ordinary meeting of council - shire of peppermint …€¦ · minutes of the shire of peppermint...

SHIRE OF PEPPERMINT GROVE

ORDINARY MEETING OF COUNCIL

MINUTES

HELD ON THE

27 March 2012

2

Shire of Peppermint Grove

TABLE OF CONTENTS

27 March 2012

ITEM SUBJECT HEADING PAGE

NOTICE OF MEETING

1. DECLARATION OF OFFICIAL OPENING .......................................................................... 4

2. RECORDING OF ATTENDANCE, APOLOGIES & LEAVES OF ABSENCE...................... 4

2.1 ATTENDANCE.................................................................................................................... 4

2.2 APOLOGIES ....................................................................................................................... 5

2.3 LEAVES OF ABSENCE ...................................................................................................... 5

2.4 NEW REQUESTS FOR LEAVES OF ABSENCE ................................................................ 5

3. DELEGATIONS & PETITIONS ........................................................................................... 5

3.1 DELEGATIONS .................................................................................................................. 5

3.2 PETITIONS ......................................................................................................................... 5

4. PUBLIC QUESTION TIME .................................................................................................. 5

4.1 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE ........................................ 5

4.2 QUESTIONS FROM MEMBERS OF THE PUBLIC ............................................................. 5

5. DECLARATIONS OF INTEREST........................................................................................ 6

5.1 FINANCIAL & PROXIMITY INTERESTS ............................................................................ 6

5.2 DISCLOSURES OF INTEREST THAT MAY CAUSE A CONFLICT ................................... 6

6. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION).............. 6

7. CONFIRMATION OF MINUTES .......................................................................................... 6

7.1 ORDINARY COUNCIL MEETING (20 DECEMBER 2011) .................................................. 6

7.2 SPECIAL COUNCIL MEETING .......................................................................................... 6

7.3 AGENDA BRIEFING FORUM (14 FEBRUARY 2012) ........................................................ 6

8. CHIEF EXECUTIVE OFFICER REPORTS .......................................................................... 7

8.1 URBAN PLANNING ............................................................................................................ 7

8.1.1 APPLICATION FOR ATTACHED GARAGE, LOTS 102 & 35 (14) KEANE STREET PEPPERMINT GROVE (RECONSIDERATION).

8.1.2 APPLICATION FOR AMENDMENT (INCREASED HEIGHT) FOR WIND TURBINES LOT 501 (No.1)

LEAKE STREET, PEPPERMINT GROVE.

8.2 INFRASTRUCTURE ......................................................................................................... 15

8.3 COMMUNITY DEVELOPMENT ........................................................................................ 15

8.4 MANAGEMENT / GOVERNANCE / POLICY .................................................................... 15

8.5 CORPORATE ................................................................................................................... 16

ORDINARY COUNCIL MEETING 27 March 2012

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8.5.1 ACCOUNTS FOR PAYMENT - JANUARY 2012 8.5.2 ACCOUNTS FOR PAYMENT - FEBRUARY 2012 8.5.3 ANNUAL BUDGET REVIEW FEBRUARY 2012 8.5.4 COMPLIANCE AUDIT RETURN 8.5.5 CONSTRUCTION/REPLACEMENT OF FENCE ON CEDED LAND ADJOINING RIGHT-OF-WAY,

LOT 48 LEAKE STREET, PEPPERMINT GROVE.

9. DELEGATES REPORTS .................................................................................................. 37

10. NEW BUSINESS OF AN URGENT NATURE ................................................................... 37

11. MOTIONS ON NOTICE ..................................................................................................... 37

12. CONFIDENTIAL ITEMS OF BUSINESS ........................................................................... 37

13. CLOSURE 37

ORDINARY COUNCIL MEETING 27 March 2012

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SHIRE OF PEPPERMINT GROVE

Minutes

27 MARCH 2012

Minutes of the Shire of Peppermint Grove Ordinary Meeting of Council held at 1 Leake Street, Peppermint Grove Council Chambers on Tuesday 27 March 2012.

1. DECLARATION OF OFFICIAL OPENING The Shire President declared the meeting open at 5.31pm and requested that the Affirmation of Civic Duty and Responsibility be read aloud by a Councillor and requested the recording of attendance and apologies. The Post and Western Suburbs Weekly papers indicated that they were recording the meeting.

Cr Wittenoom read the affirmation.

Affirmation of Civic Duty and Responsibility I make this Affirmation in good faith on behalf of Councillors and Officers of the Shire of Peppermint Grove. We collectively declare that we will duly, faithfully, honestly, and with integrity fulfil the duties of our respective office and positions for all the people in the district according to the best of our judgment and ability. We will observe the Shire’s Code of Conduct and meeting procedures to ensure the efficient, effective and orderly decision making within this forum.

2. RECORDING OF ATTENDANCE, APOLOGIES & LEAVES OF ABSENCE

2.1 ATTENDANCE Shire President Cr R Thomas Deputy Shire President Cr C Hohnen Councillor Cr K Farley Councillor Cr G Peters Councillor Cr C Wittenoom Councillor Cr D Horrex Chief Executive Officer Mrs A Banks-McAllister Manager of Development Services Mr D Chidlow Manager of Corporate Services Mr J Roberts Manager of Library Services Ms D Burn Executive Officer Ms M Croll

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2.2 APOLOGIES

Councillor Cr S Fleay

2.3 LEAVES OF ABSENCE

Nil

2.4 NEW REQUESTS FOR LEAVES OF ABSENCE

Cr Farley requested a leave of Absence from the April Agenda Briefing Forum & Concept Forum. MOTION Moved Cr Hohnen, Cr Wittenoom That Cr Karen Farley be granted a leave of Absence from the April Agenda Briefing Forum & Concept Forum.

CARRIED UNANIMOUSLY

3. DELEGATIONS & PETITIONS

3.1 DELEGATIONS

Nil

3.2 PETITIONS

Nil

4. PUBLIC QUESTION TIME 4.1 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE

Mr David Millar – 11 Leake Street addressed Council with the below questions:

1) I am addressing council as I have had no written response to my letter to the CEO on 24th Feb concerning Leake St parking.

2) Parking in the western end of Leake St is now impossible as all the street

parking is taken between 8am and S.30pm leaving no spaces for residents and their visitors.

3) This is not a problem that has gradually built up and requires a long term

solution but one specifically caused by Cottesloe Central withdrawing parking rights for one of their tenants customers (namely the Beauty School). It requires an immediate solution.

4) Today at 11am I counted 45 empty bays at Cottesloe Central whilst no

streetside parking was available west of Hurtsford Place.

5) If the Council is unable to pressure the Shopping Centre to fulfill their obligations they need to impose 3hr parking with residents permits in Leake St up to View St so the problem is not just shifted up the street.

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6) I believe the Council is planning to impose 3hr parking in it's own parking bays beneath the library so this is an appropriate time to solve not just your problem but also the residents parking problems rather than add to them with the overflow from the library.

The CEO responded to the questions, however a full response will be included in the next Council Agenda and a response will be sent to Mr Millar.

4.2 QUESTIONS FROM MEMBERS OF THE PUBLIC

Nil

5. DECLARATIONS OF INTEREST

5.1 FINANCIAL & PROXIMITY INTERESTS

Cr Greg Peters – 8.1.2 – the nature of the interest being Proximity as he lives next door to the property. Cr Karen Farley – 8.5.5 - the nature of the interest being Proximity as she lives next door to the property.

5.2 DISCLOSURES OF INTEREST THAT MAY CAUSE A CONFLICT Nil

6. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)

Nil

7. CONFIRMATION OF MINUTES

7.1 ORDINARY COUNCIL MEETING (28 FEBRUARY 2012)

Recommendation Moved Cr Hohnen Seconded Cr Horrex That the Notes of the Ordinary Council Meeting held on Tuesday 28 February 2012 be confirmed as a true and accurate record of proceedings.

CARRIED UNANIMOUSLY 7.2 SPECIAL COUNCIL MEETING (NIL)

Nil

7.3 AGENDA BRIEFING FORUM (13 MARCH 2012) Recommendation

Moved Cr Horrex Seconded Cr Hohnen That the Notes of the Agenda Briefing Forum held on Tuesday 13 March 2012 be confirmed as a true and accurate record of proceedings.

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CARRIED UNANIMOUSLY

8. CHIEF EXECUTIVE OFFICER REPORTS An Action sheet was distributed to Elected Members following the Agenda Briefing Forum 13 March 2012.

8.1 URBAN PLANNING 8.1.1 APPLICATION FOR ATTACHED GARAGE, LOTS 102 & 35 (14) KEANE STREET

PEPPERMINT GROVE (RECONSIDERATION). ATTACHMENT DETAILS

Attachment No Details Attachment 1 – Item 8.1.1 refers 14 Keane Street Plans Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 14 Keane Street Application Index : 011-08 TPS No 3 Zoning : R 12.5 Land Use : Single Dwelling Lot Area : 1067+743 = 1810m2 Disclosure of any Interest : Nil Previous Items : November 2011 Applicant : Cambuild (P Romiti) Owner : B Wood Responsible Officer : David Chidlow, Manager Development Services COUNCIL ROLE

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 eg. 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 affect 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.

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PURPOSE OF REPORT The purpose of this report is to advise Council on the reconsideration of an application for an attached garage. SUMMARY AND KEY ISSUES

LOCATION Plans Attached BACKGROUND

This application was considered at the November 2011 Council meeting. Council approved some minor additions that did not impact on neighbours, however the proposed pool house and garage with nil setbacks were referred back for further information.

COUNCIL DECISION 288/NOV11 1. That Council grant planning approval for minor additions (en suite 2 as detailed in

the site plan, meals/porch) to the main house at lots 102 and 35 (12 & 14) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted 12 October 2011.

2. That plans for an outbuilding (pool house) and for a garage with nil setbacks be referred back to the Manager, Development Services, for further information on the impact on amenity for neighbouring properties.

The applicant has submitted a redesign that removes the pool house and relocates the swimming pool to the west side of the dwelling. Other minor amendments to the internal of the dwelling have been made. These amendments would not normally require planning approval.

Garage The proposed garage replaces an existing carport with nil setback. The proposed garage will have a wall of 3.2 m in height and ridge of 4.9 m. The existing carport is 2.45 m in height at the edge and 3.8m at the ridge. The existing length is 5.2 m in length, The new garage will be 2.4 m wider. CONSULTATION

The neighbour impacted by the garage has been advised of the amended plans and invited to make comment. They have been advised that the amended plan is compliant with the Residential Design Codes. Any feedback will be provided to Councillors prior to the meeting.

In November 2011 Council approved minor additions to the dwelling and sought more information on the proposed pool house and garage.

The applicants have submitted an amended plan deleting the pool house. Application is now sought for an attached garage compliant with the Residential Design Codes.

This report recommends approval.

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STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS Crossovers and Street Trees No trees or crossovers are impacted by this development. STATUTORY IMPLICATIONS Heritage

The existing dwelling is listed on the Shire’s Heritage Inventory under category 1. There is no significant impact on the dwelling from this proposal. Category 1 - Buildings which due to their character create the atmosphere of Peppermint Grove, therefore should be retained, but may be altered and extended in a manner which is both discreet and sympathetic to the original fabric and character so that a significant proportion of the original building is retained and from the Street the additions are seen to be a continuation of the same fabric and character. It is noted that the additions are minor and will match the colour and fabric of the existing altered dwelling. Plot Ratio

The plot ratio will be 0.43 (for the single lot) which complies with the requirements of the Scheme which prescribes a maximum plot ratio of 0.5 under clause 4.9.5 of the Scheme. Open Space

With the removal of the pool house and the reduced garage setback the open space will be 55% (for the single lot) which complies with a 55% minimum required under the Residential Planning Codes. Streetscape

Streetscape is not significantly impacted as the proposed garage encloses an existing carport. FINANCIAL IMPLICATIONS

Approval will provide income by way of building licence fees. Development of the site will also provide increased rate income. Should the applicant decide to appeal the decision or conditions of approval for this application, costs may be incurred in defending the decision. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS

There are no social implications at this time.

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OFFICER COMMENT

The amended plans comply with the Residential Design Codes. The application is recommended for approval. OFFICER RECOMMENDATION

That Council grant planning approval for a garage at lots 102 & 35 (12 & 14) Keane Street, Peppermint Grove in accordance with plans submitted 2 March 2012. MOTION Moved Cr Farley, Seconded Cr Wittenoom That Council grant planning approval for a garage at lots 102 & 35 (12 & 14) Keane Street, Peppermint Grove in accordance with plans submitted 2 March 2012.

CARRIED UNANIMOUSLY

COUNCIL DECISION 313/MAR12 That Council grant planning approval for a garage at lots 102 & 35 (12 & 14) Keane Street, Peppermint Grove in accordance with plans submitted 2 March 2012.

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Cr Peters left the room at 5.44pm. 8.1.2 APPLICATION FOR AMENDMENT (INCREASED HEIGHT) FOR WIND TURBINES LOT

501 (No.1) LEAKE STREET, PEPPERMINT GROVE ATTACHMENT DETAILS

Attachment No Details Attachment 2 – Item 8.1.2 refers 1 Leake Street Plans

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 1 Leake Street Application Index : 008-428 TPS No 3 Zoning : Parks and Recreation Land Use : Open Space Lot Area : 3062m2 Disclosure of any Interest : Nil Previous Items : June and July 2010 Council meetings Applicant : Cox, Howlett, Bailey, Woodland Architects Owner : Crown land Responsible Officer : David Chidlow, Manager Development Services COUNCIL ROLE






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PURPOSE OF REPORT The purpose of this report is to advise Council on the proposed height increase of the two wind turbines at the Grove precinct corner of Stirling Highway and Leake Street.

LOCATION

Plans Attached BACKGROUND

Council granted planning approval for the two existing wind turbines in July 2010. The Council resolved;

That Council grant planning approval for two wind turbines at Lot 501 (No.1) Leake Street, Peppermint Grove in accordance with the plans submitted on 10 June 2010 subject to:

a) Main Roads WA approval and conditions of approval. b) Compliance with the specified sound pressure/power levels as specified in the

application.

The units were installed late in 2010 as there was a delay in parts arriving from overseas. The electrical components were installed and commissioned later in early 2011. It was noted that the units did not rotate except in strong winds and also only when in a particular direction. It was later found that the height of the units should have been at least twice the height of the surrounding trees. It is a matter of dispute as to who is responsible for the incorrect installation, however the installer and builder have agreed to share the cost of increasing the height. There will be no cost to the Shire or project. The architect has advised that there is no guarantee that the units will perform at peak power generation levels as the location is within an urban environment. For the units to function at peak levels they are required to be installed in a rural/open setting. The project has always recognised that the wind turbines are part of the demonstration of the ESD features of the building. CONSULTATION

In accordance with Council’s Policy Advising Adjoining Owners on Development Proposals Policy the development was advertised in accordance with the policy for 14 days. The proposal was also advertised to Main Roads WA for comments. Any feedback will be provided to Councillors prior to the meeting.

SUMMARY AND KEY ISSUES

In July 2010 Council approved the two wind turbines.

The turbines have failed to provide any significant power as they were installed too low for the locality. The Architects and installers have recommended an increased height from 7 metres to 13 metres.

This report recommends the amended height increase be approved with conditions.

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STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS The most significant planning issue is potential noise levels generated from the wind turbines and any nuisance that may be caused. The location of the units close to the highway and commercial/retail area will cause least disturbance than any other location on the site. The units specifications have been acoustically assessed by an acoustician from AECOM and have been deemed to comply with noise standards. There should be no change in acoustic levels above the designed performance levels. FINANCIAL IMPLICATIONS There will be no cost to the Shire or project as these are being met by the builder and installer. ENVIRONMENTAL IMPLICATIONS

There are no environmental implications at this time. SOCIAL IMPLICATIONS

There are no social implications at this time. OFFICER COMMENT

The only change with this application will be the appearance of the turbines due to increased height. This is not expected to impact on any residential properties. The increased height will make the turbines more visible from the roadway. This is a desirable outcome that will further identify the Grove Precinct. The application has been referred to Main Roads WA for any comment/conditions. There were no conditions previously applied by Main Roads for the existing development. OFFICER RECOMMENDATION

That Council grant amended planning approval for two wind turbines at Lot 501 (No.1) Leake Street, Peppermint Grove in accordance with the plans submitted on 10 January 2012 subject to:

a) Any amended Main Roads WA conditions of approval. b) Compliance with the specified sound pressure/power levels as specified in the

application. MOTION

Moved Cr Farley, Seconded Cr Hohnen

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application.

CARRIED UNANIMOUSLY

COUNCIL DECISION 314/MAR12



application.

Manager Development Services clarified that the 13m height refers to the pole height as shown on the submitted plans. The total height of the top of the turbines is 14.5 metres. There is no change to the recommendation as the plans submitted on 10 January 2012 show the pole height at 13m. Cr Peters returned to the room at 5.55pm.

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8.2 INFRASTRUCTURE

Nil

8.3 COMMUNITY DEVELOPMENT

Nil

8.4 MANAGEMENT/GOVERNANCE/POLICY

Nil

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8.5 CORPORATE

8.5.1 ACCOUNTS FOR PAYMENT – JANUARY 2012 ATTACHMENT DETAILS

Attachment No Details

Attachment 1 – Item 8.5.1 refers Accounts for Payment - January 2012

Voting Requirement : Simple Majority Subject Index : ACC3 Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : Nil Previous Items : Nil Applicant : N/A Owner : N/A Responsible Officer : John Roberts, Manager Corporate Services COUNCIL ROLE

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.



Quasi-Judicial When Council determines an application / matter that directly affect 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 (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT The purpose of this report is to obtain approval for cheques, electronic funds payments and direct debits drawn since the last report and accounts now presented for payment.

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SUMMARY AND KEY ISSUES Significant payments in December 2011 included the following:

Clean City - $7,164.37 & $10,764.73 – Valet bin service and toilet cleaning.

FESA – $73,951.42 - Emergency Service Levy payment Quarter 2.

Erections (WA) $7,848.50 – Installation of Handrails and bollards at the foreshore.

Perthwaste – $19,702.44 Waste collection Services, December

Urbis $4,910.07 – Town Planning Scheme

Australian Tax Office - $51,293.00 - PAYG

Woodhouse Legal – $32,725.00 – legal fees.

WA Local Government Superannuation - $19,694.81 – January 2012

Intertech - $5,425.75 – website upgrade

Synergy - $14,503.25

LOCATION

N/A BACKGROUND Attachment 1 lists details of all cheques drawn since the last report and accounts now presented for payment. The following summarises the cheques, electronic fund transfers, direct debits and accounts included in the list presented for payment. MUNICIPAL FUND PAYMENT TYPE AMOUNT

Direct Debit Fees & Leases

Electronic Funds Transfers 5649 – 5717 (Inclusive)

Cheque number 10635– 10641 (Inclusive)

Direct Debit 3837.1

TOTAL MUNICIPAL FUND $319,558.38 TRUST FUND PAYMENTS $1,000.00 TOTAL $320,558.38 CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time.

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POLICY IMPLICATIONS

There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS There are no specific statutory requirements in respect to this matter. FINANCIAL IMPLICATIONS The payments processed by the Shire relate to expenditure approved in the 2011/2012 Annual Budget. ENVIRONMENTAL IMPLICATIONS


There are no social implications at this time. OFFICER COMMENT Payments for January included payments for regular operational materials and services, FESA ESL payment, waste collection, website upgrade, legal fees and capital works.

OFFICER RECOMMENDATION

That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved. MOTION

Moved Cr Wittenoom, Cr Hohnen That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.

CARRIED UNANIMOUSLY COUNCIL DECISION 315/MAR12

That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.

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8.5.2 ACCOUNTS FOR PAYMENT – FEBRUARY 2012

ATTACHMENT DETAILS


Attachment 1 – Item 8.5.2 refers Accounts for Payment - February 2012




e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.



Quasi-Judicial When Council determines an application / matter that directly affect 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 (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT

The purpose of this report is to obtain approval for cheques, electronic funds payments and direct debits drawn since the last report and accounts now presented for payment.

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Significant payments in February 2012 included the following:

Charles Cleaning - $14,357.10 – Cleaning services for December & January.

Clean City - $5,492.36 – Valet bin service and toilet cleaning.

Perthwaste – $18,220.61 - Waste collection Services.

PPS. - $5,802.98 – Library and Shire Offices IT support.

UHY Haines Norton - $11,275.00 – Audit Services 2010/2011.

WA Electoral Commission - $9,369.86 – October Election costs.

Western Metropolitan Regional Council - $23,906.03 Tip Fees for November.

Woodhouse Legal – $5,010.50 – legal fees.

WA Local Government Superannuation - $19,837.04.

Synergy - $10,771.40 – Electricity costs.

LOCATION

N/A BACKGROUND Attachment 1 lists details of all cheques drawn since the last report and accounts now presented for payment. The following summarises the cheques, electronic fund transfers, direct debits and accounts included in the list presented for payment. MUNICIPAL FUND PAYMENT TYPE AMOUNT

Direct Debit Fees & Leases

Electronic Funds Transfers 5718 – 5786 (Inclusive)

Cheque number 10643 – 10646 (Inclusive)

Direct Debits 3860.1 & 3881.1

TOTAL MUNICIPAL FUND $207,785.06 TRUST FUND PAYMENTS $NIL TOTAL $207,785.06

CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time.

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POLICY IMPLICATIONS

There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS

There are no specific statutory requirements in respect to this matter. FINANCIAL IMPLICATIONS

The payments processed by the Shire relate to expenditure approved in the 2011/2012 Annual Budget. ENVIRONMENTAL IMPLICATIONS



Payments for February 2012 included payments for regular operational materials and services, cleaning services, audit services, election costs, and legal fees.

OFFICER RECOMMENDATION

That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved. MOTION

Moved Cr Farley, Seconded Cr Hohnen That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.

CARRIED UNANIMOUSLY


That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.

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8.5.3 ANNUAL BUDGET REVIEW – JANUARY 2012 ATTACHMENT DETAILS


Attachment 1 – Item 8.5.3 refers Annual Budget Review - January 2012





eg. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.




PURPOSE OF REPORT The purpose of this report is to review the 2011/2012 budget.

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The attached Statement of Financial Activity provides actual figures to January 2012 and projected actuals to 30 June 2012. The first 6 months of the financial year have been challenging. A number of issues have had a negative impact, these are:

The need to defend a legal action against the Shire by the Cottesloe – Peppermint Grove Bowling Club. Significant financial resources have been spent on legal fees.

Costs relating to the continuation of the valet bin service requiring the use of contractors who have also undertaken cleaning of public toilets and BBQ facilities.

A larger than anticipated deficit brought forward from 2010/2011. This has increased pressure on Council and administration staff to return the budget to a balanced position at 30 June 2012.

Strategies implemented to reduce the impact of these factors have included:

Delaying the recruitment of staff where possible without any detriment to service quality.

Reducing operational expenditure by deferring projects and purchases where possible.

Implementation of these strategies will not attain sufficient savings in a relatively small budget and the projected actual figures to 30 June 2012 indicate a deficit of $46,834.

LOCATION

N/A BACKGROUND

The Annual Budget Review is provided for the period ended to 30 June 2012. CONSULTATION

Nil STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS

Local Government (Financial Management) Regulation 33A requires a local government to undertake a budget review. This review is to take place between 1 January and 31 March each year. A report on the result of the review is to be presented to Council for adoption after which a copy of the review is to be forwarded to the Department of Local Government.

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The Shire is required to establish materiality levels for reporting on variances between actual figures and budget figures. It is recommended Council adopts a materiality level of 10% and/or $10,000 to report on variances between actual, projected actual and budget figures in the Budget review in accordance with Regulation 34(5) of the Local Government (Financial Management) Regulations 1996. FINANCIAL IMPLICATIONS

The Budget review indicates the Shire will finish the 2011/12 financial year with a deficit of $46,834. ENVIRONMENTAL IMPLICATIONS


There are no social implications at this time. OFFICER COMMENT The Senior Management Team has been extensively involved in the budget review, both individually and collectively. The attached Financial Activity Statement indicates revenue and expenditure amounts projected to 30 June 2012, based on actuals at 31 January 2012. Operating Revenue is predicted to be $62,278 or 4% below the adopted revenue budget. Operating Expenditure is predicted to be $122,707 or 3% under the adopted expenditure budget. Capital Expenditure is predicted to be $11,705 or 3% over the adopted budget. The major variances identified in the review are summarised in the table below. It is proposed to adjust the 2011/2012 Adopted Budget by the amounts shown below. The impact of these adjustments will result in a projected deficit of $46,834 at 30 June 2012. Please note: In the following table negative amounts indicate additional revenue or savings. Positive amounts indicate reduced revenue or additional expenditure.

Comment $ Variance

Revenue

Additional interest - earned on reserve investments. (9,000)

Interest on municipal funds invested - lower than anticipated. 14,000

Reimbursements - estimated to be lower than originally budgeted. 22,000

An exercise equipment grant will not be received. (Expenditure reduced by corresponding amount).

30,000

Library photocopier charges - additional revenue from increased usage. (3,000)

Library fine income – more fees collected than anticipated. (2,000)

Other income - there was an overestimation of income from Claremont for the accommodation in the Library.

28,000

Donations to library - $5,000 from an anonymous donor and $5,000 from Friends of the Library.

(10,000)

Grants for plaques – a grant for installation of heritage plaques will not be received.

3,000

Development Applications – activity lower than anticipated. 5,000

Other charges – Parks. 3,500

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Contributions - Other Cultural special projects. 3,500

Parking fines & penalties - income is projected to increase. (5,000)

BCITF fees - an increase in fees collected by the Shire as agent. (20,000)

Total revenue – a negative variance 60,000

Expenditure

Governance administration costs - additional charge due to higher than budgeted administration overheads.

49,500

Administration staff employee costs. (18,000)

Insurance - premiums lower than estimate. (8,000)

Office equipment maintenance - photocopying cost higher than budget. 8,000

Office expenses - recruitment and appraisal costs not budgeted. 15,800

Lease charges. (5,000)

Legal fees - higher than budget due to defence of the Bowling Club action. 80,000

Computer development - higher than anticipated cost of IT maintenance. 10,000

Consultant fees - savings due to lower than anticipated use of consultants. (31,000)

Administration costs allocated - an increase in overheads allocated as a result of higher than estimated administration costs.

(115,170)

Recycling program - additional costs allocated for the valet service.. 23,000

Special rubbish removal - savings in this program due to lower than estimated use.

(6,000)

Refuse collection - additional costs due to the contracting of the valet service. 8,000

Bin replacement - a larger than anticipated number of old stock wheelie bins have been replaced.

6,800

Municipal Heritage inventory – a grant not now being sought. This grant represents 50% grant and a Shire 50% contribution.

(6,000)

Foreshore Heritage area -reduced activity due to vacancy in workforce. (10,000)

Keane’s Point Reserve – general maintenance. Higher level than anticipated. 8,000

Keane’s Point – Public Conveniences. Higher cost due to contracted cleaning service.

6,800

Boardwalk consultancy. Project deferred. (20,000)

Manners Hill Park – General Maintenance. Savings due to reduced workforce. (15,000)

Manners Hill Park – Public Conveniences. Higher cost due to contracted cleaning service.

5,000

Parks & Gardens – General Maintenance. Savings due to reduced workforce. (7,300)

Library Employee costs. carried a vacancy (Youth Librarian) and was able to fill the roster due to assistance from Claremont staff, so not so high a reliance on relief and casual staffing.

(36,000)

Library building maintenance - unforseen costs such as lift maintenance

6,000

Library insurance – insurance cost higher than budgeted. 5,000

New books. with extra opportunities for browsing, more emphasis on wider range of magazines; aggregate amount for purchase of library resources (New Books + Magazines and newspapers) remains the same.

(13,000)

Magazine & newspapers. 13,000

Library minor equipment. – the increase is due to expenditure of donated funds on library furniture.

14,000

Library staff training - staff training and development has been in “catch up” mode after two years of transition from the old facility to the new, with many opportunities taken up by all staff this year.

3,000

Roads General maintenance - savings due to reduced workforce. (21,000)

Street Cleaning - savings due to reduced workforce. (28,000)

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Footpaths – General maintenance. Savings due to reduced workforce. (10,000)

Street lighting - level of cost increase lower than budgeted. (6,500)

Traffic signs - savings due to reduced workforce. (7,000)

Depot maintenance - savings due to reduced workforce. (12,000)

Right of way maintenance - savings due to reduced workforce. (14,000)

Traffic management - savings due to reduced workforce. (15,000)

BCITF levies – an increase in the payment of fees collected by the Shire as agent.

20,000

Total Expenditure – a positive variance. (120,770)

Capital expenditure – Completion of Keane’s Point works. Funding from Reserves and carried forward RCLIP grant funds.

11,705

Transfers to Reserves – additional investment interest 10,000

Transfers from Reserves – Public Open Space funding Keane’s Point works.

(2,540)

Adjustment to the opening funds in respect of the 2010/11 end of year deficit brought forward being higher than budget.

88,098

The impact on closing funds will be a deficit of $46,834 at the 30 June 2012 as a consequence of the variances listed above. OFFICER RECOMMENDATION

a) Council adopt the review of the 2011/2012 budget with the variations listed above for

the period 1 July 2011 to 30 June 2012 and amend the budget accordingly. b) Under Regulation 34(5) of the Local Government (Financial Management) Regulations

1996 Council adopts a materiality level of 10% and/or $10,000 to report on variances between actual, projected actual and budget figures in the Budget review.

MOTION

Moved Cr Peters, Seconded Cr Horrex

a) Council adopt the review of the 2011/2012 budget with the variations listed above for the period 1 July 2011 to 30 June 2012 and amend the budget accordingly.

b) Under Regulation 34(5) of the Local Government (Financial Management) Regulations

1996 Council adopts a materiality level of 10% and/or $10,000 to report on variances between actual, projected actual and budget figures in the Budget review.

CARRIED UNANIMOUSLY

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a) Council adopt the review of the 2011/2012 budget with the variations listed above for the period 1 July 2011 to 30 June 2012 and amend the budget accordingly.

b) Under Regulation 34(5) of the Local Government (Financial Management)

Regulations 1996 Council adopts a materiality level of 10% and/or $10,000 to report on variances between actual, projected actual and budget figures in the Budget review.

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8.5.4 COMPLIANCE AUDIT RETURN – MARCH 2012

ATTACHMENT DETAILS


Attachment 1 – Item 8.5.5 refers Compliance Audit Return 2011








PURPOSE OF REPORT

The purpose of this report is to present to Council the 2011 Compliance Audit Return (CAR) for adoption and endorsement. SUMMARY AND KEY ISSUES

There are no items of non compliance to bring to Council’s attention with all statutory requirements of regulation 13 of the Local Government (Audit) Regulations 1996 being met. LOCATION

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N/A BACKGROUND

Completion of the Compliance Audit Return is a statutory requirement and requires that it be:

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

After the Compliance Audit Return has been presented to the Council, a certified copy of the return, along with the relevant section of the minutes and any additional information explaining or qualifying the compliance audit, is to be submitted to the Director General by 31 March 2012 (Certified means signed by the Mayor or President and the CEO) CONSULTATION Nil STRATEGIC IMPLICATIONS

There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS

There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS The Shire has met all statutory requirements under regulation 13 of the Local Government (Audit) Regulations 1996. FINANCIAL IMPLICATIONS

There are no financial implications. ENVIRONMENTAL IMPLICATIONS



In the reporting year 2011 the Shire has been fully compliant. OFFICER RECOMMENDATION THAT Council adopt the Compliance Audit Return for 2011.

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MOTION Moved Cr Farley Seconded Cr Peters

THAT Council adopt the Compliance Audit Return for 2011.

CARRIED UNANIMOUSLY COUNCIL DECISION 318/MAR12 THAT Council adopt the Compliance Audit Return for 2011.

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Cr Farley left the room at 6.06pm

8.5.5 CONSTRUCTION/REPLACEMENT OF FENCE ON CEDED LAND ADJOINING RIGHT-

OF-WAY, LOT 48 LEAKE STREET, PEPPERMINT GROVE.

ATTACHMENT DETAILS


Attachment 3 – Item 8.5.5 refers Lot 48 Leake Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : Lot 48 (No.47) Leake Street Application Index : Various TPS No 3 Zoning : N/A Land Use : Dwelling Lot Area : N/A Disclosure of any Interest : Nil Previous Items : Nil Applicant : T & P Bowen Owner : T & P Bowen Responsible Officer : David Chidlow, Manager Development Services COUNCIL ROLE




eg. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.




PURPOSE OF REPORT

The purpose of this report is to seek Council approval for ceded land off a Right of Way (ROW) to be leased back to the adjoining owners of the land that previously gave up the land as part of a battleaxe subdivision.

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Approval is sought for use of ceded land at the rear of a battleaxe subdivision.

The approval of the Minister for Lands for a lease approval is required

A notification being placed upon the property title in accordance with Section 70A of the Transfer of Land Act, 1893

The Notice is to ensure that prior to property purchase any future owner/s become formally aware of their obligations

The property owner is required to enter into a lease to the satisfaction of the Shire

The application is recommended for approval.

LOCATION Lot 48 (47) Leake Street BACKGROUND

The owners of the above property (battle-axe lot) have made a submission to Council seeking approval to reconstruct/replace the existing fence on the rear boundary of the parent lot of the ceded land adjoining the right-of-way at the rear. Often the ceded land becomes an area that is used for the dumping of general garden wastes and other materials or for the parking of motor vehicles, all of which frequently require Shire staff to engage in unscheduled waste collection activities or the removal of vehicles obstructing movement in the ROWs. Council has recently approved fencing of ceded land on ROWs to enable the owners of the adjoining battle-axe lots to utilise the land for private purposes. This has proven to be a successful strategy in overcoming the abovementioned management issues. In granting approval for the proposal (and any future requests for the same purpose), Council has developed a formal agreement process between the Shire and the property owner which is achieved by the preparation and placement of a Notification on the property title in accordance with the provisions of Section 70A of the Transfer of Land Act. The Notice will ensure that all future property owners are formally aware of the ceded land (upon property search and land transfer) and that they have a commitment to relinquish the land upon the request of the Shire. Council’s solicitors recommend that in addition to the Section 70A notification, the Shire also has in place a lease/licence agreement with the landowner. The lease/licence would, amongst other things, place all occupiers’ liability onto the landowners; require them not to construct or develop the land without the prior consent of the Shire and require landowners to remove all structures and improvements upon written demand and indemnify against any costs/expenses/damages. As the ROW is in Crown land, a lease/licence would require the prior approval of the Minister for Lands. The applicants have advised; As discussed, we are the owners and occupants of 47 Leake Street, Peppermint Grove, which is the rear property of a battle-axe block which adjoins an east – west rear laneway. Currently, approximately half of our properties back fence line (west side) has been moved north into the rear laneway as is typical of most of the houses the in this part of the street. The other half of our rear fence line (east side) has not been moved, having been historically used by the

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previous owners as a parking area for visitors, allowing the lane way to remain unobstructed when cars were parked there. Adjoining the remaining east side of our rear fence line is a double car garage. Given we do not park our vehicles in the laneway we would like to seek the Council’s permission to align the east side rear fence line of the property with the west side rear fence line. Our intention would be to match the existing brush fence in all regards (footing materials (sandstone) and height)

This report recommends that Council grant approval for the ceded land at the rear of the subject lot to be fenced to the rear boundary of the original parent lot adjoining the right of way. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS

The Shire of Peppermint Grove Town Planning Scheme No. 3 Policy on Right of Ways currently requires that where a property adjoining a right-of-way (ROW) is subdivided that a portion of land adjoining the Right-of-Way is ceded to the Shire for the development of a future street – Extract from Policy on Right of Ways POLICY ON RIGHT OF WAYS (Objectives) The creation of battleaxe subdivisions is contrary to the objectives of the scheme and is therefore not supported by Council. This policy sets out the guidelines, which will allow possible future sub-division of larger lots to occur by converting the right of ways into streets. The Policy enables the Council to manage and develop the ROW as it sees appropriate and to engage with landowners for the development of ROWs; The Council will have complete control in developing the right of ways in a systematic and orderly manner to create the type of environment it wishes to achieve for the locality.

And – Council may enter into agreement with affected land owners to comply with conditions imposed by Council in developing the right of ways.

Council may enter into agreements with affected landowners in regard to financial contribution for the preparation of design and for work associated with development of right of ways.

STATUTORY IMPLICATIONS The requirement to affix the Council Seal is within the Transfer of Land Act 1893 as amended (Form n.1)

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FINANCIAL IMPLICATIONS

All costs associated with the removal of boundary fences, structure and other improvements within the ceded land and reinstatement of the survey lot boundary of the relevant lot to be borne entirely by the property owner. ENVIRONMENTAL IMPLICATIONS



This is a standard procedure that requires a resolution of Council in the absence of a delegation to the CEO. OFFICER RECOMMENDATION/S THAT:

a) The Chief Executive Officer be delegated authority to enter into a lease with landowners that have been granted use of ceded land that has been granted approval for private use by Council.

b) Council grant approval for the ceded land at the rear of lot 48 (47) Leake Street

Peppermint Grove to replace/construct a fence on the rear boundary of the original parent lot adjoining the right of way in accordance with the application submitted subject to:

1. Approval of the Minister for Lands for a lease. 2. The property owner submitting an Application for Approval to Erect a Fence and that

the proposed fence is in accordance with the requirements of the Shire of Peppermint Grove Local Laws Relating to Fencing

3. The rear boundary of the original parent lot being surveyed by a registered surveyor to ensure that fence does not encroach into the right of way

4. A Notification being placed upon the property title of lot 48 (47) Leake Street Peppermint Grove in accordance with Section 70A of the Transfer of Land Act, 1893. The Notice is to ensure that prior to property purchase any future owner/s of Lot 48 (47) Leake Street become formally aware of their obligation to relinquish the ceded land should and when the Shire of Peppermint Grove require the land for the development of a roadway, parking, drainage or any other use that the Shire may determine from time-to-time.

5. The property owner entering into a lease to the satisfaction of the Shire. 6. The Shire giving six months notice to a land owner to remove all boundary fences and

other improvement within the ceded land. 7. All costs associated with the removal of boundary fences, structure and other

improvements within the ceded land and reinstatement of the survey lot boundary of the relevant lot to be borne entirely by the property owner.

c) That Council grant authority to the CEO to affix the Council Seal in the presence of the

Shire President to the Leases and Section 70A Notifications applicable to lot 48 (47) Leake Street, Peppermint Grove.

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MOTION

Moved Cr Peters Seconded Cr Hohnen THAT:




1. Approval of the Minister for Lands for a lease. 2. The property owner submitting an Application for Approval to Erect a Fence and that

the proposed fence is in accordance with the requirements of the Shire of Peppermint Grove Local Laws Relating to Fencing



5. The property owner entering into a lease to the satisfaction of the Shire. 6. The Shire giving six months notice to a land owner to remove all boundary fences and

other improvement within the ceded land. 7. All costs associated with the removal of boundary fences, structure and other


c) That Council grant authority to the CEO to affix the Council Seal in the presence of the

Shire President to the Leases and Section 70A Notifications applicable to lot 48 (47) Leake Street, Peppermint Grove.

CARRIED UNANIMOUSLY

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THAT:




1. Approval of the Minister for Lands for a lease. 2. The property owner submitting an Application for Approval to Erect a Fence and

that the proposed fence is in accordance with the requirements of the Shire of Peppermint Grove Local Laws Relating to Fencing



5. The property owner entering into a lease to the satisfaction of the Shire. 6. The Shire giving six months notice to a land owner to remove all boundary fences

and other improvement within the ceded land. 7. All costs associated with the removal of boundary fences, structure and other


c) That Council grant authority to the CEO to affix the Council Seal in the presence of

the Shire President to the Leases and Section 70A Notifications applicable to lot 48 (47) Leake Street, Peppermint Grove.

Cr Farley returned to the room at 6.08pm.

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9 DELEGATES REPORTS Nil

10 NEW BUSINESS OF AN URGENT NATURE Nil

11 MOTIONS ON NOTICE

Nil

12 CONFIDENTIAL ITEMS OF BUSINESS Nil

13 CLOSURE There being no further business the meeting closed at 6.08pm. ___________________________ _______________________ Presiding Member Date

ordinary meeting of council - shire of peppermint …€¦ · minutes of the shire of peppermint...

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