business Unit: Recreation and Leisure Services

Ward: Balga

Suburb: Nollamara Moved Councillor Collins, seconded Councillor Boothman


1. That APPROVAL be given to immediately demolish and dispose of the disused public toilets/changeroom facility (B6041) located on Des Penman Reserve (Land No 105785), 33 Carcoola Street, Nollamara at a total quoted cost of $27,500 ($24,475 plus GST).

2. That Council REALLOCATE funds from accounts G0321 ($15,000 upgrade of

change rooms) and H0030 ($12,500 general maintenance) for the purpose of demolishing the public toilet change room facility (B6041) located at Des Penman Reserve.

N.B: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Michael, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.

Recommendation

1. That APPROVAL be given to immediately demolish and dispose of the disused public toilets/changeroom facility (B6041) located on Des Penman Reserve (Land No 105785), 33 Carcoola Street, Nollamara at a total quoted cost of $27,500 ($24,475 plus GST).

2. That Council REALLOCATE funds from accounts G0321 ($15,000 upgrade of change

rooms) and H0030 ($12,500 general maintenance) for the purpose of demolishing the public toilet change room facility (B6041) located at Des Penman Reserve.

N.B: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL.


94

Report Purpose

To seek Council approval to immediately demolish and dispose of the disused public toilets/changerooms located on Des Penman Reserve, Nollamara and approve expenditure for these works from accounts G0321 and H0030.

Relevant Documents

Attachments: Aerial Photo of public toilet/change room facility. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The Kindra Way public toilets and changerooms on Des Penman Reserve were constructed in 1964 (Building No. 6041). Des Penman Reserve is bordered by Carcoola Street, Lemana Road, Kindra Way, and Sylvia Street. The reserve is classified as a major district public open space and comprises of ovals, pavilions, community facilities and small parkland with a basic range of park amenities. These spaces and facilities are used by organised groups such as sporting clubs and community groups as well as local residents for structured and unstructured outdoor activities. The main sporting users of the reserve include: Nollamara Amateur Football Club; Balga Bandits Softball Club; Nollamara Turf Cricket Club; Central Cougars Junior Football Club; and Northern Cobras Junior Football Club. A Master Plan is being developed for this reserve and one of the proposed recommendations is to demolish these public toilet/changeroom amenities.

Comment

The Kindra Way Public amenity is the only public toilet/changeroom facility on the reserve; is in extremely poor condition and is rarely used. This is due to the distance from the sport fields and support amenities such as the clubhouse. There is a concern that anti social activities occur in and around this facility. Incidents of anti social behaviour occurring around the public toilet have been reported to the police and the City. The reports have been made by various sports clubs and residents. Ongoing security patrols are occurring from City Officers. Some of the incidents include loitering, consumption of alcohol, arguments of large groups of people, broken bottles and litter. It has been reported that these events are occurring on a daily basis. These activities are not compatible with the reserves intended sport and recreation and these activities are now negatively impacting on the use and community perception of the reserve. The toilets are unable to be locked and currently remain permanently open. The City's Public Open Space (POS) Strategy identifies district open space as requiring public toilet facilities to support structure sporting activities and high levels of community use. Although Des Penman Reserve is classified as District Open Space, there are a number of changerooms and club toilets to accommodate the majority users of the reserve. Consultation with the main sports users of the reserve indicates they have no use for the public toilets and demolition of the public toilets will be welcomed. The City's Recreation and Leisure Services Business Unit has drafted a public toilet policy for Council endorsement and proposes the development of a long term public toilet strategy based on community need. This will guide the provision and management of public toilet facilities throughout the City.


95

It will also ensure a strategic approach to the allocation of resources over the next 20 years. Provision for future public toilets on Des Penman Reserve are currently being considered as part of the Des Penman Reserve Master Plan. In light of the above and consideration of community need it is recommended that the public toilet/changeroom facility at Des Penman Reserve (Kindra Way) be demolished and the site remediated with turf accordingly.


Consultation has occurred with the main sports users of the reserve, who indicate they do not use the toilets or changerooms. Only one Club indicated they may possibly use it in the future. No club indicated objection to its demolition. Additionally, recent correspondence has been provided by some members of the community in relation to the anti social behaviour and the need for the City to appropriately address the issue. Following Council's consideration of this matter formal communication will occur with relevant sporting clubs/community groups and appropriate residents in relation to Council's decision.


Under the Occupiers Liability Act 1995, the person occupying or having control of the premises (which includes land) has a duty of care towards the people who come onto the premises. The City of Stirling, as a Local Government Authority is deemed to be "occupiers" of reserves and its associated amenities and therefore owes a duty of care under the Act. The City of Stirling Local Government Property Local Law 2009 identifies specified gender use entry to public toilets and changerooms. Demolition of the public toilets at Des Penman Reserve does not conflict with this Local Law.


The need to immediately demolish this toilet is deemed critical by Officers based on the current level of antisocial behaviour and the volume of incidents reported by Officers and the community. Three independent quotations for the works were received. The total cost to demolish the public toilets and appropriately reinstate the site at Des Penman Reserve is $24,475 plus GST. An amount of $15,000 is allocated to capital expenditure account GO321 for spending in 2009/10 for the upgrade of changerooms at Des Penman Reserve. An amount of $21,682 is allocated to account H0030 for general maintenance of changerooms at Des Penman Reserve. It is proposed that $15,000 is spent from account GO321 and $12,500 is spent from account H0030 to fund the immediate demolition of the public toilets.


Demolition of the public toilets at Des Penman Reserve addresses the City’s Strategic Plan (2009/2012) Goals and Objectives:

• Goal 1 of the Strategic Plan: to create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of the local and wider communities.

• Goal 2 of the Strategic Plan: to plan, develop, enhance and maintain a quality built and natural environment based on sustainability principles.


96

ATTACHMENT TO ITEM 10.3/AM2 - DES PENMAN RESERVE - PROPOSED DEMOLITION OF KINDRA WAY PUBLIC TOILETS AND CHANGE ROOMS


97

10.3/A1 NOTICE OF MOTION REPORT TO COUNCIL 4 AUGUST 2009 - LEGAL

ADVICE This item was HELD OVER at the Council meeting held 4 August 2009 to the Resource Management Committee meeting to be held 25 August 2009 to allow consideration of the report provided. Councillor Collins has submitted the following Notice of Motion for consideration at the Council meeting to be held on 4 August 2009: “1. That all request for legal advice by the City be made in writing signed by the Chief Executive

Officer and one of the City’s 4 Directors under delegated authority with full details of the request together with a notation of the cost centre for the advice and the agreed fee arrangement.

2. Any current delegated authority for a non-director to request legal advice be revoked." Reason for motion It is good practice that all requests for legal advice are made in writing signed by a head of department/directorate. I have noted occasions where request for legal advice have been only verbal and in some instances made verbally by a junior officer. I have also noted occasions where requests for legal advice had been made to a law firm not on the City’s approved panel. This motion will allow Councillors and staff to match the legal advice received with the written request as well as ensuring an appropriate level of seniority in making the request, an awareness of the likely costs and whether funds are available within budget for the request." Moved Councillor Tyzack That all requests for legal advice on strategic matters adhere to best practice and the following minimum requirements

1. A written brief to be prepared and signed by the authorising officer detailing the requested advice and the purpose of the advice.

2. The brief together with a written order allocated to a cost centre and confirming the agreed fee arrangements is to accompany all requests.

3. Details of all legal advice sought and received which is subsequently used to formulate a report to Council is to be provided to all Councillors as a confidential attachment to the report

4. Only those services providers on the City’s legal panel or WALGA preferred suppliers panel to be used to provide legal advice

Procedural Motion Moved Councillor Stewart, seconded Councillor Collins. That the Item relating to Notice of Motion Report to Council 4 August 2009- Legal Advice be HELD OVER to the Council meeting to be held 1 September 2009 to allow further consideration by Councillors.


98

The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Michael, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.

Notice of Motion Recommendation

1. That all requests for legal advice by the City be made in writing signed by the Chief Executive Officer and one of the City’s 4 Directors under delegated authority with full details of the request together with a notation of the cost centre for the advice and the agreed fee arrangement.

2. Any current delegated authority for a non-director to request legal advice be revoked.

Report Purpose

The purpose of this report is to consider the merits of the above Notice of Motion Recommendation to confirm whether:

(a) The scope of Council’s functions extends to making a recommendation to do with all legal advice; and

(b) if not, an appropriate alternative recommendation to those concerns expressed in the Notice of Motion are adequately addressed.

Background

During the financial year 1 July 2008 to 30 June 2009, some Councillors expressed concerns on a number of occasions about legal expenses incurred by the City during the financial year.

Comment

The recommendation proposed by Councillor Collins is twofold and involves the following considerations:

(1) Is it within Council’s power to make such a recommendation? (2) If not, what is an alternative recommendation; and (3) What impact will an alternative recommendation have on the City’s resources?

This report examines these considerations. 1. Does Council have power to make a recommendation about:

a. all legal advice obtained by the City; and b. revoking an existing delegation to non-directors

1.1 Obtaining Legal Advice There is no direct power under the Local Government Act 2005 (Act) which enables Council to request legal advice. The power to do so could come from the general function of local government under section 3.1 of the Act to provide for the good government of persons within the district. The scope of the function (in other words how far it extends) is to be construed in the context of other local government functions under the Act.


99

The question then becomes: Does the scope of local government function extend to enable Council to direct matters to do with all legal advice obtained by the City? This question must be considered by taking into account other local government functions because this is what the Act requires. The next step then is to consider those other functions. For the purpose of this discussion, the entirety of local government functions is divided into those performed by Council and those performed by the Chief Executive Officer. 1.1.1 Council’s functions Council’s functions under s2.7 of the Act and relevant to this discussion are to: (a) direct and control the local government’s affairs; (b) be responsible for the performance of the local government’s functions; and (c) oversee the allocation of the local government’s finances and resources. 1.1.2 Chief Executive Officer’s functions The Chief Executive Officer’s functions under s5.41 of the Act and relevant to this discussion are to: (a) advise Council in relation to the functions of a local government under the Act and other laws; (b) ensure advice and information is available to Council to make informed decisions; (c) implement Council decisions; (d) manage the day to day operations of local government….; and (i) perform any other function specified or delegated by local government or imposed under this Act or any other written law as a function to be performed by the Chief Executive Officer. The discussion will now consider requests for legal advice in the context of these functions with a view to determining whether the scope of any of Council’s functions mentioned at 1.1.1 above, should extend to making recommendations about all the City’s legal advice. 1.1.3 Does the scope of Council’s functions extend to make recommendations about all

the City’s legal advice? It can seen that the functions of Council at 1.1.1 above are strategic in nature. This is further supported by the fact that the role of Councillors under the Act is overarching. It involves representation, leadership and guidance, participation in decision making and acting as a conduit between Council and the community. The strategic nature of Council and Councillors’ functions can be contrasted to that of the Chief Executive Officer. His role is administrative in nature and involves advising and informing Council, implementing Council decisions and managing daily operations. Comparing the general, strategic nature of Council’s role with the more administratively focussed role of the Chief Executive Officer, suggests that aspects of a recommendation which seek to direct administrative matters do not fall within Council’s province. The conclusion to be drawn then in respect of the question posed at (1) is that Council’s functions do not extend to those aspects of the recommendation which involve legal advice that is administratively driven or required by the Chief Executive Officer to enable him to carry out his administrative functions.


100

2. Alternative Approach Putting aside the question raised at (1)(b) above regarding Council’s power to revoke delegations to non-directors, the discussion will now turn to an alternative recommendation. An alternative approach to address those concerns raised by Councillor’s Collins’ Notice of Motion is to identify the strategic and administrative components of the recommendation and propose an alternative recommendation which still addresses the issues raised. This will enable Council to focus its decision making to those matters which are strategic in nature. Notwithstanding a narrowed focus, an alternative recommendation can still address the issues raised by the original recommendation being the need to:

(a) adhere to best practice; (b) ensure the requirement for a written brief; and (c) to manage expenditure in accordance with budgetary provisions.

2.1 Identifying Strategic Focus The recommendation is twofold: “1. That all request for legal advice by the City be made in writing signed by the Chief Executive Officer and one of the City’s 4 Directors under delegated authority with full details of the request together with a notation of the cost centre for the advice and the agreed fee arrangement. 2. Any current delegated authority for a non-director to request legal advice be revoked. The first part contains a delegation of authority with conditions attached. The second seeks to revoke delegated authority. 2.2 Delegated Authority to Chief Executive Officer Council, by absolute majority, has power under s5.42 of the Act to delegate the exercise of its powers or the discharge of any of its duties to the Chief Executive Officer. The Act does not empower Council power to delegate authority to Directors. This power is provided to the Chief Executive Officer under s5.44 of the Act to enable the raft of responsibilities he has delegated to him by Council to be on-delegated to other City officers. Council’s power to delegate authority to obtain legal advice should be restricted to obtaining only that legal advice which is strategic in nature and will assist Council to carry out its strategic functions. It is suggested that the Chief Executive Officer’s administrative functions detailed at 1.1.2 above empower him to seek legal advice about administrative matters or to assist him in carrying out his functions without delegated authority from Council to do so. It is therefore not necessary for Council to delegate carte blanche authority to the Chief Executive Officer as he already has authority under the Act to obtain legal advice about administrative matters. 2.3 Conditions of Delegation The conditions on the delegation sought by Councillor Collins are:

(a) requests for legal advice (the brief) be in writing and only directed to those legal service providers on the City’s panel;

(b) agreed fee arrangement; and (c) expenses be assigned to a cost centre.


101

2.3.1 Written brief to service providers on the City’s panel It is uncontroversial that the requirement for a written brief when seeking legal advice is best practice and should be a condition of a delegation from Council to Chief Executive Officer. It is also legally sound that legal advice only be sought from those service providers who are currently contracted to provide legal advice to the City. It should be noted that from time to time the City may instruct legal service providers on the WALGA preferred supplier list. 2.3.2 Agreed fees It is possible to make it a condition of the Chief Executive Officer’s delegated authority that fee estimates be sought from the City’s legal service providers as part of the brief; however, given the flexible nature of legal advice, it is reasonable to expect that the final fee may be somewhat higher (or lower) than the estimate. Council’s strategic function to oversee the City’s finances would enable it to monitor ongoing expenditure through the City’s monthly financial reporting process. Presumably, this will deal with some of the issues raised in the Notice of Motion recommendation. 2.3.3 Assigning Expenses to Cost Centres It is possible to require legal expenses be assigned to cost centres at the time the City’s legal advisers are briefed as a condition of the Chief Executive Officer’s delegated authority. 3. Delegations of Authority to Non Directors As discussed in 2.2 above, Council can only delegate authority to the Chief Executive Officer. The Chief Executive Officer then has power under s5.44 to on-delegate these powers or duties. It would seem then that it is beyond Council’s power to recommend revocation of delegations of authority to anyone other than the Chief Executive Officer. The conclusion that is respectfully drawn then is that Council does not have power to revoke delegations of authority to non directors.

Resource Implications

An alternative recommendation consistent with what has been discussed in this report would delegate authority to the Chief Executive Officer to seek legal advice about those matters that are strategic in nature and will assist Council to carry out its functions. Conditions could be imposed on the delegation which required a written brief only to service providers on the City’s panel, agreed fees and allocation to cost centres prior to instructions being given. The additional resources required to implement a recommendation of this nature will involve those required to prepare briefs for all such legal advice. It is anticipated that the Manager Governance and Council Support could allocate resources from this Department’s cost centres to carry out this task.

Suggested Alternative Recommendation

To summarise the above, the restrictions on Council’s ability to decide a recommendation as suggested by Councillor Collins in his Notice of Motion discussed above are:


102

(a) Any delegation to the Chief Executive Officer should be restricted to obtaining legal advice of a strategic nature that will assist Council to carry out its functions under the Local Government Act 1995 or any other written Act.

(b) It is not within Council’s power to revoke a delegation to non-directors.

An alternative recommendation which delegates appropriate authority to the Chief Executive Officer and addresses the issues raised in Councillor Collins’ Notice of Motion recommendation could be:

That Council DELEGATE authority to the Chief Executive Officer to seek legal advice about those matters which are strategic in nature and will assist Council to carry out its functions under the Local Government Act 1995 or any other written law, conditional upon: 1) a written brief being prepared and provided for legal advice sought; 2) only those service providers on the City’s legal panel or WALGA preferred suppliers

be instructed to provide legal advice; 3) prior to instructions for legal advice being given:

i) an estimate of fees for service be obtained; and ii) legal expenses be allocated to a cost centre

Reason for Alternative Recommendation See Comment section above.


103

10.3/8.1 AMENDMENT TO THE 2009/2010 INTEREST REVENUE BUDGET

Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2)(d) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:-

(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

Report Information Location: Not Applicable





Suburb: Not Applicable Authority/Discretion Definition

Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.







104

Moved Councillor Stewart, seconded Councillor Boothman


That Council APPROVES the amendment to the interest revenue budget as detailed in the Manager Finance's report dated 14 August 2009. The motion was put and declared CARRIED (6/1). For: Councillors Boothman, Michael, Proud, Sebrechts, Stewart and Tyzack. Against: Councillor Collins.


105

10.3/8.2 TO APPROVE AN AMENDED OFFER OF COMPENSATION IN FULL SATISFACTION OF THE CLAIM FOR THE TAKING OF LOT 90, HOUSE NUMBER 912, BEAUFORT STREET, INGLEWOOD

Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:-

(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

Report Information Location: Lot 90, House Number 912, Beaufort Street, Inglewood

Applicant: Maria Genovese and Alfio Maria Genovese Pty Ltd

Reporting Officer: Manager Asset Management

Business Unit: Asset Management

Ward: Inglewood

Suburb: Inglewood


Definition

Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.







106

Moved Councillor Tyzack, seconded Councillor Boothman


1. That Council APPROVE the offer of compensation at the figure listed in the report less advance payments already made, plus interest, in full satisfaction of the claim for compensation for the Taking of Lot 90, House Number 912, Beaufort Street, Inglewood.

2. That Council APPROVE the payment of claimant’s costs incurred at the figure listed in the report.

3. That Council APPROVE the signing of the necessary Offer of Compensation form and subsequent documents to settle the matter.

The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Collins, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.


107

The Chief Executive Officer disclosed a Financial Interest in Item 10.3/8.3 as the item relates to his contract of employment and accordingly left the meeting prior the discussion and vote on the matter.

10.3/8.3 APPROVAL OF CHARGED EXPENSES

Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2)(a)(c) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following: -

(a) a matter affecting an employee or employees (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

Report Information Location: Not Applicable


Reporting Officer: Acting Chief Executive Officer

Business Unit: Office of the CEO


Suburb: Not Applicable Moved Councillor Stewart, seconded Councillor Boothman


That the Council APPROVE the charged expenses for 2007/08 and 2008/09 in accordance with the Chief Executive Officer’s Contract of Employment, Clause 7 - Expenses. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Michael, Proud, Sebrechts, Stewart and Tyzack. Against: Nil.


108

INFRASTRUCTURE AND COMMUNITY DEVELOPMENT COMMITTEE - 25 AUGUST 2009 Councillor David Boothman disclosed an Impartial Interest in Item 10.4/CS1 as he lives in the area. Councillor David Michael disclosed an Impartial Interest in Item 10.4/CS1 as he was a member of Peter Tinley's campaign committee who made the promise in the 2007 federal election.

10.4/CS1 FINDINGS FROM CONSULTATION PROCESS REGARDING PROPOSED MIRRABOOKA MULTICULTURAL CENTRE

This item was HELD OVER at the Infrastructure and Community Development Committee meeting held 28 July 2009 to the Infrastructure and Community Development Committee meeting to be held 25 August 2009 to allow further consideration by Councillors.

Report Information

Location: Mirrabooka Regional Centre

Reporting Officer: Manager Community Services

Business Unit: Community Services

Ward: Balga

Suburb: Mirrabooka Moved Councillor Boothman, seconded Councillor Sebrechts


1. That Council NOTE the findings relating to the potential development of the Mirrabooka Multicultural Centre as outlined in the ‘Stage 2: Feasibility Study and Project Plan’ prepared by external consultants, Creating Communities.

2. That Council ENDORSE the construction of the Mirrabooka Multicultural Centre at the Herb Graham Recreation Centre, subject to the provision of additional Federal or State Government funding to cover all capital costs with a minimum contribution of $1,420,000, (option B costs including GST).

3. That Council ENDORSE the relocation of existing Herb Graham gym facilities and memberships to Leisurepark Balga in order to cater for the construction of the Multicultural Centre, subject to Federal or State Government funding to cover all capital costs.

4. That Council NOTE that the Department of Immigration (DIAC) has indicated that they will support the City in an application for Settlement Grant Programme funds to support operational costs in the short-term. An application will be submitted by the City in the in late 2010.


109

The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

1. That Council NOTE the findings relating to the potential development of the Mirrabooka Multicultural Centre as outlined in the ‘Stage 2: Feasibility Study and Project Plan’ prepared by external consultants, Creating Communities.

2. That Council ENDORSE the construction of the Mirrabooka Multicultural Centre at the Herb Graham Recreation Centre, subject to the provision of additional Federal or State Government funding to cover all capital costs with a minimum contribution of $1,420,000, (option B costs including GST).

3. That Council ENDORSE the relocation of existing Herb Graham gym facilities and memberships to Leisurepark Balga in order to cater for the construction of the Multicultural Centre, subject to Federal or State Government funding to cover all capital costs.

4. That Council NOTE that the Department of Immigration (DIAC) has indicated that they will support the City in an application for Settlement Grant Programme funds to support operational costs in the short-term. An application will be submitted by the City in the in late 2010.

Report Purpose

To seek Council support in the development of a multicultural centre for the Mirrabooka area through the use of AU$1 million Federal Government funding, subject to additional Federal or State Government funding to cover all capital costs.

Relevant Documents

Attachments: Attachment 1 - Membership List: Mirrabooka Multicultural Centre Reference Group.

Attachment 2 - Terms of Reference: Mirrabooka Multicultural Centre Reference Group.

Attachment 3 – Executive Summary. Available for viewing at the meeting: Media Release from Shadow Minister Tony Burke. Tax sheet: Nil. Proposed Multicultural Centre – Current Situation (The following information is an extract taken from the ‘Stage 2: Feasibility Study and Project Plan’ prepared by external consultants, Creating Communities, June 2009. The full executive summary can be viewed as Attachment 3.) “The feasibility of providing a multicultural centre in Mirrabooka is constrained by the limitations of the Federal Government’s commitment of $1 million towards its construction. The need for multipurpose facilities to cater for the varied interests of multicultural groups in the Mirrabooka region is strongly supported by the research. However, the limit of the capital funding available to the project requires the proposed facilities to be developed as an extension or modification of an existing public community building.


110

Of the two existing facilities identified by the project reference group, a site assessment confirmed the Herb Graham Recreation Centre to be the best development option. Located centrally within the catchment, this community recreation facility is accessible by public transport and is in close proximity to other multicultural agencies. The centre offers adequate car parking, shared-use of existing ancillary facilities (commercial kitchen, crèche, reception, toilets) and has direct access to public open space. Furthermore, the City of Stirling has staff based at the Herb Graham Recreation Centre and the CALD project officer also operates out of this facility. Two concept design options that involve internal building modifications to the existing fitness gymnasium space at the Herb Graham Recreation Centre have been costed. Both options provide the required dedicated facility components - being a hall/ training room, a children’s activity room, a shared office for multicultural groups and a kitchenette. Although Option B is adequate, the preferred layout is Option A as it maximises the total space available, includes a consultant/ interview room and provides additional store rooms. Unfortunately, capital cost estimates for both design options exceed the project budget of $1 million. Option A is estimated to cost $1,580,000 (ex GST) while Option B is expected to cost slightly less at $1,360,000 (ex GST). In addition, the City of Stirling will need to appoint a project manager to coordinate design development and contract documentation, estimated to cost $60,000. Consequently, the total required funds are $1,640,000 (ex GST) for Option A and $1,420,000 for Option B. Based on these cost estimates, the project is not financially viable within the terms of the Federal Government funding, and should not proceed unless the required additional capital funding is forthcoming. The question of facility management was also addressed by the study. Importantly, if the additional funding required is received to develop a multicultural centre at the Herb Graham Recreation Centre, it would need to be managed by on-site staff. Assuming venue hire fees were set to fully recover operating costs, the existing management structure at the Herb Graham Recreation Centre presents an opportunity for the City to absorb any additional management tasks associated with the multicultural centre facilities. Usage by not-for-profit cultural groups should be maximised through offering discounted venue hire fees and through their representation on a multicultural centre advisory group. Conversely, when the multicultural facilities are not booked by cultural groups they should be available for use by other full fee-paying users, thus generating supplementary income to offset discounted fees. To support the establishment of the MMC and the advisory group during the first three years of the project, additional funding should be sought through the Department of Immigration and Citizenship’s Settlement Grant Program. The proposal to develop a multicultural centre within the fitness gymnasium space at the Herb Graham Recreation Centre is the most efficient and effective facility provision strategy. It meets identified needs for multicultural facilities and services, maximises the use of existing facilities and management systems, and builds on the existing ‘culture of equity’, which has been enhanced through the ongoing CALD activity program. If the Federal Government is committed to meeting the needs of Mirrabooka’s culturally diverse community the best solution is to source the additional capital funds required to make this proposal financially viable, and to embrace a partnership approach with the City of Stirling. Any other approach would almost certainly be significantly more costly and less effective.”

Background

The Federal Labour Government during the 2007 election committed $1 million towards construction of a Multicultural Centre based in Mirrabooka WA. The terms of the funding and the commitment are specified in the media release of 10 November 2007 by the then Shadow Minister for Immigration Tony Burke (Attachment 1).


111

The City of Stirling has been approached by the Department of Immigration and Citizenship (DIAC) to take a key role in determining appropriate use of the funds and to manage the construction of the proposed facility. Between 1 Jan 2000 to 31 May 2009 16,366 migrants have settled in the City of Stirling, just outside the top ten highest local government figures in Australia and the highest figure in WA for this period. 4,343 of these migrants were humanitarian refugees representing 5% of the total of humanitarian refugees settled in Australia and the 4th highest local government figure in Australia for this period. (Source: Department of Immigration and Citizenship Settlement Database, 18 June 2009.) These figures strongly support the research carried out during stage one of the project. There are also a large number of community groups and service agencies operating in the Mirrabooka area. They represent a wide range of cultural and other interest groups. Mirrabooka is one of the principle areas for new migrants and entrants to Western Australia and there are many needs for education, services, information, social interaction, recreation and celebration. DIAC in conjunction with the City of Stirling initiated the Mirrabooka Multicultural Centre Reference Group to provide feedback into this project. Members represented community groups and service providers who are located or operates in the Mirrabooka region. As a result of the first Mirrabooka Multicultural Centre Reference Group meeting, it was identified that an independent evaluation of the needs of the community was required, as well as an audit of existing facilities and services impacting upon the multicultural community in the Mirrabooka area. (See: Attachment 2 – Membership List: Mirrabooka Multicultural Centre Reference Group, and Attachment 3 – Terms of Reference: Mirrabooka Multicultural Centre Reference Group.) On behalf of DIAC, the City carried out a formal ‘Request for Quotation’ process and this resulted in the appointment of Creating Communities as the consultants to carry out the project. The project budget for this consultation and feasibility component of the proposed multicultural centre is $50,000 for Stage One (Facilitation) and Stage Two (Feasibility Study) combined. This cost has been funded by DIAC with the City contributing the management of the consultant contract. The election commitment funds become available from 1 July 2009 and with Stages One and Two of the project now complete, it is envisaged construction will be undertaken as soon as possible after the funding becomes available, subject to DIAC and Council approval. Project Outline Council approved the Stage One report and endorsed the progression to Stage Two at their meeting on 3 March 2009. This project was separated into two stages. Stage One: Involved consultation and facilitation to determine recommendations and options for proceeding to Stage Two.

The purpose of the consultation was to identify the issues impacting on the groups and the services that might be provided in a multicultural centre to address those issues. As part of this process the consultants undertook facilitation with the community groups and service providers located in or operating in the Mirrabooka area to formulate recommendations and options of how those needs could be best met within the terms of the funding.


112

The recommendations and options were presented in a report prepared by the consultants for consideration by DIAC and the City of Stirling. In particular the report addressed the extent of building and/or fit out additions that could address the priority needs. The report also outlined possible facility and management options, with provisional costing for each option. Stage Two: Involved detailed feasibility and development of a project plan.

Stage Two incorporated the outcomes and recommendations from Stage One, feedback from DIAC and the City of Stirling and then proceeded to undertake specific feasibility analysis of preferred options. Feasibility included detailed consideration of the venue options available, expected costs, issues, risk management and facility management. (See Attachment 3 for full executive summary.) (Note: The information contained in the ‘Current Situation’ section outlines the findings of Stage Two of the project.)

Comment

• The feasibility of providing a multicultural centre in Mirrabooka is constrained by the limitations of the Federal Government’s commitment of $1 million towards its construction.

• The need for multipurpose facilities to cater for the varied interests of multicultural groups in the Mirrabooka region is strongly supported by the research. However, the limit of the capital funding available to the project requires the proposed facilities to be developed as an extension or modification of an existing public community building.

• Of the two existing facilities identified by the project reference group, a site assessment confirmed the Herb Graham Recreation Centre to be the best development option.

• Although Option B is adequate, the preferred layout is Option A as it maximises the total space available, includes a consultant/ interview room and provides additional store rooms.

• The City will consider endorsing the project only if a minimum of $1,420,000 (ex GST) is provided by the Federal Government and the Mirrabooka Multicultural Centre would then proceed in line with the Stage Two Final Report recommendations (items 1.4 to 1.6 in Attachment 3).

• In order for the Mirrabooka Multicultural Centre construction to go ahead, the existing gym facilities and memberships would need to be relocated to Leisurepark Balga.


The Mirrabooka Multicultural Centre project consultation included: • All identified community groups as detailed in the Mirrabooka Multicultural Centre Reference

Group and additional groups specified during discussions at project initiation. • All identified service groups as detailed in the Mirrabooka Multicultural Centre Reference

Group and additional groups specified during discussions at project initiation. • Relevant staff from DIAC and the City of Stirling. • Elected representatives from the City of Stirling - Mayor and Ward Councillors.


Nil.


As stated in the Stage 2 Report, unfortunately capital cost estimates for both design options exceed the project budget of $1 million. Option A is estimated to cost $1,580,000 (ex GST) while Option B is expected to cost slightly less at $1,360,000 (ex GST).


113

In addition, the City of Stirling will need to appoint a project manager to coordinate design development and contract documentation, estimated to cost $60,000. Consequently, the total required funds are $1,640,000 (ex GST) for Option A and $1,420,000 for Option B. Based on these cost estimates, the project is not financially viable within the terms of the Federal Government funding, and should not proceed unless the required additional capital funding is forthcoming. The latest advice from Paul Farrell State Director for the Department for Immigration and Citizenship is that they will be in a position to advise the City whether additional funding will be available at the end of August 2009. If the Mirrabooka Multicultural Centre is constructed, venue hire fees would be set to fully recover operating costs, with the existing management structure at the Herb Graham Recreation Centre able to absorb any additional management tasks associated with the multicultural centre facilities.


This project supports the following Strategic Goals: • Goal 1 – To create and develop a responsive and inclusive community that provides

opportunities for all, balancing the competing needs of the local and wider communities, and • Goal 2 – To plan, develop, enhance and maintain a quality built and natural environment

based on sustainability principles.


114

ATTACHMENTS TO ITEM 10.4/CS1 - FINDINGS FROM CONSULTATION PROCESS REGARDING PROPOSED MIRRABOOKA MULTICULTURAL CENTRE Attachment 1. Membership List: Mirrabooka Multicultural Centre Reference Group.


115

Attachment 2. Terms of Reference: Mirrabooka Multicultural Centre Reference Group.


116

Attachment 3. ‘Stage 2: Feasibility Study and Project Plan’ prepared by Creating Communities – Executive Summary.


117


118


119


120


121


122


123


124

Councillor Bill Stewart disclosed an Impartial Interest in Item 10.4/ED1 as he is a local resident of the suburb of 'Watermans Bay'.

10.4/ED1 COASTAL DEFENSIVE MEASURES WATERMANS BAY This item was HELD OVER at the Council meeting held 4 August 2009 to the Infrastructure and Community Development Committee meeting to be held 25 August 2009 to allow further consideration by Councillors. Additional information is provided at the end of the report.

Report Information

Location: Watermans Beach, West Coast Drive, Watermans Bay


Reporting Officer: Manager Engineering Design

Business Unit: Engineering Design

Ward: Coastal Ward

Suburb: Watermans Bay Moved Councillor Stewart, seconded Councillor Proud


1. That the City WRITE to the Environment Minister urging the State Government to co-ordinate and fund a comprehensive Metropolitan Coastal Study.

2. An engineering option that incorporates the features of Option 2 and Option 1 be ENDORSED as the City’s preferred emergency response to the beach erosion at Watermans Bay.

3. That Council APPROVE the expenditure of up to $750,000 on emergency works to protect essential infrastructure at Waterman’s Bay with a view to obtaining 50% of this funding from State Government. The funding for these works will be considered as part of the mid year budget review.

N.B: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL. The motion was put and declared CARRIED (4/3). For: Councillors Boothman, Michael, Proud and Stewart Against: Councillors Collins, Furlong and Sebrechts.


125

Recommendation

1. That the City WRITE to the Environment Minister urging the State Government to co-ordinate and fund a comprehensive Metropolitan Coastal Study.

2. That Option 3, the Limestone Seawall, be ENDORSED as the City’s preferred emergency response to the beach erosion at Watermans Bay.

3. That Council APPROVE the expenditure of up to $500,000 on emergency works to protect essential infrastructure at Waterman’s Bay with a view to obtaining 50% of this funding from State Government. The funding for these works will be considered as part of the mid year budget review.

N.B: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL.

Report Purpose

To advise Council of the implications arising from beach sand loss and dunal erosion at Watermans Bay, the emergency measures already undertaken, medium term emergency measures available and seek confirmation of the preferred option pending development of longer term strategies.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Printout of PowerPoint slideshow from Councillor Briefing

(7 July 2009). Tax sheet: Nil.

Background

In 2007 it was recognised that loss of beach sand and associated dunes at Watermans Bay had resulted in a limited and diminishing buffer between the beach and assets on West Coast Drive. These “at risk” assets included the toilet block/viewing platform, WaterCorp control kiosk (for the sewage pumping station) and the Coastal Shared Path (and associated sea wall). Subsequently this area was monitored to determine any adverse trends which could place the assets at further risk. This ‘watch’ was also extended to include North Beach and the disabled facilities at Mettams Pool. At the start of winter 2008 beach sand levels were adequate at all three locations and then underwent winter depletion, resulting in some public concern over the rocky conditions at Mettams Pool for which advisory warnings were posted. Furthermore, in October 2008, as part of the beach regrading at Scarborough Beach, 750 cu-m of sand was trucked to Watermans Bay, as sand replenishment, in response to falling beach levels which had led to beach accesses becoming exposed. Under ‘normal’ conditions beach sand is naturally replenished during the summer, however, during the 2008/09 summer beach levels continued to fall. This became so apparent that, in February 2009, the City’s panel consultant for coastal engineering, M P Rogers and Associates (MPR), was asked to comment on this and a brief and scope of works for an investigation and report on likely trends, risks and potential solutions was prepared and a quotation received. This study was deferred pending funding being confirmed in the 2009/10 budget.


126

By the end of summer 2009, the beach at Mettams Pool had become almost non existent with the normally ‘safe bathing’ beach separated from the sea by exposed limestone reef. Similarly, at Watermans Bay, by May 2009, sand levels were significantly lower than they had been at the same time the previous year. In fact, during summer, far from replenishing, this beach had lost all of the imported sand nourishment and continued to recede. The first ‘winter’ storm towards the end of May 2009 was relatively mild, however, its affects on the three ‘monitored’ beaches was devastating and can be summarised as follows: Watermans Bay: This beach lost in the order of 6000 cu-m of sand with beach levels dropping by up to 1.5m and the dunes receding by a further 3.0m at the northern section. This placed the toilet block and retaining wall along the coastal shared path at risk and created exposed sand walls at the rear of the beach posing a significant risk, through collapse, to any beach users unwise enough to approach them. As a result the beach was closed and a meeting held with the Coastal Engineering section of the Department for Planning and Infrastructure (DPI). Although some exposed reef can be seen just below the wave breaks at low tide, intermittently along this beach, it is too low to provide any protection or mitigate further erosion in this already critical location. North Beach: On Tuesday, immediately prior to the May ‘storm’ there was an extensive sandy beach with swimmers walking into the water along its length. By Friday this sandy beach had been removed with exposed limestone reef creating a barrier to access to the water. The beach access steps, adjacent to the jetty, now led into a rock pool. At this location the remnant dunes behind the beach are still sufficient to provide adequate protection to the assets on West Coast Drive and the reef, when exposed, helps to attenuate the effects of waves and limit dunal erosion. Mettams Pool: Whilst predominantly rocky, the beach between the toilet block and disabled access and shade structure had still provided limited access to the water, however, immediately following the storm, this area was now entirely fringed by exposed jagged reef between the remnant sand and the water and, for this reason, these two accesses were closed. Furthermore, the shade structure had been undermined where it was founded on sand and was in danger of collapse. Fortunately this was able to be underpinned and strengthened over the following fortnight and has weathered the subsequent storms well. The exposed reef, whilst an inconvenience to beach users when sand levels are low, does provide some degree of protection to the shade structure and protection to the dunal system behind which still (just) provides an adequate buffer. Public concern was such that a public meeting was held, on Wednesday 24 June in North Beach, to allow Councillors and officers from the City to advise on the situation, listen to concerns, and advise on options. The City’s consultant (MPR) was also present to aid in the discussions. Attendees at the meeting showed strong support for undertaking a coastal study both within and beyond the boundaries of the City of Stirling and indicated that such a study should include all possible remedial measures. Residents were concerned that any immediate measures be least intrusive onto the beach areas, but very strongly supported the retention of the toilet/changing rooms at Waterman’s Bay. Residents believed that the State Government should be proactive in funding and co-ordinating a metropolitan wide response to the problem.


127

On Friday 26 June 2009 the weather forecast warned of three approaching storm fronts which would, over the course of the next three nights, create rising seas and strong onshore winds. In preparation for this a site meeting was convened and emergency protection measures were devised and implemented progressively over the weekend for the exposed toilet block/viewing platform at Watermans Beach. As this was the most vulnerable structure, and owned by the City, it was determined that the embayment for the WaterCorp control kiosk could not also be protected and WaterCorp were advised of the risk to its infrastructure. The final, and most severe, storm front during the Sunday night and into Monday caused some damage to the emergency protection works, however they held, resisting further sand erosion from under the toilet block. During Thursday and Friday the protection works were reinstated ready for the next storms. Although the embayment held, further dunal erosion took place resulting in a significant risk of collapse, during or following any subsequent storms, and a factor of safety of less than 1. In response to these events a meeting was held at the Henderson Environmental Centre, on Friday 3 July 2009, which was attended by representatives from the City, the consultant MPR, the Department of Transport (DoT), the Department of Planning (DoP) and the Department for Environment and Conservation (DEC). The City was advised that any works would require a Development Approval but, if supported, could then be eligible for matching funding. A letter from MPR was provided to the DoT informally and has subsequently been formally submitted under covering letter outlining the various options considered open to the City.

Comment

The State Government maintains that the protection of coastal infrastructure is the responsibility of the respective local government and that inappropriately located infrastructure should not be protected but allowed to be lost. This philosophy would extend to the toilet block/viewing deck as was expressly confirmed at the site meeting with representatives from the Department for Planning and Infrastructure (DPI). Notwithstanding this the DPI, now split into the Department of Transport (DoT) and Department of Planning (DoP), does have an emergency fund which can provide 50/50 matching funding to local government – where it agrees to support that response. This burden of responsibility onto local government seems inequitable, particularly where decisions to locate gazetted roads, subdivisions and other infrastructure have not been at the sole (or any) behest of that local government. Whilst in this case the toilet block/viewing deck was provided by the City, it is fair to say that it forms an essential part of the ‘Regional’ recreational coastal shared path, and West Coast Drive, both of which are seen as iconic state assets (provided and maintained by the City). As has already been discussed, a brief, scope and quotation for an investigation and report have already been agreed and are awaiting confirmation of funding to proceed. The panel consultant (MPR) has been employed to date from a contingency budget, attending meetings and advising on appropriate solutions. So far only short term (emergency) measures have been undertaken to protect those facilities under imminent threat and, at Watermans Bay, provide protection on a storm by storm basis that may, at best, last this winter. Any long term solution can only be identified and agreed once a detailed investigation and report has been completed. As a result of press interest, and coverage in Channel Nine’s ‘A Current Affair’ programme, the Environment Minister is on record as supporting a more coordinated approach for protecting the State’s shoreline, coordinated by State Government in conjunction with local government. Prior to the City commencing a study and report it is recommended that the State Government is approached to determine whether there is merit in considering a wider investigation extending to the metropolitan area as a whole.


128

Any longer term solutions will have to account for the wider issues affecting the ‘longshore drift’ and, because the beaches abut a Marine Conservation Park, will be limited in scope and subject to stringent approvals by the DEC. For this reason a Medium Term solution will need to be provided and maintained for the 5 -10 years that this process may take. In simple terms, for the last 10 years or more, the dunes at Watermans Bay have been funding the coastal ‘current account’ of sand (which is trading in deficit) from the ‘deposit account’, in which time they have receded by up to 14 metres. This has to be arrested as the next contribution would be from the ‘deposit account’ which lies under West Coast Drive. Whilst the DoT and DoP consider sand nourishment as the preferred approach, this, on a small scale, has already proven to be unsuccessful. A “Do Nothing” option, which would simply allow the ocean to claim the existing infrastructure including toilet block, recreational path and most likely West Coast Drive and adjacent properties, and a “Retreat” option which would see the demolition of the toilet block as a short term measure are not considered to be viable solutions. There are, consequently, three solutions available for the Medium Term which are outlined below (including approximate cost and life): Option 1: Large Scale Sand Nourishment to Reinstate Approximately 10m of Dunes. This involves importing up to 27,500 cu-m of sand, at a cost of approx $1million, requiring some 2,600 truck movements and considerable disruption to the community for three to four months. Although the most natural solution, this would have an estimated life of 1 to 3 years (and could be lost in just one bad winter). Option 2: Construction of a ‘Soft Rock’ Seawall, using Marine Grade Geotextile Sandbags. This construction involves the placement of sand filled bags to construct a seawall. Costing in the order of $0.5million this would require approx 3,500 cu-m of sand and involve 350 truck movements. Located against the remnant dunes the footprint would roughly lie within the recently lost fence line with construction replicating the lost dunes. With virtually no voids this is the most ‘wave reflective’ solution which may increase storm erosion of any beach sand accreting in front. This has an estimated 3 to 5 year life as, once compromised, failure can be rapid. Option 3: Construction of a Conventional (limestone) Rubble Mound Seawall. This is the more common solution using a ‘rock armour’ wall seen elsewhere along the coast. With a similar cost estimated at $0.5million, this is similar in volume to the sandbag solution, with approx 350 truck movements. As the rocks are more robust, end tipping onto the beach dunes, followed by assembly of the wall, could reduce disruption to the community. Occupying the same footprint as the sandbags, it would be less aesthetically pleasing, however, having voids means that wave energy is more likely to be dissipated thereby assisting the retention of any sand accreting to the beach in front. This is the most durable solution with an estimated life of 10 years and, because the rocks are substantial, capable of being maintained even longer. Option 3 is recommended as the best solution, as it is the most robust, with the least disruption to the community during construction and lowest cost. As it is capable of dissipating some wave energy this is the least likely to inhibit beach formation, although neither seawall will do anything to hold or form a sandy beach. Having said that, not having a seawall has not prevented the beach losses to date. In the event that sand replenishment does occur, or can be provided following a longer term solution, the rock armour could become buried under a sand dune and be retained as the last line of defence in any extreme event. Long Term solutions could include, but are not limited to, a Groyne or Artificial Reef. Whilst a groyne could facilitate the retention of sand, this could be to the detriment of adjacent beaches (such as North Beach and Mettams Pool).


129

An artificial reef could be ‘cost neutral’ regarding coastal sand drift but could create a regime where sand nourishment would be retained providing a long term beach with sheltered swimming.


The local community has, at the public meeting held to discuss the beach erosion, unanimously agreed that the lookout/toilet block and beach accesses are to be protected. It was conceded, reluctantly, that the retention of a beach may be subject to the whims of nature and then only during summer months. Considerable publicity has been given in the local press (North Coast Times, Stirling Times and West Australian) and Channel Nine, thanks to the efforts of the ward councillors. With public statements having been made by the Environment Minister, the City is well placed to follow up with requests to the State Government to take a more significant role in supporting the medium term measures and determining the longer term trends and solutions. The City is engaged in consultation with the various bodies (DoT, DoP and DEC) and will continue to seek funding contributions from the State Government. West Coast Drive, the regional Recreational Shared Path are significant coastal assets for the wider community and form part of the bigger state picture. Furthermore, as recognised by the DEC, public access to the marine park, with beach accesses, toilet facilities and viewing areas forms an integral part of this environment and should, therefore, be supported by the state.


The City has been advised that any works, including those undertaken in response to the current emergency, will require a formal Development Application.


The short term measures have so far cost an estimated $55k. This expenditure has protected an asset worth at least $300k. The ‘Do Nothing’ or ‘Retreat’ options, would ultimately result in the loss of assets worth considerably more than $1million and severely impact property valued at $30million. In the event that West Coast Drive was lost, at this location, the repercussions would extend to property worth at least $0.5billion.


Action is required urgently to avoid loss of amenity and assets to an area that contributes strongly to Goals 1 and 2 of the City’s Strategic Plan and is widely seen as a part of the iconic metropolitan coastal environment, accessible to everyone, that epitomises WA. Supplementary Comments As an alternative option, it has been suggested that a combination of options 1 and 2 be adopted, whereby sand filled bags would be used to construct a sea wall which would then be covered by imported sand to hide the wall and restore the beach. The cost of this option would be higher than that proposed in the officer recommendation since the sea wall would be required to be the same standard as options 2 and 3, but additional sand would need to be imported and placed over and in front of the sea wall.


130

In its letter to the City dated 27 July 2009, the Department of Transport offered the use of 12,000 m3 of sand dredged from Ocean Reef Harbour. The Department’s estimate of the cost to sieve this sand for coarse limestone boulders and transport to Waterman’s Bay is $200,000. Even after sieving, this sand will contain small limestone rocks and broken glass fragments. The sand is also contaminated with silt from stormwater drains. Clearly, the Department of Transport must dispose of this surplus material and it would be an attractive proposition if the City were to accept the material and pay for its disposal. The main concern for officers, besides the quality of the sand being offered, is that due to the reflective nature of the sand bags, all of the sand placed to replenish the beach and much of that covering the sand bags could be lost in a single storm event. This may be considered as wasting money ($200,000) for very short term gains in amenity. Whilst concerns for the appearance and amenity of the beach are understood, it must also be recognised that the main objective of the short term works is to save the infrastructure behind the dunes from being lost to the ocean. In short, the patient needs emergency surgery to save its life rather than cosmetic surgery to keep it looking good. It has been brought to the attention of officers that a local contractor may have a quantity of surplus granite rock that could be used to construct the core, if not all of the rock sea wall. This may reduce the cost of construction and officers will investigate this option subject to the decision of Council. Once the emergency works are complete, it may be possible to use any surplus funds to carry out some beach nourishment to provide a level of amenity for the coming summer. In reference to the 14 metres of dune regression mentioned earlier, the question frequently asked by the public is “why did the City not contain the dunal regression during the last 10 years with planting of coastal vegetation?” There are two aspects in response to this question; firstly, as evidenced at other metropolitan beaches where severe dune erosion has occurred, no amount of dune vegetation has been strong enough to withstand the force of wave action generated by storm surges. Secondly, it needs to be understood that the dune regression phenomenon has not just been confined to the City of Stirling, but has also been felt generally along the north Metropolitan coastline. The reason why dunes have regressed is because of a net deficit between sand loss during traditional erosion of beaches and dunes in winter and the re-accumulation of sand on beaches and dunes in summer, with the latter having been considerably less over the last 10 years or so.


131

10.4/RL1 REQUEST FOR EXTENSION OF C.A.L.D. YOUTH, SPORT, RECREATION AND LEISURE PROJECT

Report Information

Location: Herb Graham Recreation Centre, Mirrabooka




Ward: Balga

Suburb: Mirrabooka Moved Councillor Sebrechts, seconded Councillor Boothman


1. That Council ACCEPT the offer from the Department of Sport and Recreation to fund staff costs, vehicle and other incidental costs for the CALD Youth, Sport, Recreation and Leisure Project for an additional one year to 30 September 2010.

2. That Council also seek additional funding for the CaLD program up to and including the 31 September 2012.

3. That the project be DISCONTINUED from the 1 October 2010 should further funding support from the Department of Sport and Recreation not be given to the City.

The motion was put and declared CARRIED (6/0). For: Councillors Boothman, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

1. That Council ACCEPT the offer from the Department of Sport and Recreation to fund staff costs, vehicle and other incidental costs for the CALD Youth, Sport, Recreation and Leisure Project for an additional one year to 30 September 2010.

2. That Council also seek additional funding for the CaLD program up to and including the 31 September 2012.

3. That the project be DISCONTINUED from the 1 October 2010 should further funding support from the Department of Sport and Recreation not be given to the City.

Report Purpose

To seek Council’s continued support for the CALD Youth, Sport, Recreation and Leisure Project (CYSRLP), subject to the allocation of grant funding support from the Department of Sport and Recreation up to and including the 30 September 2010 and an additional two years of funding up to the 30 September 2012.


132

Relevant Documents


Background

The CALD Youth Sport, Recreation and Leisure Project (CYSRLP) commenced in September 2006 as a three-year pilot project. The project was co-funded by the Department of Sport and Recreation (DSR) and the Office of Multicultural Interests (OMI) and is based at the Herb Graham Recreation Centre, in Mirrabooka and supervised by a full-time City of Stirling employee. The project targeted refugee and new and emerging migrant groups, in particular youth, to participate in structured and semi-structured sport, recreation and leisure activities as well as enhancing consumer use in local facilities managed by the City of Stirling. Over the past three years the success of the CYSRLP is evident with the growing participation levels of refugee and migrant groups (of all ages) to the Herb Graham Recreation Centre as well as sport and recreation clubs in the district. The partnerships involving the non-government sector, local and state government as well as commercial organisations, strengthened the resources and relevance of each of the programs being provided to the community. This can be seen with the ongoing programs developed through the CYSRLP that include: Community in Clubs- a brokerage system to assist issues around affordability for refugee and migrant youth. Over 70 refugee and migrant youth have successfully participated in this program and are part of mainstream sport and recreation clubs in and around the City of Stirling. Community in Clubs Tennis Program – a sub program of Community in Clubs that aims to address the issues of affordability and access for refugee and migrant youth to engage in tennis activities and currently provides specialised training for a group of 15 dedicated youths. Coaching Program with West Coast Tafe - this newly initiated program has seen 11 youth successfully pass their Sport and Recreation Certificate (Level II). There is indication that this program will continue in conjunction with West Coast Tafe to cater for the growing need for modified coaching programs for refugee and migrant youth. School Holiday Program - over 200 participants have attended various sport and recreation activities during the school holidays. It is an opportunity for refugee and migrant youth to interact with local sport and recreation clubs as well as City of Stirling managed facilities. Together as One Youth Leadership Program - This program has produced 13 dedicated leaders who receive training and education in sport and recreation coaching, interpersonal skills, leadership theory and governance. These leaders then practically apply their skills and knowledge through assisting with other CALD project programs such as Beatball and the School Holiday Program. Beatball – This involves 3 on 3 basketball with indigenous, refugee, migrant and mainstream youth. It is held monthly on Friday evenings and attracts up to 200 participants. This successful program continues to strengthen with the support of twelve partner organisations. Your Goal Indoor Soccer Program – This indoor soccer program helps develop the physical and interpersonal skills of the players (in partnership with Relationships Australia and Maylands Junior Football Club).


133

Women’s Only Volleyball Program - Newly initiated program to provide further physical activity opportunities for multicultural women in a friendly and culturally appropriate environment. Multicultural Women’s Exercise Program - Commenced over 2 years ago, this program continues to encourage refugee and migrant women to become more active through gentle physical exercise. Let’s Swim Women’s Only Swimming Program - Over 200 women from CALD backgrounds have accessed this program to learn to swim in a culturally appropriate environment. The success has come from the strong partnership with NGO’s and commercial organisations. Mirrabooka NAIDOC Family Fun Day - This event brings indigenous and non indigenous Australians together to celebrate the achievements of Aboriginals and Torres Strait Islanders as well as the cultural diversity within Mirrabooka. An independent evaluation of the project has been conducted by Edith Cowan University, which substantiated the success of the project. Additionally, fifteen letters have been received complimenting the project on its valuable contribution to our emerging communities. They constitute a high recommendation for funding support to continue and develop this important programme.

Comment

In July 2009, the Minister for Sport and Recreation advised that a grant of $115,000 had been made available as the contribution from DSR for an extension of the project for one year to 30 September 2009. However, verbal advice in July 2009 has indicated that DSR are highly likely to provide funding support for the program for a further two years up to September 2012. It is anticipated that the City will be advised formally in September/October 2009. DSR’s anticipated contribution over the three years is likely to be to a maximum of $305,000. In June 2009, the Minister for Multicultural Interests advised that OMI was unable to provide further funding for the project. The project has been nominated for the prestigious ‘Premier’s Award’. The City has been advised that the project is a finalist but the details of the awards function is yet to be announced. Significant cultural change has been created in the first three years of the project. It is considered that an extension to the project is justified, which will result in a continued increase in participation in sport and recreation by our expanding emerging communities. However, should the project be discontinued after the current three years, it would create a significant gap in service provision within the City of Stirling. This would adversely affect a section of our community that is most in need of support. Having said this, it is cognizant of other tiers of government to support the City by providing funding for this type of project. It recommended that should the City not receive significant future funding for this project beyond September 2010 that the City discontinue its service provision for this specific target market.


134


The cost arrangements for the program for the current three years (ending 17 September 2009) is as follows: Department of Sport and Recreation $263,000 City of Stirling $ 89,400 (Thus includes venue hire, office expenses and corporate overheads) Office of Multicultural Interests $ 50,000 Total $402,400 These funds are primarily allocated towards the following: employee salaries, lease of vehicle, program marketing and promotion, venue hire, office expenses, administrative support and corporate overheads. In anticipation of the possible extension of the project, funding (the City's component) has been allocated and approved in the City’s 2009-10 budget accordingly. Should the project be extended for a further two years (from 1 October 2010 to 30 September 2012), the proposed cost arrangements would be as follows: Department of Sport and Recreation $190,000 City of Stirling $ 91,760 (Thus includes venue hire, office

expenses and corporate overheads) Total $281,760


Not applicable.

Strategic implications

Goal 1 : To create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of local and wider communities. Objective 1.1: Encourage and promote a strong sense of place and identity. SI 1.1.1: Develop programs that respond to the communities social and service needs and seek additional funding opportunities.


135

Councillor David Michael disclosed an Impartial Interest in Item 10.4/RL2 as he is a member of the Tuart Hill Cricket Club who are a user of Grenville Reserve.

10.4/RL2 PROPOSED MULTI PURPOSE FACILITY AT GRENVILLE RESERVE, TUART HILL

Report Information

Location: Grenville Reserve, Tuart Hill



Ward: Osborne

Suburb: Tuart Hill Moved Councillor Stewart, seconded Councillor Proud


That Council PROCEED with Facility Option 1, Current $4.66 million proposed Multi Purpose Facility at Grenville Reserve, Tuart Hill. The motion was put and declared CARRIED (5/2). For: Councillors Boothman, Collins, Michael, Proud and Stewart. Against: Councillors Furlong and Sebrechts.

Recommendation

That Council PROCEED with Facility Option 1 (Current $4.66 million proposed Multi Purpose Facility at Grenville Reserve, Tuart Hill.

Report Purpose

To seek Council endorsement to proceed with the preferred facility development as resolved by Council at the 7 April 2009 meeting. This will allow Officers to appropriately progress the project and seek input into final architectural design features.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Proposed Critical Time path. Tax sheet: Nil.


136

Background

The City has been progressing a proposal to construct a new multi purpose community and sport facility at Grenville Reserve, Tuart Hill since 2005. Numerous reports have been considered by Council on this proposed facility and how it is to be funded. These previous Council resolutions are summarised in the attachment. The most recent Council resolution was at the 7 April meeting, where Council resolved:

"1. That the estimated construction cost being $4.66 million for the proposed multi purpose community facility at Grenville Reserve, Tuart Hill be appropriately proportioned and LISTED in the 2009/2010 and 2010/2011 draft capital budgets for consideration by Council as part of the annual budget process.

Some Councillors have expressed concerns with the indicative cost of the proposed facility and the scale of the building development and although Council has allocated $1 million on the 2009-2010 capital budget to enable progression of a new building at Grenville Reserve, officers are unclear as to the preferred facility development option. As such there is a need to obtain a resolution from Council in relation to its preferred facility development option to ensure the most efficient use of available design budget funds and staff resourcing of this project.

Comment

Need The below information provides a key summary of the core needs that supported the Officers recommendations to proceed with the construction of the $4.66M proposed multi use community and sport facility (Option 1):

• The age and aesthetic appearance of existing sporting and community buildings (swimming club social rooms, swimming club change rooms, cricket clubrooms and public change rooms and toilets) on the reserve. These facilities are 58 years or younger and would be the worst in the City especially based on their high usage.

• A recommendation by an independent architect, following an asset audit of existing

buildings to demolish and consolidate the buildings as they were at the end of their life cycle and that based on economies of scale, it would be considerably expensive and un viable to rebuild single purpose buildings to acceptable access and building standards.

• An opportunity to consolidate two sets of clubrooms and change rooms into one

accessible community facility. • The ability to produce a resident bookable community facility for activities such as

meetings and recreational classes. A similar purpose facility on this reserve, Grenville Hall was previously available to the local community a number of years ago until it was exclusively leased to the Education Department of WA School Volunteer Program.

• The need for a large internal recreational space based on high use of these types of

spaces within surrounding facilities. Eg Osborne Park and Yokine Community Centres. There will be an increase of approx 4600 people across Joondanna, Tuart Hill and Osborne Park over the next 22years. In relation to predicted age changes there will continue to be strong growth in the 25-29 and 30-35 age categories. This will place pressure on the usage of Osborne Park and Yokine Community Centres leading to the need for over flow facilities to conduct recreation and leisure activities such as aerobics, fitness, pilates, yoga, martial arts which continue to be popular programmes.


137

• As there is no current winter season club based at Grenville, relocating clubs will greatly

ease reserve and pavilion use on nearby reserves that are already at capacity.

• Accommodate the core community needs of local sport clubs, schools and interested groups

• Significant ongoing maintenance costs to ensure the buildings meet relevant standards

and functionality needs if the buildings remained. Building Scale/Function Assessment Officers have reviewed the scope of the proposed community and sport focused facility (Option 1) in a manner that aims to reduce costs although does not negatively impact on its proposed role, functionality, access and capitalises on future community and sport opportunities. The key principles in proposing the scale and size of the $4.66M building and spaces was primarily based on providing a sustainable facility that met current and future community needs. This was to be achieved by providing access to a quality functional multi purpose sporting and recreational facility and that its level of development was user appropriate and financially viable. The size of the building, its internal spaces and the level of development was proposed based on the following justifications:

• Comparable with modern and similar multi use facility spaces. The size of a number of City and non City existing and planned multi use community centres and sport pavilions were reviewed to provide guidance on the recommended size of functional rooms within a multi use community facility. With the exception of social and storage spaces that are aligned with each sites user needs and the role and capacity of the POS, the minimum industry benchmark of functional size rooms were included in the concept design. During the development of the concept design, spaces that were proposed by the consulting Architect but were considered not needed or too large were removed or reduced by Officers.

• The ability to accommodate existing and future clubs, groups and local community needs.

The proposed facility would initially and regularly accommodate the Tuart Hill Junior Cricket Club (122 players whose existing clubhouse base will be demolished for this facility) and the Tuart Hill Swimming Club (103 members whose existing clubhouse and changerooms will also be demolished). Also the swimming club regularly book their clubhouse to 60 members of the WA Suburban Turf Umpires Association. Currently no winter season sport clubs are based at Grenville Reserve although Officers have identified clubs that could be relocated to this reserve. As yet no discussions have occurred with any of these clubs.

• The proposed facility is intended to be a community group overflow facility for the

Osborne Park and Yokine community centres. The larger spaces within these facilities are currently well used by community groups seven days a week. It is anticipated that the demand for these spaces will grow in the future with the predicted increase in population in Tuart Hill, Joondanna and Osborne Park.

• Officers preference is to directly manage the proposed facility so there is a need to

ensure it has the ability to optimise income through attracting bookings and maximising demand. This income would mainly be generated from usage of the top level 225sqm social space that would be able to be partioned into three separate different size rooms that have views of Perth and linked to appropriate support and kitchen facilities.


138

The ability to reduce the cost via a straight versus curved (current proposed) contour of the building was also considered. The Architect's advice on this query was that there would be some cost savings although they would be minimal in comparison to the overall cost and the innovative and contemporary design expected of modern facilities. Options The outcomes of this review were that in applying the key principles utilised by Officers to determine the initial building proposal is that the scope of the development could not be reduced without impacting on these key principles. However, in addressing Councillors previous concerns in relation to scale and cost, Officers have suggested an alternative option that would enable the existing aged amenities to be demolished and current sporting reserve users to be relocated to a new sport clubroom facility. In this regard, comparative information of the two options and its impacts on the key building provision principles has been outlined below: Current Proposal - Option 1 - $4.66M Multi Use Community and Sport Facility Role: This is a proposed two (2) storey local community recreational and sport focused facility. It comprises 609sqm of enclosed space that consists of the following: Top Level

• 225sqm social/meeting spaces that is sub divable into three separate rooms • 57sqm Kitchen and Refrigeration including dry store and serverys • 29sqm Internal Male/Female/Disabled Toilets • 25sqm Internal Storage • 6m External Bin Storage • Lift and Stairwell

Bottom Level

• 45sqm Home Changerooms • 44sqm Visitors Changerooms • 25sqm Umpires Changerooms/Accessible Public Toilets • 65sqm External Storage • 70sqm Future External Storage (Due to top level footprint) • 33sqm Passage/Stairwell/Lift

Proposed Users: This proposed facility would adequately accommodate the current and future needs of the following clubs/groups/community:

• Tuart Hill Junior Cricket Club - 122players • Tuart Hill Swimming Club - 103 members • Suburban Turf Umpires Association - 60 members • Potential Winter Season Clubs - 121 players • Osborne Park Community Centre overflow groups • Yokine Community Centre overflow groups • Interested relevant local community groups • Occasional local social bookings

Management Model: Officers propose that the facility should be managed by the City to ensure equitable access by clubs; groups and the local community; to optimise revenue through appropriate marketing/promotion of the facility to generate regular and occasional bookings and ensure effective asset management such as replacement and maintenance of the facility over its asset life.


139

Financial Implication: The 2009-2010 endorsed budget and future indicative City funds needed to progress this option are: 2009-2010 2010-2011 /

2011-2012 Capital Revenue Sale of Two Lots

$1,000,000

Expenditure Detailed Design and Contract Administration

*$1,000,000

Construction $3,660,000 *Officers estimate that up to $450,000 of the $1,000,000 will be needed for the detailed design and initial contract administration stage of this option. A more accurate amount will be confirmed on engagement of the successful architect. The $1,000,000 expenditure was an offset amount to the expected revenue from the sale of the two lots. Option 2 - $2.43M Sport Clubroom Role: This is a standard single storey basic sports clubhouse such as Coolbinia No 2 clubrooms located at Wordsworth Reserve, Yokine. It comprises of 392sqm of enclosed space that will consist of:

• 150sqm social room • 43sqm Kitchen/Refrigeration • 20sqm Internal Male/Female/Universal Accessible Toilets • 10sqm Internal Storage • 45sqm Home Changerooms • 45sqm Visitors Changerooms • 15sqm Umpires Changerooms • 24sqm External Public Toilets • 40sqm External Storage

Proposed Users: This proposed facility would accommodate the current needs of the following clubs:

• Tuart Hill Junior Cricket Club - 122 players • Tuart Hill Swimming Club - 103 members • Suburban Turf Umpires Association - 60 members • Potential Winter Season Clubs - 121 players

Management Model: It is proposed that this clubroom would be managed by the sporting clubs through a seasonal management licence as they would be the majority users.


140

Financial Implications: The 2009-2010 endorsed and future indicative City fund needed to progress this option are: 2009/2010 2010/2011 and

2011/2012 Capital Revenue Sale of Lots $1,000,000 Expenses Concept, Detailed Design and Contract Administration

*$1,000,000

Construction $1,430,000 Note: The cost estimates for the detailed design and Contract Administration and Construction phases are Officer only cost estimates that have been based on current industry rates. *Officers estimate that up to $500,000 of the $1,000,000 will be needed for the concept, detailed design and initial contract administration stage of this option. A more accurate amount will be confirmed on engagement of the successful architect. The $1,000,000 expenditure was an offset amount to the expected revenue from the sale of the two lots. Given that this facility is proposed as a single storey there would need to be further investigation in regards to universal access from car parking facilities to meet relevant standards and legislation. The cost impact has not been factored into the above financial analysis. There are also potential further cost implications in regards to structural reinforcement in relation to the existing retaining wall. Differences Other than the capital and potential revenue cost differences the other key differences between the two options are:

• A restricted ability to adequately accommodate the current needs of the sport clubs for example the cricket club is still unable to hold a large social event to cater for its current member base and club supporters within a 150sqm social space in Option 2.

• Option 2, in its proposed form will not adequately accommodate the future expansion of the clubs.

• A current inability of Option 2 to adequately accommodate the current and future social and recreational needs of community groups and local residents.

However, in response to the above three points, Option 2 could be located and designed in a manner where the building is able to be expanded in the future to accommodate the broader community recreational and leisure needs and cater for future expansion of the sporting clubs as currently intended with option 1. Risk Analysis Concerns have been expressed about not having confirmed winter sport club/s based at Grenville Reserve. Although no discussion has occurred with potential winter season clubs, Officers are very confident in relocating interested clubs to the reserve. The ability to be based in a new facility at no capital, only maintenance/management cost and having seasonal training and fixture access on Grenville Reserve are attractive factors.


141

The Option 2 $2.43M amount is an Officer developed cost estimate and needs to be confirmed independently based on an architectural concept design and quantity survey report if this is the preferred option. The indicative estimate for Option 2 has been produced by Officers based on industry rates that include material and labour escalation costs of 12% pa over 2 years. Also the indicative cost to accommodate universal access and potential structural reinforcement will be needed. Although the capital cost of this facility is significantly less than Option One this option restricts cost recovery opportunities through the City being able to generate income for the facility from the use of social areas by community and recreational groups. The timing of an expansion of Option 2 to accommodate community and club need may be realised sooner than anticipated based on current regular usage of similar spaces in facilities located near Grenville reserve. Additionally the predicted demographic and population changes are likely to lead to a continued demand for sport and recreation. A large proportion of the additional 4600 people will be 25-35 years of age which also have the highest participation rates in sport and recreation. Aerobics/fitness was the second highest for both men and women after walking and yoga was the ninth highest participated sport and recreation activity for women. This is based on the latest sport and physical recreation ABS data. Also the anticipated positive changes in the 5-19 age categories in Tuart Hill and Joondanna between 2016 to 2031 are highly likely to increase future club membership. Summary In summary, an opportunity exists to consolidate aged, unappealing, unfunctional and similar purpose facilities into a multi use, sustainable, community facility that is able to accommodate the needs of the Tuart Hill and Joondanna community (Option 1). A number of factors and concerns have impacted on the original proposal and lead to this need to gain Council resolution in relation to the preferred facility development option to ensure the most efficient use of design funds and staff resources. The Recreation and Leisure Services Business Unit's preferred development model is Option1. It is envisaged that this option will provide a greater social and financial return on the City's initial capital investment over the life of the asset and is considered a sustainable model in relation to its ability to meet current and future sporting, recreational and leisure needs.


The Tuart Hill Junior Cricket and Tuart Hill Swimming Clubs have been consulted on Option 1 and verbally indicated that this option was able to accommodate both club's current and future needs. Both these clubs have not yet been consulted on Option 2 due to no concept design/s being available.


Nil.


Option 1 - The total design and construction cost estimate of the current proposed multi purpose community, recreation and sport facility is $4.66M. Council funds of $3,660,000 would be needed over 2010/2011 and 2011/2012 for the demolition and construction phases of this option. These cost estimates have been provided by an independent QS based on an archteitucal concept design. This amount incorporates detailed design, demolition and remediation of the cricket clubhouse and public change rooms, utility upgrades, contingencies and relevant industry escalations.


142

Option 2 - The total design and construction cost estimate of the sport clubhouse is $2.43M. This excludes universal access costs and potential structural reinforcement of the limestone retaining wall. Council funds of $1,430,000 would be needed over 2011/2012 and 2012/2013 for the demolition and construction phases of this option. These cost estimates were developed by City Officers based on current industry rates and consideration of projected industry escalations and in this regard if this is the preferred option Officers will need to engage an architect to complete a concept design and gain independent QS costings for this option. Approximately $1,000,000 revenue is anticipated to be generated in 2009/2010 from the sale of the two Short Street lots. An offset amount of $1,000,000 expenditure has been endorsed as a part of the 2009/2010 budget for the completion of detailed design works including document development for the recommended facility. A CSRFF application can be submitted to reduce the construction cost of the core sporting operational spaces within either of the proposed options. In relation to Option 1, a CSRFF application could be submitted in the next round of funding, that closes in October 2009 and the City would be notified of the outcome in April 2010. In relation to Option 2 it would be submitted in the following round with notification in April 2011. Construction is unable to begin before notification. Feedback has been obtained in relation to the previous unsuccessful $1.429 M CSRFF application for Option 1 and Officers believe it would be of value to reapply, pending Council's construction completion timeframe expectations. This application would focus on those building components that have a direct relationship with increasing participation opportunities such as changing facilities, storage areas and kitchen and minor social areas. Also the proposed relocated winter clubs consist of new and emerging special interest groups that would be favourably considered for funding.


This proposal is aligned with the following objectives of the City of Stirling Strategic Plan 2009-2012: Objective 2.1 Position the City as a flagship of sustainable urban local government, encouraging innovative, creative and inspirational built form and infrastructure. Objective 2.4 Ensure Council assets are developed and maintained to an appropriate standard to meet community needs. Objective 3.3 Create and foster an environment that encourages innovation and investment.


143

10.4/RL3 FEDERAL FUNDING - $220 MILLION BOOST TO COMMUNITY INFRASTRUCTURE PROGRAM

Report Information

Location: City Wide
















1. That Council AGREE in principle to expending the $246,000 Grant from the Federal Government’s “$220 million Boost to Community Infrastructure Program” on securing and upgrading of Public Toilet facilities on reserves across the City.

2. That Officers PROVIDE a detailed priority projects list pertaining to the proposed securing and upgrading of Public Toilet facilities on reserves across the City to the Infrastructure and Community Development meeting in October 2009.


144

The motion was put and declared CARRIED (6/1). For: Councillors Boothman, Collins, Furlong, Michael, Proud and Stewart. Against: Councillor Sebrechts.

Recommendation

1. That Council AGREE in principle to expending the $246,000 Grant from the Federal Government’s “$220 million Boost to Community Infrastructure Program” on securing and upgrading of Public Toilet facilities on reserves across the City.

2. That Officers PROVIDE a detailed priority projects list pertaining to the proposed securing and upgrading of Public Toilet facilities on reserves across the City to the Infrastructure and Community Development meeting in October 2009.

Report Purpose

The purpose of this report is for Council to consider approving “in-principle” non-budgeted expenditure on projects to proceed as a result of an unexpected Federal Government Grant to all Local Government Authorities (LGA).

Relevant Documents

Attachments - Prime Ministers announcement June 25th 2009. Updated List of Regional and Local Community Infrastructure Program 2009 ($621k)

Available for viewing at the meeting -Community Infrastructure Program – List of Western Australian LGA Recipients

Background

The Federal Government have advised that the City of Stirling will be the recipient of $246,000 as a result of their recently announced $220 million Boost to Community Infrastructure Program. These funds are in addition to the $621,000 that the City is to receive via the Regional and Local Community Infrastructure Program 2008/09. The $621,000 grant has been designated to projects as resolved by Council in December 2008, an updated list is attached for information, this grant is to be acquitted by 30 September 2009 and the City is well on track to fulfil this requirement. The details of this latest grant are still to be finalised however in summary there is $220 million dollars available of which $100 million has been divided amongst every LGA in Australia (WA dividend to be tabled at the meeting) the remaining $120 million is for larger strategic projects and will be granted on a competitive basis. The guidelines for both funding “pots” will not be available until later this calendar year; as such the City has time to consider what it may apply for in the $120 million fund. In relation to the allocated funds of $246,000 to the City of Stirling, officers have been informed by email that at this stage there are no further guidelines however, indications are that the reporting mechanism and expenditure processes are expected to be almost identical to the $621,000.00 structure however; this is to be officially confirmed.


145

$100 Million Allocation

• $10,769,000 apportioned to WA (139 Councils) o $246,000 apportioned to COS

• $800,000 apportioned to Australian Capital Territory • $30,000 apportioned to all councils (565 Councils) - COS • $150,000 apportioned to 105 classified councils (105 Councils) – COS

o $150,000 apportioned to 17 Councils in WA

• $66,000 apportioned to City of Stirling is a result of sharing the remaining funding proportioned according to the 2008-09 Financial Assistance Grant (see table below & attachment titled: WA State Summary - Financial Assistance Grant) –

Jurisdiction General Purpose

$ Local Roads

$ Total

$ Increase from

2007-08 %

NSW 428,488,129 168,638,472 597,126,601 7.2

Vic 324,424,635 119,832,447 444,257,082 6.9

Qld 261,509,296 108,904,701 370,413,997 7.2

WA 131,822,321 88,873,772 220,696,093 7.7

SA 98,464,853 31,943,548 130,408,401 6.4

Tas 30,673,609 30,802,070 61,475,679 6.8

NT 13,455,463 13,615,647 27,071,110 6.7

ACT 21,078,523 18,637,989 39,716,512 6.3

Total 1,309,916,829 581,248,646 1,891,165,475 7.1 Reliable advice is that the $246k can be used in accordance with the criteria and guidelines as set for the $621k. As such, with time and resource availability imperative, officers wish to propose that detailed work commence on a suitable citywide project that will utilise these funds for the betterment of the community and meet the objectives of the funding criteria.

Comment

Officers have submitted a report to the Infrastructure and Community Development meeting of 25 August seeking endorsement of a proposed Public Toilet Policy, the policy outlines a strategy to manage and maintain these amenities well into the future. Many of the City’s public toilets require securing, upgrading, handing over to clubs and in some cases demolition. It is proposed to expend the $246,000 on works across the City such as:

• Additional Automated Door Locks – The 10 sites implemented to date have proved extremely popular with local residents living near public toilets on reserves. It will be proposed to provide additional automated locks to reserves where the toilets are stand alone, the use is high or where anti social behaviour needs to be addressed.

• Secure Doors and Frames – to be provided to toilets imbedded in a sports club room facility. It is propose that these be locked and the keys given to clubs to manage access.

• Upgrade High Use public Toilets – The City has a number of high use public toilets that require “refreshing” mainly items such as new pans, urinals, shower fittings, painting etc.


146


Should Council endorse the Officer’s recommendation, it is envisaged that Officers will consult individually with Ward Councillors to seek input into priorities for their respective ward. City Wide data is available for information purposes and Officers can also advise based on information from the Community Safety Business Unit as to known “hot” spots.


Refer Draft – Public Toilet Policy.


It is the Officer’s intention to consult with Councillors and provide a priority project list for expenditure on Public Toilets across the City to the value of $246,000.


Goal 1: To create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of local and wider communities.

Objective 1.1: Encourage and promote a strong sense of place and identity. SI 1.1.1: Develop programs that respond to the community's social and service needs

and seek additional funding opportunities




Social - Amenity Removal of the toilets will result in a significant decrease of antisocial behaviour.

SOCIAL

Issue Comment

Health, wellbeing and safety Increase health and safety aspects of public toilet amenities.

ECONOMIC

Issue Comment

Transport and infrastructure Upgrade amenities as required.


147

Conclusion

It would be cognisant of Council to utilise this funding windfall for a city wide purpose as this allows infrastructure improvements to be experienced by the vast majority of residents rather than a select few. Council resolved as indicated to expend previous federal government grant funding primarily on playgrounds and shade shelters across the City. This has been very well received by residents throughout. Public toilets on reserves are crucial to the experience and comfort of reserve users whether they be passive or active groups or individuals. It is even more crucial that these amenities are presented and managed in a manner that provides security, safety and hygiene to users.


148

ATTACHMENT TO ITEM 10.4/RL3 - FEDERAL FUNDING - $220 MILLION BOOST TO COMMUNITY INFRASTRUCTURE PROGRAM Prime Ministers Announcement June 25 2009


149


150

Updated List of Regional and Local Community Infrastructure Program 2009 ($621k)

No. Location Ward Project Descriptive Statement

Cost Centre

Budgeted Cost

Actual Cost

Variance ($)

Budgeted cost

Individual Cost

Stage of Completion

(%)

Estimated Completion

Date

Current Funding Spent ($)

Remaining Funds ($)

Actual to Budget

Variance ($)

Liaison Officer

Local Playgrounds for the following locations;

Coastal Dempster/ Highbridge Reserve P0781 $31,000 $25,615 100% 02/07/2009 $25,615 $0 $5,385

Lawley Beverley Murchison Reserve P0762 $31,000 $33,970 25% 28/08/2009 $33,970 $0 -$2,970

Balga Stedham Brede Reserve P0763 $31,000 $25,546 100% 27/03/2009 $25,546 $0 $5,454

Hamersley Vrankovich Reserve P0674 $31,000 $25,310 100% 08/05/2009 $25,310 $0 $5,690

Osborne Park Burwood Reserve P0765 $31,000 $27,111 100% 04/06/2009 $27,111 $0 $3,889

Doubleview Empire Ave Reserve P0766 $31,000 $33,427 100% 19/05/2009 $33,427 $0 -$2,427

Balga Hartley Reserve P0767 $30,000 $23,749 100% 20/03/2009 $23,749 $0 $6,251

Inglewood Canada Reserve P0768 $30,000 $25,053 100% 30/05/2009 $25,053 $0 $4,947

1 City Wide Coastal Playground Crowcombe Reserve P0769 $276,000 $253,760 $22,240 $30,000 $33,979 100% 03/04/2009 $33,979 $0 -$3,979 Drew

Manning

Coastal Dempster/ Highbridge Reserve P0770 $43,225 $34,800 50% 13/08/2009 $34,800 $0 $8,425

Hamersley Rickman Delawney P0771 $45,333 $46,943 100% 31/05/2009 $46,943 $0 -$1,610

Inglewood Wake Pola Reserve P0772 $38,725 $29,881 100% 23/06/2009 $29,881 $0 $8,844

Balga Celebration Park P0773 $30,944 $30,947 100% 31/05/2009 $30,947 $0 -$3

2 City Wide Coastal

Shade Structures for Playgrounds Crowcombe Reserve P0774 $184,000 $169,518 $14,482 $25,773 $26,947 100% 31/05/2009 $26,947 $0 -$1,174

Drew Manning

No. Location Ward Project Descriptive Statement

Cost Centre

Budgeted Cost

Actual Cost

Variance ($)

Budgeted cost

Individual Cost

Stage of Completion

(%)

Estimated Completion

Date

Current Funding Spent ($)

Remaining Funds ($)

Actual to Budget

Variance ($)

Liaison Officer


151

Replace locksets with programmable keys to improve safety & customer service

Troy Duncan

Coastal

Scarborough Community Recreation Centre G0386 $3,500 $3,500 50% 30/09/2009 $3,500 $0 $0

Inglewood

Jim Satchell Community Recreation Centre G0387 $3,500 $3,500 50% 30/09/2009 $3,500 $0 $0

Lawley Yokine Community Recreation Centre G0388 $3,000 $3,500 50% 30/09/2009 $3,500 $0 -$500

Osborne Park

Osborne Park Community Recreation Centre G0389 $3,500 $3,500 50% 30/09/2009 $3,500 $0 $0

Coastal

Karrinyup Community Recreation Centre G0390 $3,500 $3,500 50% 30/09/2009 $3,500 $0 $0

3 City Wide Doubleview

Community Recreation Centres Security Upgrade

Innaloo Community Recreation Centre G0391 $20,000 $20,500 -$500 $3,000 $3,000 50% 30/09/2009 $3,000 $0 $0

4 Leisurepark – Balga Balga

Community Rooms

Install air-conditioning to improve client comfort for disabled users and additional storage space G0392 $17,000 $12,000 $5,000 $17,000 $12,000 100% 06/04/2009 $12,000 $0 $5,000

Luke Ellis

A1054

A0146

5

Osborne Park Library

Osborne Park

Install optic fibre for data communications. A0221 $50,000 $50,000 $0 $50,000 $50,000 90% 30/09/2009 $45,144 $4,856 $0

Matt Younger

6 Bradley Reserve Doubleview Lighting

Installation of lighting to footpath. P0775 $16,500 $16,500 $0 $16,500 $16,500 25% 30/09/2009 $0 $16,500 $0

Drew Manning

7

Herb Graham Recreation Centre Balga

Recreation Centre Entry

Landscape works to improve and integrate customer entry and egress. P0776 $45,500 $65,500 -$20,000 $45,500 $65,500 25% 30/09/2009 $0 $65,500 -$20,000

Bruce Reid


152

Councillor David Boothman disclosed an Impartial Interest in Item 10.4/RL4 as he lives in the area.

10.4/RL4 HERB GRAHAM RECREATION CENTRE - GYM OPERATION

Report Information

Location: Herb Graham Recreation Centre – Mirrabooka




Ward: Balga

Suburb: Mirrabooka









Moved Councillor Boothman, seconded Councillor Proud


1. That Council ENDORSE the closure of the gymnasium (excluding group fitness) at the Herb Graham Recreation Centre at the completion of the gymnasium at LeisurePark Balga.

2. That existing members of the Herb Graham Recreation Centre Gym be invited to

TRANSFER to LeisurePark-Balga or Terry Tyzack Aquatic Centre with an extension of one month to their current membership.


153


Recommendation

1. That Council ENDORSE the closure of the gymnasium (excluding group fitness) at the Herb Graham Recreation Centre at the completion of the gymnasium at LeisurePark Balga.

2. That existing members of the Herb Graham Recreation Centre Gym be invited to TRANSFER

to LeisurePark-Balga or Terry Tyzack Aquatic Centre with an extension of one month to their current membership.

Report Purpose

That Council endorse the closure of the Herb Graham Recreation Centre Gym and locate the new Mirrabooka Multicultural Centre within the space vacated by the Gym should capital funding made available from the Dept. Immigration.

Relevant Documents

Attachments

Nil.

Available for viewing at the meeting

11.3/RL1 Herb Graham Recreation Centre - Group Fitness Operations

Background

The gym at Herb Graham Recreation Centre was originally leased by the privately owned Bodyshop. This lease was terminated in 1998 when the owners saw an increasing number of gyms establish in the area escalating the competition for the client base. In 1999 a Public Benefit Assessment recommended that the gym be reintroduced at Herb Graham Recreation Centre in a limited capacity. Since this assessment was undertaken five (5) major organisations now operate gyms in a 5 km radius of Herb Graham Recreation Centre. This has had a direct ongoing negative impact on the Herb Graham Recreation Centre Gym. Concerns regarding this market impact and the resulting financial under performance of the gym were raised in a report to Council in February 2008 requesting the closure of the licensed group fitness program at Herb Graham Recreation Centre. This decision was deferred and a limited group fitness programme has continued to operate. The pending closure of the gym will see this programme continue in its present format which includes a range of non licensed boxing, spin and yoga group fitness classes presented twelve (12) times per week. The Gym at the Herb Graham Recreation Centre from 2004 to 2008 has had a static 250 to 325 members, currently there are 241 members. The only concerns that were raised by existing members were those who frequented the Group Fitness Programs, in particular clients accessing the spin and boxing classes. These comments were reviewed and the Group Fitness Program though somewhat diminished in size continued to operate.


154

Pending the approval for the Mirrabooka Multicultural Centre to proceed, the gym will close; however, the Group Fitness Program will continue to operate in its current format.

Comment

With the proposed Mirrabooka Multicultural Centre the City has an opportunity to replace an activity that is under performing due to external influences, and reinstate it with an activity that will greatly enhance Herb Graham Recreation Centres status as an accessible facility relevant to communities needs. Herb Graham Recreation Centre already caters for the multicultural community and has in the last two years created a niche in the market as a place welcoming to all regardless of cultures, abilities and beliefs. The centre now hosts ninety one (91) sporting teams from diverse cultural backgrounds, and numerous federal and state government agencies utilise the facilities to make contact with their varied multicultural client base. A Culturally and Linguistic Diverse (CALD) projects officer is based at Herb Graham Recreation Centre. This placement has resulted in extensive contacts being forged with the multicultural community resulting in a range of diverse groups utilising the Centre for their activities including church groups, language classes, holiday programs, seminars, sporting events and celebratory functions. Staff at the Herb Graham Recreation Centre serves the multicultural community on a daily basis and the sighting of the Multicultural Centre within the facility would be a natural extension of the service currently provided.


The primary focus of the pending the closure of the gym and the possible development of the Mirrabooka Multicultural Centre will be to keep members fully informed. All members will be invited to transfer their memberships to the existing gyms at Leisurepark-Balga, or Terry Tyzack Aquatic Centre. Leisurepark-Balga has a new temporary gym and by November 2009 renovations and extensions to the old child care centre will result in a new contemporary health and fitness centre. The present membership base at Leisurepark-Balga is 700 and with building improvements and percentage of envisaged Herb Graham Recreation Centre members joining Leisurepark-Balga membership is anticipated to rise to 1200 members in the next twelve (12) months. Terry Tyzack Aquatic Centre gym is an attractive modern facility; both gyms are fitted out with superior equipment than Herb Graham Recreation Centre Gym. The members will be upgrading to a better facility in terms of age and quality of equipment, and a facility that has the ability to include an aquatic component to the membership. Given the size and scope of the current gym operations at Terry Tyzack Aquatic Centre and Leisurepark Balga it is envisioned that the current Permanent Full time (1) and Permanent Part time (1) staff employed at the Herb Graham Recreation Centre Gym will be adequately accommodated within these facilities.


Nil.


155

Financial Implications Financial Performance of Herb Graham Recreation Gym 2006 - 2010

Actual Income Actual Expend

Deficit Actual Income

Actual Expend

Deficit

06-07 06-07 06-07 07-08 07-08 07-08 153,498 209,093 -55,595 139,849 257,473 -117,624

Actual Income to June 2009

Actual Expend to June 2009

Deficit to June ForecastIncome

Forecast Expend

Deficit

08-09 08-09 08-09 09-10 09-10 09-10

135,858 252,137 -116,279 144,600 306,568 -161,968

Note: The financial performance indicators above are calculated on income against total expenditure. It should be noted that in normal circumstances a gym within a recreation facility should post a financial surplus thereby subsidising other community based activities, at Herb Graham Recreation Centre this has not been achieved Also if the gym operations at Herb Graham Recreation Centre do not cease then the current equipment will need to be replaced. The majority of current equipment is now ten (10) years old which in gym terms is old and outdated. The gym members at Herb Graham Recreation Centre regardless of the number of members have an expectation that they will access equipment that is up to date and not breaking down on a regular basis due to age and lack of replacement parts. There is also an Occupational Health and Safety aspect to the replacement of the equipment. For example, the current treadmills which are the most commonly used pieces of equipment in the gym; currently attract an ongoing repair bill of $700 per month due to breakdowns. Parts for the treadmills are now becoming unavailable as they are too old, and mechanical technicians have to do repairs on an ad hoc basis.



Objective 1.2: Provide and promote activities, programs and services designed to meet the

needs of Stirling's diverse community. SI 1.2.3: Facilitate health and wellbeing in the community


156

Sustainability Implications The following tables outline the applicable sustainability issues for this proposal:-


Energy Consumption Proposed reduction in utility and human recourse use.

SOCIAL

Issue Comment

Community Services Proposed re-use of the space to provide a community service

consistent with the purpose of the facility.

ECONOMIC

Issue Comment

Business Innovation Reduction in direct cost to facility operations.

Conclusion Should funding be forthcoming for the Mirrabooka Multicultural Centre the space presently occupied by the Gym at Herb Graham Recreation Centre will be used to accommodate the Mirrabooka Multicultural Centre. The Mirrabooka Multicultural Centre will compliment the programs currently being presented at Herb Graham Recreation Centre and will offer an ideal opportunity to cease a gym operation which has been subject to vigorous local competition which includes the redevelopment of LeisurePark-Balga. However, if capital funding for the Mirrabooka Multicultural Centre cannot be secured, then an investigation will be undertaken to provide a service or programme that is recreationally suitable to the Herb Graham Recreation Centre.


157

10.4/RL5 PUBLIC OPEN SPACE EXERCISE EQUIPMENT POLICY

Report Information

Location: City Wide




Ward: City Wide

Suburb: Not Applicable Moved Councillor Proud, seconded Councillor Boothman


That Council ENDORSE the Draft Public Open Space Exercise Equipment Policy. The motion was put and declared CARRIED (6/1). For: Councillors Boothman, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Councillor Collins.

Recommendation

That Council ENDORSE the Draft Public Open Space Exercise Equipment Policy.

Report Purpose

To seek Council adoption of a policy that provides guidance on the provision of exercise equipment on the City's reserves.

Relevant Documents

Attachments: Attachment 1 - Public Open Space Exercise Equipment Policy. Attachment 2 - Images of Gym and Fitness Equipment. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The City supports the physical, social and mental wellbeing of its residents and provides a range of parks amenities for people of all ages to achieve these personal and community benefits. One new form of park amenity that achieves these benefits is outdoor exercise equipment. Outdoor exercise equipment encompasses gym, fitness and stretching equipment.


158

Outdoor gym equipment was first developed in China in the lead up to the Beijing Olympics. This type of park amenity is new to Australia and especially Western Australia. There are a few sites across WA such as Sir James Mitchell Park, South Perth; Perry Lakes and Somerley Estate, Clarkson that it has been installed on and it is expected that the number of sites will increase as there is raised community awareness. Gym equipment involves moving parts that utilise a person's body as resistance. The length of the parts, their height above the ground and the possibility for pinch/entrapment opportunities has lead to the current equipment being safe for use by people 13 years and older. The body resistance and cardio vascular work out possible from this equipment generally attracts more mature age users given that it focuses on offering a low impact form of exercise. Fitness equipment has been available for many years. This equipment involves a combination of static stretching and workout pieces with the work out pieces using a person's body weight as resistance such as bench for sit ups. The City already has fitness equipment located on the Scarborough Beach Foreshore. Stretching equipment is another form of park amenity and the City has been offered a unique opportunity to trial a new and modern form of this amenity. The City is currently in the process of trialling stretching equipment at Carine and Yokine Regional Open Spaces over a 12 month period. This equipment can be progressively developed with future stages allowing users to access a physical activity website to assist in achieving their personal goals. This equipment is termed "Calico" after its manufacturers name and this trial is at no capital, maintenance and replacement cost to the City. Only recently has gym equipment been installed at Jackadder Lake Reserve, Woodlands. In November 2008, a partnership opportunity arose between the City and Rotary Club of Scarborough. This partnership involved a 50/50 financial contribution towards the installation cost. It was determined that in light of the lack of information currently available on this form of equipment that it would be valuable in utilising this site as a pilot project. This pilot project would involve the collection of various pieces of information such as siting considerations, community attitudes, usage trends, operational considerations such as maintenance issues, consultation with other local governments and the latest industry statistics/trends on gym plus fitness and stretching equipment. Since the installation of the gym equipment at Jackadder Lake Reserve in June 2009 and increased community awareness through similar installations in reserves outside the City, Officers have received two (2) requests for the installation of gym equipment on an additional four (4) separate sites. Additionally, the Recreation and Leisure Services Business Unit is keen to be proactive in regards to keeping abreast of key community needs, trends and innovations and being able to respond in a timely manner. As such, it was determined that a policy is required to provide an immediate strategic direction in regards to the provision of exercise equipment on City reserves. Officers will then utilise the outcomes of the Jackadder Lake Reserve pilot to confirm and further refine the City's position in terms of locational, siting and design criteria and propose for Council consideration, City reserves that are able to adequately accommodate this type of equipment in the future through the development of a City Wide plan and supporting strategy document.

Comment

This policy provides strategic guidance on the provision of exercise equipment on City reserves and this will greatly assist Officers in promptly responding to requests.


159

There are a number of benefits attached to this equipment such as it:

• has no charge for use • assists in producing positive personal and community physical and mental well being

outcomes and • provides an opportunity for the community to socially interact

The high participation in aerobics/fitness and walking is anticipated to flow onto exercise equipment. Walking is first and aerobics/fitness is the second highest participated sport and physical recreation by adults in Australia. These two forms of sport/physical recreation have generally had high levels of participation in past years and this is anticipated to continue. Also with continued obesity and cardio vascular diseases concerns for Australian's and the need to combat this with physical activity this equipment provides a free option for residents. This equipment is able to be used by a majority of age categories (with the exception of 13 years and younger) and with the number of benefits possible, all residents should have reasonable access (a short drive or jog) to an adequate reserve with the equipment. This City wide distribution would then generally flow down to an equitable number of reserves within a ward that are able to physically accommodate the equipment. The high cost of this equipment leads to a need to ensure regular and high use and planning of this equipment in a financially responsible manner. The gym and fitness equipment has higher capital cost (approximately $30,000 to $40,000) in comparison to other publicly accessible park amenities such as plays spaces (starting at approximately $26,000) and BBQ's (starting at approximately $25,000). The anticipated safety inspection and replacement costs of this equipment is also anticipated to be higher, especially for gym equipment due to containing moving components and the possibility of removing these parts. Therefore the priority objective is the production of an equitably distanced network of exercise sites across the City. A key criteria is that each Ward contains a maximum of three (3) adequate reserves that contain existing or future gym, fitness or stretching sites. Adequate reserves are defined below. Location The recommended classifications of reserves to install this equipment on are Community, District and Regional Public Open Space (POS). These three classifications have medium to high levels of community use and therefore the cost of providing these pieces of equipment is well aligned with there potential usage level and can be justified. This equipment adds to the passive and organised physical activities that are already accommodated at district and regional POS. The equipment adds and can be linked with walking which is the most popular sport and physical recreation activity on reserves Community classified POS accommodates a sufficient level of community use and awareness to justify the cost. Also exercise equipment needs to be integrated with similar purpose amenities. This equipment accommodates the exercise needs of 13 years plus while play spaces accommodate the similar needs plus mental and social stimulation for people under the age of 13 years. It is understood that children's exercise equipment exists. This children's equipment would be better suited for specific physical activity programs for children and on high use children sites such as schools rather than public open space. Community, District and Regional POS generally contain sufficient lengths of paths to allow the dispersed option to be installed and produce additional health benefit to users. Large natural water bodies support sufficient lengths of paths to allow a loop formation and support a dispersed formation for this equipment. These paths also allow people to safely walk and run which produces an additional health benefit and the aesthetics of a natural water body further motive people to use the reserve and equipment. Local classified POS is not recommended for the installation of this type of equipment given that its primary role is to service the small scale recreational and leisure needs of the immediate area and as such the expected level of usage could not sustainably justify its provision.


160

Additionally, the majority of these parks do not have the required physical components required to support installation such as insufficient lengths of paths or desired residential setbacks and as such they will have a negative impact on surrounding residents views of the reserve due to their closer proximity in comparison to community, district and regional POS. Therefore exercise equipment will only be located on regional, district and community classified POS within each Ward. Siting There are a range of important site considerations that need to be integrated in a safe and cost effective manner as part of the installation of this equipment. The priority considerations are locating them away from service runs such as irrigation, water and electricity and play spaces where a child may assume that it is an extension of the "play environment." The secondary priority is to minimising blocking/reducing surrounding owners/occupiers views of the reserve. Generally the equipment is located near a path to allow users to walk and run between the equipment. Both forms of equipment can either be located in a dispersed or consolidated formation. Each formation has its pros/cons such as the dispersed allowing users to jog between pieces providing additional cardio vascular work out while consolidated allows for social interaction and enjoyment between users. On regional and district reserves that have sufficient space, stretching may be integrated with gym equipment. Officers will be developing a management practice to administer and manage the policy. This management practice will contain further detailed information in regards to ensuring the effective administration and management of the policy such as request procedures and communication with the community.


Owners/occupiers directly surrounding a selected community, district, regional POS will be informed of the site/s and the formation of the future equipment. In cases where a number of major resident concerns are expressed as a part of this information, Officers will consult with relevant Ward Councillors prior to deciding on the best response.


This policy has been developed in accordance with the City's Public Open Space (POS) Strategy, Local Government Property Local Law 2009 and Occupier's Liability Act 1985 There are a number of benefits associated with providing gym equipment however as this equipment is so new to Australia there are no current Australian Standards. Using information received from the manufacturer and concerns expressed by Eastern State's Local Governments a range of initiatives were implemented as a part of the Jackadder Lake Reserve installation to respond to these current non standards. A majority of these initiatives were inline with advice provided to the Eastern States Local Governments by a risk management company.


Generally a minimum of eight (8) pieces of gym and a minimum of fourteen (14) pieces of fitness equipment are required per site to produce an entire and even body work out of benefit to a user and provide diversity in exercises. The capital cost to provide eight (8) pieces of outdoor gym equipment on rubber soft fall in a dispersed formation on Jackadder Lake Reserve was $37,000 excluding GST.


161

The capital cost to provide fourteen (14) pieces of outdoor fitness and stretching equipment on rubber soft fall in a consolidated formation is estimated at approximately $40,000. The final cost of equipment can greatly fluctuate based on the material (sand, wood chips, softfall) used as the equipment base, similar equipment from different manufacturers, wetness and topography of the proposed sites. The annual inspection estimate for the gym equipment at Jackadder Lake Reserve is $8,600 and is conducted by in house staff. This is based on two site inspections per week which is initially needed, given that it is a new form of park amenity, contains moving parts and little information is known about potential maintenance issues. The annual inspection cost per reserve for fitness equipment is significantly less because of the decreased inspection frequency due to no moving parts. It is anticipated that due to the moving parts that there will be higher parts replacement costs. Generally gym and fitness equipment consist of a twelve (12) month warranty period and have an approximate expected lifecycle of seven (7) years. A key aspect to reducing the timeframe to install this equipment on adequate reserves will be the ability to obtain external funding such as through Community Sport and Recreation Fund (CSRFF) and financial partnerships opportunities with groups such as Rotary. Therefore requests attached to confirmed external funding on adequate reserves will be favourably considered.


The provision of exercise equipment is aligned with the following City of Stirling Strategic Plan 2009-2012 objectives: Objective 1.1 Encourage and promote a strong sense of place and identity Objective 1.4 Effectively consult, inform and engage with the community Objective 2.4 Ensure Council assets are developed and maintained to an appropriate

standard to meet community needs


162

ATTACHMENT TO ITEM 10.4/RL5 - PUBLIC OPEN SPACE EXERCISE EQUIPMENT POLICY Attachment 1 - Draft Public Open Space Exercise Equipment Policy


163


164

Attachment 2- Images of Outdoor Gym Equipment


165

Images of Fitness Equipment


166

10.4/RL6 PUBLIC OPEN SPACE BARBEQUE POLICY

Report Information





Ward: City Wide

Suburb: Not Applicable Moved Councillor Proud, seconded Councillor Boothman


That the amended Public Open Space Barbeque policy be ENDORSED by Council. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil. Recommendation

That the amended Public Open Space Barbeque policy be ENDORSED by Council. Report Purpose To provide information and to seek Council endorsement regarding the provision and management of barbeques throughout the City and to add further criteria consistent with the City's adopted Public Open Space Strategy. Relevant Documents Attachments: Current Barbeque policy (24 November 1998), Proposed Public Open Space

Barbeque policy. Available for viewing at the meeting: Nil. Tax sheet: Nil. Background The City currently has 33 barbeques across the City. These barbeques vary in design and are found in a range of different reserves with differing open space classifications. On 2 December 2008 Council endorsed the Public Open Space (POS) Strategy. This document provides guidance for the planning and management of public open space and associated amenities throughout the City.


167

During the development of the Public Open Space Strategy Implementation Plan it was highlighted that there was a need to provide a clear strategic direction in regards to provision and management for a range of public open space amenities. The City’s current Barbeque policy is very outdated (24 November 1998) and does not address modern leisure planning techniques, advances in amenity design and functionality nor current adopted Strategic documents such as the City's Public Open Space Strategy. Additionally, there have been significant advancements in terms of sustainable practices along with changes in community values and expectations which need to be considered and addressed. In July 2008 the Recreation and Leisure Service Business Unit became responsible for the strategic planning and management of public open space and there associated amenities, in liaison with the Parks and Reserves Business Unit. As part of the implementation of the Public Open Space (POS) Strategy, Recreation and Leisure Services identified a need to complete revisions and also the development, in many cases, of policies relating to public open space. These policies would, in time, support the key principles of the POS Strategy and provide a clear position in regards to the provision and management of a broad range of sporting, recreational and leisure amenities located on the City's reserves. Barbeques were identified as a priority as they are well utilised and valued by the community and the City continues to receive a number of requests concerning where and how they are provided. Comment – Amended Public Open Space Barbeque Policy The City seeks to develop and manage its extensive public open space network in an efficient and equitable manner so that all residents may enjoy its many benefits, whilst not placing an unsustainable burden on the City’s resources. The City recognises that barbeques are an important component of public open space as they provide opportunities for community interaction, socialisation and activation of the City’s public open space. It was recognised that there were a number of challenges that needed to be addressed regarding barbeques such as ageing amenities, new standards, community use and attitudes whilst also ensuring the provision of these amenities was provided in a sustainable manner using best practise principles and ensuring a good use of Council resources. The proposed policy has been developed to help manage our barbeques and provide for current and future community needs in a sustainable manner. The barbeque policy outlines the objectives, vital policy statements relating to barbeques and the major issues such as the classification of reserves that are conducive for barbeque provision. The associated management practice clearly articulates new parameters in terms of barbeque design relating to safe practice, management, and community comment. The policy proposes guidance in terms of the classifications of reserves that are well suited for barbeques. The community open space classification, as outlined in the POS Strategy, are open spaces that serve as the recreational and social focus for the community and they provide an area for the community to develop social capital, to form networks and build community relationships. These reserves attract residents of surrounding neighbourhoods to the open space due to the variety of facilities and opportunities to socialise and as such generally most users would stay for longer periods. In light of this, barbeques will be predominantly provided on community open space. District and regional open spaces also provide a variety of uses for the community and organised groups including organised sports, visual breaks in the urban environment, areas for passive recreation, exercising of dogs and informal recreational pursuits. They often include community focused areas for activities such as picnicking, social gathering and childrens play environments which would also accommodate the provision of barbeques, when deemed appropriate.


168

Public Open Space Barbeques are predominantly provided on open space where there is existing infrastructure that supports the provision of barbeques and extended periods of stay. Such amenities include toilet facilities, drink fountains, bench seats, footpaths and irrigation. A public open space barbeque management practice document has been developed to provide consistent and effective administration and management of the public open space barbeque policy and will be submitted to Executive once the policy has been endorsed. This document outlines basic design principles, management of pos barbeques, safety considerations and community comment. Consultation/Communication Implications Nil. Policy and Legislative Implications This report recommends the endorsement of an amended public open space barbeque policy to enable efficient and sustainable planning and management of barbeques across the City. Financial Implications There will be capital and operational costs associated with the amended policy. The average capital cost to provide a new barbeque complete with associated amenities such as path networks, services and lighting is approximately $25,000 and has an estimated asset life of 15 to 20 years depending on environmental conditions and the extent of vandalism/or damage. On average, most of the City's barbecues are cleaned at least twice a week during the winter season and 3 times a week during the peak summer period. Obviously, the coastal reserves and other reserves where there is a significant level of usage are cleaned more frequently, at least 6 days per week during the summer period. The average annual cost of maintaining a barbecue facility is approximately $3,000 per year. It is important to note that the provision of new barbeque amenities will also consider the City's current available human and financial resources and as such annual capital and operational budget requests will be submitted to Council for consideration which will outline financial support for new, upgrades or the replacement of existing barbeque. This proposed policy will enable the City to provide barbeques in an economically sustainable manner whilst ensuring the community has access and opportunities to utilise such amenities. Strategic Implications That the management of barbeques supports the City’s Strategic Plan (2009/2012) Goals and Objectives.

• Goal 2: To plan, develop, enhance and maintain a quality built and natural environment based on sustainability principles.

As well as the above, the City’s Strategic Plan outlines the commitment to sustainability.

• Principle Ten: Accountability, transparency and engagement.


169

ATTACHMENT TO ITEM 10.4/RL6 - PUBLIC OPEN SPACE BARBEQUE POLICY Attachment 1 - Current Barbeque policy (24 November 1998)


170

Attachment 2 - Proposed Public Open Space Barbeque policy


171


172

10.4/RL7 PUBLIC TOILET POLICY

Report Information

Location: City Wide




Ward: City Wide

Suburb: Not Applicable Moved Councillor Sebrechts, seconded Councillor Boothman


That Council ENDORSE the proposed Public Toilet Policy. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

That Council ENDORSE the proposed Public Toilet Policy.

Report Purpose

To provide information to Council in relation to a range of issues regarding the provision and management of public toilets throughout the City; and to seek Council approval of the Public Toilet Policy and the development of a supporting Strategy.

Relevant Documents

Attachments: Public Toilet Policy. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Approximately eighty (80) public toilets are located on reserves throughout the City. Public toilet facilities support a range of informal and organised outdoor activities that a large proportion of residents participate in. Projected participation in some of these activities such as walking, cycling, picnicking, is anticipated to increase and will therefore place additional pressure on adequate provision in the future.


173

On 2 December 2008, Council endorsed the Public Open Space (POS) Strategy. This document provides guidance for the planning and management of public open space and associated amenities throughout the City, including public toilets. A number of different management arrangements currently exist. Public toilets throughout the City are used exclusively by sports clubs, are permanently open, or are automatically accessed controlled (auto locks) with day time only use available. A small number of public toilet buildings are permanently locked and only used for special events and seasonal functions. A number of issues arise from having public toilets permanently open resulting in social and financial costs to the City. Many public toilets are old and are not of contemporary design, do not meet CPTED (Crime Prevention Through Environmental Design) principles and are constant targets for vandalism, fouling and damage to facilities, use as a night shelter and other anti social behaviour. The City has a responsibility, under the Occupiers Liability Act 1995, to ensure that public open space owned or managed by the City is safe for the community to utilise. Currently there is no policy. In this regard there is a need to develop a policy to ensure that public toilet amenities meet the needs of the community and address relevant sustainability principles and operational issues. This will enable the development of a long term strategy for public toilets that will provide a framework to the provision and management of public toilets throughout the City.

Comment

The Public Open Space (POS) Strategy identifies a hierarchy of public open space reserves throughout the City. The 7 classification levels include:

• Local Open Space • Community Open Space • District Open Space • Regional Open Space • Natural Conservation Areas • Special Purpose Open Space • Residual Land

The POS Strategy lists public toilet amenities as a core facility at reserves classified as Community, District and Regional Open Space. Visitors travel greater distances to visit these reserves and stay longer enjoying a range of facilities. As opposed to smaller, local reserves where it is expected that users will return home to use the toilet. In recent years there have been increasing community expectations in regards to public toilet facilities such as cleanliness, safety, security and access. Additionally there is a need to ensure that the location of these amenities is adequate and that they support the level of use. As such, there needs to be a coordinated and strategic approach to ensure the sustainable allocation of physical and financial resources that meet broad community needs. To address some of the antisocial issues associated with the toilet facilities that are permanently open, the City has recently installed autolocks on public toilet buildings at 5 locations throughout the City. This includes Macaulay Park (Inglewood), Yokine Regional Open Space, Copley Park (Mt Lawley), Carine Regional Open Space, and Jackadder Lake Reserve (Woodlands). Federal government funding is available and has been allocated for another 4 locations in 2009/2010. The mechanism allows for the doors to automatically lock and open at times set by the City, which is currently 6am (open) - 9pm (lock). Public access to the toilets is not available over night. The benefits of the autolock mechanism include:


174

• Enabling predetermined times for locking and opening without requiring City staff to visit

each facility unnecessarily; • Reduced costs for security night checks; • Eliminates the use of toilet facilities as night shelters; • Reduces vandalism, damage and general antisocial behaviour. • Improved cleanliness and facility presentation

As there is a cost implication of having the autolocks (approximately $5000 to install), a staged process is proposed to eventually ensure all toilets open for "day access only" will have autolock mechanisms installed. Although there is an initial installation cost, the cleanliness and presentation of the facility will improve as access to it is limited. Consequently, the cost for maintenance resulting from damage, and security night checks is also reduced. The policy proposes 3 management options based on the size, type and level of use of a reserve for public toilets. The options are as follows: 1. Day Access Only This will limit access to public toilet facilities predominately for day time use. Therefore, it will be applied to those reserves that cater for general community day use situated in long stay reserves such as those with barbeques and picnic facilities or highly active sporting reserves and coastal areas that are not club managed or permanently open. It is proposed to install autolock mechanisms to all public toilet facilities designated to "Day Access Only" throughout the City. As there are significant costs to install the autolocks, it will be a staged process. Existing facilities that have autolock mechanisms are open at 6am and closed at 9pm and it is recommended to apply these access times to all facilities with autolocks. 2. Club Managed This will apply to any public toilet facility located on an active reserve that primarily services sports clubs using the reserve at specific times during the week. It is proposed to extend the club licence of the prime user of the facility to include the public toilet. Management, cleaning and maintenance of the toilet will then become the responsibility of that club. The Club can open and close the toilets to suit their use and make it available to other users as required. This may have financial implications for the club and therefore requires consultation with each affected club. 3. Extended Day Use This will apply to a limited number of public toilet facilities where usage is high during irregular hours. Facilities located on coastal reserves are most likely to have this type of use and are therefore recommended as suitable locations. Autolock mechanisms will be installed where possible, with extended opening hours from normal "Day Access Only". Toilets that cannot be autolocked will remain open permanently. The aim of the policy is to reduce vandalism, antisocial behaviour and associated maintenance costs of public toilets. Therefore, the number of permanently open public toilets should be limited. Examples include Brighton Beach Reserve and Hamersley Pool, which are both located along the coast. Other considerations A small number of toilets on special event reserves such as showgrounds and locations used for major seasonal events currently remain locked. They are opened on weekends or for the specific time required by events each year. It is recommended that this remains the practice for public toilets located on these reserves.


175

A number of public toilets have been demolished. The development of a public toilet strategy will further rationalise the use of public toilets and recommend demolition if there is no justified need for its use. The provision of new public toilets will be influenced by the provision standards identified in the POS Strategy and are based on size, function and amount of use of the space. A list of facility standards is identified in the POS Strategy for each reserve classification and prioritises provision of new public toilets to public open space identified as Community, District or Regional. Design of new facilities should incorporate CPTED principles which increase visibility, encourage passive surveillance; provide predictable routes and entrapment locations. A range of new innovative designs, such as automated public toilets, will be considered where appropriate. This Policy seeks to outline a framework that guides the provision and management of public toilet facilities throughout the City. A management practice document will be developed along with a long term public toilet strategy. The Strategy will address future management of public toilets and ensure the sustainable allocation of physical and financial resources that accommodates community need over the next 20 years.


It is estimated that 30 clubs will be impacted by the proposed management options. The clubs will need to be consulted to ensure they are fully aware of the proposed changes, the benefits to them and financial impact to them. Signage will be used to notify casual users of any changes to opening and closing times. Appropriate notification or consultation will be undertaken with relevant stakeholders in relation to the installation, refurbishment, closure or removal of public toilets.


This report recommends the endorsement of a new public toilet policy. Under the Occupiers Liability Act 1995, the person occupying or having control of the premises (which includes land) has a duty of care towards the people who come onto the premises. The City of Stirling, as a Local Government Authority is deemed to be "occupiers" of reserves and its associated amenities and therefore owes a duty of care under the Act. The City of Stirling Local Government Property Local Law 2009 identifies specified gender use entry to public toilets and changerooms and therefore requires consideration in the development of the Public Toilet Policy.


There will be capital and operational costs associated with the implementation of the Public Toilet Strategy. Annual capital and operational budget requests will be submitted to Council for consideration. The new public toilet strategy, once developed, will incorporate an implementation plan outlining all financial implications associated with the maintenance, staged installation of autolock mechanisms and provision of new public toilet facilities. This will incorporate any cost savings as a result of reduced maintenance operating costs and available grant funding for capital expenditure.


176

Although installation of autolock mechanisms is estimated at $5000 per site, prices may fluctuate with site specific issues. The City has Federal government funding for 9 locations and anticipates further grant funding to assist in future installations.


The public toilet policy supports the provision principles outlined in the Public Open Space Strategy. The public toilet policy addresses the City’s Strategic Plan (2009/2012) Goals and Objectives:

• Goal 1 of the Strategic Plan: to create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of the local and wider communities.

• Goal 2 of the Strategic Plan: to plan, develop, enhance and maintain a quality built and natural environment based on sustainability principles.


177

ATTACHMENT TO ITEM 10.4/RL7 - PUBLIC TOILET POLICY


178


179


180

10.4/PR1 KANGAROO POPULATION SURVEY - BUSHLAND COTTONWOOD CRESCENT DIANELLA

Report Information

Location: Cottonwood Crescent Bushland, Dianella


Reporting Officer: Manager Parks and Reserves

Business Unit: Parks and Reserves

Ward: Inglewood

Suburb: Dianella Moved Councillor Proud, seconded Councillor Furlong


1. That Council RECEIVE the report of Bamford Consulting Ecologists of July 2009 on the status of the kangaroo population in Cottonwood Crescent Bushland and nearby bushland on media owned lands and adjacent reserves.

2. That a management plan be DEVELOPED in conjunction with the Friends of Dianella Bushland, for the management of the kangaroo population in accordance with the consultants report.

The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Rose and Stewart. Against: Nil.

Recommendation

1. That Council RECEIVE the report of Bamford Consulting Ecologists of July 2009 on the status of the kangaroo population in Cottonwood Crescent Bushland and nearby bushland on media owned lands and adjacent reserves.

2. That a management plan be DEVELOPED in conjunction with the Friends of Dianella Bushland, for the management of the kangaroo population in accordance with the consultants report.

Report Purpose

To present Council with a status report of the kangaroo population of Cottonwood Crescent Bushland and neighbouring bushland and the implications for population management.


181

Relevant Documents

Attachments: Consultants report – The Status of the Western Grey Kangaroo (Macropus fuliginosus) in the Cottonwood Crescent Bushland and adjacent areas in Dianella, Western Australia – July 2009

Available for viewing at the meeting: Nil. Tax sheet: 25.64, 25.65, 26.64, 26.64

Background

Reference is made to Council’s previous deliberation on this matter with the following resolutions ensuing from its meeting of the 5 August 2008: "1. That Council NOTES the officer’s report in relation to the Kangaroo Population at the

Cottonwood Crescent Bushland. 2. That Council NOTES that the field data gathered by Coffey Environments Pty Ltd identified

31 kangaroos (not 50 as mentioned in the officer's report) in February 2008 within the areas habituated by the kangaroos.

3. That Council NOTES a walking tour led by the Friends of Dianella Bushland in bushland areas habituated by kangaroos in and around the Cottonwood Crescent Reserve on 26 July 2008 which was attended by six Councillors, the Director Infrastructure, the Manager Parks and Reserves and a Senior Environmental and Conservation officer from the City.

4. That Council NOTES the kangaroos utilise the following areas for their habitat:- the Cottonwood Crescent Bushland Reserve, the Channel 7 and 9 bushland, the ex Channel 9 bushland, the Eastland Molloy Reserve, the Mirrabooka High School bushland and the road reserves of Gay Street, Withnell Street, Hayes Ave (abutting Eastland Molloy Reserve) and the access roads and verges to Channel 7 and 9.

5. That Council FORMS THE OPINION that the current population of kangaroos at the Cottonwood Crescent Bushland is sustainable at the present time but requires careful monitoring.

6. That a further, more detailed, report on this issue be PRESENTED to the Infrastructure and Community Development Committee within 9 months to include accurate data on the number and sex of the kangaroos, advice on management practices adopted in the area over the last thirty years in sustaining the kangaroo population and recommendations for the kangaroo's future sustainability in the area.

7. That Coffey Environments Pty Ltd NO LONGER BE ENGAGED as a consultant, acknowledging they were commissioned earlier this year to undertake a flora survey of the ex-Channel 9 bushland for its owners and that the City ENGAGE alternative consultants as required.

8. That Council NOTES the ex-Channel 9 bushland is also a habitat for the endangered Carnaby's Black Cockatoo with three birds witnessed by Councillors on a walking tour of the area on 26 July 2008.

9. That in order to maintain the sustainability of the kangaroo population in this area and to protect the habitat of the endangered Carnaby's Black Cockatoo, the City LOBBY the State Government for the inclusion of the ex-Channel 9 bushland into their bush forever plan; and that options for the acquisition of this land, including partnerships with Federal and State Governments be REPORTED to the Infrastructure and Community Development Committee within 4 months."


182

Comment

In accordance to Council resolution 6 above, an alternative consultant viz. MJ and AR Bamford Consulting Ecologists were commissioned to undertake a repeat survey of the kangaroo population inhabiting Cottonwood Crescent Bushland Reserve and adjacent bushland within lands owned by TVW Channel 7, Channel 9/ WIN and Mirvac and on Eastland Molloy Reserve. The consultant was briefed to assess and report on the following: • Determine the number of kangaroos in the area; • Comment on the general health of the kangaroos; • Discuss the viability of the population and carrying capacity of the site; and • Consider options of management of the population. Survey Method The surveys were conducted late in the afternoon of 1 July 2009 from 3.20pm to 5.30pm and late in the afternoon of the 6 July 2009 from 3.45pm to 5.45pm. On each occasion the following areas were visited: bushland of Cottonwood Crescent Reserve and lawn areas adjacent to TVW Channel 7 and Channel 9 / WIN television stations; areas along Gay and Withnell Streets, including bushland enclosed within fencing behind Channel 9 and between Hayes Avenue, Withnell Street, Gay Street and Dianella Drive (some of which is owned by Mirvac); and bushland and lawns of Eastland Molloy Reserve. Peripheral areas as well as internal tracks in Cottonwood Crescent Reserve were walked on each occasion. Mirrabooka Primary School oval to the north-west of the reserve was also visited. Perimeter and internal tracks in the Channel 9/ WIN / Mirvac bushland were walked on both surveys as were the grassed and bushland areas of Eastland Molloy Reserve. When a group of kangaroos was sighted, they were approached quietly so that the animals could be observed and counted with as little disturbance as possible. Throughout the survey, notes on kangaroos were made continuously so that an understanding could be developed of where kangaroos were present and where they moved. This minimized the chances of overestimating the population by counting animals more than once in a survey. Population Size A minimum of 19 kangaroos was present in the project area at the time of the July 2009 surveys. This count may not represent the total numbers as there may have been some animals sitting quietly within Cottonwood Crescent Reserve, or in the bushland of Channel 9 / WIN and Mirvac. The consultants indicate that from previous experience with urban kangaroos, especially those that have become familiar to human presence, it has been found that the majority of a population is likely to be found on the bushland/ lawn interface throughout the day, particularly in the late afternoon. The estimate of nineteen (19) animals is remarkably close to a previous count of 18 recorded by the same consultants (Bamford Consulting Ecologists) in July 2008. It also suggests that the population has not increased in the last year, but has maintained itself at more or less the same level. Bamford Consulting Ecologists conclude that there is nothing to validate the estimate of 50 or more kangaroos as provided by the Coffey Environments survey of the 31 January 2008. They however concur with the Coffey Environments survey that the kangaroos appeared to be freely moving between the two main areas of bushland (Cottonwood Crescent Reserve and the Channel 9 / WIN bushland) and that this was also observed in July 2009. Enabling such movement to continue would be an important part of managing the population. Fencing of the animals to restrict their access from the road verges would severely reduce their access to feeding on the lawn areas which are already barely adequate for the number of animals present.


183

Western Grey Kangaroos tend to form single sex groups except in the breeding season in spring and early summer. Observations made in July 2009 were consistent with this, with the largest aggregations of animals all being does, and a single possible buck seen in loose association with one or two does Health of the Kangaroos Coffey Environments (2008) noted that the kangaroos seen on the 31 January 2008 were in poor condition. Bamford Consulting Ecologists indicate that to some extent this is to be expected towards the end of summer, although it may also reflect poor nutrition and overcrowding. From Bamford Consulting Ecologists own survey of July 2008, the animals appeared to be in fair condition although some of them were a little lean. In their recent survey of July 2009, the animals were in good condition except for two does which were a little thin. One of these appeared to be old which may have contributed to its condition. The presence of large joeys and females with pouch young indicates successful breeding and recruitment, although it was interesting that many of the females appeared not to be carrying pouch young. Female Western Grey Kangaroos can produce one young per year, but it would seem that the females in the study area are reproducing at a lower rate than this. That they are breeding suggests the kangaroos are in a reasonable state of health, but the presence of females without young suggests that they may not be breeding as frequently as possible, and the condition of some of the animals, suggests that they may be subject to some stress over summer when resources are scarce. Carrying Capacity of the Study Area Bamford Consulting Ecologists quote other research that has estimated the pre-European density of kangaroos in forest and woodlands of the South-West as being 0.86 animals per 100 hectares. With a total area of <20 hectares (Cottonwood Crescent Bushland plus bushland in TWV Channel 7, Channel 9/ WIN, Mirvac and Eastland Molloy Reserve) the study area is too small to support any kangaroos at that density. However, the natural density is not applicable to a situation where the kangaroos are supplied with irrigated lawn as feed throughout the year, and it is likely that kangaroos have survived in the study area only because of these resources. Without lawn and water, the kangaroos would probably badly degrade the bushland before either starving or emigrating in search of new food sources. At present the bushland areas are in good condition with little evidence of trampling or overgrazing. The kangaroos may even be selectively grazing grassy weeds to the benefit of the bushland. The lawn available to the kangaroos is vital to their persistence at the site. This lawn includes the road verges of Joy, Gay and Withnell Streets and Hayes Avenue, lawn around Channel 9 /WIN television station (especially around the carpark), and lawn on either side of Joy Street adjacent to TVW Channel 7 television station. Internal lawns of the television stations, such as those around the TVW Channel 7 heli-pad, are fenced off for security purposes and are not accessible to the kangaroos. Eastland Molloy Reserve is also grazed by kangaroos and is currently accessed through an opening in the fence from the Channel 9 / WIN / Mirvac bushland. If this access is not maintained, the animals would have to travel several hundred metres along Withnell Street and Hayes Avenue to graze the area. The total area of lawn available is uncertain but has been estimated as <5ha. Some of this is reticulated but much of it is not and therefore provides grazing mainly in winter and spring. Viability of the Population The consultants conclude that theoretically, the population is too small to be viable in the long term. That is to say that within several generations, inbreeding may affect the health of the animals. However, this is not a wild population.


184

The animals are docile, virtually tame, and the genetic composition of the population could be supplemented through the occasional introduction of un-related animals. For example, wildlife carers often have surplus animals that need to be released somewhere. Hand-raised animals from carers tend to be quite tame however only females are recommended for release, as males could be aggressive and could become a safety issue if confronted by humans. Options for Management A population of 20 kangaroos could theoretically double in size every two years or so. From the July 2008 and July 2009 counts, however, it appears that the number of kangaroos has not increased. The results suggest that the population is already regulated to a great extent by emigration and fairly high mortality. Young males are possibly being forced out of the area as they mature, probably resulting in their death on nearby roads. Road-kill even within the project area may account for a few animals each year. In addition, occasional animal may be killed by dogs, as it does occur in some other urban populations of kangaroos. If emigration and mortality accounted for about 5-6 animals a year, a population of about 20 animals could well be more or less stable for some time. Included into this equation is the fact that kangaroos are short-lived (<10 years), meaning that there is already quite a high rate of natural mortality. If the preferred outcome is to retain kangaroos in the study area but ensure that the animals are healthy and of minimal inconvenience (and maximum benefit) to humans, then the following actions may be required: • Maintain the lawn areas available for foraging habitat. Banksia woodland is poor habitat for

kangaroos, and therefore the animals need access to a high quality source of food. The existing lawns fulfil that function. Supplementary feeding could be considered but could create the problem of kangaroos associating people with food.

• Maintain existing ecological linkages and movement corridors. The animals can currently

move between the Cottonwood Crescent Reserve and the bushland of TVW Channel 7, Channel 9/ WIN, Mirvac, Eastland Molloy Reserve and associated lawn areas. Such movement is important as it allows them to forage over a larger area. It also gives them buffering space from close human contact and from cohorts within the general population. Movement into the Channel 9 bushland is currently restricted to the television station entrance, but the animals are able to use this entrance. There is currently an opening in the fence between the Channel 9 / WIN / Mirvac bushland and Eastland Molloy Reserve. Kangaroo tracks were present at the site of the opening in the fence and it was clear that the animals were using this opening to access the grassed areas of Eastland Molloy Reserve for grazing then moving back into the Channel 9 / WIN / Mirvac bushland to shelter in the bush.

• Maintain out-crossing. Over some generations, the population may suffer from inbreeding.

This can be managed through the occasional release of semi-tame females as these are likely to settle into the social group readily. Males should not be introduced unless the population loses its resident males. Note that releasing a male would be the best way to increase genetic diversity in the population, but males can be unpredictable in a semi-captive situation. An alternative to maintaining a breeding population of kangaroos would be maintaining an all-female group (as at Heirisson Island). This removes some management problems but lacks the attractiveness of a population with joeys. Regular releases of semi-tame kangaroos (probably available from wildlife carers) would be needed to maintain such a population.


185

• Maintain the population at about 15-20 individuals. This may require the removal of some

animals from the population to supplement the mortality already taking place. Due to the rather public location and the tameness of the animals, tranquillising animals for removal is both possible (tame animals can be approached closely without causing stress) and preferable (rounding-up kangaroos to trap them, or shooting them, might not be acceptable to the community). Tranquillised animals could either be euthanized or taken for release at a wildlife park where semi-tame kangaroos may be valued. Surplus males (particularly older males that may be showing signs of aggression towards people) should be targeted for removal, but ensuring that the population retains at least one male.

• Consider contingent off-set areas. The playing fields of Mirrabooka Primary School and High

School to the west of Cottonwood Crescent Reserve are fenced off and this area does not seem to be being used by the kangaroos. No scats were observed on the playing fields or in the adjacent, unfenced bush (outside the reserve). A hole in the fence that was being used by the kangaroos in July 2008 has been repaired. This area (or a section of it) represents potential additional habitat for the kangaroos should access to other areas become restricted.


Members of the Friends of Dianella Bushlands, who already assist the City in the conservation of this reserve, will be advised of any future management measures regarding the kangaroo population including monitoring the breeding rate and health condition of the animals as recommended in the consultant’s report.


The kangaroo management measures proposed as per the consultant’s report are in keeping with the recommendations of the Cottonwood Crescent Bushland Management Plan of 1996 with respect to preserving the integrity of the bushland from over-grazing.


As per the consultant’s report, some removal/ relocation of animals may be have be considered in future to maintain the viability of the population although the cost implications of this have yet to be determined.


This population of kangaroos has always had a natural presence in the bushlands of Dianella area even before the bushlands in this district were cleared at various stages over the past 30 years for residential development. The plight of the current population is largely a result of inadequate land use planning through which a population that once had free ranging territory for feeding and shelter has now been ‘squeezed’ into nine hectares of bushland. It is vital therefore that management of this population of kangaroos be considered not just in terms of Cottonwood Crescent Bushland Reserve but also in terms of reserving other contiguous areas of bushland to reduce grazing pressure and to reduce the need for extensive culling and/ or relocation in future. It would be tragic in ecological terms to see this population disseminated because of declining habitat and food resources or declining viability because of a weakened gene pool. Given the future intent of both TVW Channel 7 and Channel 9/ WIN to relocate to the Perth CBD, it would be prudent to consider all media owned lands within this precinct collectively so that strategic acquisition and reservation of as much of the bushland from TVW Channel 7, Channel 9/ WIN, and Mirvac would be possible to perpetuate existing biological links and wildlife movement corridors.


186

In this regard, Council previously considered a report on the adoption of the ‘Media Zones Redevelopment Procedure Statement’ (23 June 2009 - Item 10.3/CP1) and resolved “That the Item … be HELD OVER to a Councillor workshop to allow further consideration”. The document is intended to provide guidance and direction to landowners, residents and Council regarding the potential for redevelopment of the area, with particular emphasis on:

• Sustainable Environmental Management; • Community Acceptance and Ownership; and • Urban Design Liveability.

The workshop has been scheduled for the 31 August 2009.


187

ATTACHMENT TO ITEM 10.4/PR1 - KANGAROO POPULATION MANAGEMENT - COTTONWOOD CRESCENT BUSHLAND, DIANELLA


188


189


190


191


192


193


194


195


196


197


198


199


200


201


202

10.4/PR2 DRAFT COASTAL FORESHORE ACTION PLAN - PART 2

Report Information

Location: Coastal Foreshore from Trigg Point to Peasholm Street




Ward: Coastal

Suburb: Scarborough and Trigg Moved Councillor Stewart, seconded Councillor Boothman


That the item relating to the Draft Coastal Foreshore Action Plan - Part 2 be HELD OVER to the Infrastructure and Community Development Committee meeting to be held 15 September 2009 to allow further consideration by Councillors. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

1. That Council RECEIVE the draft Coastal Foreshore Action Plan Part 2 (Trigg Point to Peasholm Street) and ENDORSE its release for stakeholder and general public comment.

2. That as stakeholder comment, this Action Plan BE REFERRED to the Task Group currently involved in the review of the SEAS Master Plan.

Report Purpose

To seek Council endorsement of the draft Coastal Foreshore Action Plan Part 2 for stakeholder and general public comment prior to Council adoption.

Relevant Documents

Attachments: Coastal Foreshore Action Plan - Trigg Island to Peasholm Street - Draft Report May 2009 (Circulated separately to Councillors).



203

Background

Council in December 2007 adopted Coastal Foreshore Action Plan Part 1 (Trigg Point to Watermans Bay) which was developed in collaboration with the University of Western Australia’s Institute for Regional Development. Council at the same juncture resolved that the City proceed with the development of a similar Action Plan for the remaining coastal foreshore from Trigg Point southwards to Peasholm Street. In hierarchal terms, Action Plans reside below the City’s Coastal Planning Strategy (Coastal Report of 1984 and Review of the Coastal Report 1996). The objective of Action Plans is to provided detailed assessments of the status of conservation sites around the principle activity nodes and the linking areas along the coastal foreshore. Quite importantly Action Plans identify site specific actions needed to improve the sustainability of coastal dunes and beaches as well as ease public access without undue impacts on sensitive coastal systems. The idea of site specific Action Plan was actually conceived from the 1996 Review of the Coastal Report. It was then recognised that whilst the Coastal Report (or Coastal Planning Strategy) 1984 provides, to some extent, a detailed analysis of individual beach and coastal locations and formulates general strategies it was not within its scope to provide site-specific Action Plans for each beach location or coastal management node (viz. Peasholm Street Dog Beach, Brighton Beach, Scarborough Beach, South Trigg Beach, Trigg Beach, Bennions Beach, Mettams Pool, Hamersley Pool, North Beach and Watermans Beach). In more recent times there has been the even greater need for site specific Action Plans particularly in terms of the conservation of all coastal landform viz. beaches, dunes and other coastal natural areas. Although the Coastal Report of 1984 does not quite address this aspect, it nevertheless adopts the appropriate policy framework and overall strategy thrust for the development of such site specific Action Plans. Whilst Coastal Foreshore Action Plan Part 1 considered all management nodes from Trigg Point northwards to Watermans Bay, Coastal Foreshore Action Plan Part 2, which is now presented in draft, considers all management nodes from Trigg point northwards to the Peasholm Street Dog Beach and includes the following: Peasholm Street Dog Beach, Brighton Beach, Scarborough Beach, South Trigg Beach and Trigg Beach.

Comment

The following is an extract from the Executive Summary of the Action Plan Part 2. This Action Plan provides a detailed analysis for the coastal area within the City of Stirling from Trigg Point to Peasholm Street. Together with its companion Action Plan Part 1 for the area from Trigg Point to Watermans Bay, the recommendations contained within this document are intended to enable the City to implement policies which facilitate sustainable management of the coastal resource within the current planning framework. The first part of this Action Plan presents a contextual overview of the physical and human characteristics of the foreshore between Trigg Point and Peasholm Street (the foreshore in this context referring to all coastal areas reserved from the West Coast Drive to the ocean). Key recommendations are made with regard to the seven topics of planning, coastal geomorphology, sea level rise, biodiversity in terms of flora and fauna, marine environmental quality, heritage & population and recreational activities. Within these recommendations, the need for systematic monitoring of the natural environment, both from a physical and ecological standpoint, is paramount. Whilst projecting the impacts of sea level rise as an inherently uncertain process, increasingly refined approaches are enabling models to reflect local characteristics with a greater degree of sensitivity.


204

Nevertheless, there is a basic lack of data relating to physical processes of shoreline change, particularly in areas characterised by a high intensity of human activity. Such monitoring is a fundamental pre-requisite if future uses of the foreshore are to be sustainable, both economically and environmentally. This review also demonstrates the relative paucity of ecological data relating to the faunal communities of the foreshore and deficiencies in the monitoring of marine environmental quality. Given the levels of recreational and other human activity within the study area, a precautionary approach to management would prioritise the collection of these data in order to identify any adverse impacts associated with future planned or actual developments. Whilst population projections are inherently uncertain, it is apparent that future growth will be focused on the Scarborough area, which, coupled with planned increases in tourist accommodation, will inevitably lead to greater pressure on the coastal resource. This review also demonstrates that recreational beach usage continues to involve residents from a wide geographical range, together with a variety of demands and expectations associated with the coastal resource. Whilst this is reflected in the draft State Coastal Planning Strategy, the need for effective containment of the high intensity beach development envisaged in this Strategy will be essential if the environmental, aesthetic and recreational attributes of the surrounding area are to be maintained for all users. The second part of this Report provides detailed information and recommendations for action relating to erosion, access routes, biodiversity, signage and visitor infrastructure within each of the thirteen management nodes identified in the study area. Whilst the detail varies according to the conservation value and recreational pressure within each node, there are some action areas which transcend node boundaries. The condition of the foreshore dune ridge is of concern due to erosion, particularly in the southern management nodes, but also throughout the study area in proximity to beach access paths. There are stretches within the study area where a fence running along the base of the foreshore dune successfully prevents visitor access. It is recommended that priority be given to constructing similar fencing in the Trigg and Brighton Beach nodes to reflect visitor pressure on the dunes and also in the Peasholm Street nodes where the vegetated dunes are of high conservation value. The preference for some beach visitors to use the dunes in proximity to paths as vantage points or for recreational activities is noted as having detrimental impacts on the dune stability and vegetation throughout the study area. Most paths within the study area should have a minimum of 20m fencing either side at the beach exit in order to discourage this activity. Again, construction of this fencing should be accorded high priority. The condition of the fences along many of the beach access paths is frequently of poor quality in terms of preventing visitor access and there are numerous instances where no fencing is present. This is of prime importance in terms of maintaining the designated access paths and is fundamental to both limiting dune erosion and facilitating future dune rehabilitation and revegetation programmes. Similarly, past measures to encourage sand accumulation through the installation of sand trapping fences have been noted as being successful in many cases but there is a need for ongoing maintenance of these fences in many locations. The detailed survey of vegetation species throughout the study area highlights the increased diversity of native species south of Brighton Road, which further emphasises the need for visitor control measures as detailed above. However, throughout the study area, a high number of weed species were noted, often including those classified as both noxious and invasive.


205

The sources of these weeds are frequently grass verges on the landward side of the dunes as well as beach access paths, and a regular basic programme of herbicide treatment timed to coincide with spring growth is seen as essential to address this threat. With respect to signage, there is an overall recommendation that consideration be given as to how to rationalise the varying appearance and content of the range of signs, particularly those at the landward entrance of beach access paths, which frequently display duplicate or complicated information. This could include a greater emphasis on a welcoming aspect, rather than the current focus on activities which are not permitted. There is a general lack of visitor information focusing on the natural environment which should be addressed. The provision of visitor infrastructure in the form of showers, barbecues, changing rooms, car parks and kiosks is addressed throughout this Action Plan. There is a general requirement for more regular maintenance, particularly with regard to car parks and viewing areas, although the need for additional facilities is not frequently noted as important. There are exceptions to this, however, particularly with regard to the under-utilised grassed recreational space and playground area in the Brighton Beach node, as well as in the areas where alternative uses are proposed for the kiosk in the Trigg South node as part of the Trigg Master Plan. Additionally the Action Plan makes general comment on the implications of the draft State Coastal Planning, the Scarborough & Environs Areas Study (SEAS) and the draft Trigg Beach Master Plan on the study area.


It is intended that stakeholder comment will involve input from relevant State government departments and statutory authorities as well as the general public throughout the month of September and October 2009. Stakeholder and general public consultation is intended as part of refining the draft Action Plan document prior to re-submission for Council adoption. It is also recommended that this Action Plan be made available to the Task Group currently involved in the review of the SEAS Master Plan.


Formulation of this Action Plan is in keeping with Council policy for the development of reserve specific management plans and action plans for reserves classed as ‘Regional Reserve’ under the Metropolitan Region Scheme.


It is envisaged that all recommendations arising from this Action Plan will be reformatted into an Implementation Matrix to enable prioritisation and resource allocation and the implementation of recommended items over a series of budgetary programmes.


The Costal Foreshore Action Plan Part 2, when finally adopted, will provide a strategic link to key strategies of the City viz. the proposed review of the City’s Coastal Planning Strategy (Coastal Report 1984 and Review of the Coastal Report 1996), the proposed Natural Resource Management Strategy, the Draft Local Biodiversity Strategy and Green Plan 2.


206

10.4/PR3 DRAFT DIANELLA REGIONAL OPEN SPACE ENVIRONMENTAL MANAGEMENT PLAN

Report Information

Location: Dianella Regional Open space




Ward: Inglewood

Suburb: Dianella Moved Councillor Sebrechts, seconded Councillor Collins


That Council RECEIVE the draft Dianella Regional Open Space Environmental Management Plan and ENDORSE its release for stakeholder and general public comment. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

That Council RECEIVE the draft Dianella Regional Open Space Environmental Management Plan and ENDORSE its release for stakeholder and general public comment.

Report Purpose

To seek Council endorsement of the draft Dianella Regional Open Space Management Plan for stakeholder and general public comment prior to Council adoption.

Relevant Documents

Attachments: Final Draft from Consultant (Previously circulated to Councillors under separate cover).

Available for viewing at the meeting: Draft Dianella Regional Open Space Management Plan. Tax sheet: Nil.


207

Background

In 2008 the City adopted a Master Plan and support strategy document for the Dianella Regional Open Space. Whilst the Master Plan serves as a broad vision of future intents with regard to the recreational and environmental aspects of this reserve it is not meant to provide any detailed resolution of issues and strategies for management. This is traditionally the domain of a Management Plan, which is now presented in draft form. As Dianella Regional Open Space is classed as a ‘Regional Reserve’ under the Metropolitan Region Scheme and also listed as a ‘Bush Forever’ site, the development of a fully instituted Management Plan is therefore obligatory. The overall objective of the Management Plan is to establish a sustainable balance between the conservation ideals and the recreational needs of this reserve. In this sense it is expected to ensure the protection, conservation and enhancement of ecologically sensitive areas as well as consider how public enjoyment and general recreational use can be optimised by improvements/ upgrading to existing facilities rather than jeopardising ecologically sensitive areas. In so doing, it is meant to embrace all guiding statements offered by the Master Plan and its support documentation. As per Councils’ approved budget programme for the commissioning of consultants, EDAW/ AECOM were engaged in February 2009 to undertake the preparation of the Management Plan. During the months of March to June 2009 the consultants proceeded with research into background information, site visits, flora and fauna surveys, formulation of an issues paper for City staff comment and the preparation of survey reports before finalising the draft Management Plan in late June 2009.

Comment

The draft Management Plan provides insight into the implications of addressing community needs and recreation trends whilst also highlighting the opportunity and constraints upon the site. The management plan also seeks to provide guidance for conservation, future development, infrastructure provision and associated parking and sports areas management. The draft Dianella Regional Open Space Management Plan is presented for Council endorsement for general stakeholder and community comment. In first instance stakeholder comment is to involve relevant Business Units and the Natural Environment Working Group and secondly, relevant State government authorities and the general public during September 2009. It is intended for a further report to be submitted together with an audit of submissions to the October 2009 meeting of the Infrastructure and Community Development Committee prior to Council adoption of the Management Plan. The following table is an extract from the draft Management Plan highlighting key management issues and recommendations. NOTE: the key management issues and recommendations are ranked on a priority scale of 1 to 5 (1 being least important and 5 being most important).


208

Prioritization of Key Management Issues and Recommendations

Management Issue Recommendation Ranking (1-5)

Controlling dieback in bushland areas

1. Maintain proper hygiene and ensure that dieback-affected areas do not infect others. Retain dead trees as indicators to educate public 2. Treat significant trees (mature habitat trees) with phosphite treatment 3. Restrict access to affected areas prevent spreading – fence off bushland areas and revegetate BMX and informal tracks

5

Consolidation of bushland areas

1. Remove weeds & rehabilitate bushland 2. Remove of non-local trees and replace progressively with local species 3. Rationalise and clearly delineate pedestrian paths / eliminate informal tracks 4. Provide wayfinding signage

5

Site water quality 1. Rehabilitate water courses & wetland areas 2. Progressively remove non-local vegetation 3. Reintroduce endemic planting

5

Difficult to grow lawn under eucalypts

1. Remove eucalypts in parkland areas as necessary to create defined areas of open space 2. Introduce groundcover planting/gravel/mulch beneath remaining stands of eucalypts

5

Rubbish dumping (fly dumping) in car parks and bush adjacent to car parks

1. Install entrance barriers to prevent night entry 2. Improve lighting 3. Prune understory vegetation selectively to make “view corridors” and improve visibility

5

Antisocial behaviour in car parks

As above 5

Vehicular access and traffic circulation

1. Introduce new entry road from Alexander Drive 2. Consider realignment of this road to prevent bushland fragmentation

4

Safety to playground - lack of passive surveillance

1. Relocate playground to improve its standard 2. Rehabilitate the former playground location

4

Insufficient parking for multiple sporting events

1. Convert under-utilised, decommissioned netball and tennis courts into a central consolidated car park area

4

Flooding of car park 1. Amend levels when new car park constructed 4 Encroachment of weeds* to bushland due to reticulation over-spraying.

1. Adjust irrigation system at bushland edges 2. Introduce hydrozones *African Lovegrass in particular

4

Rationalise bush/ turf/ path/ bollards interfaces

1. Replace narrow strips of grass along bush side of path with appropriate ground cover

4

Lack of suitable spectator viewing areas

1. Provide spectator viewing area with a suitable aspect for viewing sport

3

Acknowledge and preserve historic cultural sites

1. Install signage to bush trails and throughout park

3

Eastern tennis court (SE corner) has surface and drainage problems. Tree

1. Relocate eastern court to the west and redevelop courts for multipurpose use, including improved access, drainage and

3


209

roots cracking surface. lighting Graffiti to walls and signage 1. Utilise graffiti-repellent coatings on facilities 3 Access to universally accessible toilets restricted to sporting event times

1. Construct new, universally accessible toilets 2

Acid sulfate soil (p. 9) 1. Develop an acid sulfate soils management plan (ASSMP) and DEC-approved dewatering strategy prior to any excavations within wetland areas or drainage corridors

2

Groundwater levels (p. 10) 2. Conduct a program of monthly groundwater monitoring (year 1) followed by quarterly (annual) groundwater level monitoring to determine trends in the water table levels that may affect the dependent bushland above.

2

Groundwater quality (p. 11) 3. Conduct periodic (annual) groundwater quality monitoring to detect any changes in subsurface conditions that may affect the dependent bushland above.

2

Water Corporation drain (p.11)

4. Improve on existing ‘Living Stream’ environmental restoration of the open parts of the drain and investigate the feasibility of opening up further sections of this drain for Living Stream’ restoration.

1

Flooding (p. 11) 5. Upgrade the surface of the Light Street car park subjected to winter flooding.

2

Irrigation performance and Hydrozones (p. 12)

6. Review high-irrigation-rate Hydrozone areas directly adjacent to native bushland should be reviewed to ensure that overspray is not occurring into the bushland

2

Wetland ecology (p. 13) 7. Progressively restore wetland flora species as indicated by the Masterplan (CoS, 2008) to enhance the wetland’s biodiversity and improve the aquatic ecology of this degraded feature.

1

Signage – Aboriginal heritage (p. 14)

8. Introduce interpretive material and/or signage within the Reserve to celebrate the sites Aboriginal History.

1

Signage – wayfinding (p. 16)

9. Progressively replace outdated signs with “wayfinding” (map-based) and/ or interpretive material to celebrate the sites unique features and increase site legibility for users.

1

Vegetation reinstatement (p. 17)

10. Closed pathways within communities BmBaLOW and CcEmOW should be fenced and compacted and the ground ripped and rehabilitated with local endemic species

2

Declared Plants (p. 18) 11. Control Declared Plant Acacia longifolia subsp. longifolia as per recommendations in AECOM Flora and Vegetation Survey (Appendix III).

2

Reducing impact of clearing for new entry road (p. 18)

12a. Actively consult with DEC to assess DRF, Priority and Conservation Flora within the Alexander Drive Entry “Clearing Corridor” (incorporating a site visit during Spring) prior to vegetation clearing. 12b. Retain existing native flora species where possible, including isolated trees and shrubs, as

2


210

part of proposed clearing activities. 12c. Control dust, noise and vibration as far as is practicable during any construction activities.

(p. 18) Spring Flora 13. Conduct a Level 2 (EPA, 2004) Spring Flora and Vegetation Assessment in areas of remnant native vegetation to assess DRF and Priority Flora within the term of this plan 2009-14.

2

Dieback (p. 19) 14. Protect large areas of native flora not yet infected by Phytophthora cinnamomi by following the detailed hygiene requirements and other recommendations contained within the recent Glevan Report.

2

Native fauna (p. 19) 15. Conduct a Level 2 Assessment of Fauna to establish baseline fauna data to which future surveys can be compared to measure the success of fauna habitat management.

2

Native fauna (p. 19) 16. As a priority action, conduct a Level 2 Assessment of Fauna within the area of possible impact by the proposed road to ensure no fauna or fauna habitat is inadvertently destroyed (e.g. nesting or burrowing animals).

2

Fauna habitat (p. 20) 17. Retain mature trees that may provide nesting habitat for birds and small mammals.

2

Feral animals (p. 20) 18. Monitor for fox and rabbit activity and set baits or traps as necessary to effect control.

1


It is intended that stakeholder comment will involve input from relevant State government departments and statutory authorities as well as the general public throughout the month of September 2009. Stakeholder and general public consultation is intended as part of refining the draft Management Plan document prior to re-submission for Council adoption.


Formulation of this Management Plan is in keeping with Council policy for the development of reserve specific management plans for reserves classed as ‘Regional Reserve’ under the Metropolitan Region Scheme.


It is envisaged that all recommendations arising from this Management Plan will be reformatted into an Implementation Matrix to enable prioritisation and resource allocation and the implementation of recommended items over a series of budgetary programmes.


The Dianella Regional Open Space Management Plan, when finally adopted, will provide a strategic link to key strategies of the City viz. the Public Open Space Strategy, the proposed Natural Resource Management Strategy, the Draft Local Biodiversity Strategy and Green Plan 2.


211

10.4/PR4 IMPLICATIONS OF CEASING TO PLANT BOX TREES AS STREET TREES WITHIN THE CITY OF STIRLING

This item was LOST at Committee and therefore there is no Committee recommendation.

Report Information

Location: City Wide




Ward: City Wide

Suburb: City Wide









Moved Councillor Furlong, seconded Councillor Stewart

1. That the Street Tree Management Plan (1990) be revised in accordance with the Strategic Initiative 2.1.3.

2. That the Street Tree Management Plan ADDRESS all of the implications of phasing out the planting of Box Trees including maintaining the consistency of existing streetscapes and the heritage characteristics of specific districts

3. That Council ENDORSE the adoption of a recognised “Tree Evaluation System” that will allow the accurate calculation of the actual worth/value of any and all trees.


212

4. That an amount of $40,000 be LISTED for consideration on the February Budget Review. Discussion ensued. Procedural Motion Moved Councillor Proud That the item relating to Implications of Ceasing to Plant Box Trees as Street Trees within the City of Stirling be HELD OVER to the Council meeting to be held 1 September 2009 to allow further consideration by Councillors. The motion LAPSED for want of a seconder. Moved Councillor Furlong, seconded Councillor Stewart




4. That an amount of $40,000 be LISTED for consideration on the February Budget Review. The motion was put and declared LOST (0/7). For: Nil. Against: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart.

Recommendation




4. That an amount of $40,000 be LISTED for consideration on the February Budget Review.


213

Report Purpose

To respond to the two separate Notices Of Motion raised by Councillors over an eighteen month period from February 2008 to June 2009 that relate to the “Phasing Out/Ceasing to plant Queensland Box Trees” within the City.

Relevant Documents

Attachments

Independent Arboricultural report from Zana O’Doherty

Available for viewing at the meeting

Nil.

Background

At the Council Meeting of 5 February 2008 (Item 14.2) a Notice Of Motion was put by Councillor Michael, which read as follows:

“That the City phase out the planting of Queensland Box Trees.” At the Council Meeting of 23 June 2009 (Item 12.1) a Notice of Motion was put by Councillor Sebrechts which read as follows:

“That a report be presented to the August 2009 Infrastructure and Community Development Committee outlining the following;

1. Cost and implications of the City ceasing to plant “Box” Trees in the City of Stirling;

and 2. Decisions of Council or compelling reasons why Council would consider an

exemption to this blanket ban.”

Comment

The City of Stirling recognises the value of trees generally in the urban environment and is committed to ensuring that they are given due consideration in the planning and design of the City’s streetscapes. To this end the City, through Council endorsed projects such as the Million Trees Initiative is committed to “greening” the urban environment and demonstrating leadership in sustainability, by both planting additional trees and retaining existing established mature street trees. The City is aware that, apart from environmental considerations, the predominant reasons for introducing trees into suburban streets is to provide shade and comfort for householders, pedestrians (and to a lesser extent motorists) and to increase the aesthetic appeal of the City of Stirling. To further demonstrate this “greening” commitment, the following are examples of strategic documents which guide decision and contribute to sustainability outcomes by the City for the community. These include:


214

• Sustainable City Agenda; • Strategic Plan 2009-2012; • Public Open Space Strategy; • Green Plan 2 (Urban Bushland Conservation Strategy); • Local Biodiversity Strategy; • Local Greenhouse Action Plan; • Integrated Water Cycle Strategy (incorporating Groundwater Conservation, Stormwater

Management and Wastewater Reuse). Street Tree Selection The urban “street” environment is highly modified and particularly hostile for the establishment of healthy trees due to the following factors. • Wind tunnelling. • Temperature (radiated heat and glare from roadway tarmac / footpaths). • Constant shade from buildings. • Humidity. • Compaction over root systems from paved services. • Atmospheric pollution (fumes from vehicles). • Physical damage from vehicles (branches/canopies). • Vandalism. To find a tree that is tolerant of and adaptable to the urban environment and that can withstand all of the above described conditions is extremely difficult. All tree species have their good and bad points, but in essence, all trees are subject to: • Leaf fall; • Fruit and flower fall; • Creating shade. Over the years, many trees have been tried and in most cases, success has been extremely limited. One of the success stories, not only within the City of Stirling, but in most other Western Australian urban Councils, has been the Box Tree (Queensland Brush Box – Lophostemon confertus). As a fact and point of interest, there are an estimated 100,000 Box Trees growing as street trees within urban councils throughout the state of Western Australia. The Box Tree is one of the few trees that can tolerate most of the above environmental conditions and one of the few that responds well to pruning, hence the high number still remaining as the dominant street tree within urban councils. Indigenous versus Exotic Trees The value of planting local indigenous tree species is recognised. However, in the urban context, local species often fall short in many of the functional and environmental criteria listed as follows:


215

• High performance record (consistent performance); • Litter (leaf, fruit, etc) at acceptable levels; • Low risk of major limb failure (structural stability); • Longevity (long lived); • Minimal root disturbance (to footpaths, roads and kerbing); • Low maintenance requirements (watering, fertilising and pruning). Tree species selection should always be based on what is the most appropriate in a particular context, given environmental, cultural and functional considerations and, for this reason, exotic trees may be chosen over indigenous. In recent years, the number of Box Trees planted varies but is less than 10% of the total number of street trees planted annually. Box Trees are only planted in streets where they are currently the dominant and established specimen. Since 2007, 251 Box Trees have been planted across the City. Street Tree Planting Street tree planting is currently undertaken: 1. Where trees have either been lost through mortality, vandalism and/or development. 2. Where new suburbs have been created. 3. Where public utilities such as gas, water mains are installed/replaced or road

widening/resurfacing occurs. In the case of new development the species planted has varied considerably with both evergreen and deciduous trees used. The success rate to date has varied and only time will give evidence to success or otherwise. In established suburbs the current Street Tree Policy states that where a dominant species exists in a street then that species is to be used as a replacement. It is in these instances where some replanting of Box Trees has taken place. It is proposed to continue with this practice until the Street Tree Management Plan can be revised. Street Tree Management Plan It is proposed that the City's Street Tree Management Plan (1990) be reviewed and revised to ensure consistency of streetscapes, in the event that street trees (Box Trees) are removed and replaced with another species. That heritage characteristics of specific locations are recognised, and that the "Helliwell" tree evaluation system is used as a means of calculation the value of street trees. The Management Plan will also provide a basis for the development of specific Street Tree Master Plans. A Management Plan - is a document that details site specific management actions by provision of the following: background research, site surveys/ condition assessments of present situation, identification of issues, opportunities and constraints for resolution of issues, ensuing recommendations and an implementation matrix that provides indicative costs, prioritization, timelines, measurable indicators or deliverables and responsibility delegation. A Master Plan – is schematic document that summarises the key intents of the management plan - usually presented in map format or flow diagrams to indicate processes that should be followed to achieve deliverables.


216

The specific objectives of a Street Tree Management Plan incorporating Master Plans will be: • To identify opportunities to both retain and increase the number of street trees; • To ensure that the most suitable species are planted within particular streets of the City,

dependent on context and environmental factors; • To provide a strategy for the replacement of trees when and where necessary. A Street Tree Management Plan incorporating Master Plans is intended to serve as a guiding document for the City’s Parks and Reserves and other Business Units to ensure that selection and placement of street trees is undertaken in a considered, rigorous, yet practical manner. It will also ensure that there is a greater understanding and appreciation of the necessary and particular qualities that street trees and trees generally bring to the urban setting. To assist in understanding the suitability and extent of box tree planting in the City a project is nearing completion which is designed to: • Identify the number of box trees planted in the City, • To assess the condition of these trees in respect to structural integrity and likely residual life, • To identify those streets where the box tree is the dominant species. The suburbs of Mount Lawley and Menora were chosen given that the majority of box tree plantings are located in these suburbs. The consultants report is attached.


The issue of tree species is to be addressed within the revised Street Tree Master/Management Plan. It is recommended that the Natural Area Working Group examine this issue.


The City’s Street Tree Policy and Heritage Guidelines will require revision to reflect any and all changes to street tree varietal selection


The cost associated with the planting of Box Trees in comparison to other tree species is minimal. Future considerations in relation to replacement of Box Trees would be considerable, and best addressed as part of the review of the Street Tree Management Plan in order to quantify costs accurately.


Our Built and Natural Environment. Review of the Street Tree Management Plan (incorporating Master Plan) to meet the community’s expectations and needs.


217




Vegetation impact The cessation of plating Box Trees would over time change the appearance of streets due to reduction of species dominance.

SOCIAL

Issue Comment

Amenity If planting of Box Trees was ceased there would be a change in amenity. The potential impact would be over time and would need to be monitored.

Cultural and heritage value Many of the Box Trees are in the Mount Lawley/Menora suburbs and could be seen to have heritage value. This would need to be considered as part of the Street Tree Management Plan review.

ECONOMIC

Issue Comment

Business innovation The overall costs replacing the Box Trees at current planting levels is minimal.

Conclusion

The question of the planting of Box Trees has served to highlight the need to undertake a comprehensive review of the Street Tree Management Plan (including master concept plans). This is a major task and estimated to take at least six months to complete. It is proposed that: 1. A review of the existing Street Tree Management Plan (1990) be undertaken by in house

staff given the detailed knowledge and understanding of the issues to be considered.

It is recommended that this in-house position be backfilled for the required period. 2. That during this period of review, Box Trees continue to be planted only in areas and

streets where Box Trees are the existing dominant species and they will maintain consistency and heritage characteristics.

3. That the review project commence as soon as practicable and that funds to facilitate this be

sought from the February Budget Review or in the 2010/11 financial year.


218

ATTACHMENT TO ITEM 10.4/PR4 - IMPLICATIONS OF CEASING TO PLANT BOX TREES AS STREET TREES WITHIN THE CITY OF STIRLING


219


220


221


222

10.4/TE1 TENDER FOR THE SUPPLY AND DELIVERY OF VARIOUS LANDSCAPE SOIL MIXES, MULCHES AND POTTING MIX WITHIN THE CITY OF STIRLING

Report Information

Location: City Wide



Business Unit: Parks and Reserves Business Unit

Ward: City Wide Moved Councillor Sebrechts, seconded Councillor Boothman


1. That the tender from T.J Depiazzi and Sons, Ferguson Road Dardanup, for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling be ACCEPTED: a. at the tendered rates as detailed in Appendix A; and b. for an initial period of two (2) years commencing from date of signing the

agreement with an option to extend for a further one (1) year. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

1. That the tender from T.J Depiazzi and Sons, Ferguson Road Dardanup, for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling be ACCEPTED:

a. at the tendered rates as detailed in Appendix A; and

b. for an initial period of two (2) years commencing from date of signing the agreement with an option to extend for a further one (1) year.

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling for an initial period of two (2) years commencing from date of signing the agreement with an option to extend for a further one (1) year, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).


223

Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. (Circulated to Councillors under separate confidential cover).

Appendix B - Evaluation Matrix. Appendix C - Soil mulches and potting mixes comparison summary 2009

(Circulated to Councillors under separate confidential cover). Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Tenders were invited on 9 May 2009 for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling for an initial period of two (2) years commencing from date of signing the agreement with an option to extend for a further one (1) year Tender Schedule No 2.7.1.55.2008/09. Details

• Tenders were advertised inviting offers from the public on:

Saturday 9 May 2009

• Tenders closed: Thursday 28 May 2009

• Employees present were: Jasmine Martini and Chrissie Tan

• Number of tenders received: One (1) Contract

• Completion Date of Existing Contract: 31 July 2009 • Commencement Date of New Contract: 21 September 2009 • Completion Date of New Contract: 21 September 2011 (option to extend for a

further one (1) year. • Estimated Value of New Contract: $330,000. • Price Basis of New Contract: Fixed/Variable Schedule of Rates

Finance

The expenditure for the tender will be debited to the appropriate cost centre at the time an order is placed.

Tender Evaluation Panel

The tender evaluation panel comprised of:

• Sam Morrison - Manager Parks and Reserves • Bruce Reid - Landscape Architect Parks and Reserves; • Stephen O’Brien - Horticultural Supervisor and • Neil Parsons - Acting Design Engineer Roads.


224

Evaluation of Tenders The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the one (1) tender listed in Appendix A and to select a suitably qualified and experienced contractor for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling.

The one and only tender received was assessed as being alternative and evaluated in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

In order to obtain the broadest possible comparison base the tender was evaluated against the tender selection criteria and was in turn graded in the evaluation matrix (see Appendix B). To further assess the value of the T J Depiazzi and Sons tender the rates submitted were compared to previous tendered rates and current market prices for the scheduled items (see Appendix C).

As a result, the tender submitted by T J Depiazzi and Sons scored a rating with 390 points.

This is a reasonable score indicating the contractor has the skills, abilities and resources to deliver a good quality, reasonable value offer to the City.

Comment

The contract for the supply, delivery and/or spreading of sand and/or soil and various landscape mixes and mulches closed in July 2009. The supply of sand component of the contract was retendered and let in January 2009. The supply of gardens soils, landscape mixes and mulches was tendered separately, providing the opportunity to develop new tender documents with redrafted specifications, and a simplified schedule. This process has delayed the tendering of this contract beyond the close of the original sand supply contract.

T J Depiazzi and Sons, the sole and recommended tenderer, is generally known to the evaluation panel as having the capacity to provide the level of service described in the specification. T J Depiazzi and Sons have supplied bark mulch and potting mix to the City for over a year and has proven to be a suitability reliable supplier to the City of Stirling. They supply several other local governments in the Perth region and deliver material from Albany to Darwin.

The T J Depiazzi and Sons tender has not provided prices for all items in the tender, however key bulk items including bark mulch, potting mix and soil conditioner are covered and rates for these items are competitive with the market. Those products unable to be supplied by T J Depiazzi will be purchased using the City of Stirling’s purchasing policy and procedures. .

In some cases T J Depiazzi and Sons have tendered alternative but equivalent garden soils, conditioners and mulch mixes that are acceptable for use by the City’s Parks and Reserves Business Unit.

Some of the tendered items have a wider PH range than specified however this is not seen as sufficient to impact on their use by the City.

Analysis of their various mixes indicate that they have a higher organic content than mixes previously supplied to the City and as such offer improved product quality and value over other mixes that may have a higher portion of bulking sand in the mix.

The assessment of the tendered rates for Native soils mix and Landscapers soil mix identified a significant increase in price. This increase is above the expected CPI adjustment. However the mix offered by T J Depiazzi and Sons has a higher organic content that will result in the use of a reduced volume of mix to achieve the required on site local sand blend. It also needs to be noted that, where possible, the City now avoids using replacement landscape soil mixes such as the Landscapers Soil Mix and Native Soil Mix.


225

The current preferred method to improve soils is to condition the existing soils found on site. As a result the use of replacement garden soil mixes is now less frequent.

It is important to appreciate that with some items are market supply sensitive. Pine bark mulch for example is a forestry by-product its availability subject to fluctuations in milling operations. T J Depiazzi and Sons have proven to be a consistent supplier of this product.

In assessing the tender the impact of recent Perth CPI increases of around 3.6% annually and Construction CPI annual adjustments of up to 5.9% over recent years have impacted on the rates tendered.

Upon considering the results generated by the application of the selection criteria matrix, the submission by T J Depiazzi and Sons provides the City of Stirling with value for money particularly for critical items such as pine bark mulch, soil conditioner and potting mix that are used on a daily basis by the City.

The Evaluation Panel recommends that the contract for the supply and delivery of various landscape soil mixes, mulches and potting mix within the City of Stirling be awarded to T J Depiazzi and Sons by the Council at rates listed in Appendix A.


Other City Periodic Supply Contractors using these products will be informed of the change in the City’s various landscape soil mixes, mulches and potting mix supply contract.


In accordance with the Local Government (function and General) Regulations Part 4 (18)


Future relevant landscape and engineering capital budgets will need to be adjusted to accommodate the increases in cost to supply garden soils, mulches, conditioners and potting mixes.


Goal 3: To foster the ongoing economic development of the City, encouraging investment and employment in a sustainable manner.

Objective 2.4: Ensure Council assets are developed and maintained to an appropriate

standard to meet community needs. SI 2.1.3: Develop a framework to manage the City’s urban landscapes (including street

trees). SI 2.2.3: Integrate sustainable purchasing practices into council operations and decision

making processes.


226

ATTACHMENT TO ITEM 10.4/TE1 - TENDER FOR THE SUPPLY AND DELIVERY OF VARIOUS LANDSCAPE SOIL MIXES, MULCHES AND POTTING MIX WITHIN THE CITY OF STIRLING Appendix B - Evaluation Matrix


227

10.4/TE2 TENDER FOR THE SUPPLY AND DELIVERY OF TWO (2) 4X2, AND/OR TWO (2) 6X4 DOMESTIC REFUSE DUAL CONTROL CAB CHASSIS AND/OR TWO (2) 18M3 AND/OR TWO (2) 22M3 OR 25M3 SIDE LOADER REFUSE COMPACTOR BODY

Report Information



Reporting Officer: Manager Waste and Fleet

Business Unit: Waste and Fleet

Ward: Not Applicable Moved Councillor Sebrechts, seconded Councillor Proud


1. That the tender be ACCEPTED from MacDonald Johnston Pty Ltd (MJE), Bayswater WA for the supply and delivery of two (2) Gen V SL18 Waste Bodies and one (1) Gen V SL22 Waste Body, in accordance with the Technical Specification. Total Cost $480,810.

2. That the tender be ACCEPTED from Transpacific Industries Group Ltd (trading as Superior Pak), Bentley WA for the supply and delivery of one (1) 25m3 Pendulum Packer in accordance with the Technical Specification. Total Cost $151,939.70.

3. That the tender be ACCEPTED from Skipper Trucks, Belmont WA for the supply and delivery of two (2) Iveco Acco 4X2 2350G/260 Cab Chassis and one (1) Iveco Acco 6X4 F2350G/285 Cab Chassis, with the trade-in of Fleet No’s T293, T294, T295, T303 fleet items offered for disposal. Total Nett Cost $398,244.

4. That the tender be ACCEPTED from Truck Centre (WA) Pty Ltd, Kewdale WA for the supply and delivery of one (1) Volvo FE 6X4 Cab Chassis in accordance with the Technical Specification. Total Cost $220,000.


Recommendation

1. That the tender be ACCEPTED from MacDonald Johnston Pty Ltd (MJE), Bayswater WA for the supply and delivery of two (2) Gen V SL18 Waste Bodies and one (1) Gen V SL22 Waste Body, in accordance with the Technical Specification. Total Cost $480,810.

2. That the tender be ACCEPTED from Transpacific Industries Group Ltd (trading as Superior Pak), Bentley WA for the supply and delivery of one (1) 25m3 Pendulum Packer in accordance with the Technical Specification. Total Cost $151,939.70.


228

3. That the tender be ACCEPTED from Skipper Trucks, Belmont WA for the supply and delivery of two (2) Iveco Acco 4X2 2350G/260 Cab Chassis and one (1) Iveco Acco 6X4 F2350G/285 Cab Chassis, with the trade-in of Fleet No’s T293, T294, T295, T303 fleet items offered for disposal. Total Nett Cost $398,244.

4. That the tender be ACCEPTED from Truck Centre (WA) Pty Ltd, Kewdale WA for the supply and delivery of one (1) Volvo FE 6X4 Cab Chassis in accordance with the Technical Specification. Total Cost $220,000.

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the supply and delivery of two (2) 4x2, and/or two (2) 6x4 domestic refuse dual control cab chassis and/or two (2) 18m3 and/or two (2) 22m3 or 25m3 side loader refuse compactor body for the City of Stirling, Tender Schedule No 2.7.1.72.2008/09 – Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments: Appendix B – Evaluation Report. Available for viewing at the meeting: Appendix A - Schedule of Tenders Received (Circulated to

Councillors under separate confidential cover). Appendix C – Finance / Budget Allocations and Tendered Details (Circulated to Councillors under separate confidential cover).

Tax sheet: Nil.

Background

Tenders were invited on 30 May 2009 for the supply and delivery of Two (2) 4x2, and/or two (2) 6x4 Domestic Refuse Dual Control Cab Chassis and/or two (2) 18m3 and/or two (2) 22m3 or 25m3 Side Loader Refuse Compactor Body Tender Schedule No 2.7.1.72.2008/09. Details • Tenders were advertised inviting

offers from the public on: Saturday 30 May 2009

• Tenders closed at 11.00am: Thursday 25 June 2009 • Employees present were: Chrissie Tan and Jasmine Martini • Number of tenders received: Six (6)


229

Contract

• Lowest Net Conforming: No • Time Table for Contract:

o Time for Completion of Delivery:

o Time for release of Fleet Items for Outright Purchases:

10 to 26 Weeks from issue of official City of Stirling purchase order.

On receipt of new plant items.

• Warranty Period: Up to 36 months from delivery and acceptance of equipment by the City of Stirling.



• Manager Waste and Fleet Operations, Eddy Albrecht and • Waste Services Leading Hand, Rob Fenner; • Waste Services Supervisor, Michael Ambrosini; • Fleet Services Supervisor, Kevin Sadler; • Waste Services Coordinator, Keith Rickman • Fleet Services Coordinator, Lou Favret, • Business Analyst Infrastructure, Stuart Malouf.

Evaluation of Tenders Tenders were rated in accordance with the Selection Assessment as detailed in Appendix B

Comment

Waste Bodies Six tenders were received for the supply and delivery of four domestic waste refuse bodies from two suppliers (MJE and Superior Park). Both suppliers support the WA waste industry. The offer from MJE is for the supply and fitment of the waste bodies out of their Bayswater WA factory. MJE have been supporting the City for the last 15 years. Price increase over the previous tender is 3.5%. The offer from Superior Pak is for the supply and delivery of waste bodies from Queensland and the vehicles are driven to Perth WA. Superior Pak has only recently opened an office in Perth whereas previously Waste Master had being their WA agent. Transpacific Industries Group Ltd own both Superior Pak and Cleanaway Australia. Superior Pak has reduced their tendered price from their previous tender by 10%, therefore providing the City with a very competitive offer. Cab Chassis Seven tenders were received for the supply and delivery of four cab chassis’ from four Perth based dealerships. All the dealerships have been established for some time and support the trucking industry. The average price increase from the previous tender is 10% for the cab chassis’.


230

No offers were received for the outright purchase of the fleet vehicles up for replacement. The trade-in values vary considerably reflecting the uncertainty and volatility in the 2nd hand truck market. Therefore it is recommended that the City accept the trade-in values. As outlined at Appendix B it is recommendation that the City accepts the tender from, MacDonald Johnston Pty Ltd (MJE), Bayswater WA for the supply and delivery of two (2) Gen V SL18 Waste Bodies and one (1) Gen V SL22 Waste Body, in accordance with the Technical Specification. Total Cost $480,810. Transpacific Industries Group Ltd (trading as Superior Pak), Bentley WA for the supply and delivery of one (1) 25m3 Pendulum Packer in accordance with the Technical Specification. Total Cost $151,939.70 Skipper Trucks, Belmont WA for the supply and delivery of two (2) Iveco Acco 4X2 2350G/260 Cab Chassis and one (1) Iveco Acco 6X4 F2350G/285 Cab Chassis, with the trade-in of Fleet No’s T293, T294, T295, T303 fleet items offered for disposal. Total Nett Cost $398,244 Truck Centre (WA) Pty Ltd, Kewdale WA for the supply and delivery of one (1) Volvo FE 6X4 Cab Chassis in accordance with the Technical Specification. Total Cost $220,000 Fleet Make-Up Total Units Two (2) 4X2 18m3 Solo Trucks

Fourteen (14) 6X4 22m3 Solo Trucks User Section Waste Services (Domestic Collections) Operational Hrs 9.5hrs per day


231


The Waste Services Domestic Collection service was consulted and invited to be part of the evaluation team, in the suitability of each offer received as part of the tender.


In accordance with the Local Government (functions and general) Regulations Part 4(18).


The expenditure of $1,137,267 for the tender will be debited to the appropriate cost centre (A0187) at the time an order is placed with a net deficit against budget of $2,267. This is mainly due to the volatility in the 2nd hand truck market, lower than expected trade-in values. This deficit will be off-set within the 2009/10 fleet replacement budget. The average price increase from the previous tender is 10% for the cab chassis’, and 3.5% for the waste bodies.


Purchase of these waste trucks is required in order to maintain provision of services with the Waste Services Business Unit, as well in maintaining the maintenance budget within the Fleet Services. Solo Trucks normally have a life of 5 years / 8,000hrs with the City. All the solo truck due for replacement will have exceeded 8,000hrs of operation when replaced. Therefore the above solo trucks are due for replacement.


232

APPENDIX B TO ITEM 10.4/TE2 - TENDER FOR THE SUPPLY AND DELIVERY OF TWO (2) 4X2, AND/OR TWO (2) 6X4 DOMESTIC REFUSE DUAL CONTROL CAB CHASSIS AND/OR TWO (2) 18m3 AND/OR TWO (2) 22m3 OR 25m3 SIDE LOADER REFUSE COMPACTOR BODY


233


234


235


236


237


238


239


240


241

10.4/TE3 TENDER FOR PROFILING OF ROAD PAVEMENTS

Report Information

Location: City Wide


Reporting Officer: Manager Engineering Operations

Business Unit: Engineering Operations

Ward: City Wide Moved Councillor Proud, seconded Councillor Boothman


1. That the tender from Downer EDI Works Pty Ltd (Redcliff), Bluestone WA Pty Ltd Trading as WA Profiling (Welshpool), and West Coast Profilers Pty Ltd (Wangara) for the profiling of road pavements for an annual estimated contract value of $250,000 per annum, within the City of Stirling be ACCEPTED: a. at the tendered rates as detailed in Appendix A; and b. for an initial period of one (1) year commencing from Date of Acceptance letter

with an option to renew annually for a further two (2) years. 2. That the allocation of orders to panel members, recommendation.1, be on the basis of

BEST VALUE for money and availability of a supplier at the time the work is required to be performed.


Recommendation

1. That the tender from Downer EDI Works Pty Ltd (Redcliff), Bluestone WA Pty Ltd Trading as WA Profiling (Welshpool), and West Coast Profilers Pty Ltd (Wangara) for the profiling of road pavements for an annual estimated contract value of $250,000 per annum, within the City of Stirling be ACCEPTED:

a. at the tendered rates as detailed in Appendix A; and

b. for an initial period of one (1) year commencing from Date of Acceptance letter with an option to renew annually for a further two (2) years.

2. That the allocation of orders to panel members, recommendation.1, be on the basis of BEST VALUE for money and availability of a supplier at the time the work is required to be performed.


242

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the profiling of road pavements within the City of Stirling for an initial period of one (1) year with an option to renew annually for a further two (2) years, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. (Circulated to Councillors under separate confidential cover).

Appendix B - Evaluation Matrix. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Tenders were invited on 23 May 2009 for the profiling of road pavements Tender Schedule No 2.7.1.59.2008/09, for an initial period of one (1) year with an option to renew annually for a further one (1) year. Details

• Tenders were advertised inviting offers from the public on:

Saturday 23 May 2009

• Tenders closed: Thursday 11 June 2009 • Employees present were: J Martini & C Tan • Number of tenders received: Four (4)

Contract

• Completion Date of Existing Contract: 31 August 2009. • Commencement Date of New Contract: Date of Acceptance letter. • Completion Date of New Contract: 31 August 2010 (with an option to renew

annually for a further two (2) years. • Estimated Value of New Contract: $250,000 (per annum). • Price Basis of New Contract: Fixed for the initial term (12 months).

Calculation of the contracted rates for the two (2) annual extension options is subject to Perth CPI movements only.

Finance

The expenditure for the tender will be debited to the appropriate cost centre at the time an order is placed.


243



• Manager Engineering Operations - Ron Spragg; • Works Engineer – William Liau; • Construction Engineer - Frank Staltari and • Senior Engineering Assistant – Neil Parsons.

Evaluation of Tenders The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the four (4) tenders listed in Appendix A and to select a panel of suitably qualified and experienced contractors for the profiling of road pavements.

Tenders received were assessed for awarding a contract for a period of one (1) year with an option to renew annually for a further two (2) years, in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

Three tenders were assessed as being conforming and one tender being assessed as an alternative tender.

First Pass Desktop Review:

The Evaluation Panel conducted a first pass desktop review to identify the submission that was non-conforming to the immediate requirements of the Tender. This included compliance with contractual requirements and provision of requested information.

The submissions from Downer Edi Works Pty Ltd, Bluestone WA Pty Ltd Trading as WA Profiling and Blue Tongue Profiling Pty Ltd were processed through to the second pass desktop review on the basis that the mandatory requirements stipulated under the conditions for tendering of the Request for Tender had been met.

The submission from West Coast Profilers Pty Ltd was considered an “Alternative Tender” and was set aside for consideration after evaluation of all compliant tenders for the following reason:

• West Coast Profilers Pty Ltd submitted variances on rates that traffic management only, would include two (2) Traffic Controllers per item and indicated that additional traffic management requirements will be charged at an hourly rate.

However, these variances were not considered excessive for their submission to be rejected as non-conforming and consequently, their submission was included in the Second Pass Desktop Review.

Second Pass Desktop Review:

In order to obtain the broadest possible comparison base, a second pass desktop review of each of the three conforming tenders was carried out on annual cost to the City based on work volumes and the application of the selection criteria in the evaluation matrix (Refer to Appendix B).

As a result, the Conforming Tenders scored as follows: -

• Downer Edi Works Pty Ltd at 332.60 points • Bluestone WA Pty Ltd trading as WA Profiling at 319.75 points • Blue Tongue Profiling Pty Ltd at 286.20


244

The review was extended to the “Alternative Tender” with adjustments for additional cost required for traffic management as appropriate:

• West Coast Profilers Pty Ltd at 287.75 The final results in descending order of ranking are: • Downer Edi Works Pty Ltd • Bluestone WA Pty Ltd trading as WA Profiling • West Coast Profilers Pty Ltd • Blue Tongue Profiling Pty Ltd All tenderers are generally known to the evaluation panel as having the capacity to provide the level of service described in the specification. A check with referees of the recommended tenderer has indicated suitability as a supplier to the City of Stirling.

Comment

Upon considering the results generated by the application of the selection criteria matrix, the top three submissions by Downer Edi Works Pty Ltd, Bluestone WA Pty Ltd trading as WA Profiling, and West Coast Profilers Pty Ltd were preferred, providing the City of Stirling with the best value for money for services to be rendered.

The prices from the recommended schedules of rates for our most commonly used road profiling (0 to 50mm deep profiling for areas greater than 3000sqm) has generated an average price increase of around 40% for rates including traffic management as compared to current rates that expire on the 31st August 2009. The reason for this increase is mainly due to the increased traffic management requirements in compliance of the current Australian Standard and Main Roads Western Australia requirements. Traffic Management Plan and Traffic Control Drawing are required to be submitted for the City’s approval for each job. The awarded Contractor is required to indemnify the City of Stirling against any liability arising from or as a result of Traffic Management supplied by the Contractor. The Evaluation Panel recommends that the contract for the Profiling of Road Pavements be awarded to Downer Edi Works Pty Ltd, Bluestone WA Pty Ltd Trading as WA Profiling and West Coast Profilers Pty Ltd by the Council at rates listed in Appendix A.


Tender in accordance with the Local Government (Function and General) Regulations Part 4 (18).


The estimated value of the contract for the Profiling of Road Pavements within the City of Stirling is $750,000 over the next three years. There is an average price increase of approximately 40% over current prices.


245


To fund, develop and manage the City's extensive infrastructure assets by competitively tendering service to obtain best value for money and complying with the Australian Competition Policy


246

ATTACHMENT TO ITEM 10.4/TE3 - TENDER REPORT FOR PROFILING OF ROAD PAVEMENTS EVALUATION MATRIX

NOTES TO USERS:

1

2

CRITERIA Weight Factor Rate Score Rate Score Rate Score Rate Score

The rates tendered; 20 2.63 52.6 2.60 52 2.80 56 2.31 46.2

Clearly demonstrates an understanding of the City’s requirements;

20 3 60 3 60 3 60 3 60

Demonstrated qualifications, experience, capacity and resources of the tenderer in the administration of similar contracts;

25 3.5 87.5 2.83 70.75 3 75 3 75

Demonstrated financial capacity of the Tenderer to undertake and complete the contract; and,

15 3.5 52.5 3 45 3.25 48.75 3 45

Demonstrated ability to provide the profiling of road pavements within nominated time frames.

20 4 80 3 60 4 80 3 60

TOTALS: 100

Compliance with the Conditions for Tendering YES/NO YES YES YES NO

Compliance with the Conditions of Contract YES/NO YES NO YES YES

EVALUATION PANEL PLEASE NOTE: PRE-DETERMINED WEIGHTINGS HAVE BEEN ASSIGNED TO EACH CRITERIAAND MUST BE USED IN THE EVALUATION PROCESS

Tender 3Bluestone WA Pty

Ltd T/ASWA Profiling

286.2

Tender 4Blue Tongue

Profiling Pty Ltd

COMPLIANCE CRITERIA

TENDERERS

Appendix BTender Number 59.2008/09

The “CRITERIA” below M UST M ATCH PRECISELY what was contained in the tender/expressions of interest/quote document (amend as required).

EACH “CRITERION” can be subdivided into subsections for clarity.

DURING EVALUATION THE FOLLOWING WEIGHTINGS AND RATES (0 LOWEST - 5 HIGHEST) HAVE BEEN APPLIED TO THE SELECTION CRITERIA

EVALUATION MATRIX FOR THE PROFILING OF ROAD PAVEMENTS FOR THE CITY OF STIRLING

332.6 287.75 319.75

Tender No 1Downer Edi Works

Pty Ltd

Tender No 2West Coast Profilers

Pty Ltd Alternative Tender


247

10.4/A1 OSBORNE PARK AGRICULTURAL SHOW 2009

Report Information

Location: Robinson Reserve, Royal Street, Tuart Hill

Applicant: Osborne Park Agricultural Society



Ward: Osborne

Suburb: Osborne Park / Tuart Hill Moved Councillor Proud

That Council APPROVE funding of the 2009 Osborne Park Agricultural Show to the value of $10,000 plus GST through the City’s Cultural Development Fund. The motion LAPSED for want of a seconder. Moved Councillor Collins, seconded Councillor Boothman


That Council APPROVE funding of the 2009 Osborne Park Agricultural Show to the value of $15,000 through the City’s Cultural Development Fund. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

That Council APPROVE funding of the 2009 Osborne Park Agricultural Show to the value of $10,000 plus GST through the City’s Cultural Development Fund.

Report Purpose

The City’s Cultural Development Fund Policy states that applications for funding over $5,000 must be submitted to Council for its consideration.


248

Relevant Documents

Attachments: Cultural Development Fund Policy Available for viewing at the meeting: Cultural Development Fund Application for the Osborne.

Park Agricultural Show 2009. Tax sheet: Nil.

Background

In 2009 the Osborne Park Agricultural Society will host its 95th Annual Osborne Park Agricultural Show. In past decades, the Osborne Park Agricultural Show has been well patronised by the City of Stirling community. It has become an event that celebrates the City’s past and showcases the City’s present. The Osborne Park Agricultural Show attracts around 18,000 attendees each year. Many show-goers are young people and families who are attracted by the sideshow rides, showbag stalls and fireworks displays while others like the more traditional aspects of the “Show” – the craft, cooking and produce exhibits, animal displays and equestrian events, log chopping demonstrations, community stalls and school exhibitions. The City of Stirling has been associated with the Osborne Park Agricultural Show for many years, initially supporting the event in-kind and in more recent years, providing cash support though the City’s Cultural Development Fund.

Comment

The City of Stirling’s Cultural Development Fund supports the planning and development of sustainable and safe events that play a role in community capacity building, community wellbeing, developing community spirit and nurturing the arts. The Osborne Park Agricultural Society has requested $15,000 for their event in 2009. In 2008, Council approved funding to the value of $15,000 for the Osborne Park Agricultural Show. This was a $5,000 increase on the previous three years funding. Due to budget cuts in 2009-2010, $10,000 plus GST has been allocated from the Cultural Development Fund towards the Osborne Park Agricultural Show 2009.


Nil.


This report has been submitted to Council in accordance with the Cultural Development Fund Policy.


249


In 2009-2010 the Cultural Development Fund budget is $100,000. Funding to the value of $10,000 plus GST is available within this budget allocation for the 2009 Osborne Park Agricultural Show.




and seek additional funding opportunities.


250

ATTACHMENT TO ITEM 10.4/A1 - OSBORNE PARK AGRICULTURAL SHOW 2009


251


252


253

Councillor Bill Stewart disclosed an Impartial Interest in Item 10.4/A2 as some members of the Scarborough Beach Association Committee were either directly or indirectly involved in the Local Government Election in 2007 for the coastal ward for which he is a candidate.

10.4/A2 CHRISTMAS AT SCARBOROUGH 2009

Report Information

Location: Scarborough Amphitheatre

Applicant: Scarborough Beach Association



Ward: Coastal

Suburb: Scarborough Moved Councillor Stewart, seconded Councillor Proud

That Council APPROVE the request from the Scarborough Beach Association to fund the 2009 Christmas Carols at Scarborough to the amount of $30,000. Procedural Motion Moved Councillor Boothman, seconded Councillor Furlong


That the item relating to Christmas at Scarborough 2009 be HELD OVER to the Infrastructure and Community Development meeting to be held 15 September 2009 to allow Officers to negotiate with the applicants in regards to a revised budget which Council could support. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Collins, Furlong, Michael, Proud, Sebrechts and Stewart. Against: Nil.

Recommendation

That Council DO NOT approve the request from the Scarborough Beach Association to fund the 2009 Christmas at Scarborough event (also known as Carols at Scarborough).

Report Purpose

To reconfirm Councils previous decision not to fund the Carols at Scarborough beyond the 2008/09 budget.


254

Relevant Documents

Attachments: Cultural Development Fund Policy Available for viewing at the meeting: Letter from David Lombardo, Vice Chairman of the

Scarborough Beach Association requesting funding and Cultural Development Fund Application for Christmas at Scarborough 2009.

Tax sheet: Nil.

Background

Council previously resolved not to fund the Scarborough Carols beyond the 2008/09 budget; however the City’s Cultural Development Fund Policy states that applications for funding over $5,000 must be submitted to Council for its consideration. The City of Stirling’s Cultural Development Fund supports the planning and development of sustainable and safe events that play a role in community capacity building, community wellbeing, developing community spirit and nurturing the arts. Over the last fifteen years, the annual Carols at Scarborough has been a well patronised event by the City of Stirling community, attracting approximately 5,000 attendees each year. The Carols at Scarborough is a free and accessible event, celebrating the Christmas tradition and the conclusion of the calendar year. For the community, the event offers a local alternative to the City of Perth Christmas Carols. The City of Stirling has been associated with the event since its inception in 1994, providing in kind support and financial assistance. Since 2006, this support has been a cash contribution to the event through the City’s Cultural Development Fund. At the 4 November 2008 Council meeting. Council resolved to:

“Approve funding of the 2008 Carols by the Clocktower to the value of $15,000 through the City’s Cultural Development Fund 2008-2009 budget and that funding CEASE beyond the 2008/09 budget”. (Resolution number 1108/024).

As the amount provided by the City was not what was requested, the Scarborough Beach Association moved the event back to the Clocktower – a decision they have since regretted. At the 5 May 2009 Council meeting, Council resolved to receive a report (resolution number 0509/028) detailing a number of ways in which the City could conduct the Carols by the Clocktower 2009 as part of its official schedule of community events. The report was written in response to Councillor Stewart’s Notice of Motion of the Council meeting held 4 November 2008. At the 5 May 2009 Council meeting Council also resolved that the City should write to the Scarborough Beach Association and request written confirmation that they will be funding, managing and conducting the Carols at Scarborough and identifying the location of the event. This letter was sent to the Scarborough Beach Association but to date no response to this letter has been received.


255

On 27 July 2009 the City received a letter from Mr David Lombardo, Vice Chairman of the Scarborough Beach Association requesting that the City provide $30,000 to stage the 2009 Carols event. This letter has been followed by a formal request for funding of $30,000 through the Cultural Development Fund.

Comment

The Scarborough Beach Association has requested $30,000 for their event in 2009 to cover the costs of running the Carols at the Scarborough Amphitheatre. The proposed date of the event is Sunday 13 December 2009. Discussions with representatives from the organising committee of the event indicate that if the Scarborough Beach Association does not receive the requested funds the events will either be staged at the Clocktower or cancelled.


Nil.


This report has been submitted to Council in accordance with the Cultural Development Fund Policy.


Whilst under the Cultural Development Fund Policy, the maximum amount the City can award is $15,000 (Level 1 Funding: Flagship Events) there is only $10,000 (plus GST) available within the Cultural Development Fund budget should Council wish to fund the event in 2009.




and seek additional funding opportunities.

Report Purpose

The City of Stirling’s Cultural Development Fund supports the planning and development of sustainable and safe events that play a role in community capacity building, community wellbeing, developing community spirit and nurturing the arts. The City’s Cultural Development Fund Policy states that applications for funding over $5,000 must be submitted to Council for its consideration.


256

ATTACHMENT TO ITEM 10.4/A2 - CHRISTMAS AT SCARBOROUGH 2009


257


258


259

11. REPORTS FOR CONSIDERATION IN ACCORDANCE WITH SECTION 4.2(3) OF THE MEETING PROCEDURES LOCAL LAW 2009

In accordance with Section 4.2(3) of the City of Stirling Meeting Procedures Local Law 2009, the Chief Executive Officer may include on the agenda of a Council meeting in an appropriate place within the order of business any matter which must be decided, or which he considers is appropriate to be decided, by that meeting.

11.1 ANNUAL REVIEW OF DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER 2008/2009

This item was REFERRED BACK to the Resource Management Committee at the Council meeting held 2 June 2009 to allow further consideration by Councillors. This item was HELD OVER at Council meeting held 23 June 2009 for a workshop to allow further clarification and discussion by Council. A workshop was held 29 June 2009.

Report Information



Reporting Officer: Manager Governance and Council Support

Business Unit: Governance and Council Support



Recommendation (refer revised recommendation page 270)

That Council APPROVE the revised delegations of authority to the Chief Executive Officer resulting from the 2008/2009 review as detailed in the attached table. NB: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL.

Report Purpose

The report is presented to enable Council to review its delegations to the Chief Executive Officer under Part 5 Division 4 of the Local Government Act 2005, during the financial year 2008/2009.


260

Relevant Documents

Attachments: Table of Existing and Proposed Delegations to the Chief Executive Officer. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Section 5.42(1) of the Local Government Act 1995 states:- "(1) A local government may delegate* to the CEO the exercise of any of its powers or the

discharge of any of its duties under this Act other than those referred to in section 5.43." (*ABSOLUTE MAJORITY VOTE REQUIRED.) Section 5.46(1) and (2) of the Local Government Act 1995 states:- "(1) The CEO is to keep a register of the delegations made under this Division to the CEO and

employees. (2) At least once every financial year, delegations made under this Division are to be reviewed

by the delegator."

Comment

In order to comply with the obligation under section 5.46(2) to review its delegations to the Chief Executive Officer at least once every financial year, Council must carry out the 2008/2009 review before 30 June 2009. To assist with the review, the Compliance Coordinator has considered the existing delegations. The table following notes the existing delegations and in some cases proposes amendments. The recommendations contain the reasoning behind the proposed amendments. Essentially, there are no significant amendments. In some cases, a number of existing delegations have been combined because the various functions are related. In others, amendments have been made to the function wording to replicate that of the legislative provision from which the power is sourced.


261

ATTACHMENT TO ITEM 11.1 - ANNUAL REVIEW OF DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER 2008/2009

EXISTING DELEGATION PROPOSED DELEGATION

1. VARIATIONS TO PROJECT EXPENDITURE

Function Authority to approve variations of expenditure on projects from a lower limit of $10,000 to an upper limit of 15% of the project budget without Council approval.

Function Approve variations of expenditure on all projects.

Conditions 1. Offsetting saving is identified within the same budget category; and 2. The variation is subsequently reported to the Resource Management Committee as part of a quarterly budget review.

Conditions 1. The project must be identified in the City’s budget and off setting saving must be identified within the same budget category.

2. Limit of authority to approve variations limited to 15% of project budget.

3. Authorised variations to be reported to the Resource Management Committee as part of the six monthly budget review.

Recommendation: To streamline efficiency, enable CEO to approve up to 15% variation on all project expenditure for projects identified in the annual budget. Variations to be reported to Council twice a year.

2. CONTRACT SIGNING

Function Authority to sign formal contracts - upon affixation of the Common Seal to the contract documents

Function 1. Sign written contracts and agreements. 2. Vary all written contracts and agreements

excepting employment contracts. 3. Exercise contract options

Conditions After authority for sealing by the corporate entity (Council).

Conditions 1. New Contracts/Agreements and Variations to Existing Contracts/Agreements

a. Less than $19,999: no conditions

b. $20,000 - $99,999: written evaluation must be conducted prior to signing new or varied contract/agreement.

c. Over $100,000: Council to approve new or varied contract/agreement before signing.

2. Exercising Options to Extend Contract Terms

Written evaluation of contractor performance must be completed before exercising options to extend contract terms.

Recommendation: 1. Combine into one delegation the existing delegations to sign, vary contracts and exercise options. 2. Reword delegation to more appropriately describe function. 3. Remove reference to common seal. Section 9.49 of Local Government Act 2005, provides: “A document is,

unless the Act requires otherwise, sufficiently authenticated by a local government without its common seal if signed by the CEO or an employee of the local government who purports to be authorised by the CEO to so sign”.

4. Impose conditions that match those contained in the City’s Purchasing and Tender Policy. The effect of this will be that Council will have to approve new contracts or amendments to existing contracts for contracts over $100,000.


262


3. VARIATIONS TO CONTRACTS

Function Authority to initiate variations to contracts – expressly excluding variations to employment contracts.

Function

Conditions Nil Conditions Nil

Recommendation: Delete existing delegation to vary contracts and combine with proposed contract signing delegation. See (2) above.

4. ENTRY IN EMERGENCY

Function Authority to deploy Council equipment and manpower in an emergency

Function In an emergency, to lawfully enter any land, premises or thing immediately and without notice and perform any of its functions appropriate to deal with the emergency.

Conditions Nil Conditions The City’s Emergency Management Plan (interim) is to be invoked and followed in the event of an emergency.

Recommendation: The appropriate power to delegate is the power of entry to deal with an emergency provided under s3.34(1) of the LGA. Once the power to enter is invoked, the City’s Emergency Management Plan is then followed.

5. PAYMENTS FROM MUNICIPAL AND TRUST FUNDS

Function Power to make payments from City of Stirling funds including Municipal and Trust funds

Function Make payments from the City Municipal and Trust Funds for purposes duly authorised by the Local Government Act 1995 and for which provision has been made in the Council budget.


Recommendation: More appropriately word the function to replicate legislative provision from which power is sourced.

6. APPOINTMENT OF CONSULTANTS

Function Appointment of consultants (up to value of $50,000)

Function Appointment of consultants for services valued at less than $100,000

Conditions

Recommendation: Lift limit to $100,000 and engaged as per the requirements of the City’s Purchasing Policy and Tender Guide.

7. DISPOSAL OF COUNCIL PROPERTY (UNDER $20,000)

Function Authority to Implement the Policy and Procedures for Disposal of Council Property (except land) up to $20,000. Accept offers (bids) to purchase Council surplus property.

Function Dispose of *property (except land): • at public auction; • by public tender; or • in accordance with other methods provided in

the City’s Disposal of Property policy providing the notice requirements of s3.58 of the Local Government Act 1995 are met.

*property includes the whole or any part of the

interest of a local government in property, but does not include money.

Conditions Nil Conditions

Nil

Recommendation: 1. Local Government Regulations provide an exemption from the requirement to sell to the highest bidder at


263


auction or by tender to the most acceptable tender if the property is less than $20,000. Consistent with this, the recommendation is to replace the existing three Disposal of Council Property delegations with two: Disposal of Property under $20,000 and Disposal of Property over $20,000. 2. Reword function so that the options are consistent with those permitted under the Act.

8. DISPOSAL OF COUNCIL PROPERTY (OVER $20,000)

Function Authority to make the decision to invite period supply tenders and tenders for the disposal of surplus Council property (except land) only.

Function Dispose of *property (except land) to:

(a) the highest bidder at public auction; or

(b) the person who at public tender makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

*property includes the whole or any part of the interest of a local government in property, but does not include money.


Recommendation: See (7) above.

9. DISPOSE OF PROPERTY

Function Authority to accept offers (bids) to purchase surplus.

Function


Recommendation: Recommend deleting this delegation as the power to accept offers is implied in the power provided under s3.58 to “dispose” of Council property.

10. WAIVE OR GRANT CONCESSIONS/WRITE OFF MONEY

Function Waive or grant concessions (except rates), and Write off money (except rates and

service charges) to annual limit of $50,000.

Function • Waive or grant concessions (except for rates and service charges); and

• Write off money - $5,000 per transaction to an annual limit of $100,000.

Conditions Nil Conditions CEO and delegates to report to Resource and Management Committee every six months on the exercise of this delegation. Report to contain information prescribed in Regulation 26.1 of the Local Government (Financial Management) Regulations 1996.

Recommendation: 1. To increase efficiencies, limit write offs to $5,000 per transaction to an annual limit of $100,000. 2. Impose condition that CEO reports six monthly on exercise of delegation.

11. WRITE OFF ASSETS

Function Authority to write off assets with written down values.

Function Authority to write off assets with written down values.

Conditions 1. Items lost or stolen – No Limit Other categories - $20,000

Conditions Nil

Recommendation: To increase efficiencies, remove limits to enable CEO scope to write off any assets.


264


12. TENDERS

Function Authority to enter into period supply contract for the supply of goods and/or services where the consideration is or is expected to be less than $250,000

Function • Determine in writing the criteria for deciding which tender should be accepted;

• Invite tender. • Assess tender by means of a written

evaluation of the extent to which each tender satisfies the criteria.

• Recommend which tender would be most advantageous to accept.

Conditions Nil Conditions If tenders for less than $100,000 are sought, the

requirement to publicly advertise as provided in Part 4 Division 2 of the Local Government (Functions and General) Regulations 1996 must be followed.

Recommendation: 1. Rename existing “Entering into Contracts” delegation as “Tenders” to more accurately reflect what it is

considered the existing delegation is designed for. The existing delegation references s9.49 of the Local Government Act 1995 as its source of power. This section is concerned with authenticating documents. The CEO doesn’t need delegated authority to do this, s9.49 provides him with it.

2. The delegation should be amended to delegate authority to CEO to carry out the necessary functions to process tenders to the point where his recommendation is taken to Council for consideration.

3. It would be useful to include a condition that refers to the need to publicly advertise if it is decided to seek tenders for goods/services less than $100,000.

13. USE OF MEETING FACILITIES

Function To approve future requests for use of meeting facilities for the Mindarie Regional Council and Tamala Park Regional Council where use is on a full costs recovery basis and subject to no conflict with other meetings.

Function


Recommendation: Function is administrative in nature. Recommend deleting delegation and including provision in the City’s policy on use of its facilities to deal with arrangements for Mindarie Regional Council and Tamala Park. Council will ultimately be required to consider amendments to the policy before it can be endorsed or otherwise.

14. USE OF COMMON SEAL

Function Authority to sign and affix of the Common Seal to a Withdrawal of Caveat and associated documentation to temporarily withdraw a City’s caveat to enable dealings on a title where there is no change to the conditions of the original legal agreement and the transferee or mortgagee enters into a Deed of Covenant with the City agreeing to observe the provisions of the original legal agreement.

Function Sign and affix of the Common Seal to:

1. A Withdrawal of Caveat and associated documentation to temporarily withdraw a City’s caveat to enable dealings on a title.

2. Deeds of Restrictive Covenant, Easement in Gross, legal agreements and Section 70A Notifications arising from conditions of subdivision, rezoning or development approval where the condition is not inconsistent with Council policy or resolution.

Note: These are two separate delegations

Conditions Transferee or mortgagee must enter into a Deed of Covenant with the City agreeing to observe the provisions of

Conditions 1. Transferee or mortgagee must enter into a Deed of Covenant with the City agreeing to observe the provisions of the original legal


265


the original legal agreement.

agreement.

2. Either Manager Approvals, Coordinator Planning Approval, Coordinator Building Approvals, Manager Policy & Strategic Development or Coordinator Strategic Town Planning must form the opinion the condition is consistent with Council policy or resolution.

Recommendations: 1. Amend name from “Deed of Covenant” to “Use of Common Seal” to more appropriately describe the

delegation. 2. In order to meet the legislative requirement to maintain delegations on a delegations register, Include in this

delegation the delegation to CEO currently contained in the City’s planning policy N101002 to affix common seal to Withdrawal of Caveats.

3.

15. AUTHORISED OFFICERS

Function Ability to authorise officers under S. 9.10 of the Local Government Act 1995. This delegation has been included in order to create efficiencies in authorisations.

Function To appoint persons or classes of persons to be authorised for the purposes of performing particular functions


Recommendation: Change wording of function to that specified in s9.10(1) of the Local Government Act 2005.

16. INITIATE PROSECTIONS – ELECTORAL SIGNS

Function Authority to initiate prosecutions in respect to electoral signs for Council elections

Function


Recommendation: Delete delegation. It is suggested that “electoral sign” comes within the definition of “advertising sign” in s3.1 of the City of Stirling Thoroughfares and Public Places Local Law 2009. Under the local law, subject to exceptions for which the City may issue a permit, it is not permissible to erect or place an advertising sign on a thoroughfare or verge. Prosecutions could be brought in the event the local law is contravened.

17. INSTRUCT LEGAL ACTION

Function Authority to instruct Council’s Solicitors to take legal action in respect of any breach, contravention or offence under the Town Planning and Development Act 2005, gazetted Town Planning Schemes, the Local Government (Miscellaneous Provisions) Act 1960 and all subsidiary legislation made under those Acts, including signing and executing all documents on behalf of the City.

Function


Recommendation: The source of power currently cited in these delegations is the legislation itself. The relevant provision will be identified when the current review of planning delegations is completed. It is recommended this delegation be amended once the relevant provision is identified.

18. LEASE OF COMMON PROPERTY ON STRATA PLANS

Function Authority to give consent to the lease of common property on Strata Plans.

Function Consent to the lease of common property on Strata Plans


266



Recommendations: Retain without amendment except to amend the name of delegation. The title of the existing delegation “Consent to Lease of Common Property” bears no relationship to leases of common property on strata plans.

19. SHORT TERM PARKING

Function Authority to approve requests for short term parking.

Function


Recommendations: The existing delegation mentions Sch 9.1 as the source of power. The only mention of parking in Sch 9.1 is disabled parking. It is not clear this is what the delegation is designed to do.

20. ITINERANT TRADERS

Function Authority to determine applications for use/hire of City’s facilities outside those listed in policy

Function


Recommendation: Delete delegation. Under s5.3 of the City’s Thoroughfares and Public Places Local Law 2009, “a person must not carry on trading unless [they hold a valid trader’s permit …]. The City has power under 5.5(3) to exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirement [to obtain a permit].

21. ALTERATION OF CATEGORY – RIGHTS OF WAY

Function Authority to alter the category of Rights of Way where the current category is clearly in conflict with the category definitions. (Endorsed by Council 21 March 2006)

Function Alter the category of Rights of Way where the current category is clearly in conflict with the category definitions

Conditions In such instances Councillors and all affected owners are to be notified of the change and the rationale for this

Conditions Councillors and all affected owners are to be notified of the change and the rationale for it.

Recommendation: The delegation is to enable an alteration where it fits with the description but is required to cure errors without the need to carry out public consultation.

22. LIBRARY CHARGES

Function Authority to waive or cancel library charges.

Function


Recommendation: Delete delegation. CEO already has delegated authority to waive or grant concessions or write off money. This authority could be exercised to waive or cancel library charges.

23. STAFF ATTENDANCE AT INTERSTATE CONFERENCES

Function Authority to approve staff attendance at interstate conferences

Function


Recommendations: Delete delegation. Training and development of employees is a direct management responsibility of the CEO. Budget allocations for training and development will be set by Council as part of the budget adoption process.

24. PURCHASE ORDERS

Function Authority to initiate, place and/or approve purchase orders: • With formally contracted suppliers

Function Authority to approve purchases whether by purchase order or otherwise: a. With formally contracted suppliers to


267


to unlimited value. • Non-contracted and non-accredited

suppliers to unlimited value in accordance with the Purchasing Policy.

• Authority to initiate and sign purchase orders resulting from a Council resolution, (eg Tenders for contract) or orders placed with Period Supply Contractors for the supply of goods or services that exceed $50,000.

unlimited value. b. Non-contracted and non-accredited

suppliers in accordance with the Purchasing Policy and Tender Guide.

c. Authority to initiate and sign purchase orders resulting from a Council resolution, (eg Tenders for contract) or orders placed with Period Supply Contractors for the supply of goods or services that exceed $100,000.


Recommendations: 1. Simplify the name of the delegation from “Placing and/or Approving Purchase Orders” to “Purchase

Orders”. 2. The qualifications on the CEO’s authority to approve purchase orders should be amended to (a) extend the

overall authority to cover approval for purchases made without the placement of a purchase order, ie, legal services; and (b) increase the limit of the authority in (c) to $100,000. This is consistent with the purchasing thresholds in the City’s Purchasing and Tender Policy.

25. APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER

Function Authority to appoint an Acting Chief Executive Officer

Function

Conditions • The appointment being for a period not exceeding 20 consecutive working days; with all other appointments to the position of Acting Chief Executive Officer being referred to the Council for determination;

• Only employees classified as Directors (designated as a ‘senior employee’), can be appointed to the position of Acting Chief Executive Officer;

• The Chief Executive Officer providing the Elected Members appropriate notice of all appointments to the position of Acting Chief Executive Officer.

Conditions

Recommendation: No amendment recommended.

26. DEVELOPMENT APPROVALS

Function Authority to approve development within the 15x15metre visual truncation requirement by clause 1.4.8 of the City’s District Town Planning Scheme No 2.

Function



27. CROSSOVERS

Function • Approve variations to clause 1.6.8 of the Residential Planning codes dealing with distance between

Function


268


crossovers on the same lot, where this is in accordance with the intent of the City’s Crossovers Policy and orderly planning;

• Refuse applications not in keeping with the intent of the City’s Crossovers Policy; and

• Approve minor variations to the City’s Crossovers Policy where adequate justification is provided and the intent of the policy deemed to have been met.



28. VERGE AREAS AND PROTECTION OF CITY PROPERTY DURING BUILDING WORKS

Function 1. Grant permits, impose and vary conditions in accordance with the objectives of the Permits to Use Verge Areas and Protection of City Property During Building Works Policy;

2. Carry out vetting and validation of

all relevant applications and the verge area;

3. Collect bond and fees as

determined by Council. Grant exceptions from bond requirements where works are remote from verge areas on sites such as larges residential complexes or officer towers;

4. Undertake periodic inspections,

investigate complaints, ensure compliance with conditions, issue infringements, serve notices, impound goods involved in contraventions and/or undertake prosecutions;

5. Determine specifications for

repairs to City infrastructure other than street trees and if repairs undertaken by permit holders are adequate or insufficient. If insufficient, cause repairs to be undertaken to the required standard;

6. Determine and undertake work

required to repair damage to street trees or replace where significantly damaged or destroyed;

7. Undertake final inspection and

decide if refund of bond or if repairs are required; and

8. Refund balance of bonds after

Function


269


completion of work, or recover costs incurred by the City in repairing damage not covered by bond.




Nil.


Local Government Act 2005, s5.46.


Nil.


Objective 5.5 – Improve and promote best practice corporate governance and compliance throughout the organisation.

Additional Information

A workshop was conducted on 29 June 2009, to enable elected members to further consider the proposed delegations of authority to the Chief Executive Officer resulting from the 2008/2009 review. Elected members proposed amendments to some of the delegations of authority. These amendments have been considered and in some cases incorporated into delegations. In circumstances where amendments have been incorporated, the decision to do so has been based of the financial, strategic and practical effects of each amendment. The concerns expressed in respect of the appointment of consultants have been addressed through a proposed amendment to the City’s existing Purchasing Policy and Tender Guide. The effect of the amendment will be that Council approves all briefs to consultants for services valued in excess of the delegated authority limit, prior to consultants being engaged. In addition, tenders (excepting those for period supply contracts) are not to be called until Council has approved the brief. Where period supply contractors are engaged through a tender process, the brief is also to be prepared and approved by Council before consultants are engaged to provide services over the delegated authority limit.


270

Revised Recommendation 1. That Council APPROVE the revised delegations of authority to the Chief Executive

Officer resulting from the 2008/2009 review, with amendments, as marked up in the table to follow.

2. That Council APPROVE the following inclusion to the City’s Purchasing Policy and Tender Guide: “When a consultant is required to provide services over the value of the delegated authority limit, Council must approve the brief prior to engaging consultants or calling tenders, except where tenders involve period supply contractors. In these cases, briefs are to be prepared and presented to Council for approval before consultants are engaged pursuant to those period supply contracts.”


271

ATTACHMENT TO ITEM 11.1 - ANNUAL REVIEW OF DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER 2008/2009


272


273


274


275


276


277


278


279


280


281


282


283

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 NOTICE OF MOTION - COUNCILLOR COLLINS: DEMOLITIONS Councillor Collins submitted the following notice of motion prior to the Council meeting held 1 September 2009:- “That a report be presented to the Planning and Development Committee Meeting detailing:-

(i) the legal requirements for contractors undertaking demolition within the City; the City’s practice in monitoring and enforcing legal compliance of contractors; any recommendations for strengthening legal compliance and safe practice by contractors that the City can implement.

Background Information/Reason for Motion (provided by Councillor Collins) Since being elected I have received a number of complaints from residents about not being made aware of an impending demolition of a neighbouring dwelling. Residents have raised concerns of asbestos, dust, noise and loose flying debris. They advise me that had they been given notice of the demolition then they would have ensured all windows were closed, air conditioners turned off and covers placed over pools. They also advise they would not have started or left their washing on the line or let their children, some of whom are asthmatic play outside. In areas of infill within neighbouring dwellings very close to or abutting a property with a dwelling to be demolished, the problem is particularly acute. The problem is also increasing in older commercial areas with large buildings being demolished. Requiring a contractor to provide not less then 7 days notice to the City and all dwellings adjoining the property to be demolished nominating the date and time of demolition as a condition of the issue of a demolition licence would go a long way to addressing these concerns. If demolition does not occur on the nominated day then a further 7 days notice should be required. Knowing the date and time of demolition, neighbours can make appropriate precautions and the City could undertake random inspections to ensure compliance rather than just acting on neighbour complaints. Following a process where all buildings for demolition containing asbestos are identified by way of statutory declaration well before the demolition stage, during the application stage , ensures that proper process for removal and transport cab be followed. Accordingly, the contractor should be required to provide a statutory declaration as to the existence or not of asbestos in the property as of any demolition application. It would also be appropriate that the contractor be required to provide a statutory declaration upon completion of the demolition that the demolition took place in accordance with all laws”


284

Report Information

Location: City Wide

Reporting Officer: Manager Approvals

Business Unit: Approvals

Ward: City Wide









Notice of Motion Recommendation

That a report be presented to the Planning and Development Committee Meeting detailing:-

(i) the legal requirements for contractors undertaking demolition within the City; (ii) the City’s practice in monitoring and enforcing legal compliance of contractors

and; (iii) any recommendations for strengthening legal compliance and safe practice by

contractors that the City can implement.

Report Purpose

To determine the merit of preparing a report on the initiatives outlined in the “notice of motion” proposed by Councillor Collins pertaining to demolitions within the City.


285

Relevant Documents

Attachments


Nil.

Background

The City of Stirling has issued an average of 640 demolition licences per annum over the past three years. Demolition licences are controlled within the statutory requirements of the Building Regulations 1989. Matters pertaining to asbestos removal, hours of work, noise and vibration are conditioned as part of a standard demolition licence.

Comment

Residents within the City do have an increasing expectation with regards to their level of amenity and this includes temporary nuisance such as construction and demolition. Whilst it may be possible to investigate the merit of implementing increased controls Council will need to mindful of the resource implications and introduction of more “red tape” in an environment where government is attempting eradicate as much bureaucracy as possible.


There will be staffing resource implications if this initiative were to be adopted. This will require further investigation and would be detailed in a future report.



Objective 5.1: Ensure the City successfully delivers services with a strong focus on its

customers. SI 1.2.3: Facilitate health and wellbeing in the community

Conclusion

On balance the Notice of Motion proposed by Councillor pertaining to increased controls on demolition contractors has sufficient merit to warrant an investigation and preparation of a report to the November Planning and Development Committee.


286

12.2 NOTICE OF MOTION - COUNCILLOR STEWART: STAGE FACILITIES AT THE SCARBOROUGH AMPHITHEATRE

Councillor Stewart submitted the following notice of motion prior to the Council meeting held 1 September 2009:- “That Officers investigate the best option of providing stage facilities as a part of the available infrastructure at the Scarborough Amphitheatre and provide a report to Council before February 2010 so that the matter can be considered as a part of the City’s Annual Budget Review process”

Report Information

Location: Scarborough Amphitheatre

Applicant: Brett Spencer

Reporting Officer: Acting Director Community Development


Ward: Coastal

Suburb: Scarborough









Notice of Motion Recommendation That Officers investigate the best option of providing stage facilities as a part of the available infrastructure at the Scarborough Amphitheatre and provide a report to Council before February 2010 so that the matter can be considered as a part of the City’s Annual Budget Review process.


287

Report Purpose

To determine the merit and provide officer comment of providing a stage facility for Scarborough Amphitheatre as outlined in Councillor Stewart's notice of motion.

Relevant Documents

Attachments


Nil

Background The Scarborough Amphitheatre was completed in December 2006. Many events have occurred since the time of competition however many opportunities have not been realised because of the lack of on-site portable stage facilities. Events that require a stage are likely to incur a significant cost to hire commercial stage builders to erect and provide such equipment, normally in the vicinity or $12-14k depending on the size and structure of the event.

Comment The Scarborough Amphitheatre is a very unique venue and the provision of a stage facility would lead to an increase in the usage of such an iconic facility. It would be cognizant of the City to explore as many options as possible in order to maximise the use of the amphitheatre. If this notice of motion is supported by Council, officers will ensure that all options are explored to provide the most innovative option in relation to the provision of a stage on the sand area in front of the existing amphitheatre.


Nil.


Nil.


There will be staffing resource implications to undertake this report.


288

Strategic Implications Goal 1: To create and develop a responsive and inclusive community that provides

opportunities for all, balancing the competing needs of local and wider communities.

Objective 1.2: Provide and promote activities, programs and services designed to meet the

needs of Stirling's diverse community.

Conclusion The notice of motion proposed by Councillor Stewart is supported as it would maximise the use of the Scarborough Amphitheatre.


289

12.3 NOTICE OF MOTION - SIGNIFICANT TREE REGISTER Councillor Stewart submitted the following notice of motion at the Council meeting held 18 August 2009:- “Given the recent petition relating to a ‘register of trees of significance’ the Officers prepare a report for the appropriate committee”

Report Information

Location: City Wide


Reporting Officer: Manager Economic Development and Urban Regeneration

Business Unit: Economic Development and Urban Regeneration

Ward: City Wide










Notice of Motion Recommendation (refer revised recommendation page 274)

Given the recent petition relating to a ‘register of trees of significance’ the Officers prepare a report for the appropriate committee.


290

Report Purpose

To provide Officer comment on the notice of motion concerning a ‘register of significant trees’ requesting a report on the matter raised at the Council meeting of 18 August 2009.

Relevant Documents

Attachments


Nil.

Background

On the 18 August 2009 Councillor Stewart submitted the following notice of motion: “Given the recent petition relating to a ‘register of trees of significance’ the Officers prepare a report for the appropriate committee”. In order to determine the value in providing a report on a ‘register of trees of significance’ it is necessary to review previous Council resolutions relating to the issue. This includes the previously endorsed staged framework for the Million Trees Initiative (item 11.4/A1 resolution 0908/034) to proceed with implementing the framework. On 6 July 2009, a petition for a vote of no confidence in the City’s environmental management practices was submitted by Mr Wayne Monks. An element of the petition was the City’s lack of tree protection policies on public and private land and the request that the City develop of a register of trees of significance. This petition was considered at the Special Electors Meeting of the 29 July 2009. Council first considered the issue of tree loss on public and private land on 20 November 2007, 'item 11.1/CP2 - Tree Protection and Retention Issues Paper'. This was endorsed by Council and is now known as the "Million Trees Initiative" (in accordance with the Council Resolution of 1 July 2008) and a framework for tree protection has been endorsed by Council. This was outlined in the 2 September 2008 (item 11.4/A1 resolution 0908/034) and 4 November 2008 (item 11.3/PR2 resolution 1108/026) Council reports and stated: Stage One: 2008/09

Part A Engage consultants to undertake vegetation surveys across the whole City to determine (1) total vegetation cover (2) ‘heat sinks’ in terms of major centres of heat production and (3) ‘carbon footprint’ or nett carbon production potential.

Stage Two: 2009/10 and on-going

Part A Engage a second consultant to work with City staff to determine (1) future targets for the increase of vegetation cover and associated strategies and (2) determine the staff resources and other resources that would be needed to plan, design, implement and maintain the new planting sites.


291

Both Stages of the Council endorsed framework above, demonstrate that the City has already commenced a program to develop appropriate strategies for public and private tree retention (which pending completion may include a significant tree register). Trees on Private Land It is not possible for such a register to be developed for private land prior to a baseline vegetation survey being completed to inform the City where and what trees are of significance. Following the 2 September 2008 Council endorsement, the initial estimate of $15,000 for the baseline vegetation survey was deemed to be insufficient due to the complexities in determining carbon value that arose after further investigation into the survey techniques. To progress the project Officers submitted a request for funding of $45,000 during the formulation of the 2009/10 budget. This was however listed as deferred for the 2009/10 financial year and work has been postponed until funding is available. Trees on Public Land There are currently two distinct management practices for trees on public land, one addressing the street verge and street trees and one addressing all other City land. However the common theme between both approaches is the desire to retain trees so far as possible and the view that all trees in the urban landscape are considered significant. Street Trees As reported to the 25 August 2009 meeting of the Infrastructure and Community Development Committee, the City of Stirling recognises the value of street trees in the urban environment and is committed to ensuring that they are given due consideration, with an emphasis on retention where possible, in the planning and design of the City’s streetscapes. The City currently manages street trees according to the Street Tree Management Plan, a strategic document that identifies opportunities to both retain and increase the number of street trees and provide a strategy for the replacement of trees when and where necessary. The City consider all street trees as ‘significant’ and at present is undertaking an audit of street trees in the suburbs of Mount Lawley, Menora and Coolbinia. This audit will assess a range of tree characteristics including species, height, density, health and management actions required to ensure long term survival in the streetscape (as reported to the 25 August 2009 meeting of the Infrastructure and Community Development Committee). The future management of street trees should be undertaken in line with an updated Street Tree Management plan which recognises the “Helliwell” tree evaluation system. This will ensure that the community’s expectations and needs are met in terms of a structured framework for retaining and placing a value on street trees. To commence community awareness raising regarding the value of street trees the City recently introduced the Verge Permit process which requires anyone using the verge and area surrounding street trees to install a tree protection barrier and pay a bond. Progress on the street tree management document and the tree valuation method will depend on decisions made at the meeting of Council to be held on the 1 September 2009. Trees on Public Open Space The City currently manages trees within public open space areas with the view that all trees are ‘significant’. To ensure community safety and high quality ‘green’ urban environment is retained, trees are regularly subject to a risk assessment process with a view to retaining as many trees as possible. Therefore trees within the public open space realm are considered adequately managed and protected for the future under this process.


292

Overall for the City to introduce any significant tree register a comprehensive baseline vegetation survey is required to base informed decision making relating to tree protection measures. On the 10 August 2009 a Councillor workshop was held outlining the progress on the Million Trees Initiative including the need to fund the Stage One – baseline vegetation survey and the bulk re-vegetation program of plantings that is under way.

Comment

As noted in the 2 September 2008 Council report compilation of baseline vegetation data is an essential first step to establish the coverage, distribution, and characteristics of trees in the City which would then be used to determine suitable targets and strategies for protection and retention. It is not possible to develop a significant tree register or other tree protection measures without first determining trees of significance exist across the City. Should Council endorse the expenditure of $45,000 from the 2009/10 mid year budget review to undertake the Stage One Baseline vegetation survey, the next step would be to engage a suitably qualified consultant to assess the findings and prepare a strategy on public and private land tree protection. The proposed report would outline the advantages and disadvantages for the City in implementing targets and strategies involved such as tree protection orders and or a register significant tree register. This can be done with reference to other local governments where such strategies have been introduced with a particular regard to liability issues so that Council is fully informed before introducing new strategies to protect and retain trees on public and private land. Further the extent to which other Councils across Australia have encountered objections and opposition to such registers and schemes provides a point for Council deliberation prior to determining whether a ‘register of trees of significance’ should be established or not. The consideration of targets and tree protection strategies including a significant tree register would be the subject of a separate report presented to Council for consideration and would also need to outline the resourcing requirements of such an initiative including additional staff resources, legal advice, extensive promotions, advertising and community consultation. Should the $45,000 be approved by Council during February 2010, as part of the 2009/10 mid year budget review, it is anticipated the first report outlining the findings of the baseline vegetation survey would be presented to Council during June 2010. Should Council approve funds in the 2010/11 budget and a to enable a suitably qualified consultant to be engaged, it is anticipated that a second report outlining potential tree protection strategies and targets could be presented to Council in October 2010 for endorsement. The range of issues and potential implications for the City of introducing a ‘register of significant trees’ are too complex to simply implement this without due data analysis and research.


Should Council wish to develop a significant tree register (or similar approach to legislating public and private tree retention) the City first needs to undertake Stage one – baseline vegetation survey under the Million Trees Initiative. This would require funding of $45,000 at the 2009/10 mid year budget review. Following completion of the vegetation survey the City would need to engage a suitably qualified consultant to determine a range of strategies and targets for tree retention at an anticipated cost of $50,000. Additional resourcing requirements may include two additional suitably qualified full time staff members at a cost of $140,000. These funds could be listed on the 2010/11 draft budget for Council consideration in the appropriate Business Unit.


293



Objective 2.1: Position the City as a flagship of sustainable urban local government,

encouraging innovative, creative and inspirational built form and infrastructure. SI 2.1.3: Develop a framework to manage the City’s urban landscapes (including street

trees) The Million Trees Initiative also aligns with several other key strategic documents including: • Sustainability Policy

o principle seven – conserving biological diversity and ecological integrity o principle six – acting with precaution o principle nine – planning for the common good of all preserving resources

• Green Plan 2 • Local Biodiversity Strategy • Local Greenhouse Action Plan • Integrated Water Cycle Strategy (incorporating Groundwater Conservation, Stormwater

Management and Wastewater Reuse)

Conclusion

Council have previously endorsed a staged framework for the development of tree protection measures, this is known as the Million Trees Initiative and commenced during 2009. Stage One – baseline vegetation survey of the program was placed on hold due to insufficient funding and has resulted in no action being taken on the development of any tree retention mechanisms (such as a significant tree register). This is one potential strategy aimed at tree protection and should be considered when already planned data and research is completed.

Suggested Alternative Recommendation

1. That Council NOTE a report relating to a ‘register of trees of significance’ is not required at this time

2. That Council CONSIDER $45,000 funding for Stage One – baseline vegetation survey in the 2009/10 mid year budget review

Reason for Alternative Recommendation As noted in the report above, the development of any further strategies for tree retention on public and private land (including a potential significant tree register) is not possible until the completion of a baseline vegetation study. At this time, a report to Council relating to a register of significant trees is not recommended, until the Stage One baseline vegetation study has been completed upon which an informed approach could be developed and presented to Council. As noted the Stage One baseline vegetation survey will only be possible pending funding at the 2009/10 mid year budget review.


294

13. NOTICE OF MOTION FOR CONSIDERATION AT THE NEXT MEETING Nil.

14. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil.

15. NEW BUSINESS OF AN URGENT NATURE Nil.

16. MATTERS BEHIND CLOSED DOORS Nil.

17. CLOSURE The Mayor to declare the meeting closed.